Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55477 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.219 to read as follows: 

§ 117.219 Pequonnock River. 

(a) The draw of the Stratford Avenue 

Bridge at mile 0.1, at Bridgeport, shall 

open on signal; except that, from 6:45 

a.m. to 7:15 a.m., 7:45 a.m. to 8:15 a.m., 

11:45 a.m. to 1:15 p.m., and 4:30 p.m. 

to 6:10 p.m., the draw need not open for 

the passage of vessel traffic. From 

December 1 through March 31, from 8 

p.m. to 4 a.m., the draw shall open on 

signal if at least a six-hour notice is 

given by calling the number posted at 

the bridge. 

(b) The draw of the Metro-North Peck 

Bridge at mile 0.3, at Bridgeport, shall 

open on signal or after three blasts as 

follows: 

(1) From 5:45 a.m. to 9 p.m. except: 

(i) From Monday through Friday, 

excluding holidays or emergencies, the 

draw need not be opened from 6:45 a.m. 

to 7:15 a.m., 7:45 a.m. to 8:15 a.m., and 

4:30 p.m. to 6:10 p.m. 

(ii) From Monday through Friday, 

excluding holidays or emergencies, the 

draw need not be opened more than 

once during the periods from 5:45 a.m. 

to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 

a.m. to 9 a.m., and 6:10 p.m. to 8:15 

p.m. 

(2) From 9 p.m. to 5:45 a.m., the draw 

shall open on signal if at least an eighthour notice is given by calling the 

number posted at the bridge. 

(3) The draw need not open on signal 

if a train is approaching so closely that 

it may not be safely stopped; however, 

any delay in opening the draw shall not 

exceed seven minutes from the time the 

request to open is received. 

(c) The draw of the East Washington 

Street Bridge at mile 0.6, shall open on 

signal or after one prolonged blast 

followed by two short blasts, if at least 

a twenty four hour notice is given by 

calling the number posted at the bridge. 

Dated: August 27, 2010. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–22749 Filed 9–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0791] 

RIN 1625–AA00 

Safety Zone; Revolution 3 Triathlon, 

Lake Erie & Sandusky Bay, Cedar 

Point, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Erie and Sandusky Bay near Cedar 

Point, Ohio. The safety zone is intended 

to restrict vessels from portions of the 

Lake Erie during the Revolution 3 Cedar 

Point Triathlon. The temporary safety 

zone is necessary to protect participants 

of the swim portion of the triathlon race 

from potential hazards from vessels 

operating in the area. 

DATES: This rule is effective from 6:30 

a.m. through 9:30 a.m. on September 12, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0791 and are available online by going 

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

USCG–2010–0791 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, contact or e-mail MSTC Benjamin 

Wagner, Response Department, Marine 

Safety Unit Toledo, Coast Guard; 

telephone (419) 418–6008, 

Benjamin.D.Wagner@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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 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 impractical as the Coast 

Guard did not receive notification of the 

final details of this event in sufficient 

time to issue an NPRM without delaying 

this rulemaking. A delay or cancellation 

of the event in order to allow for a 

notice and comment period is contrary 

to the public interest because of the 

hazards associated with vessel operation 

in close proximity to swimming 

participants. For the same reasons 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. In 

addition, to the reasons stated above, 

this rule is intended to ensure the safety 

of the event participants, spectators, and 

other waterway users; thus any delay in 

the rule’s effective date is impractical. 

Background and Purpose 

The temporary safety zone is 

necessary to ensure the safety of 

participants of the swim portion of a 

triathlon race as well as the safety of 

mariners operating in the vicinity of the 

triathlon. Establishing this temporary 

safety zone to control vessel movement 

around the location of the triathlon 

swim event will help ensure the safety 

of persons and property at the event and 

help minimize any potential risks 

associated with the event. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone. The safety zone 

will be enforced from 6:30 a.m. through 

9:30 a.m. on September 12, 2010. This 

safety zone will encompass all waters of 

Lake Erie within the geographic area 

bounded by the following coordinates: 

starting at position 41°29′06′′ N, 

082°40′56′′ W; then extending northeast 

to position 41°29′37′′ N, 082°40′14′′ W; 

then extending southeast to position 

41°29′14′′ N, 082°39′52′′ W; then 

extending southwest to position 


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55478 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

41°28′46′′ N, 082°40′38′′ W; then 

returning to the starting position. 

In the event of inclement weather, an 

alternate safety zone area will be 

utilized with the date and times 

remaining the same. The alternate 

location within Sandusky Bay will 

encompass all waters of the Sandusky 

Bay within the geographic area bounded 

by the following coordinates: starting at 

position 41°28′22′′ N, 082°40′44′′ W; 

then extending northwest to position 

41°28′45′′ N, 082°41′11′′ W; then 

extending southeast to position 

41°28′12′′ N, 082°41′06′′ W; then 

returning to the starting position. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port Detroit, or 

designated on-scene representative. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Detroit, or his designated on scene 

representative. The Captain of the Port 

Detroit, or designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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 zone and because the 

zone is in an area where the Coast 

Guard expects minimal adverse impact 

to mariners from the zone’s activation. 

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 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 

vessels intending to transit or anchor in 

the applicable portions of the Lake Erie 

or Sandusky Bay near Cedar Point, OH 

identified below between 6:30 a.m. and 

9:30 a.m. on September 12, 2010. 

The safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The affected 

portions of Lake Erie and Sandusky Bay 

do not experience heavy vessel traffic 

on a regular basis. Any vessels that wish 

to utilize these waterways can be 

scheduled around the event. The safety 

zone will only be in effect during the 

morning of September 12, 2010 and will 

not substantially limit vessels intending 

to utilize the affected waterways. In the 

event that the temporary safety zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of the Port Detroit, or 

designated on-scene representative 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 Captain of the Port 

Detroi, or on-scene representative 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), 

we offer 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 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. 

Taking of Private Property 

This rule will not affect 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 

would not create an environmental risk 

to health or risk to safety that might 

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. 


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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55479 

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 which 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 and is therefore categorically 

excluded under paragraph 34(g) of the 

Instruction. 

A final environmental analysis check 

list and 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; 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T09–0791 is 

as follows: 

§ 165.T09–0791 Safety Zone; Revolution 3 

Cedar Point Triathlon, Lake Erie & 

Sandusky Bay, Cedar Point, OH. 

(a) Location. The following area is a 

safety zone: 

(1) Primary Safety Zone; Lake Erie. 

All waters of Lake Erie within the 

geographic area bounded by the 

following coordinates: Starting at 

position 41°29′06′′ N, 082°40′56′′ W; 

then extending northeast to position 

41°29′37′′ N, 082°40′14′′ W; then 

extending southeast to position 

41°29′14′′ N, 082°39′52′′ W; then 

extending southwest to position 

41°28′46′′ N, 082°40′38′′ W; then 

returning to the starting position. 

[DATUM: NAD 83]. 

(2) Alternate Safety Zone; Sandusky 

Bay. All waters of the Sandusky Bay 

within the geographic area bounded by 

the following coordinates: Starting at 

position 41°28′22′′ N, 082°40′44′′ W; 

then extending northwest to position 

41°28′45′′ N, 082°41′11′′ W; then 

extending southeast to position 

41°28′12′′ N, 082°41′06′′ W; then 

returning to the starting position. 

[DATUM: NAD 83]. 

(b) Effective Period. This regulation is 

effective from 6:30 a.m. through 9:30 

a.m. on September 12, 2010. This 

regulation will be enforced as follows: 

(1) On September 12, 2010 from 6:30 

a.m. to 9:30 a.m., the safety zone listed 

in paragraph (a)(1) of this section will be 

enforced. In the event of inclement 

weather, the alternate safety zone listed 

in paragraph (a)(2) of this section will be 

enforced. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting or anchoring within the 

safety zones is prohibited unless 

authorized by the Captain of the Port 

Detroit, or designated on-scene 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit, or designated on-scene 

representative. 

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

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port Detroit to act 

on his or her behalf. The designated onscene representative or the Captain of 

the Port Detroit will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port Detroit, 

or 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 designated 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 designated onscene representative. 

Dated: August 26, 2010. 

J.E. Ogden, 

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

Port Detroit. 

[FR Doc. 2010–22771 Filed 9–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1987–0002; FRL–9199–5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Rocky Mountain 

Arsenal Federal Facility 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 announces the 

deletion of portions of the On-Post 

Operable Unit (OU3), specifically the 

Central and Eastern Surface Areas 

including surface media and structures 

(CES), and the surface media of the OffPost Operable Unit (OU4) (OPS) of the 

Rocky Mountain Arsenal Federal 

Facility (RMA) located in Commerce 

City, Colorado from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 


srobinson on DSKHWCL6B1PROD with RULES