21636 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

aggregate, or by the private sector of 

$100,000,000 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)(f), of the Instruction, because it 

involves disestablishing a special 

anchorage area. Under figure 2–1, 

paragraph (34)(f), of the Instruction, an 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 110.72d to read as follows: 

§ 110.72d Ashley River, SC. 

All waters on the southwest portion of 

the Ashley River encompassed within 

the following points: beginning at 

32°46′42.7′′ N, 79°57′19.3′′ W; thence 

southwest to 32°46′38.0′′ N, 79°57′24.0′′ 

W; thence southeast to 32°46′32.0′′ N, 

79°57′15.5′′ W; thence southeast to 

32°46′29.0′′ N, 79°57’00.9′′ W; thence 

back to origin following the southwest 

boundary of the Ashley River Channel. 

All coordinates are North American 

Datum 1983. 

Dated: March 10, 2011. 

William D. Baumgartner, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2011–9255 Filed 4–15–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2011–0243] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Illinois Waterway, Joliet, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Cass 

Street Drawbridge across the Illinois 

Waterway, mile 288.1, at Joliet, Illinois. 

The deviation is necessary to allow 

participants in an 8K run to cross the 

bridge. This deviation allows the bridge 

to be maintained in the closed-tonavigation position for three hours. 

DATES: This deviation is effective from 

8:30 a.m. to 11:30 a.m. on May 14, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0243 and are available online by going 

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

USCG–2011–0243 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 rule, call or 

e-mail Eric A. Washburn, Bridge 

Administrator, Coast Guard; telephone 

(314) 269–2378, e-mail 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

Illinois Department of Transportation 

requested a temporary deviation for the 


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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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