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
27642 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 

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 and operators of 

vessels intending to transit or anchor in 

a portion of the Rouge River near 

Detroit, MI between 7 a.m. on May 1, 

2010 and 7 p.m. on November 30, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will 

only be enforced for 12 hours on each 

of the days during the effective dates of 

this temporary final rule. The Coast 

Guard will give notice to the public via 

a Broadcast Notice 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 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 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 because it 

involves the establishment of a 

temporary safety zone to protect the 

public from construction operations. 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 record keeping 

requirements, Security measures, 

Waterways. 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 27643 

■ 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, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0333 to read as 

follows: 

§ 165.T09–0333 Safety zone; Marathon Oil 

Refinery Construction, Rouge River, Detroit, 

MI 

(a) Location. The following area is a 

temporary safety zone: all U.S. waters of 

the Rouge River, Detroit, MI, 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). This safety zone 

effectively covers all of the Rouge River 

from the Dix Ave. bridge to the north 

end of Fordson Island. 

(b) Effective Period. This regulation is 

effective from 7 a.m. on May 1, 2010 to 

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

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

daily, on multiple dates to be 

determined during the effective period. 

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. 

(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. 

(5) 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: April 30, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. 2010–11781 Filed 5–17–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0064; FRL–9150–5] 

RIN 2060–AP80 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Aggregation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delay of effective date. 

SUMMARY: EPA is delaying the effective 

date of the final rule titled ‘‘Prevention 

of Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Aggregation’’ under the authority 

of the Administrative Procedure Act 

(APA) section 705 until the proceeding 

for judicial review of this rule is 

completed or EPA completes the 

reconsideration of the rule. This final 

rule for ‘‘aggregation,’’ which EPA 

published in the Federal Register on 

January 15, 2009, is subject to a petition 

for review and has not become effective. 

DATES: The effective date of FR Doc. E9– 

815, published in the Federal Register 

on January 15, 2009 (74 FR 2376), and 

delayed on February 13, 2009 (74 FR 

7284) and May 14, 2009 (74 FR 22693), 

which was May 18, 2010, is further 

delayed until such time as the 

proceeding for judicial review of this 

document is completed. The EPA will 

publish a document in the Federal 

Register announcing the effective date 

once the delay is no longer necessary. 

ADDRESSES: Docket: The final rule, the 

petition for reconsideration, and all 

other documents in the record for the 

rulemaking are in Docket ID. No. EPA– 

HQ–OAR–2003–0064. All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David J. Svendsgaard, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone (919) 541–2380, fax number 

(919) 541–5509, e-mail address: 

svendsgaard.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 15, 2009, the EPA (‘‘we’’) 

issued a final rule amending the PSD 

and nonattainment NSR regulations that 

implement the definition of 

‘‘modification’’ in Clean Air Act section 

111(a)(4). The amendments addressed 

when a source must combine 

(‘‘aggregate’’) nominally-separate 

physical changes and changes in the 

method of operation for the purpose of 

determining whether they are a single 

change under NSR and result in a 

significant emissions increase. The 

amendments retained the existing rule 

language for aggregation but interpreted 

that rule text to mean that sources and 

permitting authorities should combine 

emissions when activities are 

‘‘substantially related.’’ It also adopted a 

rebuttable presumption that activities at 

a plant can be presumed not to be 

substantially related if they occur 3 or 

more years apart. Collectively, this 

rulemaking is known as the ‘‘NSR 

Aggregation Amendments.’’ For further 

information on the NSR Aggregation 

Amendments, see 74 FR 2376 (January 

15, 2009). 

The NSR Aggregation Amendments 

have had their effectiveness delayed by 

two actions published in the Federal 

Register. See 74 FR 7284 (February 13, 

2009) and 74 FR 22693 (May 14, 2009). 


hsrobinson on DSK69SOYB1PROD with RULES