73964 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

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 safety 

zone and is therefore categorically 

excluded under paragraph 34(g) of the 

Instruction. 

A final environmental analysis check 

list and 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; 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. A new temporary § 165.T09–1043 is 

added as follows: 

§ 165.T09–1043 Safety Zone; Bridge 

Demolition, Illinois River, Seneca, Illinois. 

(a) Location. The safety zone will 

encompass all U.S. navigable waters of 

the Illinois River in the vicinity of the 

Seneca Highway Bridge between Mile 

Marker 252.5 and Mile Marker 253.0 of 

the Illinois River in Seneca, IL. 

[DATUM: NAD 83]. 

(b) Effective period. This regulation is 

effective from 6 a.m. on November 18, 

2010 until 6 a.m. on December 11, 2010. 

This regulation will be enforced from 6 

a.m. on November 18, 2010 until 6 a.m. 

on November 19, 2010 and then again 

from 6 a.m. on December 2, 2010 until 

6 a.m. on December 11, 2010. The 

Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative may suspend and restart 

the enforcement of the safety zone 

during the effective period at any time. 

(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 on land 

in the vicinity of the safety zone and 

will have constant communications 

with the involved safety vessels which 

will be provided by the contracting 

company and the Illinois Department of 

Transportation. 

(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 15, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–30142 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–2010–1044] 

RIN 1625–AA00 

Safety Zone; USS Fort Worth Launch, 

Marinette, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Menominee River in Marinette, 

Wisconsin. This zone is intended to 

restrict vessels from a portion of 

Menominee River during the launching 

of the USS Fort Worth on December 4, 

2010. This temporary safety zone is 

necessary to protect spectators and 

vessels from the hazards associated with 

the launching of this extremely large 

ship. 

DATES: 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. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1044 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2010–1044 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 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, contact or e-mail BM1 Adam Kraft, 

U.S. Coast Guard Sector Lake Michigan, 

at 414–747–7154 or 

Adam.D.Kraft@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 


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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73965 

(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 the 

final details for this event were not 

received by the Coast Guard with 

sufficient time to allow for a public 

comment period. Given the hazards 

associated with this ship launching, 

delaying this rule to provide for public 

comment would be contrary to the 

public interest. 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 

to provide a 30-day notice period is 

contrary to the public interest due to the 

hazards associated with a ship 

launching. 

Background and Purpose 

This temporary safety zone is 

necessary to protect vessels from the 

hazards associated with the launching 

of the USS Fort Worth in Marinette, WI. 

The Captain of the Port, Sector Lake 

Michigan, has determined that the 

launching of the USS Fort Worth does 

pose significant risks to public safety 

and property. As such, this safety zone 

is necessary to prevent injury to persons 

and damage to property. 

Discussion of Rule 

This temporary safety zone will 

encompass 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). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative. The Captain of the Port, 

Sector Lake Michigan, or his or her onscene 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. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zones’ activation. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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 might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of Menominee River between 

8 a.m. and 2 p.m. on December 4, 2010. 

This temporary safety zone will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: Vessel traffic 

should be minimal given the location 

and the time of year that this event is 

occurring. Furthermore, this safety zone 

will only be in effect for six hours. In 

the event that this temporary safety zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of The Port, Sector Lake 

Michigan, to transit through the safety 

zone. The Coast Guard will give notice 

to the public via a Broadcast 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 offered to assist small entities in 

understanding the rule so that they 

could 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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect 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. 


jdjones on DSK8KYBLC1PROD with RULES
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 


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