72952 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

Original 

amendment 

submission date 

Date of final 

publication Citation/description 

*******

January 22, 

2009.

November 29, 

2010.

OAC 1513–3–01; 3–02(B); 3–02(D)(4); 3–02(H)–(I)(1); 3–03(C); 3–04(B)(7); 3–04(H); 3–08(F); 3–09(B)–(C); 

3–10(C); 3–11(A)(4); 3–11(C); 3–11(E)–(G); 3–12(A)–(C); 3–13(C)(2)–(3); 3–14(A)(2)–(4); 3–16(E)(2); 3– 

16(F)(2); 3–16(G); 3–16(I); 3–18(F); 3–19(A); 3–19(F); 3–19(I). 

[FR Doc. 2010–29916 Filed 11–26–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0979] 

RIN 1625–AA00 

Safety Zone; 1000-yard radius from 

position 29≥48.77′ N 091≥33.02′ W, 

Charenton Drainage and Navigation 

Canal, St. Mary Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

extending to a 1000-yard radius from 

position 29°48.77′ N 091°33.02′ W, 

Charenton Drainage and Navigation 

Canal, St. Mary Parish, LA. This Safety 

Zone is needed to protect the general 

public, vessels and tows from 

destruction, loss or injury due to a 

sunken vessel and associated hazards. 

DATES: This rule is effective in the CFR 

on November 29, 2010 through 

December 31, 2010. This rule is effective 

with actual notice for purposes of 

enforcement on October 20, 2010. This 

rule will remain in effect until 

December 31, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0979 and are available online by going 

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

USCG–2010–0979 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 Lieutenant (LT) 

Russel Pickering, Coast Guard; 

telephone 985–380–5320, e-mail 

russel.t.pickering@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 

publishing an NPRM would be 

impracticable, as immediate action is 

needed to protect the general public, 

vessel and tows from a sunken vessel 

and associated hazards in position 

29°48.77′ N 091°33.02′ W, in the 

Charenton Drainage and Navigation 

Canal. 

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. Publishing an NPRM and 

delaying its effective date would be 

contrary to public interest since 

immediate action is needed to protect 

the general public, vessel and tows from 

destruction, loss or injury due to sunken 

vessel and associated hazards in 

position 29°48.77′ N 091°33.02′ W. 

Background and Purpose 

A Mobile Inshore Drilling Rig 

(Hercules Rig 61) scheduled for scrap 

sank in the Charenton Navigation and 

Drainage Canal. The Charenton 

Navigation and Drainage Canal will be 

closed to all marine traffic within a 

1000-yard radius of position 29°48.77′ N 

091°33, from 20 OCT, 2010 through 31 

DEC, 2010. This Safety Zone is needed 

to protect the general public, vessels 

and tows from destruction, loss or 

injury from a sunken vessel and 

associated hazards. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary Safety Zone in a 1000-yard 

radius of position 29°48.77′ N 

091°33.02′ W within the Charenton 

Drainage and Navigation Canal. The 

temporary Safety Zone will continue 

from October 20, 2010 through 

December 31, 2010. Vessels and tows 

may not enter this zone unless 

authorized by the Captain of the Port 

Morgan City. 

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. 

This rule will only be in effect for a 

short period of time and notifications to 

the marine community will be made 

through broadcast notice to mariners 

and Local Notice to Mariners. The 

impacts on routine navigation are 

expected to be minimal. 

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 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72953 

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 or operators of 

vessels intending to transit through the 

Safety Zone from October 20, 2010 

through December 31, 2010. This Safety 

Zone will not have a significant 

economic impact on a substantial 

number of small entities because this 

rule will be in effect for only a short 

period of time. 

If you are a small business entity and 

are significantly affected by this 

regulation, please contact LT Russel 

Pickering, Marine Safety Unit Morgan 

City, at 985–380–5320. 

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 or more (adjusted for 

inflation) 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 which 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. This rule 

involves an emergency situation and 

will be in effect for over one week, but 

is not expected to result in any 

significant adverse environmental 

impact as described in NEPA. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be provided and 

made available at the docket as 

indicated in the ADDRESSES section. 

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: 

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72954 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 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 § 165.T08–0979 to read as 

follows: 

§ 165.T08–0979 Safety Zone; 1000 yard 

radius from position 29≥48.77′ N 091≥33.02′ 

W, Charenton Drainage and Navigation 

Canal, St. Mary Parish, LA. 

(a) Enforcement Areas. The safety 

zone exists in an area comprising a 1000 

yard radius from position 29°48.77′ N 

091°33.02′ W, Charenton Drainage and 

Navigation Canal. 

(b) Effective date. This rule is effective 

on October 20, 2010 through December 

31, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Morgan City. 

(2) Vessels requiring entry into or 

passage through the Safety Zone must 

request permission from the Captain of 

the Port Morgan City, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (985) 380–5320. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Morgan City and 

designated on-scene patrol personnel. 

On-scene patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: October 20, 2010. 

Blake E. Welborn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Morgan City, Louisiana. 

[FR Doc. 2010–29878 Filed 11–26–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0656; FRL–9232–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio Portion of the CincinnatiHamilton Area; 8-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the maintenance plan for the Ohio 

portion of the Cincinnati-Hamilton, 

OH–KY–IN 8-hour ozone area. The 

Cincinnati-Hamilton area includes 

Butler, Clermont, Clinton, Hamilton, 

and Warren Counties in Ohio, 

Lawrenceburg Township in Dearborn 

County, Indiana, and Boone, Campbell, 

and Kenton Counties in Kentucky. The 

Ohio Environmental Protection Agency 

(Ohio EPA) submitted a maintenance 

plan revision on July 6, 2010. The 

submittal contained revisions to 2015 

and 2020 NOX point source emissions 

projections for Butler County to reflect 

modifications at a major source that will 

occur during the maintenance period. 

DATES: This direct final rule will be 

effective January 28, 2011, unless EPA 

receives adverse comments by 

December 29, 2010. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0656, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0656. 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 

whose 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, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose 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 at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Kathleen D’Agostino, 

Environmental Engineer, at (312) 886– 

1767 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What revisions are being made to the 

maintenance plan? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

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