26098 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

with the Chicago Sanitary and Ship 

Canal). 

(2) Chicago Sanitary and Ship Canal. 

All U.S. waters of the Chicago Sanitary 

and Ship Canal between mile marker 

290.0 (point at which the Chicago 

Sanitary and Ship Canal connects to the 

Des Plaines River) and mile marker 

321.8 (point at which the Chicago 

Sanitary and Ship Canal Connects to the 

South Branch Chicago River). 

(3) South Branch Chicago River. All 

U.S. waters of the South Branch Chicago 

River between mile marker 321.8 (point 

at which the South Branch Chicago 

River connects to the Chicago Sanitary 

and Ship Canal) and mile marker 325.6 

(point at which the South Branch 

Chicago River connects to the Chicago 

River (Main Branch) and North Branch 

Chicago River). 

(4) Chicago River (Main Branch). All 

U.S. waters of the Chicago River (Main 

Branch) between mile marker 325.6 

(point at which the Chicago River 

connects to the South Branch Chicago 

River) and 100 yards extending past the 

end of the Chicago River covering the 

area of the Federal channel within 

Chicago Harbor. 

(5) North Branch Chicago River. All 

U.S. waters of the North Branch Chicago 

River between mile marker 325.6 (point 

at which the North Branch Chicago 

River connects to the Chicago River 

(Main Branch) and the South Branch 

Chicago River) and mile marker 331.4 

(end of navigation channel). 

(6) Calumet-Saganashkee Channel. 

All U.S. waters of the CalumetSaganashkee Channel between mile 

marker 303.5 (point at which the 

Calumet-Saganashkee Channel connects 

to the Chicago Sanitary and Ship Canal) 

and mile marker 333.0; all U.S. waters 

of the Calumet-Saganashkee Channel 

between mile marker 333.0 and Lake 

Michigan (Calumet Harbor). 

(b) Effective Period. This rule is 

effective in the CFR on May 11, 2010 

This rule is effective with actual notice 

for purposes of enforcement on April 

28, 2010. This rule will remain in effect 

until March 1, 2011. 

(c) Enforcement. 

(1) The Captain of the Port, Sector 

Lake Michigan, may enforce this safety 

zone in whole, in segments, or by any 

combination of segments. The Captain 

of the Port, Sector Lake Michigan, may 

suspend the enforcement of any 

segment of this safety zone for which 

notice of enforcement had been given. 

(2) The safety zone established by this 

section will be enforced, pursuant to 

paragraph (c)(1) of this section, only 

upon notice by the Captain of the Port, 

Sector Lake Michigan. Suspension of 

any previously announced period of 

enforcement will also be provided by 

the Captain of the Port, Sector Lake 

Michigan. All notices of enforcement 

and notices of suspension of 

enforcement will clearly describe any 

segments of the safety zone affected by 

the notice. At a minimum, notices of 

enforcement and notices of suspension 

of enforcement will identify any 

affected segments by reference to mile 

markers. When possible, the Captain of 

the Port, Sector Lake Michigan, will also 

identify enforced segments of this safety 

zone by referencing readily identifiable 

geographical points. In addition to 

providing the geographical bounds of 

any enforced segment of this safety 

zone, notices of enforcement and 

notices of suspension of enforcement 

will also provide the date(s) and time(s) 

at which enforcement will commence or 

suspend. 

(3) The Captain of the Port, Sector 

Lake Michigan, will publish notices of 

enforcement and notices of suspension 

of enforcement in accordance with 33 

CFR 165.7(a) and in a manner to provide 

as much notice to the public as possible. 

The primary method of notification will 

be through publication in the Federal 

Register. The Captain of the Port, Sector 

Lake Michigan, will also provide notice 

through other means, such as Broadcast 

Notice to Mariners, local Notice to 

Mariners, local news media, distribution 

in leaflet form, and on-scene oral notice. 

Additionally, the Captain of the Port, 

Sector Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within any enforced segment 

of the safety zone is prohibited unless 

authorized by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

(2) The ‘‘designated 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 designated 

representative of the Captain of the Port, 

Sector Lake Michigan, will be aboard a 

Coast Guard, Coast Guard Auxiliary, or 

other designated vessel or will be on 

shore and will communicate with 

vessels via VHF radio, loudhailer, or by 

phone. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF radio Channel 16 or the Coast 

Guard Sector Lake Michigan Command 

Center at 414–747–7182. 

(3) To obtain permission to enter or 

operate within an enforced segment of 

the safety zone established by this 

section, Vessel operators must contact 

the Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. Vessel operators given 

permission to operate in an enforced 

segment of the safety zone must comply 

with all directions given to them by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

(4) When a segment of the safety zone 

is being enforced, it will be closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. As soon as 

operations permit, the Captain of the 

Port, Sector Lake Michigan, will issue a 

notice of suspension of enforcement as 

specified in paragraph (c) of this 

section. 

(5) All persons entering any enforced 

segment of the safety zone established 

in this section are advised that they do 

so at their own risk. 

Dated: April 28, 2010. 

L. Barndt, 

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

Port, U.S. Coast Guard Sector Lake Michigan. 

[FR Doc. 2010–11083 Filed 5–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0168] 

RIN 1625–AA00 

Safety Zone; Under Water Clean Up of 

Copper Canyon, Lake Havasu, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Lake Havasu in 

the Copper Canyon in support of the 

underwater cleanup of Copper Canyon. 

This temporary safety zone is necessary 

to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this temporary safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 7 a.m. 

through 11 a.m. on June 1, 2010. 


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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26099 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0168 and are available online by going 

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

USCG–2010–0168 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 Petty Officer Krista 

Stacey, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA at 

telephone 619–278–7262, e-mail 

Krista.m.stacey@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 

logistical details of the event were not 

finalized or presented to the Coast 

Guard in enough time to draft and 

publish an NPRM. As such, issuing an 

NPRM would be impracticable because 

the event would occur before the 

rulemaking process was complete. 

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. Any delay in the effective date 

of this rule would expose the divers to 

danger from transiting vessels. 

Basis and Purpose 

The Lake Havasu Divers Association 

is sponsoring the Under Water Copper 

Canyon Clean up, which will involve 40 

divers cleaning the river bottom in Lake 

Havasu. The Coast Guard is establishing 

a safety zone, which will be a 500 foot 

radius around the divers as they move 

along the river bottom. 

This temporary safety zone is 

necessary to protect the divers and 

equipment from potential damage and 

injury. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 7 

a.m. to 11 a.m. on June 1, 2010. The 

limits of the safety zone will include all 

waters of Copper Canyon extending 

from the surface to the river bottom, 

within 500 feet of the divers. The safety 

zone is necessary to provide for the 

safety of the crew, spectators, 

participants, and other vessels and users 

of the waterway. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port, or his designated 

representative. 

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. We expect the economic impact 

of this proposed rule to be so minimal 

that a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the size and location of the 

safety zone. This safety zone will last for 

only four hours, and occupies a 

relatively small area; vessels and 

persons will be able to transit around 

the safety zone. 

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 or anchor in 

portion of Lake Havasu between 7 a.m. 

and 11 a.m. on June 1, 2010. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: Vessel traffic can 

pass safely around the safety zone. 

Before the effective period, the coast 

Guard will publish a local notice to 

mariners (LNM) and will issue 

broadcast notice to mariners (BNM) 

alerts via marine channel 16 VHF before 

the safety zone is enforced. 

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 


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26100 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

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 5100.1 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, 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.T11–179 to read as 

follows: 

§ 165.T11–179 Safety zone; Copper 

Canyon Clean Up, Lake Havasu, AZ. 

(a) Location. The limits of the safety 

zone will include all waters of Copper 

Canyon extending from the surface to 

the river bottom, within 500 feet of the 

divers. 

(b) Enforcement Period. This section 

will be enforced from 7 a.m. to 11 a.m. 

on June 1, 2010. If the event concludes 

prior to the scheduled termination time, 

the Captain of the Port will cease 

enforcement of this safety zone. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(3) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(4) The Coast Guard may be assisted 

by other Federal, state, or local agencies. 

Dated: 4/27/2010. 

T. H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–11086 Filed 5–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Danger Zone, Pacific Ocean, Naval 

Base Coronado, Coronado, California 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

regulations to establish a naval danger 

zone in the waters of the Pacific Ocean 

extending offshore from the small arms 

range at the Naval Base Coronado 

(NBC), in Coronado, San Diego County, 

California. The danger zone will provide 


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