[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41902-41909]
[FR Doc No: 2012-17305]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2011-0551]
RIN 1625-AA00; 1625-AA08

Special Local Regulation and Safety Zone; America's Cup Sailing
Events, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation and
a safety zone for sailing regattas that may be conducted on the waters
of San Francisco Bay adjacent to the City of San Francisco waterfront
in the vicinity of the Golden Gate Bridge and Alcatraz Island. This
rule will regulate the on-water activities associated with the ``2012
America's Cup World Series'' regatta scheduled for August 21-26, 2012;
and the ``Louis Vuitton Cup,'' ``Red Bull Youth America's Cup,'' and
``America's Cup Finals Match'' scheduled to occur in July, August, and
September, 2013. These regulations are necessary to provide for the
safety of life on the navigable waters immediately prior to, during,
and immediately after any regattas that may occur. The regulation will
temporarily restrict vessel traffic in a portion of the San Francisco
Bay, prohibit vessels not participating in the America's Cup sailing
events from entering the designated race area, and create a temporary
safety zone around racing vessels.

DATES: Section 100.T11-0551A is effective from August 21, 2012, until
August 26, 2012. Section 100.T11-0551B is effective from July 4, 2013,
until September 23, 2013. Section 165.T11-0551 is effective from August
21, 2012, until September 23, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-0551. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant DeCarol Davis, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, U.S. Coast Guard; telephone
(415) 399-7443, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

ACRM America's Cup Race Management
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEP Marine Event Permit
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking
NPS National Park Service
VTS Vessel Traffic Service

A. Regulatory History and Information

    On January 30, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) proposing regulations to protect public safety if the
34th America's Cup sailing races occur, as proposed, in 2012 and 2013
on San Francisco Bay. See 77 FR 4501. The Coast Guard provided a 90-day
period for public comment on the proposed

regulations, and also accepted public comments that arrived shortly
after the close of that comment period. The Coast Guard also held three
public meetings to gather information pertaining to activities on the
Bay that might be affected by the America's Cup events or related
safety regulations. A record of these meetings is available in the
docket, which you may access following the procedure outlined in the
ADDRESSES section above. We received a total of 77 comments during the
public comment period.
    The Coast Guard considered the public input received through the
docket and at these meetings when developing this rule. Typical
comments included the following: the need for clarification on the
dates and times of the races; concern about the effects of the rule on
recreational users' access to the Bay during the events; and general
concerns about the events' impact on commerce. These concerns are
discussed below.

B. Basis and Purpose

    Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta
or marine parade. The Commander of Coast Guard District 11 has
delegated to the Captain of the Port (COTP) San Francisco the
responsibility of issuing such regulations. The COTP also has the
authority to establish safety zones under 33 CFR 1.05-1(f) and 165.5.
    The America's Cup Race Management (ACRM) has applied for a Marine
Event Permit (MEP) to hold the 34th America's Cup sailing events on the
waters of San Francisco Bay in California, and that application is
still pending. The Coast Guard's approval of the ACRM permit
application is contingent upon completion of the Environmental
Assessment (EA) of the MEP (referred to in this document as the
``Permitting EA'') under the National Environmental Policy Act (NEPA).
On June 8, 2012, the Permitting EA was made available for public
comment at www.americascupnepa.org. The Permitting EA associated with
the MEP addresses the impact of this rule, as well as other issues. The
Permitting EA was conducted jointly with the National Park Service and
other federal agencies and addresses both land and water environmental
impacts, including the on-water impacts of this special local
regulation and safety zone. To accommodate the additional time required
to complete the Permitting EA, while still providing public notice of
and benefiting from public comment on the safety provisions of this
rule, we conducted this rulemaking before approval of the MEP. As part
of the rulemaking, we provided an environmental analysis of the
specific on-water environmental impacts of the rule (``Rulemaking
EA''). The Permitting EA is broader than, and encompasses the topics
of, the Rulemaking EA.
    We anticipate that this special local regulation and safety zone
will be necessary to ensure public safety during the sailing events
should the MEP be approved. If the MEP is not approved, however, we
will withdraw this rule.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard conducted widespread public outreach to better
understand the potential impacts of this rule on commercial operations
and recreational activities on the Bay. To provide the public with an
opportunity to comment on this rulemaking process, the Coast Guard held
three public meetings and established a 90-day comment period. As noted
above, we received a total of 77 comments. Of those comments received,
87 percent came from recreational users, 7 percent came from
environmental organizations, and 6 percent came from commercial vessel
operators.

Comments on Access to the Bay

    The majority of comments received from recreational users came from
the boardsailing community, which includes windsurfers and kitesurfers.
Many boardsailors raised concerns about limited waterfront access
adjacent to Crissy Field and the on-water areas near the Golden Gate
Bridge amenable to boardsailing. Boardsailors indicated that the
proposed rule would prevent their launching from Crissy Field, and
environmental organizations raised similar concerns about recreational
access.
    In response to comments about waterfront access, this rule modifies
the regulated area for 2012 to allow for more recreational access in
vicinity of Crissy Field. The regulated area for 2012 will be smaller
in size and located further east than the regulated area originally
proposed in the NPRM. The size and location of this regulated area will
encourage spectator-viewing ashore, provide greater recreational access
to the western portion of the Bay near the Golden Gate Bridge, and
minimize crowding in vicinity of Crissy Field. For these reasons, there
is no longer a need for the Coast Guard to establish an ``Area Closed
to All Motorized Vessels and Vessels Greater Than 20 Feet'' in 2012. We
have therefore removed the proposed area from the 2012 special local
regulation. We did not make similar modifications to the 2013 regulated
area, however, because the size and location of that area is
appropriate for the larger, faster vessels to be used in the 2013
events. Because the size and location of the regulated area for 2013
have not changed, the rule will maintain the ``Area Closed to All
Motorized Vessels and Vessels Greater Than 20 Feet'' during the 2013
events.
    To address concerns relating to access along the San Francisco
waterfront in 2013, a transit zone will provide access to all the port
facilities along the waterfront as proposed in the NPRM. This transit
zone will enable both commercial and recreational users continued
access to waterfront berths and facilities during the races. Depending
on racing activity or spectator traffic, the Coast Guard may direct the
use of ``follow-me'' boats to guide commercial and recreational users
through the transit zone. To prevent crowding and congestion in this
area, vessels are prohibited from loitering or anchoring in the transit
zone.

Comments on the Enforcement Period

    In addition to their concerns pertaining to limited access, many
boardsailors expressed concern about the length of the proposed
enforcement period of the special local regulation, which would have
applied between noon and 5 p.m. on days designated for program events.
Several comments from boardsailors indicated that much of the Bay
Area's recreational boardsailing occurs after the work day during the
week, which coincides with the proposed enforcement period. To address
these concerns, the Coast Guard will modify the effective dates for
2012 and the effective dates and enforcement period for 2013. In this
final rule, we will use the term ``program dates'' instead of ``race
dates'' because some of the scheduled enforcement dates encompass
activities other than racing, such as the opening day ceremonies.
    Although the 2012 enforcement period will continue to be from noon
to 5 p.m., the events will be shorter than proposed in the NPRM and
include only 6 days of program activity instead of 12 program days
during a 22 day period. The ACRM has recently proposed to conduct an
additional America's Cup World Series event during the 2012 San
Francisco Bay Fleet Week activities from October 4-7, 2012. If
approved, that event may be covered by an existing regulation for Fleet
Week, but would not be covered by this regulation.

    In response to comments requesting that the enforcement period end
earlier in the day in 2013, we have shifted the enforcement period one
hour earlier to accommodate the recreational community. Enforcement
will occur from 11 a.m. to 4 p.m. on designated program days between
July 4 and September 23, 2013, and not from noon to 5 p.m. as
originally proposed. Not every day during this enforcement period will
be a program day, and enforcement will not occur on days when no
programmed activity is scheduled.
    Additionally, as noted in the NPRM, event activity will end earlier
on some program days when fewer races are scheduled. The enforcement
period will not exceed the dates or times specified in the rule.
    The Coast Guard received several comments and suggestions about
communicating to the public the dates and times when the rule is being
enforced. For the 2012 races, a program calendar is available in the
docket, and the Coast Guard will use a Broadcast Notice to Mariners
over VHF Channel 16 to announce when enforcement begins and ends on
each program day. For the 2013 races, a finalized program calendar will
be posted in the docket no later than June 1, 2013. For the time being,
a tentative program calendar is available in the docket. Notice of the
finalized 2013 program calendar will be published in the Federal
Register and the Local Notice to Mariners. The Coast Guard will also
use a Broadcast Notice to Mariners to announce when enforcement begins
and ends on each program day in 2013. Based on the public's comments,
the Coast Guard intends to explore social media tools or other means to
help inform and update the public on event activity. The Coast Guard
will work with ACRM, local government agencies, port partners, and
other maritime communities to ensure widest dissemination of
information.

Comments on the Environmental Analysis

    In addition to comments on recreational access, we received
comments pertaining to the NEPA Rulemaking EA.
    One comment suggested the public comment period for the Rulemaking
EA was too short. The comment period on the Rulemaking EA was designed
to coincide with the comment period for the rule, without delaying this
final rule, and we believe it was adequate because of the limited
subject of this rule and the number and quality of comments we did
receive during the comment period. We also accepted and considered
comments arriving after the close of the comment period on April 30,
2012.
    Another comment questioned the adequacy of the Rulemaking EA in
addressing impacts to eelgrass, birds, and other wildlife. These issues
are discussed throughout the Rulemaking EA, including noting the
location of known eelgrass beds in Figure BIO-3. Impact thresholds for
these species are found on pages 4-8 and 4-9 of the Rulemaking EA. The
analysis of impacts to these biological resources is found in the EA on
pages 4-13 through 4-17.
    Another comment asked that the Coast Guard describe the marine
protective closures for sensitive resources and prescribe enforcement
methods to ensure wildlife protective areas. We recognize the need to
describe such existing protected areas for public awareness and have
included a figure in the docket that demarcates the only Wildlife
Protection Area (WPA) within the regulated area, at Crissy Field. This
WPA, which extends 300 feet from shore, is established and regulated by
the National Park Service (NPS) to prevent boats and other maritime
activity from disturbing nesting snowy plovers on Crissy Field. During
the America's Cup enforcement periods, we understand the NPS also
intends to establish a 500 feet environmental buffer around Alcatraz
Island, closed to all maritime activity, to protect nesting seabirds
along the western cliffs of the island.
    While the Coast Guard will use its authorities to enforce existing
marine environmental protection regulations and provide assistance to
other agencies when requested, the proposed creation of enforcement
authorities, operational strategies for the Crissy Field WPA, or an
environmental buffer proposed by another agency is outside of the scope
of this rule, which is being promulgated to ensure the safety of life
on the navigable waters in accordance with 33 CFR 100.35 and 165.5. Any
new environmental protection regulations would be related to a
determination of environmental harm, which was not found in relation to
the implementation of this special local regulation and safety zone.
    Another comment indicated that there were errors in the Rulemaking
EA relating to the 2012 dates and concerns that the project description
is unsettled. The Coast Guard acknowledges that the event dates were
not finalized by the date of the EA and states on pages 1-1 and 1-2 of
the Rulemaking EA that ``The Marine Event Permit cannot be issued at
this time as the details of AC34, including the exact nature of the
sailing event, control measures, race dates, etc., are still being
finalized.'' As noted elsewhere in this discussion, the Permitting EA
associated with the MEP will address the impact of this rule, as well
as other issues.
    Similarly, another comment stated that the Rulemaking EA was
procedurally inadequate and that the EA and the special local
regulation are ``segmented.'' The Coast Guard disagrees with this
comment. As described in the Basis and Purpose section above and on
pages 1-1 and 1-2 of the Rulemaking EA, the Coast Guard has made no
decision on the MEP. The Coast Guard's approval of the MEP application
is contingent upon completion of the Permitting EA, which is being
conducted jointly with the NPS and will require more time for
completion as it covers both land and water environmental impacts. As
stated on page 2-1 of the Rulemaking EA, this rule ``is unique among
the other federal permits and approvals and requires a formal
rulemaking process, in accordance with 33 CFR 100 and 165''; therefore,
the Coast Guard determined that in order to accommodate the additional
time required to complete the Permitting EA, while still providing
public notice of and benefiting from public comment on the safety
provisions of this rule, we conducted this rulemaking prior to the
completion of the jointly executed Permitting EA and the approval of
the MEP.
    Under these circumstances, the Coast Guard is establishing this
special local regulation and safety zone prior to a decision on the MEP
or the completion of the Permitting EA. The Permitting EA is broader
than, and will encompass the topics of, the Rulemaking EA. If the MEP
is not approved, we will withdraw this rule.
    A comment suggested that a full Environmental Impact Statement
(EIS) should be prepared for this project. The Rulemaking EA analyzed
all issues related to the proposed action and found that there would
not be adverse impacts from implementing the SLR; therefore, an EIS is
not required.
    Another comment pertaining to the Rulemaking EA stated that Section
1.5 (Summary of Laws) should be amended to include the Migratory Bird
Treaty Act (MBTA). The Coast Guard acknowledges its responsibility as a
Federal agency under the MBTA to protect migratory birds. The
Rulemaking EA on pages 4-17 and 4-18 contains analysis on the effects
of this rule on colonial birds at Alcatraz. It states that ``Because
the proposed action does not add new vessels to the area, and because
the proposed action zone encompasses the

southwestern portions of Alcatraz during the 2013 events, the effects
of the proposed action are negligible.'' This issue, including a
description of the MBTA and impacts related to colonial birds, is
analyzed in the Permitting EA. This is appropriate because the action
alternatives considered in the Permitting EA could have the potential
to affect colonial birds.

Comments on Commercial Vessel Operations

    In addition to those comments received from recreational users and
environmental organizations concerned about the Rulemaking EA, the
Coast Guard also received comments from representatives of the local
maritime industry.
    One operator shared concerns pertaining to the shipping industry's
ability to meet work shift schedules. The Coast Guard acknowledges
these concerns and the need for a safe and accessible waterway. The
Coast Guard will make every effort to maximize the efficient use of the
Bay and minimize delays for commercial vessels. As proposed in the
NPRM, shipping traffic may continue to operate using the existing Deep
Water (two-way) Traffic Lane during the America's Cup sailing races.
The Regulated Navigation Area (RNA) specified in 33 CFR 165.1181 would
continue to apply in this area. This RNA contains one-way provisions
for certain vessels such as those greater than 1,600 gross tons
carrying dangerous cargos. At the COTP's discretion, vessels in
addition to those listed in the RNA could be restricted to one-way
traffic as coordinated by the VTS. Such a one-way traffic scheme could
allow more maneuvering space for transiting vessels and may reduce
navigational obstacles.
    Another comment expressed concern about the location of the
contingent regulated area and its potential to interfere with shipping
traffic. In the unlikely event that racing is planned in the contingent
regulated area, it will only be conducted with COTP approval. If the
COTP deems that racing would interfere with the commercial shipping
traffic requiring transit through the contingent regulated area, then
the race will be delayed, shortened, or terminated to accommodate
commercial shipping schedules.
    We also received a comment from a maritime labor representative
that expressed concern for landside safety and security during the
America's Cup sailing events. Coast Guard response to landside safety
and security issues are outside of the scope of this rulemaking, which
establishes regulations specific to the on-water activities associated
with the marine event.
    Ferry vessel operators expressed concern that the proposed
positioning of the transit zone for 2013 does not fully allow ferry
operators to maintain their schedules. For this reason, we are
modifying the coordinates of the eastern portion of the transit zone to
improve access to Piers 31 through 45. The eastern entrances of the
transit zone may also be temporarily closed as races finish, as was
proposed in the NPRM. Vessels are still prohibited from loitering or
blocking the transit area. At the COTP's discretion, vessel movement in
this zone can also be restricted to one-way traffic coordinated by the
Patrol Commander.
    We made no changes to the proposed restrictions on Anchorage 7 or
the closure of shipping lanes.
    The Coast Guard appreciates the comments and concerns brought
forward during the NPRM public comment period. These comments have been
reviewed, discussed, and incorporated into this rulemaking where
changes were needed.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this rule restricts navigation on San Francisco Bay, these
restrictions will only be in place in a small area for a limited time
on specific dates. The entities most likely to be affected by this rule
are commercial shipping vessels, ferry vessels, fishing vessels and
pleasure craft engaged in recreational activities. We expect this event
to be well publicized so that waterway users are able to plan their
activities in advance to take into account any restrictions.
    The rule does not exceed a five-hour period between noon and 5 p.m.
on certain dates and 11 a.m. and 4 p.m. on other dates. On many race
days, the affected period will be shorter. The entities affected will
be permitted to navigate around the restricted area during these
periods, and the rule creates a traffic scheme for doing so. The rule
does not prevent commercial operators from conducting operations during
the America's Cup sailing events. Shipping traffic may operate around
the regulated area using the Deep Water (two-way) Traffic Lane. The San
Francisco VTS will help facilitate the safe and efficient use of the
waterways.

2. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. We find that the rule has some effect on small
entities, but does not have a significant economic impact on a
substantial number of the entities. This rule affects the following
entities, some of which might be small entities: (i) The owners or
operators of commercial vessels intending to transit, operate, or
anchor in a portion of the San Francisco Bay; and (ii) the owners and
operators of recreational vessels using the regulated portion of San
Francisco Bay.
    Although this rule affects these small entities, this rule will not
have a significant economic impact on a substantial number of small
entities for several reasons: (i) This rule will restrict only a small
portion of the waterway for a limited period of time; (ii) vessel
traffic may pass safely around the area; (iii) vessel traffic may pass
through the area with COTP approval; (iv) recreational vessel operators
may use spaces outside of the affected areas; (v) the maritime public
will be advised in advance of this regulated area via Broadcast Notice
to Mariners; and (vi) at times of high traffic density anticipated in
2013, there will be a transit zone implemented to facilitate
navigation. These measures have been implemented during similar marine
events such as Fleet Week and have been successful.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental

jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action does not individually or cumulatively have a significant
effect on the human environment. A copy of the environmental analysis
is available in the docket.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add temporary Sec.  100.T11-0551A to read as follows:

Sec.  100.T11-0551A  Special Local Regulation; 2012 America's Cup World
Series.

    (a) Location. This special local regulation establishes regulated
areas on the waters of San Francisco Bay located in the vicinity of the
Golden Gate Bridge, Alcatraz Island, the City of San Francisco
waterfront, and the Bay Bridge. Movement within marinas, pier spaces,
and facilities along the City of San Francisco waterfront is not
regulated by this rule.
    (1) The following area is the Primary Regulated Area for the 2012
America's Cup sailing regattas: All waters of San Francisco Bay bounded
by a line beginning at position 37[deg]48'43'' N, 122[deg]25'11'' W at
the eastern end of Fisherman' s Wharf Breakwater, running east to
position 37[deg]48'43'' N, 122[deg]25'01'' W, running north to position
37[deg]49'07'' N, 122[deg]25'01'' W, running northwest to position
37[deg]49'14'' N, 122[deg]25'12'' W located south of Alcatraz Island,
running west to position 37[deg]49'14'' N, 122[deg]27'13'' W, running
south to position 37[deg]48'23'' N,

122[deg]27'13'' W, running eastward along the City of San Francisco
shoreline, along the Municipal Pier, east across the mouth of Aquatic
Park cove to the Fisherman' s Wharf breakwater then east along the
breakwater. All coordinates are North American Datum 1983.
    (2) The following area is the Contingent Regulated Area for the
2012 America's Cup sailing regattas: All waters of San Francisco Bay
bounded by a line connecting the following coordinates: 37[deg]50'56''
N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' W;
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05''
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N,
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52''
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W;
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N,
122[deg]24'37'' W. All coordinates are North American Datum 1983.
    (b) Enforcement Period. The regulations in this section will be
enforced between the hours of noon and 5 p.m. on designated program
days between August 21, 2012, and August 26, 2012. The enforcement
period may be curtailed earlier by the Captain of the Port (COTP) or
Patrol Commander. Notice of the specific program dates and times will
be issued via Broadcast Notice to Mariners and published by the Coast
Guard in the Local Notice to Mariners and in the Federal Register.
    (c) Definitions--(1) Patrol Commander. As used in this section,
``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer, or a Federal, State, or local officer designated by the
Captain of the Port San Francisco (COTP) to assist in the enforcement
of the special local regulation.
    (2) 2012 Race Area. As used in this section, ``2012 Race Area''
means an area within the Primary Regulated Area bounded by America's
Cup support vessels, which will be marked by prominently displayed
banners.
    (3) Contingent Race Area. As used in this section, ``Contingent
Race Area'' means an area within the Contingent Regulated Area bounded
by America's Cup support vessels, which will be marked by prominently
displayed banners.
    (d) Special Local Regulations. (1) 2012 Race Area Restrictions. The
2012 Race Area is closed to all unauthorized vessel traffic, except for
those permitted by the COTP or PATCOM.
    (2) Contingent Race Area Restrictions. In the event the race area
must be altered to accommodate a north-south wind direction or other
shifts in weather, the restrictions in paragraph (d)(1) of this section
will apply to the Contingent Race Area. In deciding whether to conduct
races in the Contingent Race Area, the COTP will consider commercial
shipping traffic that intends to operate in the Central Bay
Precautionary Area west of Treasure Island. The COTP will issue
Broadcast Notices to Mariners to publicize the use of the Contingent
Race Area.
    (3) Requesting Transit through Race Areas. Vessel operators who
desire to enter or operate within the 2012 Race Area or the Contingent
Race Area while those areas are restricted must contact the COTP or
PATCOM to obtain permission to do so. Vessel operators given permission
to enter or operate in those race areas must comply with all directions
given to them by the COTP or PATCOM. Persons and vessels may request
permission to enter a race area on VHF Channel 23A or through the Coast
Guard Sector San Francisco Command Center via telephone at 415-399-
3547.
    (4) Closure of Shipping Lanes. Eastbound and Westbound San
Francisco Bay Traffic Lanes will be closed to all vessels greater than
or equal to 100 gross tons. Vessel traffic will be permitted to operate
during the enforcement period using the Deep Water (two-way) Traffic
Lane established in 33 CFR 165.1181. Vessels of 100 gross tons or
greater that need to enter or operate within the closed traffic lanes
shall obtain permission from the COTP by contacting the Vessel Traffic
Service via VHF Channel 14.
    (5) Control of Vessel Movement to Ensure Safety. (i) The COTP, or
PATCOM as the designated representative of the COTP, may control the
movement of all vessels operating on the navigable waters of San
Francisco Bay when the COTP has determined that such orders are
justified in the interest of safety by reason of weather, visibility,
sea conditions, temporary port congestion, and other temporary
hazardous circumstances.
    (ii) When hailed or signaled by PATCOM, the hailed vessel must come
to an immediate stop and comply with the lawful directions issued.
Failure to comply with a lawful direction may result in additional
operating restrictions, citation for failure to comply, or both.
    (iii) The COTP may delay, shorten, or terminate any America's Cup
race at any time it is deemed necessary.
    (iv) After termination of the America's Cup races each day, the
Coast Guard will issue a Broadcast Notice to Mariners to publicize the
decision to resume normal operations.

0
3. Add temporary Sec.  100.T11-0551B to read as follows:

Sec.  100.T11-0551B  Special Local Regulation; 2013 America's Cup
Sailing Events.

    (a) Location. This special local regulation establishes regulated
areas on the waters of San Francisco Bay located in the vicinity of the
Golden Gate Bridge, Alcatraz Island, the City of San Francisco
waterfront, and the Bay Bridge. Movement within marinas, pier spaces,
and facilities along the City of San Francisco waterfront is not
regulated by this rule.
    (1) The following area is the Primary Regulated Area for the 2013
America's Cup sailing events: All waters of San Francisco Bay bounded
by a line beginning at position 37[deg]48'12'' N, 122[deg]24'04'' W
located on the foot of Pier 23, running northeast to position
37[deg]48'41'' N, 122[deg]23'16'' W, running northwest to position
37[deg]49'41'' N, 122[deg]24'30'' W located east of Alcatraz Island,
running west to position 37[deg]49'41'' N, 122[deg]27'35'' W, running
southwest to position 37[deg]49'02'' N, 122[deg]28'21'' W, running
south to position 37[deg]48'32'' N, 122[deg]28'21'' W, and running
eastward along the City of San Francisco shoreline ending at position
37[deg]48'12'' N, 122[deg]24'04'' W located on the foot of Pier 23. All
coordinates are North American Datum 1983.
    (2) The following area is the Contingent Regulated Area for the
2013 America's Cup sailing events: All waters of San Francisco Bay
bounded by a line connecting the following coordinates: 37[deg]50'56''
N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' W;
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05''
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N,
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52''
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W;
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N,
122[deg]24'37'' W. All coordinates are North American Datum 1983.
    (b) Enforcement Period. The following regulations will be enforced
between the hours of 11 a.m. and 4 p.m. on designated program days
between July 4, 2013, and September 23, 2013. The enforcement period
may be curtailed earlier by the Captain of the Port (COTP) or Patrol
Commander. Notice of the specific program dates and times will be
issued via Broadcast Notice to Mariners and published by the Coast
Guard in the Local Notice to Mariners and in the Federal Register.
    (c) Definitions--(1) Patrol Commander. As used in this section,
``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard

coxswain, petty officer, or other officer, or a Federal, State, or
local officer designated by the Captain of the Port San Francisco
(COTP) to assist in the enforcement of the special local regulation.
    (2) 2013 Race Area. As used in this section, ``2013 Race Area''
means an area within the Primary Regulated Area bounded by America's
Cup support vessels, which will be marked by prominently displayed
banners.
    (3) Contingent Race Area. As used in this section, ``Contingent
Race Area'' means an area within the Contingent Regulated Area bounded
by America's Cup support vessels, which will be marked by prominently
displayed banners.
    (d) Special Local Regulations--(1) 2013 Race Area Restrictions. The
2013 Race Area is closed to all unauthorized vessel traffic, except for
those permitted by the COTP or PATCOM.
    (2) Contingent Race Area Restrictions. In the event the race area
must be altered to accommodate a north-south wind direction or other
shifts in weather, the restrictions in paragraph (d)(1) of this section
will apply to the Contingent Race Area. In deciding whether to conduct
races in the Contingent Race Area, the COTP will consider commercial
shipping traffic that intends to operate in the Central Bay
Precautionary Area west of Treasure Island. The COTP will issue
Broadcast Notices to Mariners to publicize the use of the Contingent
Race Area.
    (3) Requesting Transit through Race Areas. Vessel operators who
desire to enter or operate within the 2013 Race Area or the Contingent
Race Area while those areas are restricted must contact the COTP or
PATCOM to obtain permission to do so. Vessel operators given permission
to enter or operate in those race areas must comply with all directions
given to them by the COTP or PATCOM. Persons and vessels may request
permission to enter a race area on VHF Channel 23A or through the Coast
Guard Sector San Francisco Command Center via telephone at 415-399-
3547.
    (4) Area Closed to All Motorized Vessels and Vessels Greater Than
20 Feet. Within the Primary Regulated Area, the following area is
established for swimmers, rowers, kayakers, and non-motorized vessels
of 20 feet or less: The area bounded by a line beginning at position,
37[deg]48'32'' N, 122[deg]26'24'' W, running west to position
37[deg]48'32'' N, 122[deg]28'00'' W, running northwest to position
37[deg]48'40'' N, 122[deg]28'21'' W, running south to position
37[deg]48'32'' N, 122[deg]28'21'' W, running eastward along the City of
San Francisco shoreline, and ending at the beginning position
37[deg]48'32'' N, 122[deg]26'24'' W. All coordinates are North American
Datum 1983. This area is closed to all motorized vessels and all other
vessels greater than 20 feet. All vessels are prohibited from anchoring
in this designated area.

    Note to paragraph (d)(4):  This area contains an existing
National Park Service Wildlife Protection Area (WPA), along Crissy
Field extending 300 feet from shore, which is closed to all vessels.
The WPA is established in the Golden Gate National Recreation Area's
2012 Superintendent's Compendium of Designations, Closures, Permit
Requirements and Other Restrictions Imposed under Designated
Authority. The Coast Guard regulation described in this paragraph
does not supersede the National Park Service's existing regulations
for this WPA.

    (5) No-Loitering Area. No vessels may anchor or loiter in the
navigable waters south of the 2013 Race Area, east of the area defined
in paragraph (d)(4) of this section, and west of Aquatic Park, except
with the permission of PATCOM.
    (6) Transit Zone. Within the Primary Regulated Area, a transit
zone, approximately 200 yards in width, is established along the City
of San Francisco waterfront. The transit zone will begin at the face of
Pier 23, run westward along the pier faces to the Municipal Pier, and
continue westward to the northern boundary of the area defined in
paragraph (d)(4) of this section. This transit zone is bounded by the
following coordinates: 37[deg]48'40'' N, 122[deg]28'21'' W;
37[deg]48'32'' N, 122[deg]28'00'' W; 37[deg]48'32'' N, 122[deg]26'24''
W; 37[deg]48'39'' N, 122[deg]25'27'' W; 37[deg]48'23'' N,
122[deg]25'13'' W; 37[deg]48'41'' N, 121[deg]24'30'' W; 37[deg]48'28''
N, 121[deg]24'04'' W; 37[deg]48'17'' N, 121[deg]23'54'' W;
37[deg]48'21'' N, 122[deg]23'49'' W; 37[deg]48'33'' N, 122[deg]24'00''
W; 37[deg]48'36'' N, 122[deg]24'07'' W; 37[deg]49'15'' N,
122[deg]24'00'' W; 37[deg]49'21'' N, 122[deg]24'05'' W; 37[deg]48'48''
N, 122[deg]24'40'' W; 37[deg]48'49'' N, 122[deg]25'16'' W;
37[deg]48'37'' N, 122[deg]26'22'' W; 37[deg]48'37'' N, 122[deg]28'00''
W; 37[deg]48'47'' N, 122[deg]28'21'' W; (NAD 83). This transit zone is
for vessels that need to access pier space or facilities at, or to
transit along, the City of San Francisco waterfront. It may be marked
by America's Cup support vessels. No vessel may anchor, block, loiter
in, or otherwise impede transit in the transit zone. In the event the
eastern sections of the transit zone are temporarily closed for vessel
safety as races finish, vessels must follow the procedures in paragraph
(d)(3) of this section to request access.
    (7) Anchorage 7 Restrictions. No vessel may anchor in Anchorage No.
7, delineated at 33 CFR 110.224(e)(4), except with the permission of
the COTP. Vessels encountering emergencies that require anchoring in
Anchorage 7 should contact the Sector San Francisco Vessel Traffic
System (VTS) on VHF Channel 14.
    (8) Closure of Shipping Lanes. Eastbound and Westbound San
Francisco Bay Traffic Lanes will be closed to all vessels greater than
or equal to 100 gross tons. Vessel traffic will be permitted to operate
during the America's Cup sailing races using the Deep Water (two-way)
Traffic Lane established in 33 CFR 165.1181. Vessels of 100 gross tons
or greater that need to enter or operate within the closed traffic
lanes shall obtain permission from the COTP by contacting the VTS via
VHF Channel 14.
    (9) Control of Vessel Movement to Ensure Safety. (i) The COTP, or
PATCOM as the designated representative of the COTP, may control the
movement of all vessels operating on the navigable waters of San
Francisco Bay when the COTP has determined that such orders are
justified in the interest of safety by reason of weather, visibility,
sea conditions, temporary port congestion, and other temporary
hazardous circumstances.
    (ii) When hailed or signaled by PATCOM, the hailed vessel must come
to an immediate stop and comply with the lawful directions issued.
Failure to comply with a lawful direction may result in additional
operating restrictions, citation for failure to comply, or both.
    (iii) The COTP may delay, shorten, or terminate any America's Cup
race at any time it is deemed necessary to ensure safety.
    (iv) After termination of the America's Cup races each day, the
Coast Guard will issue a Broadcast Notice to Mariners to publicize the
decision to resume normal operations.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
4. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
5. Add a new temporary section Sec.  165.T11-0551 to read as follows:

Sec.  165.T11-0551  Safety Zone; America's Cup Sailing Events.

    (a) Definitions--(1) America's Cup Racing Vessel. As used in this
section, ``America's Cup Racing Vessel'' means

an official competing vessel of the 34th America's Cup sailing events.
    (2) Patrol Commander. As used in this section, ``Patrol Commander''
or ``PATCOM'' means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer, or a Federal, State,
or local officer designated by the Captain of the Port San Francisco
(COTP) to assist in the enforcement of the safety zone.
    (b) Location and enforcement period. A safety zone extends 100
yards around America's Cup Racing Vessels from noon until 5 p.m. on
program days between August 21, 2012, and August 26, 2012; and from 11
a.m. until 4 p.m. on program days between July 4, 2013, and September
23, 2013. The enforcement period may be curtailed earlier by the
Captain of the Port (COTP) or Patrol Commander. Notice of the specific
program dates and times will be issued via Broadcast Notice to Mariners
and published by the Coast Guard in the Federal Register.
    (c) Regulations. (1) The provisions of 33 CFR 165.23 apply to this
safety zone. No person or vessel underway may enter or remain within
100 yards of an America's Cup Racing Vessel unless authorized by
PATCOM.
    (2) This safety zone shall not relieve any vessel, including
America's Cup Racing Vessels, from the observance of the Navigation
Rules.
    (3) To request authorization to operate within 100 yards of an
America's Cup Racing Vessel, contact PATCOM on VHF Channel 23A.
    (4) When conditions permit, PATCOM should:
    (i) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of
America's Cup Racing Vessels in order to ensure a safe passage in
accordance with the Navigation Rules; and
    (ii) Permit vessels anchored in a designated anchorage area to
remain at anchor when within 100 yards of a passing America's Cup
Racing Vessel.

    Dated: July 9, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-17305 Filed 7-16-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 19, 2010 (Volume 75, Number 201)]
[Notices]
[Page 64371-64372]
[DOCID:fr19oc10-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63096; File No. SR-CBOE-2010-077]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval of Proposed Rule Change To List
Series With Up to 12 Expiration Months for Broad-Based Security Index
Options Upon Which the Exchange Calculates a Volatility Index

October 13, 2010.

I. Introduction

    On August 24, 2010, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to allow the Exchange to list
series with up to 12 expiration months for options that overlie broad-
based security indexes for which options are used by the Exchange to
calculate a volatility index. On September 2, 2010, the Exchange filed
Amendment No. 1, which replaced the original filing in its entirety.
The proposed rule change, as amended, was published for comment in the
Federal Register on September 10, 2010.\3\ The Commission received no
comment letters on the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 62847 (September 3,
2010), 75 FR 55383 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    CBOE has proposed to amend Rule 24.9(a)(2), Terms of Index Options,
to allow the Exchange to list series with up to 12 expiration months
for broad-based security index options upon which the Exchange
calculates a volatility index. Currently, Rule 24.9(a)(2) permits the
Exchange to list series with only seven

expiration months in any index options upon which the Exchange
calculates a constant three-month volatility index.
    In support of its proposal, CBOE stated that, since 2009,
volatility trading has experienced significant growth in trading
volume. In order to satisfy growing demand for a wider variety of
volatility investment strategies, the Exchange is seeking to increase,
from seven to 12, the number of expiration months for broad-based
security index options upon which the Exchange calculates a volatility
index. In doing so, the Exchange hopes to create flexibility that would
enable it to create volatility indexes of varying lengths in response
to demand for a wider variety of volatility investment strategies.
Accordingly, the Exchange also proposes to delete language from the
rule text restricting the volatility index options to indexes on which
the Exchange calculates a constant three-month volatility index. The
Exchange believes that the additional expirations, which will be listed
in monthly intervals over a one-year time frame, will provide the
Exchange with the flexibility to create indexes that represent unique
volatility exposures, and enable the Exchange to respond quickly to
investor demand for new volatility-based products.
    CBOE further stated that it has analyzed its capacity and
represents that it believes the Exchange and the Options Price
Reporting Authority have the necessary systems capacity to handle the
additional traffic associated with the ability to list series with up
to 12 expiration months for broad-based security index options upon
which the Exchange calculates a volatility index.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\4\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\5\ which requires, among other things, that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal will provide investors with added flexibility in the
trading of volatility index options and allow investors to establish
options positions that are more precisely tailored to meet their
investment objectives. The Commission believes that the proposal
strikes a reasonable balance between the Exchange's desire to
accommodate market participants by offering a wider array of investment
opportunities and the need to avoid unnecessary proliferation of
options series and the corresponding increase in quotes. The Commission
expects the Exchange to monitor the trading volume associated with the
additional options series listed as a result of this proposal and the
effect of these additional series on market fragmentation and on the
capacity of the Exchange's, OPRA's, and vendors' automated systems.
    In addition, the Commission notes that CBOE has represented that it
believes the Exchange and the Options Price Reporting Authority have
the necessary systems capacity to handle the additional traffic
associated with the newly permitted listings.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-CBOE-2010-077) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-26279 Filed 10-18-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Proposed Rules]
[Page 40263-40266]
[DOCID:fr14jy08-18]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8691-3]

Minnesota: Final Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Minnesota has applied to EPA for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). Minnesota has submitted these changes so that
it may implement the EPA-approved Joint Powers Agreement (JPA) with
Hennepin County, Minnesota. EPA has reviewed Minnesota's application
and has preliminarily determined that these changes satisfy all
requirements needed to qualify for final authorization, and is
proposing to authorize the State's changes through this proposed final
action.

DATES: Written comments must be received on or before August 13, 2008.
    Effective Dates and Duration: This approval will become effective
when the final Federal Register notice is published. This approval will
expire automatically if the JPA between the State of Minnesota and
Hennepin

County is terminated or expires without renewal.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2008-0468, by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Gary Westefer, Minnesota Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2008-0468. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information for
which disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epagov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some of the
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy. You can
view and copy Minnesota's application from 9 a.m. to 4 p.m. at the
following addresses: Minnesota Pollution Control Agency, 520 Lafayette
Road, North, St. Paul, Minnesota 55155, contact Tanya Maurice, (651)
297-1793; and U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, contact Gary Westefer, Minnesota Regulatory Specialist,
LR-8J,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Minnesota's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Minnesota final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Minnesota has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Minnesota, including
issuing permits, until the State is granted authorization to do so.

C. What Is the Effect of the Proposed Authorization Decision?

    The effect of this decision is to allow Minnesota to implement the
EPA approved JPA with Hennepin County. Hennepin County will be able to
conduct an agreed number of inspections, within Hennepin County,
annually on behalf of the Minnesota Pollution Control Agency (MPCA).
The JPA does not affect MPCA's enforcement responsibility.
    Minnesota continues to have enforcement responsibilities under its
State hazardous waste program for violations of such program, but EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections, require monitoring, tests, analyses, or
reports, and
     Enforce RCRA requirements and suspend or revoke permits.
    This action does not impose additional requirements on the
regulated community because there are no new regulations or inspection
requirements created by this action. Metro County authorities,
including Hennepin County, are already performing inspections at RCRA
facilities.

D. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will
address such comments in a later Federal Register. You may not have
another opportunity to comment. If you want to comment on this
authorization, you must do it at this time.

E. What Has Minnesota Previously Been Authorized for?

    Minnesota initially received final authorization on January 28,
1985, effective February 11, 1985 (50 FR 3756) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on July 20, 1987, effective September 18, 1987
(52 FR 27199); on April 24, 1989, effective June 23, 1989 (54 FR 16361)
amended June 28, 1989 (54 FR 27170); on June 15, 1990, effective August
14, 1990 (55 FR 24232); on June 24, 1991, effective August 23, 1991 (56
FR 28709); on March 19, 1992, effective May 18, 1992 (57 FR 9501); on
March 17, 1993, effective May 17, 1993 (58 FR 14321); on January 20,
1994,

effective March 21, 1994 (59 FR 2998); and on May 25, 2000, effective
August 23, 2000 (65 FR 33774). Minnesota also received authorization
for the U.S. Filter Recovery Services Project XL on May 22, 2001,
effective May 22, 2001 (66 FR 28085).

F. What Changes Are We Authorizing With Today's Action?

    On February 25, 2008, Minnesota submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We have determined, subject to receipt
of written comments that oppose this action, that Minnesota's hazardous
waste program revision satisfies all of the requirements necessary to
qualify for final authorization. Therefore, we propose to grant
Minnesota final authorization for the following program changes:

------------------------------------------------------------------------
                                 Federal Register
Description of state initiated    date and page
   change (include checklist       (and/or RCRA       State authority
    , if relevant)         statutory
                                    authority)
------------------------------------------------------------------------
Joint Powers Agreement between  42 U.S.C. 6926     Minnesota Statutes
 the Minnesota Pollution         and 6929, 40 CFR   sections 13.02,
 Control Agency and Hennepin     271.16 and         effective 1974 as
 County.                         271.17.            amended; 13.39,
                                                    effective 1981 as
                                                    amended; 115.071,
                                                    effective 1973 as
                                                    amended; 115.072,
                                                    effective 1973 as
                                                    amended; 116.07,
                                                    effective 1967 as
                                                    amended; 116.075,
                                                    effective 1971 as
                                                    amended; 471.59,
                                                    effective 1943 as
                                                    amended; 473.151,
                                                    effective 1976 as
                                                    amended; 473.811,
                                                    effective 1975 as
                                                    amended.
------------------------------------------------------------------------

    Sections 13.02 and 13.39 of the Minnesota Statutes cover data
practices. Section 13.02 includes political subdivisions such as
counties as well as the State agencies. Section 13.39 provides for
public access to all data except that legally classified as nonpublic.
Section 115.071 provides for adequate enforcement tools including civil
and criminal penalties meeting the requirements of 40 CFR 271.16.
Section 115.072 allows the State agency to seek recovery of its
litigation costs. Section 116.07 authorizes MPCA to adopt hazardous
waste rules. Section 116.072 authorizes the issuance of Administrative
Penalty Orders meeting the requirements of 40 CFR 271.16. Section
116.075 governs treatment of trade secret data as does Section 473.151,
which also authorizes sharing of this information to comply with
Federal law as required in 40 CFR 271.17(a). Section 471.59 provides
the legal basis for governmental units such as MPCA and Hennepin County
to enter into a cooperative agreement. Section 473.811 provides the
seven Metro Counties (including Hennepin) authority to inspect waste
facilities for enforcement purposes.

G. Where Are the Revised State Rules Different From the Federal Rules?

    In the changes currently being made to Minnesota's program, there
are no revisions of State regulations.

H. Who Handles Permits After the Authorization Takes Effect?

    Minnesota will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to implement and issue permits for HSWA requirements for which
Minnesota is not yet authorized. EPA or Minnesota may enforce
compliance with those permits. There are no new permits, or alterations
to existing permits created by the JPA.

I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Minnesota?

    Minnesota is not authorized to carry out its hazardous waste
program in Indian country, as defined in 18 U.S.C. 1151. This includes:
    1. All lands within the exterior boundaries of Indian Reservations
within or abutting the State of Minnesota, including:
    a. Bois Forte Indian Reservation.
    b. Fond Du Lac Indian Reservation.
    c. Grand Portage Indian Reservation.
    d. Leech Lake Indian Reservation.
    e. Lower Sioux Indian Reservation.
    f. Mille Lacs Indian Reservation.
    g. Prairie Island Indian Reservation.
    h. Red Lake Indian Reservation.
    i. Shakopee Mdewankanton Indian Reservation.
    j. Upper Sioux Indian Reservation.
    k. White Earth Indian Reservation.
    2. Any land held in trust by the U.S. for an Indian tribe, and
    3. Any other land, whether on or off a reservation that qualifies
as Indian country.
    Therefore, this action has no effect on Indian country. EPA will
continue to implement and administer the RCRA program in these lands.

J. Administrative Requirements

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This action also does not
have Tribal implications within the meaning of Executive Order 13175
(65 FR 67249, November 9, 2000). This action will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866. This action does not
include environmental justice issues that require consideration under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    Under RCRA section 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law

for EPA, when it reviews a State authorization application, to require
the use of any particular voluntary consensus standard in place of
another standard that otherwise satisfies the requirements of RCRA.
Thus, the requirements of Section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. As
required by Section 3 of Executive Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995, (44 U.S.C. 3501
et seq.).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians--lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 13, 2008.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E8-16022 Filed 7-11-08; 8:45 am]

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