[Federal Register: December 2, 2009 (Volume 74, Number 230)]
[Notices]
[Page 63170]
[DOCID:fr02de09-62]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2009-0142]

Reports, Forms, and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Request for public comment.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and the expected
burden.

DATES: Comments must be submitted on or before February 1, 2010.

ADDRESSES: Direct all written comments to the U.S. Department of
Transportation Dockets, 1200 New Jersey Ave., SE., W46-474, Washington,
DC 20590. Docket No. NHTSA-2009-0142.

FOR FURTHER INFORMATION CONTACT: Scott Roberts, Ph.D., Contracting
Officer's Technical Representative, Office of Behavioral Safety
Research (NTI-132), National Highway Traffic Safety Administration,
1200 New Jersey Ave., SE., W46-495, Washington, DC 20590. Dr. Roberts'
phone number is<PHONE_NUMBER> and his e-mail address is
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Focus Groups to Develop Strategic Messaging for Distracted
Driving Programs.
    Type of Request: Emergency clearance.
    Requested Expiration Date of Approval: 180 days from approval date.
    Abstract: The National Highway Traffic Safety Administration
(NHTSA) was established by the Highway Safety Act of 1970 (23 U.S.C.
101) to carry out a Congressional mandate to reduce the mounting number
of deaths, injuries, and economic losses resulting from motor vehicle
crashes on the Nation's highways. In support of this mission, NHTSA
proposes to conduct a limited number of focus group sessions with
members of the general public to test and refine its strategic
messaging.
    Affected Public: A maximum of 24 focus group sessions, lasting 90
minutes, will be held with nine participants in each session.
Participation by all respondents would be voluntary, and respondents
will receive $75 for their participation.
    Estimated Total Annual Burden: 324 hours.
    Comments are invited on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    A comment to OMB is most effective if OMB receives it within 30
days of publication.

    Authority: 44 U.S.C. Section 3506(c)(2)(A)

Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. E9-28838 Filed 12-1-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Proposed Rules]
[Pages 16683-16685]
[FR Doc No: 2021-06414]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0554; FRL-10021-57-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Emissions Statement Certification for the 2015 Ozone National
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision formally submitted
by the Delaware Department of Natural Resources and Environmental
Control (DNREC). Under the Clean Air Act (CAA), a state's SIP must
include an emission statement regulation that requires stationary
sources in ozone nonattainment areas classified as marginal or above to
report annual emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC). This SIP revision provides Delaware's
certification that its existing emissions statement program satisfies
the emissions statement requirements of the CAA for the 2015 ozone
national ambient air quality standard (NAAQS). EPA is proposing to
approve Delaware's emissions statement program certification for the
2015 ozone NAAQS as a SIP revision in accordance with the requirements
of the CAA.

DATES: Written comments must be received on or before April 30, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0554 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FUTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every five years in
order to consider updated information regarding the effects of the
criteria pollutants on human health and the environment. On July 18,
1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997
ozone NAAQS, of 0.08 ppm averaged over eight hours. 62 FR 38856. This
8-hour ozone NAAQS was determined to be more protective of public
health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR
16436 (March 27, 2008). In 2015, EPA further lowered the 8-hour ozone
NAAQS from 0.075 ppm to 0.070 ppm. The 0.070 ppm standard is referred
to as the 2015 ozone NAAQS. See 80 FR 65452 (October 26, 2015).
    On June 4, 2018 and July 25, 2018, EPA designated nonattainment
areas for the 2015 ozone NAAQS. 83 FR 25776 and 83 FR 35136. Effective
August 3, 2018 (83 FR 25776, June 4, 2018), New Castle County,
Delaware, was designated as marginal nonattainment for the 2015 ozone
NAAQS. New Castle County was designated as part of the Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 2015 ozone NAAQS nonattainment
area, which includes the following counties: New Castle in Delaware;
Cecil in Maryland; Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Mercer, Ocean, and Salem in New Jersey; and Bucks, Chester,
Delaware, Montgomery, and Philadelphia in Pennsylvania. See 40 CFR
81.308, 81.321, 81.331, and 81.339. Delaware's Kent and Sussex Counties
were designated as attainment areas for the same 2015 Ozone NAAQS. See
40 CFR 81.308.
    Section 182 of the CAA identifies plan submissions and requirements
for ozone nonattainment areas. Specifically, CAA section 182(a)(3)(B)
requires that states develop and submit, as a revision to their SIP,
rules which establish annual emission reporting requirements for
certain stationary sources. Sources that are within ozone nonattainment
areas must annually report the actual emissions of NOX and
VOC to the state. However, states may waive this requirement for
sources that emit under 25 tons per year (tpy) of NOX or VOC
if the state provides an inventory of emissions from such class or
category of sources as required by CAA sections 172 and 182. See CAA
section 182(a)(3)(B)(ii).
    EPA published guidance on source emissions statements in a July
1992 memorandum titled, ``Guidance on the Implementation of an Emission
Statement Program'' \1\ and in a March 14, 2006 memorandum titled,
``Emission Statement Requirements Under 8-hour Ozone NAAQS
Implementation'' (2006 memorandum).\2\ In addition, on December 6,
2018, EPA issued a final rule addressing a range of nonattainment area
SIP requirements for the 2015 ozone NAAQS, including the emission
statement requirements of CAA section 182(a)(3)(B) (2018 final rule).
83 FR 62998, codified at 40 CFR part 51, subpart CC. The 2006
memorandum clarified that the emissions statement requirement of CAA
section 182(a)(3)(B) was applicable to all areas designated
nonattainment

for the 1997 ozone NAAQS and classified as marginal or above under
subpart 2, part D, title I of the CAA. Per EPA's 2018 final rule, the
emissions statement requirement also applies to all areas designated
nonattainment for the 2015 ozone NAAQS. 83 FR 62998, 63023 (December 6,
2018).
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    \1\ July 1992 memorandum titled, ``Guidance on the
Implementation of an Emission Statement Program'' is available
online at https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf. Docket ID: EPA-R03-
QAR-2020-0554.
    \2\ March 14, 2006 memorandum titled, ``Emission Statement
Requirements Under 8-hour Ozone NAAQS Implementation'' is available
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-
0554.
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    According to the preamble to EPA's 2018 final rule, most areas that
are required to have an emissions statement program for the 2015 ozone
NAAQS already have one in place due to a nonattainment designation for
an earlier ozone NAAQS. 83 FR 62998, 63001 (December 6, 2018). EPA's
2018 final rule states that, ``Many air agencies already have
regulations in place to address certain nonattainment area planning
requirements due to nonattainment designations for a prior ozone NAAQS.
Air agencies should review any existing regulation that was previously
approved by the EPA to determine whether it is sufficient to fulfill
obligations triggered by the revised ozone NAAQS.'' Id. In cases where
an existing emissions statement rule is still adequate to meet the
emissions statement requirement under the 2015 ozone NAAQS, states may
provide the rationale for that determination to EPA in a written
statement for approval into the SIP to meet the requirements of CAA
section 182(a)(3)(B). 83 FR 62998, 63002 (December 6, 2018). In this
statement, states should identify how the emissions statement
requirements of CAA section 182(a)(3)(B) are met by their existing
emissions statement rule. Id. In summary, Delaware can submit, as a
formal revision to its SIP, a statement certifying that the State's
existing emissions statement program satisfies the requirements of CAA
section 182(a)(3)(B) and covers the State's portion of the
Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area
for the 2015 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On August 3, 2020, Delaware, through DNREC, submitted as a formal
SIP revision, a statement certifying that Delaware's existing SIP-
approved emissions statement program satisfies the emissions statements
requirements for the 2015 ozone NAAQS and is at least as stringent as
the requirements of CAA section 182(a)(3)(B). The provisions that
implement Delaware's emissions statements program are under 7 DE
Administrative Code 1117 Section 7.0 Emission Statement and were
approved by EPA into the Delaware SIP on April 29, 1996 (61 FR 7415,
February 28, 1996). See 40 CFR 52.420(c). Table 1 summarizes Delaware's
emissions statements provisions and the corresponding CAA section
182(a)(3)(B) requirements.

    Table 1--Delaware Emissions Statements Provisions and CAA Section
                        182(a)(3)(B) Requirements
------------------------------------------------------------------------
      CAA Section 182(a)(3)(B) \3\        7 DE Administrative Code 1117
              requirement                    Section 7.0 requirement
------------------------------------------------------------------------
182(a)(3)(B)(i)--For marginal            7 DE Admin Code 1117 Section
 nonattainment areas, the State shall     7.1--Emissions statements
 submit a SIP revision to require that    requirements apply to all
 the owner or operator of each            stationary sources located in
 stationary source of NOX or VOC          an ozone nonattainment area
 provide the State with a statement for   that emit NOX or VOC. This
 classes or categories of sources         would include marginal and
 showing the actual emissions of NOX      above non-attainment areas.
 and VOC from that source.
                                         7 DE Admin Code 1117 Section
                                          7.2--Emissions statements are
                                          required to include the
                                          following information: Source
                                          identification information,
                                          operating data, actual
                                          emissions data, control
                                          equipment information, and
                                          process rate information.
182(a)(3)(B)(i)--Emissions statements    7 DE Admin Code 1117 Section
 are required to be submitted annually.   7.3--subject sources must
                                          submit to DNREC their annual
                                          emissions statements by April
                                          30 for the preceding calendar
                                          year. DNREC may require more
                                          frequent emissions statements
                                          if required by EPA or if more
                                          frequent analysis of data is
                                          necessary to implement the
                                          requirements of Title 7,
                                          Chapter 60. Environmental
                                          Control of the Delaware Code
                                          (7 Del.C. Chapter 60).
182(a)(3)(B)(i)--Emissions statements    7 DE Admin Code 1117 Section
 shall contain a certification that the   7.2--Each emissions statement
 information contained in the statement   shall include a certification
 is accurate to the best knowledge of     of the data to ensure that the
 the individual certifying the            information contained in the
 statement.                               statement is accurate to the
                                          best knowledge of the
                                          individual certifying the
                                          statement, who shall be an
                                          official of the facility and
                                          will take legal responsibility
                                          for the emissions statement's
                                          accuracy.
182(a)(3)(B)(ii)--The State may waive    7 DE Admin Code 1117 Section
 the requirements for emissions           7.1--DNREC may, with EPA
 statements for any class or category     approval, waive the emissions
 of stationary sources which emit less    statements requirements for
 than 25 tpy of NOX or VOC if the State   classes or categories of
 provides an inventory of emissions       stationary sources with
 from such class or category of sources   facility-wide actual emissions
 as required by CAA section 172 and 182.  of less than 25 tpy of NOX or
                                          VOCs if the class or category
                                          is included in the base year
                                          and periodic ozone SIP
                                          emission inventories.
------------------------------------------------------------------------

    EPA's review of Delaware's submittal finds Delaware's existing,
SIP-approved emissions statement provisions under 7 DE Administrative
Code 1117 Section 7.0 satisfy the emission statement requirements of
CAA section 182(a)(3)(B) for stationary sources located in marginal or
above nonattainment areas in Delaware, including such sources in New
Castle County, for the 2015 ozone NAAQS. Pursuant to CAA section
182(a)(3)(B)(i), Delaware must require annual emissions statements from
stationary sources of NOX or VOC located in marginal
nonattainment areas. These emissions statements must be certified by an
official of the facility. As shown in Table 1, 7 DE Administrative Code
1117 Section 7.1 requires that all stationary sources of NOX
and VOC located in an ozone nonattainment area submit emissions
statements to DNREC, except for those with actual emissions of less
than 25 tpy of NOX or VOC as permitted by CAA section
182(a)(3)(B). EPA finds Section 7.1 satisfies the requirements of CAA
section 182(a)(3)(B)(i) as it requires

that stationary sources located in ozone nonattainment areas in the
State, including Delaware's marginal nonattainment areas for the 2008
ozone NAAQS, submit emission statements. In addition, 7 DE
Administrative Code 1117 Section 7.2 requires emissions statements be
certified by and official of the facility and Section 7.3 requires
emissions statements be submitted annually on April 30. EPA proposes to
determine that these provisions satisfy the requirements of CAA section
182(a)(3)(B)(i) for the 2015 ozone NAQQS as they require emissions
statements be certified and submitted annually.
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    \3\ Section 182 of the CAA sets out a graduated control program
for ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal ozone nonattainment areas, which are also
applicable by sections 182 (b), (c), (d), and (e) to all other ozone
nonattainment areas. See 2015 memorandum titled ``Emission Statement
Requirement Under 8-hour Ozone NAAQS Implementation,'' available
online at https://www.epa.gov/sites/production/files/2015-07/documents/8hourozone_naaqs_031406.pdf, Docket ID: EPA-R03-OAR-2020-
0554.
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    EPA also proposes to determine that Delaware's emissions thresholds
for stationary sources that are required to submit an emissions
statement meet the threshold requirements of CAA section
182(a)(3)(B)(ii). As discussed previously, pursuant to CAA section
182(a)(3)(B)(ii), states may waive emissions statements requirements
for classes or categories of stationary sources that emit less than 25
tpy of NOX or VOC if the state provides an inventory of
emissions from such classes or categories of sources as required by CAA
section 172 and 182. As shown in Table 1, 7 DE Administrative Code 1117
Section 7.1 waives, with EPA approval, the requirement for emissions
statements for classes or categories of stationary sources with
facility-wide actual emissions of less than 25 tpy of NOX or
VOC if the class or category is included in the base year and periodic
ozone emission inventories. Delaware does provide emissions inventories
that include stationary sources in nonattainment areas that emit less
than 25 tpy of NOX or VOC, as required by CAA sections
172(c)(3) and 182(b)(3)(B)(ii). Therefore, EPA finds the emissions
thresholds of 7 DE Administrative Code 1117 Section 7.1 are consistent
with CAA section 182(a)(3)(B)(ii).
    EPA has determined that the SIP-approved provisions under 7 DE
Administrative Code 1117 Section 7.0 satisfy the requirements of CAA
section 182(a)(3)(B) for the 2015 ozone NAAQS. Therefore, EPA is
proposing to approve, as a SIP revision, the State of Delaware's,
August 3, 2020 emissions statements certification for the 2015 ozone
NAAQS as approvable under CAA section 182(a)(3)(B).

III. Proposed Action

    EPA is proposing to approve, as a SIP revision, the State of
Delaware's August 3, 2020 emissions statements certification for the
2015 ozone NAAQS as approvable under CAA section 182(a)(3)(B).
Delaware's emissions statements certification certifies that Delaware's
existing SIP-approved emissions statements program under 7 DE
Administrative Code 1117 Section 7.0 satisfies the requirements of CAA
section 182(a)(3)(B) for the 2015 ozone NAAQS. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the EPA Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, in which EPA is proposing
approval of Delaware's certification that its existing emission
statement program satisfies the emission statement requirements of the
CAA for the 2015 ozone NAAQS, does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 24, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-06414 Filed 3-30-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Proposed Rules]
[Page 17926-17928]
[DOCID:fr20ap09-16]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0103]
RIN 1625-AA00

Safety Zone; Sea World 4th of July Fireworks Display; Mission
Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a safety zone on the
navigable waters of Mission Bay in support of the Sea World 4th of July
Fireworks Display. This safety zone is necessary to provide for the
safety of crew, spectators, and other users and vessels of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before May 20, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0103 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Petty Officer Shane Jackson, USCG, Waterways Management,
U.S. Coast Guard Sector San Diego at<PHONE_NUMBER>. 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0103), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand delivery, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0103'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0103 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either 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; or the U.S. Coast Guard
Sector San Diego, 2710 N. Harbor Dr., San Diego, CA 92101 between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Fireworks & Stage FX Inc. is sponsoring the Sea World 4th of July
Fireworks Display, which will include a fireworks presentation
originating from a land based firing site located at approximately
32[deg]46'17.20'' N, 117[deg]13'24.72'' W. The safety zone will
encompass all navigable waters within 800 feet of the firing site. This
safety zone is necessary to provide for the safety of the crew,
spectators, and other users and vessels of the waterway.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone that will be
enforced from 8 p.m. to 9:45 p.m. on July 3, 2009, thru July 5, 2009.
This safety zone is necessary to provide for the safety of the crew,
spectators, and other users and vessels of the waterway. Persons and
vessels will be prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port or his designated representative. The limits of the safety
zone include all navigable waters within 800 feet of the firing site
located at approximately 32[deg]46'17.20'' N, 117[deg]13'24.72'' W.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. This determination is
based on the size and location of the safety zone. Commercial vessels
will not be hindered by the safety zone. Recreational vessels will not
be allowed to transit through the established safety zone during the
specified times unless authorized to do so by the Captain of the Port
or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of Mission Bay from 8 p.m.
to 9:45 p.m. on July 3, 2009, thru July 5, 2009.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect late in the evening when vessel traffic is low.
Vessel traffic could pass safely around the safety zone. Before the
effective period, the Coast Guard will publish a local notice to
mariners (LNM) and will issue a broadcast notice to mariners (BNM)
alerts via marine channel 16 VHF before the safety zone is enforced.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Petty Officer Shane Jackson,
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619)
278-7262. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

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

Civil Justice Reform

    This proposed 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.

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 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 made a preliminary determination under the Instruction that this
action is one of a category of actions which do not individually or
cumulatively have a significant effect on the human environment. A
preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This rule involves the establishment of a safety zone around
a pyrotechnics firing site. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1226, 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
    2. Add a new temporary zone Sec.  165.T11-168 to read as follows:

Sec.  165.T11-168  Safety Zone; Sea World 4th of July Fireworks
Display; Mission Bay, San Diego, California.

    (a) Location. The limits of the safety zone are all the navigable
waters within 800 feet of the firing site located at approximately
32[deg]46'17.20'' N, 117[deg]13'24.72'' W.
    (b) Enforcement Period. This section will be enforced from 8 p.m.
to 9:45 p.m. on July 3, 2009 thru July 5, 2009. If the event concludes
prior to the scheduled termination time, the Captain of the Port will
cease enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: March 31, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-9001 Filed 4-17-09; 8:45 am]

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