Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 21637 

Cass Street Drawbridge, across the 

Illinois Waterway, mile 288.1, at Joliet, 

Illinois to remain in the closed-tonavigation position for three hours 

while an 8K run is held in the city of 

Joliet, IL. The Cass Street Drawbridge 

currently operates in accordance with 

33 CFR 117.393(c), which states the 

general requirement that drawbridges 

shall open promptly and fully for the 

passage of vessels when a request to 

open is given in accordance with the 

subpart, except that they need not open 

from 7:30 a.m. to 8:30 a.m. and from 

4:15 to 5:15 p.m., Monday through 

Saturday. 

There are no alternate routes for 

vessels transiting this section of the 

Illinois Waterway. 

The Cass Street Drawbridge, in the 

closed-to-navigation position, provides 

a vertical clearance of 16.6 feet above 

normal pool. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with waterway users. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 7, 2011. 

Eric A. Washburn, 

Bridge Administrator. 

[FR Doc. 2011–9257 Filed 4–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0165] 

RIN 1625–AA00 

Safety Zone; Ford Estate Wedding 

Fireworks, Lake St. Clair, Grosse 

Pointe Shores, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake St. Clair, Grosse Pointe Shores, MI. 

This zone is intended to restrict vessels 

from a portion of Lake St. Clair River 

during the Ford Estate Wedding 

Fireworks. 

DATES: This rule is effective and 

enforced, at dusk, from approximately 

8:30 p.m. through 9:30 p.m. on June 4, 

2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0165 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0165 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Katie Stanko, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone (313) 568–9508, 

e-mail Katie.R.Stanko@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because waiting 

for a notice and comment period to run 

would be impracticable and contrary to 

the public interest because it would 

inhibit the Coast Guard’s ability to 

protect the public from the hazards 

associated with maritime fireworks 

displays. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because it 

would inhibit the Coast Guard from 

ensuring the safety of vessels and the 

public during the fireworks display. 

Background and Purpose 

On June 4, 2011, a private party is 

holding a land based wedding that will 

include fireworks launched from a point 

on Lake St. Clair. This temporary safety 

zone is necessary to ensure the safety of 

vessels and spectators from hazards 

associated with that fireworks display. 

Such hazards include obstructions to 

the waterway that may cause marine 

casualties, explosive danger of 

fireworks, debris falling into the water 

that may cause death, serious bodily 

harm or property damage. Establishing a 

safety zone to control vessel movement 

around the location of the launch 

platform will help ensure the safety of 

persons and property in the vicinity of 

this event and help minimize the 

associated risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading, and 

launching of the Ford Estate Wedding 

Fireworks Display. The fireworks 

display will occur between 8:30 p.m. 

and 9:30 p.m., June 4, 2011. 

The safety zone will encompass all 

waters on Lake St. Clair within a 420 

foot radius of the fireworks barge launch 

site located off the shore of Grosse 

Pointe Shores, MI at position 

42°27′15.06′′ N, 082°51′59.01′′ W from 

8:30 p.m. until 9:30 p.m. on June 4, 

2011. All geographic coordinates are 

North American Datum of 1983 (NAD 

83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene patrol personnel. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit or his designated on-scene 

representative. The Captain of the Port 

or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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. 

Regulatory Planning and Review 

This 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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We conclude that this rule is not a 

significant regulatory action because we 


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21638 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone around the launch platform will be 

relatively small and exist for only a 

minimal time. Thus, restrictions on 

vessel movement within any particular 

area of Lake St. Clair are expected to be 

minimal. Under certain conditions, 

moreover, vessels may still transit 

through the safety zone when permitted 

by the Captain of the Port. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

this portion of Lake St. Clair between 

8:30 p.m. through 9:30 p.m. on June 4, 

2011. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because vessels can easily transit 

around the zone. The Coast Guard will 

give notice to the public via a Broadcast 

Notice to Mariners that the regulation is 

in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This rule calls 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 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 (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. 

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. 

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. 

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. 

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. 

Energy Effects 

We have analyzed this 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g) of the Instruction because it 

involves the establishment of a 


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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 21639 

temporary safety zone. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

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 amends 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. 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add section § 165.T09–0165 to read 

as follows: 

§ 165.T09–0165 Safety zone; Ford Estate 

Wedding Fireworks, Lake St. Clair, Grosse 

Pointe Shores, MI. 

(a) Location. The safety zone will 

encompass all U.S. navigable waters on 

Lake St. Clair within a 420 foot radius 

of the fireworks barge launch site 

located off the shore of Grosse Pointe 

Shores, MI at position 42°27′15.06′′ N., 

082°51′59.01′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Effective and Enforcement Period. 

This rule is effective and will be 

enforced from 8:30 p.m. (local) through 

9:30 p.m. on June 4, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in Section 

165.23 of this part, entry into, transiting, 

or anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. 

(5) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port or his 

on-scene representative. 

Dated: April 5, 2011. 

J.E. Ogden, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2011–9256 Filed 4–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0909; FRL–9294–9] 

Finding of Substantial Inadequacy of 

Implementation Plan; Call for Utah 

State Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to sections 

110(a)(2)(H) and 110(k)(5) of the Clean 

Air Act (CAA), EPA is finding that the 

Utah State Implementation Plan (SIP) is 

substantially inadequate to attain or 

maintain the national ambient air 

quality standards (NAAQS) or to 

otherwise comply with the requirements 

of the CAA and issuing a call for the 

State of Utah to revise its SIP. 

Specifically, the SIP includes Utah’s 

unavoidable breakdown rule (rule 

R307–107), which exempts emissions 

during unavoidable breakdowns from 

compliance with emission limitations. 

This rule undermines EPA’s, Utah’s, 

and citizens’ ability to enforce emission 

limitations that have been relied on to 

ensure attainment or maintenance of the 

NAAQS or meet other CAA 

requirements. EPA is requiring that the 

State revise the SIP to remove R307–107 

or correct its deficiencies and submit 

the revised SIP to EPA within 18 

months of the effective date of this final 

rule. If EPA finds that Utah has failed 

to submit a complete SIP revision as 

required by this final rule or if EPA 

disapproves such a revision, such a 

finding or disapproval will trigger 

clocks for mandatory sanctions and an 

obligation for EPA to impose a Federal 

Implementation Plan (FIP). If EPA 

makes such a finding or disapproval, 

mandatory sanctions will apply such 

that the offset sanction would apply 18 

months after such finding or 

disapproval and highway funding 

restrictions would apply six months 

later unless EPA takes action to stay the 

imposition of the sanctions or to stop 

the sanctions clock based on the State 

curing the SIP deficiencies. 

In its proposed rulemaking action, 

EPA requested comment on whether it 

should exercise its discretionary 

authority under CAA section 110(m) to 

impose the highway funding restrictions 

sanctions in areas of the State that 

would not be subject to mandatory 

sanctions. EPA is deferring a decision 

on whether to impose sanctions under 

section 110(m) and will consider any 

comments on the issue of imposing 

sanctions under section 110(m) if and 

when we take final action on this issue 

in the future. 

DATES: Effective Date: This final rule is 

effective May 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2010–0909. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov, or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Vanessa Hinkle, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6561, or 

hinkle.vanessa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 


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