30710 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 

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. We did 

not receive any comments for this 

section. 

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. We did not receive any 

comments for this section. 

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. This rule 

involves the establishment of a safety 

zone. 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(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.T09–0174 to read as 

follows: 

§ 165.T09–0174 Safety Zone; Red Bull Air 

Race, Detroit River, Detroit, MI. 

(a) Location. The following area is a 

temporary safety zone: All U.S. waters 

of the Detroit River, Detroit, MI, bound 

by a line extending from a point on land 

southwest of Joe Louis Arena at position 

42°19.4′ N; 083°3.3′ W, northeast along 

the Detroit shoreline to a point on land 

at position 42°20.0′ N; 083°1.2′ W, 

southeast to the international border 

with Canada at position 42°19.8′ N 

083°1.0′ W, southwest along the 

international border to position 42°19.2′ 

N; 083°3.3′ W, and northwest to the 

point of origin at position 42°19.4′ N; 

083°3.3′ W. (DATUM: NAD 83). 

(b) Effective Period. This regulation is 

effective from 9 a.m. on June 3, 2010 

through 6:30 p.m. on June 6, 2010. The 

safety zone will be enforced daily from 

9 a.m. to 6:30 p.m. on June 3, 2010 

through June 6, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in § 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. 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: May 7, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2010–13118 Filed 6–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2009–0731; FRL–9157–9 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Particulate Matter 

Standards; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the April 8, 2010 (75 FR 17865), direct 

final rule approving Wisconsin’s update 

to its state ambient air quality standards. 

The updates were made to the 

particulate matter standards by adding 

fine particulate standards and revoking 

the state’s course particulate standards. 

The State of Wisconsin submitted this 

revision as a modification to the State 

Implementation Plan on September 11, 

2009. In the direct final rule, EPA stated 

that if adverse comments were 

submitted by May 10, 2010, the rule 

would be withdrawn and not take effect. 

On May 7, 2010, EPA received a 

comment. EPA believes this comment is 

adverse and, therefore, EPA is 

withdrawing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on April 

8, 2010 (75 FR 17894). EPA will not 

institute a second comment period on 

this action. 

DATES: The direct final rule published at 

75 FR 17865 on April 8, 2010, is 

withdrawn as of June 2, 2010. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 30711 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 14, 2010. 

Walter W. Kovalick, 

Acting Regional Administrator, Region 5. 

PART 52—[AMENDED] 

■ Accordingly, the amendment to 40 

CFR 52.2570 published in the Federal 

Register on April 8, 2010 (75 FR 17865) 

on pages 17867–17868 is withdrawn as 

of June 2, 2010. 

[FR Doc. 2010–13175 Filed 6–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Parts 1002, 1011, 1152, and 

1180 

[STB Ex Parte No. 685] 

Removal of Delegations of Authority to 

Secretary 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Correcting amendments. 

SUMMARY: The Surface Transportation 

Board (Board or STB) published final 

rules in this proceeding on October 15, 

2009, in the Federal Register. The rule 

amended STB regulations by 

eliminating the Secretary of the Board 

and reassigning the delegations of 

authority from the Secretary to other 

Offices of the Board. As published, the 

final regulations contained errors where 

information was inadvertently added, 

deleted, or duplicated. This document 

sets forth corrections to the final 

regulations to eliminate confusion in 

interpretation of the regulations. 

DATES: Effective on June 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia T. Brown at (202) 245–0350. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339.] 

SUPPLEMENTARY INFORMATION: The 

regulations at 49 CFR 1002.1, 1011.7, 

1152.21, 1152.27, and 1180.4, include 

erroneous sections that should be 

replaced with the amendments set forth 

in this document. The Surface 

Transportation Board (Board or STB) 

published final rules in this proceeding 

on October 15, 2009, in the Federal 

Register, at 74 FR 52900. 

List of Subjects 

49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, and 

Freedom of information. 

49 CFR Part 1011 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), and 

Organization and functions 

(Government agencies). 

49 CFR Part 1152 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements, and 

Uniform system of accounts. 

49 CFR Part 1180 

Administrative practice and 

procedure, Railroads, and Reporting and 

recordkeeping requirements. 

Dated: May 26, 2010. 

Andrea Pope-Matheson, 

Clearance Clerk. 

■ Accordingly, 49 CFR parts 1002, 1011, 

1152, and 1180 are corrected by making 

the following correcting amendments: 

PART 1002—FEES 

■ 1. The authority citation for part 1002 

continues to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A) and 553; 

31 U.S.C. 9701; and 49 U.S.C. 721. Section 

1002.1(g)(11) also issued under 5 U.S.C. 5514 

and 31 U.S.C. 3717. 

■ 2. Revise § 1002.1(f)(1) to read as 

follows: 

§ 1002.1 Fees for records search, review, 

copying, certification, and related services. 

* * * * * 

(f) The fee for search and copying 

services requiring computer processing 

are as follows: 

(1) A fee of $70.00 per hour for 

professional staff time will be charged 

when it is required to fulfill a request 

for computer data. 

* * * * * 

PART 1011—BOARD ORGANIZATION; 

DELEGATIONS OF AUTHORITY 

■ 3. The authority citation for part 1011 

continues to read as follows: 

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49 

U.S.C. 701, 721, 11123, 11124, 11144, 14122, 

and 15722. 

■ 4. Revise § 1011.7 to read as follows: 

§ 1011.7 Delegations of authority by the 

Board to specific offices of the Board. 

(a) Office of Proceedings. (1) The 

Director of the Office of Proceedings is 

delegated the following authority: 

(i) Whether (in consultation with 

involved Offices) to waive filing fees set 

forth at 49 CFR 1002.2(f). 

(ii) To issue, on written request, 

informal opinions and interpretations 

(exclusive of informal opinions and 

interpretations on carrier tariff 

provisions), which are not binding on 

the Board. In issuing informal opinions 

or interpretations, the Director of the 

Office of Proceedings shall consult with 

the Directors of the appropriate Board 

offices. Such requests must be directed 

to the Director of the Office of 

Proceedings, Surface Transportation 

Board, Washington, DC 20423–0001. 

Authority to issue informal opinions 

and interpretations on carrier tariff 

provisions is delegated at paragraph 

(b)(2) of this section to the Office of 

Public Assistance, Governmental 

Affairs, and Compliance. 

(2) In addition to the authority 

delegated at 49 CFR 1011.6(c)(3), (d), (g), 

and (h), the Director of the Office of 

Proceedings shall have authority 

initially to determine the following: 

(i) Whether to designate abandonment 

proceedings for oral hearings on request. 

(ii) Whether offers of financial 

assistance satisfy the statutory standards 

of 49 U.S.C. 10904(d) for purposes of 

negotiations or, in exemption 

proceedings, for purposes of partial 

revocation and negotiations. 

(iii) Whether: 

(A) To impose, modify, or remove 

environmental or historic preservation 

conditions; and 

(B) In abandonment proceedings, to 

impose public use conditions under 49 

U.S.C. 10905 and the implementing 

regulations at 49 CFR 1152.28. 

(iv) In abandonment proceedings, 

when a request for interim trail use/rail 

banking is filed under 49 CFR 1152.29, 

to determine whether the National 

Trails System Act, 16 U.S.C. 1247(d), is 

applicable and, where appropriate, to 

issue Certificates of Interim Trail Use or 

Abandonment (in application 

proceedings) or Notices of Interim Trail 

Use or Abandonment (in exemption 

proceedings). 

(v) In any abandonment proceeding 

where interim trail use/rail banking is 

an issue, to make such findings and 

issue decisions as may be necessary for 

the orderly administration of the 

National Trails System Act, 16 U.S.C. 

1247(d). 

(vi) Whether to institute requested 

declaratory order proceedings under 5 

U.S.C. 554(e). 

WReier-Aviles on DSKGBLS3C1PROD with RULES