52462 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 

Bridge across the Pocomoke River, mile 

29.9, at Snow Hill, MD. The deviation 

restricts the operation of the draw span 

to facilitate the cleaning and painting of 

the bridge. 

DATES: This deviation is effective from 

7 a.m. on September 8, 2010 to 7 p.m. 

on October 8, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0761 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0761 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 rule, call or 

e-mail Mrs. Sandra Elliott, Bridge 

Management Specialist, Fifth District, 

Coast Guard; telephone 757–398–6557, 

e-mail Sandra.S.Elliott@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Maryland State Highway 

Administration (SHA), who owns and 

operates this single leaf bascule 

drawbridge, has requested a temporary 

deviation from the current operating 

schedule to facilitate cleaning and 

painting the structure. Under the regular 

operating schedule, the bridge opens on 

signal as required by 33 CFR 117.569(c) 

if at least five hours advance notice is 

given. 

The S12 Bridge across Pocomoke 

River, mile 29.9 at Snow Hill MD, has 

a vertical clearance in the closed 

position of two feet above mean high 

water and five feet above mean low 

water. Under this temporary deviation, 

the contractor has requested to maintain 

the bridge in the closed position to 

vessels beginning at 7 a.m. on 

September 8, 2010 until and including 

7 p.m. on October 8, 2010. 

Bridge opening data supplied by SHA 

and reviewed by the Coast Guard 

revealed, from August 2009 to October 

2009, the bridge opened for vessels 57, 

57, and 48 times, respectively. During 

the same period on the weekdays, the 

bridge opened 13, 14, and 13 times, 

respectively, with the majority of the 

vessel openings on the weekends for a 

fishing tournament. 

The Coast Guard has coordinated the 

restrictions with the local users of the 

waterway. The Coast Guard will inform 

other waterway users of the bridge 

closure periods through our Local and 

Broadcast Notices to Mariners so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. There are no 

alternate routes for vessels transiting 

this section of the Pocomoke River but 

the drawbridge will be able to open in 

the event of an emergency. 

In accordance with 33 CFR 117.35(e), 

the drawbridge 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: August 11, 2010. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2010–21303 Filed 8–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0757] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

and Calumet-Saganashkee Channel on 

all waters of the Chicago Sanitary and 

Ship Canal from Mile Marker 296.1 to 

Mile Marker 296.7 from 7 a.m. to 11 

a.m. and from 1 p.m. to 5 p.m. on 

September 7, 2010 through September 

11, 2010. This action is necessary to 

protect the waterways, waterway users, 

and vessels from hazards associated 

with the U.S. Army Corps of Engineers’ 

installation of parasitic structures which 

will help control the spread of aquatic 

nuisance species that might devastate 

the waters in the Chicago Sanitary and 

Ship Canal. During the enforcement 

period, entry into, transiting, mooring, 

laying-up or anchoring within the 

enforced area of this safety zone by any 

person or vessel is prohibited unless 

authorized by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

DATES: The regulations in 33 CFR 

165.T09.0166 will be enforced from 7 

a.m. on September 7, 2010 through 

5 p.m. September 11, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045, 

e-mail address 

Timothy.M.Cummins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL listed 

in 33 CFR 165.T09–0166(a)(2), on all 

waters of the Chicago Ship and Sanitary 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 daily from 7 a.m. to 

11 a.m. and from 1 p.m. to 5 p.m. on 

September 7, 2010 through September 

11, 2010. 

This enforcement action is necessary 

because the Captain of the Port Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers’ 

installation operation poses risks to life 

and property. Specifically, there will be 

congested waterways and construction 

operations requiring the use of divers 

taking place in the vicinity of the U.S. 

Army Corps of Engineers’ electric 

dispersal barrier. The combination of 

vessel traffic, divers, and electric 

current in the water makes the control 

of vessels through the impacted portion 

of the Chicago Sanitary and Ship Canal 

necessary to prevent injury and property 

loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.T09–0166 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Captain of the 

Port, Sector Lake Michigan, will provide 

notice through other means, which may 

include but are not limited to Broadcast 

Notice to Mariners, Local Notice to 

Mariners, local news media, distribution 

in leaflet form, or on-scene oral notice. 

Additionally, the Captain of the Port, 

Sector Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and e-mail 

notifications. 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Rules and Regulations 52463 

Dated: August 6, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–21218 Filed 8–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0743] 

RIN 1625–AA00 

Safety Zone; Raccoon Creek, 

Bridgeport, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone in specified 

waters of Raccoon Creek, Bridgeport, NJ. 

This action is necessary to provide for 

the safety of life and property on 

navigable waters while contractors 

replace steel I-beams. This safety zone is 

intended to restrict vessel access in 

order to protect mariners in a portion of 

Raccoon Creek. 

DATES: This rule is effective in the CFR 

on August 26, 2010 through 10 p.m. on 

August 28, 2010. This rule is effective 

with actual notice for purposes of 

enforcement on August 14, 2010. This 

rule will remain in effect through 

August 28, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0743 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0743 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 LT Corrina Ott, 

Chief, Waterways Management Division, 

Coast Guard; telephone 215–271–4902, 

e-mail Corrina.Ott@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 

publishing an NPRM is impracticable 

and contrary to the public interest. 

Delaying the effective date by first 

publishing an NPRM and holding a 

comment period would be contrary to 

the rule’s objectives of ensuring safety of 

life on the navigable waters while these 

repairs are taking place, as immediate 

action is needed to protect persons and 

vessels from the hazards associated with 

the bridge repair operations. 

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. Any delay in the effective date 

of this regulation would be contrary to 

the public interest as immediate action 

is necessary to protect persons and 

vessels from the hazards associated with 

the bridge repair operations. 

Basis and Purpose 

This temporary safety zone is 

necessary to ensure the safety of 

persons, vessels, and the New Jersey 

Department of Transportation (NJDOT) 

workers while the NJDOT conducts 

significant bridge repairs. The NJDOT 

plans on replacing steel I-beams used to 

support the Route 130 Bridge spanning 

the Raccoon Creek in Bridgeport, NJ. A 

barge will be used to transport and 

support construction materials which 

will be stationed in the Raccoon Creek 

channel during the pendency of the 

safety zone. 

Discussion of Rule 

This temporary safety zone is for all 

navigable waters within 400 yards on 

either side of the Route 130 Bridge, 

located approximately at 39 48′04′′ N, 

075 21′20′′ W. This rule is effective from 

6 a.m. to 10 p.m. every Saturday from 

August 14, 2010 through August 28, 

2010. This rule is necessary because the 

NJDOT has identified the need to station 

a barge below the Route 130 Bridge to 

replace three 17-foot steel I-beams and 

to prevent injury or damage to property 

from falling debris associated with the 

repair. This temporary rule will provide 

for the safety of mariners navigating the 

Raccoon Creek. This rule is required 

due to the inherent dangers associated 

with these types of construction. 

During the enforcement period of the 

safety zone, all persons and vessels will 

be prohibited from entering, transiting, 

mooring, or remaining within the zone 

unless specifically authorized by the 

Captain of the Port Delaware Bay, or her 

designated representative. 

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. Due to the location of the 

proposed safety zone being in an area 

not subject to regular flow of vessel 

traffic, the regulatory impact is expected 

to be minimal. 

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 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 three days over the course 

of three weeks from 6 a.m. to 10 p.m. 

every Saturday from August 14, 2010 

through August 28, 2010. The local 

marina being affected has been notified 

regarding this temporary safety zone. 

The marina has made arrangements to 

inform affected boaters of the need to 

make alternate arrangements during the 

effective period. Before the effective 

period, the Coast Guard will issue 

mstockstill on DSKH9S0YB1PROD with RULES