27638 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 

SUMMARY: This action amends Class E 

airspace for the Marion, IL area, adding 

additional controlled airspace to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAPs) at Southern Illinois 

Airport, Carbondale/Murphysboro, IL. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rule (IFR) operations 

at the airport. 

DATES: Effective date 0901 UTC, July 29, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On February 10, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace for Marion, IL, 

reconfiguring controlled airspace at 

Southern Illinois Airport (75 FR 6593) 

Docket No. FAA–2009–1154. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9T 

signed August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending Class E airspace for the 

Marion, IL area, adding additional 

controlled airspace extending upward 

from 700 feet above the surface to 

accommodate SIAPs at Southern Illinois 

Airport, Carbondale/Murphysboro, IL. 

The addition of the RNAV (GPS) RWY 

36R SIAP at Southern Illinois Airport 

has created the need to extend existing 

Class E airspace to the south. 

Adjustment to the geographic 

coordinates for Williamson County 

Regional Airport, Marion, IL, also will 

be made in accordance with the FAAs 

National Aeronautical Charting Office. 

This action is necessary for the safety 

and management of IFR operations 

within the National Airspace System. 

With the exception of editorial changes, 

and the changed described above, this 

rule is the same as that proposed in the 

NPRM. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it amends controlled 

airspace in the Marion, IL area. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

* * * * * 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL IL E5 Marion, IL [Amended] 

Carbondale/Murphysboro, Southern Illinois 

Airport, IL 

(Lat. 37°46′41′′ N., long. 89°15′07′′ W.) 

Marion, Williamson County Regional 

Airport, IL 

(Lat. 37°45′18′′ N., long. 89°00′40′′ W.) 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 37°53′40′′ N., long. 88°48′35′′ 

W.; to lat. 37°56′25′′ N., long. 89°02′40′′ W.; 

to lat. 37°58′45′′ N., long. 89°20′25′′ W.; to lat. 

37°47′25′′ N., long. 89°26′00′′ W.; to lat. 

37°42′10′′ N., long. 89°24′00′′ W.; to lat. 

37°40′46′′ N., long. 89°20′17′′ W.; to lat. 

37°34′56′′ N., long. 89°20′25′′ W.; to lat. 

37°34′48′′ N., long. 89°10′21′′ W.; to lat. 

37°37′05′′ N., long. 89°10′18′′ W.; to lat. 

37°32′50′′ N., long. 88°59′00′′ W.; to lat. 

37°42′35′′ N., long. 88°52′15′′ W.; to the point 

of beginning. 

Issued in Fort Worth, Texas on May 5, 

2010. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–11735 Filed 5–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1058] 

RIN 1625–AA11 

Regulated Navigation Area; U.S. Navy 

Submarines, Hood Canal, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) covering a portion of the Hood 

Canal in the State of Washington that 

will be in effect whenever any U.S. 

Navy submarine is operating in that area 

and is being escorted by the Coast 

Guard. The RNA is necessary to help 

ensure the safety and security of the 

submarines, their Coast Guard security 

escorts, and the maritime public in 

general. The RNA will do so by 

requiring all persons and vessels located 

within the RNA to follow all lawful 

orders and/or directions given to them 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 27639 

by Coast Guard security escort 

personnel. 

DATES: This rule is effective May 18, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–1058 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–1058 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 rule, call or 

e-mail LT Matthew N. Jones, Staff 

Attorney, Thirteenth Coast Guard 

District; telephone 206–220–7155, email Matthew.N.Jones@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On January 13, 2010, we published an 

interim rule entitled ‘‘Regulated 

Navigation Area; U.S. Navy Submarines, 

Hood Canal, WA’’ in the Federal 

Register (75 FR 1706). We received one 

comment on the proposed rule that was 

actually meant for a related interim rule 

published on the same date at (75 FR 

1709). That comment is addressed in the 

final rule with docket number USCG– 

2009–1057. No one requested a public 

meeting and none was held. 

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 because waiting 30 days would 

be contrary to the public interest since 

U.S. Navy submarine operations in the 

Hood Canal are ongoing, making the 

RNA created by this rule immediately 

necessary to help ensure the safety and 

security of the submarines, their Coast 

Guard security escorts, and the maritime 

public in general. 

Background and Purpose 

U.S. Navy submarines frequently 

operate in the Hood Canal. Due to the 

numerous safety and security concerns 

involved with submarine operations 

near shore in very restricted waters, the 

Coast Guard provides security escorts of 

submarines when operating in that area. 

Security escorts of this type require the 

Coast Guard personnel on-scene to make 

quick judgments about the intent of 

vessels operating in close proximity to 

the submarines and decide, occasionally 

with little information about the vessels 

or persons on board, whether or not 

they pose a threat to the submarine. The 

narrow confines of the Hood Canal 

make this a particularly difficult task as 

it forces the submarines and their Coast 

Guard security escorts to frequently 

come into close quarters contact with 

the maritime public. 

The RNA established by this rule will 

allow Coast Guard security escort 

personnel to order and/or direct persons 

and vessels operating within the RNA to 

stop, move, change orientation, etc. The 

ability to do so will help avoid 

unnecessary and potentially dangerous 

close quarters contact between Coast 

Guard security escorts and the maritime 

public within the Hood Canal. In 

addition, it will give Coast Guard 

security escorts an additional tool for 

determining the intent of vessels that, 

for whatever reason, are operating too 

close to an escorted submarine. Both of 

these effects will help ensure the safety 

and security of the submarines, their 

Coast Guard security escorts, and the 

maritime public in general. 

Discussion of Comments and Changes 

This rule establishes an RNA covering 

a portion of the Hood Canal in the State 

of Washington that will be in effect 

whenever any U.S. Navy submarine is 

operating in that area and is being 

escorted by the Coast Guard. All persons 

and vessels located within the RNA are 

required to follow all lawful orders and/ 

or directions given to them by Coast 

Guard security escort personnel. 

No comments were received about 

this rule. One change to the rule was 

made to clarify the area covered by the 

RNA. Specifically, the RNA will cover 

all waters of Hood Canal, including 

Dabob Bay, located between two lines 

with the first line connecting positions 

47°37.9′ N, 122°57.1′ W and 47°37.9′ N, 

122°52.9′ W and the second line 

connecting positions 48°00.7′ N, 

122°41.0′ W and 47°56.4′ N, 122°36.9′ 

W. 

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. 

The Coast Guard has made this 

determination based on the fact that (1) 

the RNA is only in effect for the short 

periods of time when submarines are 

operating in Hood Canal and being 

escorted by the Coast Guard and (2) 

vessels may freely operate within the 

RNA to the extent permitted by other 

law or regulation unless given a lawful 

order and/or direction by Coast Guard 

security escort personnel. 

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: The owners or operators of 

vessels intending to transit the RNA 

when it is in effect. The RNA will not, 

however, make significant economic 

impact on a substantial number of small 

entities because (1) the RNA is only in 

effect for the short periods of time when 

submarines are operating in Hood Canal 

and being escorted by the Coast Guard 

and (2) vessels may freely operate 

within the RNA to the extent permitted 

by other law or regulation unless given 

a lawful order and/or direction by Coast 

Guard security escort personnel. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the interim rule 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 


hsrobinson on DSK69SOYB1PROD with RULES
27640 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 

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 

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 

regulated navigation area. 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; 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. Revise § 165.1328 to read as 

follows: 

§ 165.1328 Regulated Navigation Area; 

U.S. Navy Submarines, Hood Canal, WA 

(a) Location. The following area is a 

regulated navigation area (RNA): All 

waters of the Hood Canal in the State of 

Washington whenever any U.S. Navy 

submarine is operating in the Hood 

Canal and is being escorted by the Coast 

Guard. For purposes of this section, 

‘‘Hood Canal’’ means all waters of Hood 

Canal, including Dabob Bay, located 

between two lines with the first line 

connecting positions 47°37.9′ N, 

122°57.1′ W and 47°37.9′ N, 122°52.9′ W 

and the second line connecting 

positions 48°00.7′ N, 122°41.0′ W and 

47°56.4′ N, 122°36.9′ W 

(b) Regulations. All persons and 

vessels located within the RNA created 

by paragraph (a) of this section shall 

follow all lawful orders and/or 

directions given to them by Coast Guard 

security escort personnel. 33 CFR 

Section 165, Subpart B, contains 

additional provisions applicable to the 

RNA created in paragraph (a) of this 

section. 

(c) Notification. The Coast Guard 

security escort will attempt, when 

necessary and practicable, to notify any 

persons or vessels in the RNA created in 

paragraph (a) of this section of its 

existence via VHF Channel 16 and/or 

any other means reasonably available. 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 27641 

Dated: April 25, 2010. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–11262 Filed 5–17–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0333] 

RIN 1625–AA00 

Safety Zone; Marathon Oil Refinery 

Construction, Rouge River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Rouge River, Detroit, Michigan. This 

zone is intended to restrict vessels from 

a portion of the Rouge River during the 

Marathon Oil Refinery Construction 

project. This temporary safety zone is 

necessary to protect mariners and 

construction personnel from the hazards 

associated with moving large pieces of 

equipment in a high traffic maritime 

environment. 

DATES: Effective Date: This rule is 

effective in the CFR from May 18, 2010 

until 7 p.m. on November 30, 2010. This 

rule is effective with actual notice for 

purposes of enforcement beginning 7 

a.m. on May 1, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0333 and are available online by going 

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

USCG–2010–0333 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 CDR Joseph 

Snowden, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313) 568–9508, e-mail 

Joseph.H.Snowden@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 

delaying this rule would be contrary to 

the public interest of ensuring the safety 

of vessels during the construction, and 

immediate action is necessary to 

prevent possible loss of life and 

property. The Coast Guard has not 

received any complaints or negative 

comments previously with regard to 

events of this type and duration. 

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 this rule would be 

contrary to the public interest of 

ensuring the safety of vessels during the 

construction, and immediate action is 

necessary to prevent possible loss of life 

and property. 

Basis and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

from hazards associated with 

construction projects. Based on 

accidents that have occurred in other 

Captain of the Port zones and the 

dangerous nature of large construction 

projects, the Captain of the Port Detroit 

has determined construction projects in 

close proximity to watercraft pose 

significant risk to public safety and 

property. The likely combination of 

large vessels, congested waterways, and 

movement of large pieces of equipment 

could easily result in serious injuries or 

fatalities. Establishing a safety zone to 

control vessel movement around the 

location of the construction project will 

help ensure the safety of persons and 

property at these events and help 

minimize the associated risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of mariners and 

construction personnel during the setup 

and offloading of equipment in 

conjunction with the Marathon Oil 

Refinery Construction project. The 

offloading of equipment will occur 

between 7 a.m. on May 1, 2010, and 7 

p.m. on November 30, 2010. 

Specifically, offloading operations will 

occur between 7 a.m. and 7 p.m. daily 

on multiple dates, to be determined, 

during the effective period of this 

regulation. The public will be notified 

of the specific enforcement dates as 

soon as practicable through the 

publication of a Notice of Enforcement 

and by Broadcast Notice to Mariners. 

The temporary safety zone will 

encompass all waters of the Rouge 

River, Detroit, MI, from the Dix Ave. 

bridge to the north end of Fordson 

Island, bound by a line starting from a 

point on land on the south shore of the 

Rouge River at position 42°17.8′ N; 

083°9.1′ W, continuing southeast to a 

point on land at position 42°17.7′ N; 

083°9.0′ W, across to the north side of 

the river to a point on land at position 

42°17.8′ N; 083°8.9′ W, along the shore 

northwest to a point on land at position 

42°17.8′ N; 083°9.0′ W, continuing back 

southwest to the point of origin. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated on 

scene patrol personnel. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit 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 the rule 

will not be significant because: 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 zone’s activation. 


hsrobinson on DSK69SOYB1PROD with RULES