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. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations 32665 

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 

involves the establishment of a 

temporary 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.T09–0225 to read as 

follows 

§ 165.T09–0225 Safety Zone; Milwaukee 

Air and Water show, Lake Michigan, 

Milwaukee, WI. 

(a) Location. The following area is a 

temporary safety zone: A 4,000 yard by 

1,000 yard rectangle located on Lake 

Michigan, parallel to Bradford Beach in 

Milwaukee, Wisconsin. The safety zone 

will encompass all U.S. waters of Lake 

Michigan bound by a line drawn from 

43°02′57′′ N, 087°52′53′′ W; then north 

to 43°04′40′′ N, 087°51′29′′ W; then east 

to 43°04′33′′ N, 087°51′12′′ W; then 

south to 43°02′50′′ N, 087°52′36′′ W; 

then west returning to the point of 

origin (NAD 83). 

(b) Effective period. This regulation is 

effective from 12:01 a.m. on June 10, 


erowe on DSK5CLS3C1PROD with RULES
32666 Federal Register / Vol. 75, No. 110 / Wednesday, June 9, 2010 / Rules and Regulations 

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

2010. It will be enforced between 12 

p.m. and 4 p.m. on June 10, 2010, 

between the hours of 2:30 p.m. and 9:30 

p.m. on June 11, 2010, and again 

between the hours of 9 a.m. and 5 p.m. 

on June 12 and 13, 2010. The Captain 

of the Port, Sector Lake Michigan, or his 

or her on-scene representative may 

terminate this operation at anytime. 

(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, Sector Lake 

Michigan, or his or her on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. 

(3) The ‘‘on-scene 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 on-scene 

representative of the Captain of the Port, 

Sector Lake Michigan, will be aboard 

either a Coast Guard or Coast Guard 

Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative may be contacted via 

VHF Channel 16. 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, Sector Lake Michigan, or his 

or her on-scene representative. 

Dated: May 25, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–13810 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–2010–0126] 

RIN 1625–AA00 

Safety Zones; Annual Fireworks 

Events in the Captain of the Port 

Detroit Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

rule 33 CFR 165.941, establishing safety 

zones for annual fireworks events in the 

Captain of the Port Detroit area of 

responsibility. This rule adds safety 

zones for fireworks events. These safety 

zones are necessary to protect spectators 

and vessels from the hazards associated 

with fireworks displays. 

DATES: This rule is effective 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–2010–0126 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0126 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 14, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zones; Annual Fireworks 

Events in the Captain of the port Detroit 

Zone in the Federal Register (75 FR 

19304). 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. 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 fireworks displays. 

Basis and Purpose 

This rule adds additional events not 

previously published in 33 CFR 

165.941, Safety Zones; Annual 

Fireworks Events in the Captain of the 

Port Detroit Zone. These additional 

safety zones are necessary to protect 

vessels and spectators from the hazards 

associated with fireworks displays. 

Such hazards include obstructions to 

the waterway that may cause marine 

casualties, the explosive danger of 

fireworks and debris falling into the 

water that may cause death or serious 

bodily harm. 

Discussion of Comments and Changes 

We received zero comments regarding 

the proposed rule. There are no 

substantive changes to the rule as 

proposed by the NPRM published on 

April 14, 2010. 

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 rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zones and the zones 

are in areas where the Coast Guard 

expects insignificant adverse impact to 

mariners from the zones’ activation. 

The Coast Guard’s use of these safety 

zones will be periodic, of short 

duration, and designed to minimize the 

impact on navigable waters. These 

safety zones will only be enforced 

immediately before, during, and after 

the time the events occur. Furthermore, 

these safety zones have been designed to 


erowe on DSK5CLS3C1PROD with RULES