30708 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 

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.T05–0158 to read as 

follows: 

§ 165.T05–0158 Safety Zone; Wilson Bay, 

Jacksonville, NC. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector North Carolina. 

Representative means any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

safety zone: The safety zone is 

established for the navigable waters, 

from the surface to the seafloor, defined 

by enclosing an area south of a line 

drawn from New River Channel 

Daybeacon 61 (34°44′30′′ N/077°26′20′′ 

W) to the north tip of Ethridge Point 

(34°44′37′′ N/077°26′06′′ W) and 

extending 1⁄2 nautical mile south from 

the boundary line. 

(c) Regulations. (1) The general 

regulations contained in § 165.23 of this 

part apply to the area described in 

paragraph (b) of this section. 

(2) Persons or vessels requiring entry 

into or passage through any portion of 

the safety zone must first request 

authorization from the Captain of the 

Port, or a designated representative, 

unless the Captain of the Port 

previously announced via Marine Safety 

Radio Broadcast on VHF Marine Band 

Radio channel 22 (157.1 MHz) that this 

regulation will not be enforced in that 

portion of the safety zone. The Captain 

of the Port can be contacted at telephone 

number (252) 247–4570 or by radio on 

VHF Marine Band Radio, channels 13 

and 16. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 6 a.m. to 5 p.m. 

on June 9, 2010 unless cancelled earlier 

by the Captain of the Port. 

Dated: May 17, 2010. 

A. Popiel, 

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

Port North Carolina. 

[FR Doc. 2010–13116 Filed 6–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0174] 

RIN 1625–AA00 

Safety Zone; Red Bull Air Race, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Detroit River, Detroit, Michigan. 

This zone is intended to restrict vessels 

from portions of the Detroit River during 

the Red Bull Air Race. This temporary 

safety zone is necessary to protect 

spectators and vessels from the hazards 

associated with air races. 

DATES: This rule is effective from 9 a.m. 

on June 3, 2010 through 6:30 p.m. on 

June 6, 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–2010–0174 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0174 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 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 

On April 5, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Red Bull Air Race, 

Detroit River, Detroit, MI in the Federal 

Register (75 FR 17106). We received 

zero comments on the proposed rule. No 

public meeting was requested, 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 delaying the effective 

date would be contrary to the public 

interest due to the need to protect the 

public from the dangers associated with 

air racing. 

Basis and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and the public from hazards associated 

with an air race. The Captain of the Port 

Detroit has determined air races in close 

proximity to watercraft and 

infrastructure pose a significant risk to 

public safety and property. The likely 

combination of large numbers of 

recreational vessels, airplanes traveling 

at high speeds and performing aerial 

acrobatics, and large numbers of 

spectators in close proximity on the 

water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone around the location of the 

race’s course will help ensure the safety 

of persons and property at these events 

and help minimize the associated risks. 

Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone on the specified 

U.S. waters of the Detroit River, Detroit, 

MI, bound by a line extending from a 

point on land southwest of Joe Louis 

Arena at position 42°19.4′ N; 083°3.3′ 

W, northeast along the Detroit shoreline 

to a point on land at position 42°20.0′ 

N; 083°1.2′ W, southeast to the 

international border with Canada at 

position 42°19.8′ N 083°1.0′ W, 

southwest along the international border 

to position 42°19.2′ N; 083°3.3′ W, and 

northwest to the point of origin at 

position 42°19.4′ N; 083°3.3′ W. 

(DATUM: NAD 83). 

This rule will be enforced for 

approximately six hours each day of its 

effective period. Additionally, prior to 

the event, local sailing and yacht clubs 

will be provided with information by 

Coast Guard Station Belle Isle on what 

to expect during the event. Station Belle 

Isle will do this in order to minimize 

interruptions in the normal business 

practices of local sailing and yacht 

clubs. In the event this temporary safety 

zone affects shipping, commercial 

vessels may request permission from the 

Captain of the Port (COTP) Detroit to 

transit through the safety zone. The 

Coast Guard will give notice to the 

public via a Broadcast Notice to 

Mariners that the regulation is in effect. 

Additionally, the COTP Detroit will 

suspend enforcement of the safety zone 

if the event for which the zone is 

established ends earlier than the 

expected time. 

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Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 30709 

Discussion of Comments and Changes 

We received no comments with regard 

to this rule and no changes have been 

made to this rule. 

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 temporary rule restricts 

access to the safety zone, the effect of 

the rule will not be significant because: 

(i) The minimal time that vessels will be 

restricted from the zone; (ii) the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zone’s activation; and (iii) 

vessels may request permission from the 

COTP Detroit to transit through the 

safety zone. The Coast Guard will give 

notice to the public via a Broadcast 

Notice to Mariners that the regulation is 

in effect. 

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 might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the portion of the Detroit River 

discussed above between 9 a.m. June 3, 

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

This temporary safety zone will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: This rule will 

be enforced for approximately six hours 

each day of its effective period. 

Additionally, small entities such as 

passenger vessels have been involved in 

the planning stages of this event and 

have had opportunities to make 

alternate arrangements with regards to 

mooring positions and business 

operations during the hours this safety 

zone will be in effect. Prior to the event, 

local sailing and yacht clubs will be 

provided with information by Coast 

Guard Station Belle Isle on what to 

expect during the event. Station Belle 

Isle will do this in order to minimize 

interruptions in the normal business 

practices of local sailing and yacht 

clubs. In the event that this temporary 

safety zone affects shipping, commercial 

vessels may request permission from the 

Captain of the Port Detroit to transit 

through the safety zone. The Coast 

Guard will give notice to the public via 

a Broadcast Notice to Mariners that the 

regulation is in effect. Additionally, the 

COTP will suspend enforcement of the 

safety zone if the event for which the 

zone is established ends earlier than the 

expected time. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM 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 

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). We did not receive any 

comments for this section. 

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. We did not 

receive any comments for this section. 

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. We did not 

receive any comments for this section. 

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. We did not 

receive any comments for this section. 

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. We did 

not receive any comments for this 

section. 

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. We 

did not receive any comments for this 

section. 

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. We did 

not receive any comments for this 

section. 

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

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. We did 

not receive any comments for this 

section. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. We did not receive any 

comments for this section. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0174 to read as 

follows: 

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

Race, Detroit River, Detroit, MI. 

(a) Location. The following area is a 

temporary safety zone: All U.S. waters 

of the Detroit River, Detroit, MI, bound 

by a line extending from a point on land 

southwest of Joe Louis Arena at position 

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

the Detroit shoreline to a point on land 

at position 42°20.0′ N; 083°1.2′ W, 

southeast to the international border 

with Canada at position 42°19.8′ N 

083°1.0′ W, southwest along the 

international border to position 42°19.2′ 

N; 083°3.3′ W, and northwest to the 

point of origin at position 42°19.4′ N; 

083°3.3′ W. (DATUM: NAD 83). 

(b) Effective Period. This regulation is 

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

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

safety zone will be enforced daily from 

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

through June 6, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port or his on-scene 

representative. 

Dated: May 7, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

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

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2009–0731; FRL–9157–9 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Particulate Matter 

Standards; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

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

final rule approving Wisconsin’s update 

to its state ambient air quality standards. 

The updates were made to the 

particulate matter standards by adding 

fine particulate standards and revoking 

the state’s course particulate standards. 

The State of Wisconsin submitted this 

revision as a modification to the State 

Implementation Plan on September 11, 

2009. In the direct final rule, EPA stated 

that if adverse comments were 

submitted by May 10, 2010, the rule 

would be withdrawn and not take effect. 

On May 7, 2010, EPA received a 

comment. EPA believes this comment is 

adverse and, therefore, EPA is 

withdrawing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on April 

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

institute a second comment period on 

this action. 

DATES: The direct final rule published at 

75 FR 17865 on April 8, 2010, is 

withdrawn as of June 2, 2010. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

WReier-Aviles on DSKGBLS3C1PROD with RULES