73966 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

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 concern 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 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 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 the establishment of a 

temporary safety zone that will be in 

place for only six hours. Therefore 

paragraph (34)(g) of the Instruction 

applies. 

An environmental analysis checklist 

and a categorical exclusion 

determination are 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. 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, and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T09–1044 is 

added as follows 

§ 165.T09–1044 Safety Zone; USS Fort 

Worth Launch, Marinette, Wisconsin. 

(a) Location. All waters of the 

Menominee River, in the vicinity of 

Marinette Marine Corporation, between 

the Bridge Street Bridge located in 

position 45°06′12′′ N, 087°37′34′′ W and 

a line crossing the river perpendicularly 

passing through position 45°05′57′′ N, 

087°36′43′′ W, in the vicinity of the 

Ansul Company. (DATUM: NAD 83). 

(b) Effective period. This rule is 

effective from 8 a.m. to 2 p.m. on 

December 4, 2010. This rule will be 

enforced from 8 a.m. to 2 p.m. on 

December 4, 2010. The Captain of the 

Port, Sector Lake Michigan, or his or her 

on-scene representative may terminate 

this event at anytime. 

(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, Sector Lake Michigan, or his or her 

on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. 

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

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The on-scene 

representative of the Captain of the Port, 

Sector Lake Michigan, will be aboard 

either a Coast Guard or Coast Guard 

Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative may be contacted via 

VHF Channel 16. 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, Sector Lake Michigan, or his 

or her on-scene representative. 

Dated: November 19, 2010. 

S.R. Schenk, 

Commander, U.S. Coast Guard, Captain of 

the Port, Sector Lake Michigan, Acting. 

[FR Doc. 2010–30137 Filed 11–29–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1027] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73967 

Marker 296.7 daily from 7 a.m. to 11 

a.m. and from 1 p.m. to 5 p.m. on 

December 6, 2010 through December 11, 

2010 and from December 13, 2010 

through December 18, 2010. This 

enforcement action will then occur 

again from 7 a.m. on December 20, 2010 

through 5 p.m. on December 23, 2010. 

This action is necessary to protect the 

waterways, waterway users, and vessels 

from hazards associated with the U.S. 

Army Corps of Engineers’ startup testing 

of the new dispersal barrier IIB, which 

will help control the spread of aquatic 

nuisance species that have the potential 

of devastating the waters of the Great 

Lakes. 

During the enforcement period, entry 

into, transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.T09–0166 will be enforced from 

7 a.m. on December 6, 2010 through 

5 p.m. on December 23, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045, 

e-mail address 

Timothy.M.Cummins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.T09–0166, on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 daily from 7 a.m. to 

11 a.m. and from 1 p.m. to 5 p.m. on 

December 6, 2010 through December 11, 

2010 and from December 13, 2010 

through December 18, 2010. This 

enforcement action will then occur 

again from 7 a.m. on December 20, 2010 

through 5 p.m. on December 23, 2010. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers’ dispersal 

barrier IIB startup testing poses risks to 

life and property. The combination of 

vessel traffic and electric current in the 

water makes the control of vessels 

through the impacted portion of the 

Chicago Sanitary and Ship Canal 

necessary to prevent injury and property 

loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.T09–0166 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Captain of the 

Port, Sector Lake Michigan, will also 

provide notice through other means, 

which may include but are not limited 

to Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Sector Lake 

Michigan, may notify representatives 

from the maritime industry through 

telephonic and e-mail notifications. 

Dated: November 17, 2010. 

S.R. Schenk, 

Commander, U.S. Coast Guard, Captain of 

the Port, Sector Lake Michigan, Acting. 

[FR Doc. 2010–30148 Filed 11–29–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2010–0771; FRL–9233–4] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, State of 

Delaware; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator (HMIWI) Units, 

Negative Declaration and Withdrawal 

of EPA Plan Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State of 

Delaware’s negative declaration and 

request for EPA withdrawal of its 

section 111(d)/129 plan (the plan) 

approval for HMIWI units. 

DATES: This rule is effective January 31, 

2011 without further notice, unless EPA 

receives adverse written comment by 

December 30, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0771 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0771, 

Walter K. Wilkie, Associate Director, Air 

Protection Division, Office of Air 

Monitoring and Analysis, Mailcode 

3AP40, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0771. 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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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. 


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