30706 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 

(3) A selection in which each party 

advises OAS of its order of preference 

by numbering each name on the panel 

and submitting the numbered list in 

writing to OAS. If the parties separately 

notify OAS of their preferred selections, 

OAS, upon receiving the preferred 

selection of the first party, will notify 

the other party that it has fourteen (14) 

days in which to submit its selections. 

Where both parties respond, the name 

that has the lowest combined number 

will be appointed. If the other party fails 

to respond, the first party’s choice will 

be honored. 

(d) Where the parties’ collective 

bargaining agreement permits each party 

to separately notify OAS of its preferred 

selection, OAS will proceed with the 

selection process as follows. When the 

OAS receives the preferred selection 

from one party, it will notify the other 

party that it has fourteen (14) days in 

which to submit its selections. If that 

party fails to respond within the 

deadline, the first party’s choice will be 

honored unless prohibited by the 

collective bargaining agreement. Where 

both parties respond, the name that has 

the lowest combined number will be 

appointed. If, within fourteen (14) days, 

a second panel is requested, and is 

permitted by the collective bargaining 

agreement, the requesting party must 

pay a fee for the second panel. 

(e) The OAS will make a direct 

appointment of an arbitrator only upon 

joint request or as provided by 

paragraphs (c) (3) or (d) of this section. 

(f) A direct appointment in no way 

signifies a determination of arbitrability 

or a ruling that an agreement to arbitrate 

exists. The resolution of disputes over 

these issues rests solely with the parties. 

■ 6. Amend the Appendix to 29 CFR 

Part 1404 by removing ‘‘$100’’ and 

adding ‘‘$150’’ in its place. 

Dated: May 26, 2010. 

Jeannette Walters-Marquez, 

Attorney Advisor. 

[FR Doc. 2010–13120 Filed 6–1–10; 8:45 am] 

BILLING CODE 6732–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0158] 

RIN 1625–AA00 

Safety Zone; Wilson Bay, Jacksonville, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Wilson Bay at Jacksonville, 

North Carolina for training purposes. 

The safety zone is necessary to provide 

for the safety of the general public and 

exercise participants from potential 

hazards associated with low flying 

helicopters and vessels participating in 

this multi agency exercise. 

DATES: This rule is effective from 6 a.m. 

until 5 p.m. on June 9, 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–2010–0158 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0158 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 temporary 

rule, call or e-mail CWO4 Stephen 

Lyons, Waterways Management 

Division Chief, Coast Guard Sector 

North Carolina; telephone (252) 247– 

4525, e-mail 

Stephen.W.Lyons2@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 2, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone: Wilson Bay, 

Jacksonville, NC in the Federal Register 

(75 FR 16703). We received no 

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. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment; therefore, a 30-day 

notice is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

protecting persons and vessels involved 

in the event, and enhancing public and 

maritime safety. 

Basis and Purpose 

The Onslow County North Carolina 

Emergency Services will be conducting 

a multi agency exercise to test response 

capabilities of water rescue services in 

a mass casualty scenario on the waters 

of Wilson Bay, Onslow County, North 

Carolina from 6 a.m. to 5 p.m. June 9, 

2010. The exercise is designed to train 

and test air and surface personnel in the 

judgmental decisionmaking process 

necessary to safely and effectively 

respond to a mass casualty incident. 

The exercise will involve helicopters, 

vessels, safety craft, divers, and rescue 

swimmers. This zone is necessary to 

establish a temporary restricted area in 

Wilson Bay to ensure the safety of 

participants within the exercise site. 

Discussion of Comments and Changes 

We received no comments on the 

proposed rule. No public meeting was 

requested, and none was held. The 

Coast Guard is implementing the rule as 

proposed, without change. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although this regulation will restrict 

access to the area, the effect of this rule 

will not be significant because: (i) The 

safety zone will only be in effect from 

6 a.m. to 5 p.m. on June 9, 2010, (ii) the 

Coast Guard will give advance 

notification via maritime advisories so 

mariners can adjust their plans 

accordingly, and (iii) although the safety 

zone will apply to a section of Wilson 

Bay, it will not restrict vessel traffic in 

the federally marked channel. 

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 

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Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Rules and Regulations 30707 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would 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 

recreational and fishing vessels 

intending to transit the specified portion 

of Wilson Bay from 6 a.m. to 5 p.m. on 

June 9, 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 in effect from 6 a.m. to 5 p.m. 

on June 9, 2010. Although the safety 

zone will apply to the section of Wilson 

Bay, it will not restrict vessel traffic in 

the federally marked channel. Before the 

effective period, the Coast Guard will 

issue maritime advisories widely 

available to the users of the waterway. 

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). 

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 

establishes a temporary safety zone to 

protect the general public and exercise 

participants from potential hazards 

associated with low flying helicopters 

and vessels participating in this multi 

agency exercise. 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: 

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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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