Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations 32663 

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 that 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)(h) of the Instruction, because it 

involves the establishment of a special 

local regulation for a marine event in 

which an environmental analysis was 

conducted as part of the permit process 

for the marine event. 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 100 

Marine Safety, Navigation (water), 

Reporting and Recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. A new temporary § 100.T09–0435 is 

added to read as follows: 

§ 100.T09–0435 Special Local Regulation; 

Hydroplane Exhibition; Detroit River; 

Detroit, MI. 

(a) Location. The following is a 

temporary special local regulation area: 

All waters of the Detroit River, between 

Detroit, MI. and Belle Isle, within an 

area bound on the east by a point on 

land at position 42°20.1′ N.; 083°01.1′ 

W. extending to the international border 

located at position 42°19.9′ N.; 083°01.0′ 

W. and a line running along the 

international border to position 42°19.5′ 

N.; 083°02.2′ W. and to a point on land 

at position 42°19.7′ N.; 083°02.4′ W. 

(DATUM: NAD 83.) 

(b) Effective Period. This regulation is 

effective from 3 p.m. on June 18, 2010 

to 5 p.m. on June 20, 2010. This 

regulation will be enforced daily from 3 

p.m. until 5 p.m. from June 18, 2010, to 

June 20, 2010. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 100.35 of this part, entry 

into, and transiting or anchoring within 

this special local regulation area is 

prohibited unless authorized by the 

Captain of the Port Sector Detroit, or his 

designated on-scene representative. 

(2) This special local regulation area 

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 Sector Detroit is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Sector Detroit to act on his behalf. The 

on-scene representative of the Captain 

of the Port Sector Detroit 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 special local 

regulation area shall contact the Captain 

of the Port Sector Detroit or his on-scene 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the special local 

regulation area must comply with all 

directions given to them by the Captain 

of the Port or his on-scene 

representative. 

Dated: May 24, 2010. 

E.J. Marohn, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Detroit. 

[FR Doc. 2010–13806 Filed 6–8–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0406] 

Drawbridge Operation Regulations; 

Newark Bay, NJ, Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Lehigh Valley 

Bridge across Newark Bay, mile 4.3, at 

Newark, New Jersey. This deviation 

allows the bridge to remain in the 

closed position on seven 

nonconsecutive days to facilitate 

scheduled maintenance. 

DATES: This deviation is effective from 

9 a.m. on June 14, 2010 through 2 p.m. 

on July 26, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0406 and are available online at 

http://www.regulations.gov, inserting 

USCG–2010–0406 in the ‘‘Keyword’’ 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 rule, call Mr. 

Joe Arca, Project Officer, First Coast 

Guard District, telephone (212) 668– 

7165. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 


erowe on DSK5CLS3C1PROD with RULES
32664 Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The 

Lehigh Valley Bridge, across Newark 

Bay at mile 4.3, at Newark, New Jersey, 

has a vertical clearance in the closed 

position of 35 feet at mean high water 

and 39 feet at mean low water. The 

drawbridge operation regulations are 

listed at 33 CFR 117.735. 

The owner of the bridge, Conrail, 

requested a temporary deviation from 

the regulations to facilitate scheduled 

bridge maintenance, lift cable 

replacement at the bridge. 

Under this temporary deviation the 

Lehigh Valley Bridge may remain in the 

closed position on Mondays, June 14, 

21, 28, July 5, 12, 19, and 26, 2010 

between 9 a.m. and 2 p.m. to facilitate 

lift cable replacement. 

Waterway users were advised of the 

requested bridge closures and offered no 

objection. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: May 27, 2010. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2010–13818 Filed 6–8–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0225] 

RIN 1625–AA00 

Safety Zone; Milwaukee Air and Water 

Show, Lake Michigan, Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on Lake 

Michigan near Bradford Beach in 

Milwaukee, Wisconsin. This zone is 

intended to restrict vessels from a 

portion of Lake Michigan due to a largescale air show and a fireworks display. 

This temporary safety zone is necessary 

to protect the surrounding public and 

their vessels from the hazards associated 

with a large-scale air show and 

fireworks display. 

DATES: This regulation is effective from 

12:01 a.m. on June 10, 2010 until 11:59 

p.m. on June 13, 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–2010–0225 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0225 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, contact or e-mail Petty Officer 

Adam Kraft, U.S. Coast Guard Sector 

Lake Michigan, at (414) 747–7154 or 

Adam.D.Kraft@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 14, 2010, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) entitled Safety 

Zone; Milwaukee Air and Water Show, 

Milwaukee, Wisconsin in the Federal 

Register (75 FR 19307). The Coast Guard 

received 0 comments on this 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. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this operation and 

immediate action is necessary to 

prevent possible loss of life or property 

from the dangers that are associated 

with a large scale air show and a 

fireworks display. 

Basis and Purpose 

This temporary safety zone is 

necessary to protect vessels from the 

hazards associated with the Milwaukee 

Air and Water show. The Captain of the 

Port, Sector Lake Michigan, has 

determined that the Milwaukee Air and 

Water show does pose significant risks 

to public safety and property. The likely 

combination of congested waterways 

and a large scale air show and a 

fireworks display could easily result in 

serious injuries or fatalities. 

Discussion of Comments and Changes 

No comments were received 

concerning this event. 

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. 

This is not a significant regulatory 

action because the safety zone will be in 

effect for a minimal amount of time. 

Additionally, the zone is an area where 

the Coast Guard expects insignificant 

adverse impact to mariners from the 

zones’ activation and vessels may still 

transit the area with the permission of 

the Captain of the Port, Sector Lake 

Michigan, or his or her designated onscene representative. 

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 

a portion of Lake Michigan, Milwaukee, 

WI between 12:01 p.m. on June 10, 2010 

and 11:59 p.m. on June 13, 2010. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This safety zone 

will be in effect for only a few days and 

enforced for only a few hours. In the 

event that this temporary safety zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of The Port, Sector Lake 

Michigan, to transit through the safety 

zone. The Coast Guard will give notice 

to the public via a Broadcast to Mariners 

that the regulation is in effect. 


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