24402 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that 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 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), 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 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.337 as follows: 

§ 117.337 Trout River. 

The draw of the CSX Railroad Bridge 

across the Trout River, mile 0.9 at 

Jacksonville, operates as follows: 

(a) The bridge is not tended. 

(b) The draw is normally in the fully 

open position, displaying green lights to 

indicate that vessels may pass. 

(c) As a train approaches, provided 

the scanners do not detect a vessel 

under the draw, the lights change to 

flashing red and a horn continuously 

sounds while the draw closes. The draw 

remains closed until the train passes. 

(d) After the train clears the bridge, 

the lights continue to flash red and the 

horn again continuously sounds while 

the draw opens, until the draw is fully 

open and the lights return to green. 

Dated: April 21, 2010. 

R.S. Branham, 

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

Seventh Coast Guard District. 

[FR Doc. 2010–10497 Filed 5–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0124] 

RIN 1625–AA00 

Safety Zone; St. Louis River, Tallas 

Island, Duluth, MN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

around the Tallas Island area of the St. 

Louis River, Duluth, Minnesota. All 

vessels are prohibited from transiting 

the zone unless specifically authorized 

by the Captain of the Port or a 

designated representative. This 

temporary safety zone is necessary in 

order to ensure the safety of the general 

public from hazards associated with the 

dredging project. 

DATES: Effective Date: this rule is 

effective in the CFR from May 5, 2010 

until 11:59 p.m. November 30, 2010. 

This rule is effective with actual notice 

for purposes of enforcement beginning 

12:01 a.m. May 1, 2010 through 11:59 

p.m. November 30, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0124 and are available online by going 

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

USCG–2010–0124 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 Aaron Gross, 

Chief of Port Operations, MSU Duluth, 

Coast Guard; telephone (218) 720–5286 

Ext. 111, e-mail aaron.l.gross@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 the 

publishing of an NPRM would be 

impracticable and contrary to public 

interest as immediate action is 

necessary to provide for the safety of life 

and property on navigable waters. The 

Coast Guard will issue broadcast notice 

to mariners to advise vessel operators of 

navigational restrictions. On-scene 

Coast Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

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 

would be contrary to public interest 

because the hazards associated with 

dredging projects could lead to severe 

injury, fatalities, and/or destruction of 

public property. Therefore, immediate 

action is needed to ensure the public’s 

safety. 

Basis and Purpose 

This temporary safety zone is 

necessary to ensure the safety of the 

general public from the potential threat 

associated with the dredging project 

beginning at Tallas Island, St. Louis 

River. The Captain of the Port Duluth 

has determined this activity could pose 

significant risk to public safety and 

property. Establishing a safety zone to 

control vessel movement around the 

location of the work site will help 

prevent damage and injury to workers 

on the site, any recreational vessels, the 

public and help minimize the associated 

risks. 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 24403 

Discussion of Rule 

The following area will be a 

temporary safety zone: Near Tallas 

Island on the St. Louis River to include 

all waters contained within the zone 

located at 46°42.30 N 092°11.56 W and 

then run northeast to position; 46°42.53 

N 092°11.30 W and then run northwest 

to position; 46°43.5 N 092°11.41 W and 

then run southwest to position; 46°42.37 

N 092°12.11 W and then running 

southeast back to the starting point 

(NAD 83). The safety zone’s boundary is 

approximately 3500 ft. by 1500 ft. on the 

long end, extending behind Tallas 

Island, and 3000 ft by 1500 ft on the 

short end, extending into open waters. 

The safety zone will be effective from 

May 1, 2010 through November 30, 

2010. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone will be prohibited unless 

authorized by the Captain of the Port 

Duluth 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. 

Although this regulation will restrict 

access to the area, the effect of this rule 

will not be significant because: (i) The 

safety zone is a limited size; (ii) vessels 

may be granted permission to transit the 

area by the Captain of the Port or a 

designated representative . 

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 

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: Owners or operators of vessels 

operating in the St. Louis River 

intending to transit through or anchor in 

the waters near Tallas Island during the 

effective period of the safety zone. This 

rule will not have a significant 

economic impact on the owners or 

operators of affected vessels because the 

rule is temporary in nature, lasting for 

only a few months. Also, it affects a 

relatively small area of water along the 

St. Louis River. Therefore, vessels can 

easily transit around the zone. In 

addition, the safety zone will not limit 

any residential or public access areas. 

Finally, small entities needing entry 

into the temporary safety zone might 

gain access via communications with 

the Captain of the Port or designated 

representative. 

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 (adjusted for inflation) 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 


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24404 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone established to protect the public 

from the dangers associated with 

dredging operations and therefore, is 

categorically excluded. 

An environmental analysis checklist 

and a categorical exclusion 

determination will be 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T09–0124 to read as 

follows: 

§ 165.T09–0124 Safety Zone; St. Louis 

River, Tallas Island, Duluth, MN 

(a) Location. The following area is a 

temporary safety zone: near Tallas 

Island on the St. Louis River to include 

all waters contained within the zone 

located at 46°42.30 N 092°11.56 W and 

then run northeast to position; 46°42.53 

N 092°11.30 W and then run northwest 

to position; 46°43.5 N 092°11.41 W and 

then run southwest to position; 46°42.37 

N 092°12.11 W and then running 

southeast back to the starting point 

(NAD 83). The safety zone’s boundary is 

approximately 3500 ft. by 1500 ft. on the 

long end, extending behind Tallas 

Island, and 3000 ft by 1500 ft on the 

short end, extending into open waters. 

(b) Effective Dates. This rule is 

effective from 12:01 a.m. May 1, 2010 

until 11:59 p.m. November 30, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Coast Guard Captain of the Port Duluth, 

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 

Duluth 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 Duluth 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

permitted to enter or operate in the 

safety zone must comply with the 

instructions given to them by the 

Captain of the Port Duluth or his onscene representative. 

Dated: April 5, 2010. 

M.P. Lebsack, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2010–10498 Filed 5–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0513; FRL–9136–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compound 

Automobile Refinishing Rules for 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving into the 

Indiana State Implementation Plan (SIP) 

amendments to Indiana’s automobile 

refinishing rule. These rule revisions 

extend the applicability of Indiana’s 

approved volatile organic compound 

(VOC) automobile refinishing rules to 

all persons in Indiana who sell or 

manufacture automobile refinishing 

coatings or who refinish motor vehicles. 

The rules are approvable because they 

are consistent with the Clean Air Act 

(Act) and EPA regulations, and should 

result in additional VOC emission 

reductions throughout Indiana. EPA 

proposed these rules for approval on 

January 14, 2010, and received one 

favorable comment. 

DATES: This final rule is effective on 

June 4, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Nos. EPA–R05–OAR–2009–0513. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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. 

Publicly available docket materials are 

available either electronically through 

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 


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