64670 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

(2) Authorize the administrative law 

judge to specify additional issues; or 

(3) Authorize the parties to agree to 

additional issues that are material, with 

the approval of the administrative law 

judge. 

(e) The hearing will be conducted 

under §§ 4.1100, 4.1102 through 4.1115, 

4.1121 through 4.1127, and 4.1130 

through 4.1141. Unless the Board orders 

otherwise, the administrative law judge 

may consider other relevant issues and 

evidence identified after referral of the 

case for a hearing. 

■ 35. Add § 4.1287 to read as follows: 

§ 4.1287 Action by administrative law 

judge. 

(a) Upon completion of the hearing 

and the incorporation of the transcript 

in the record, the administrative law 

judge will issue and serve on the 

parties, as specified by the Board under 

§ 4.415(c)(2): 

(1) Proposed findings of fact on the 

issues presented at the hearing; 

(2) A recommended decision that 

includes findings of fact and 

conclusions of law and that advises the 

parties of their right to file exceptions 

under paragraph (c) of this section; or 

(3) A decision that will be final for the 

Department unless a notice of appeal is 

filed in accordance with § 4.411. 

(b) The administrative law judge will 

promptly send to the Board the record 

and: 

(1) The proposed findings; 

(2) The recommended decision; or 

(3) The final decision if a timely 

notice of appeal is filed. 

(c) The parties will have 30 days from 

service of the recommended decision to 

file exceptions with the Board. 

■ 36. In § 4.1392, revise paragraphs (a) 

and (d) and add paragraph (e) to read as 

follows: 

§ 4.1392 Contents of request; amendment 

of requests; responses. 

(a) The request for review: 

(1) Must include: 

(i) A clear statement of the reasons for 

appeal; 

(ii) A request for specific relief; 

(iii) A copy of the decision appealed 

from; and 

(iv) Any other relevant information; 

and 

(2) May not exceed 30 pages, 

excluding exhibits, declarations, and 

other attachments, unless the Board 

orders otherwise upon motion for good 

cause shown. 

* * * * * 

(d) An interested party may file an 

answer, motion, or statement as 

described in paragraph (b) of this 

section in response to an amended 

request for review as follows: 

(1) If the request for review is 

amended as a matter of right, the 

answer, motion, or statement must be 

filed within the longer of the following 

periods: 

(i) The time remaining for response to 

the original request for review; or 

(ii) Ten days after receipt of the 

amended request for review; and 

(2) If the Board grants a motion to 

amend a request for review, the answer, 

motion, or statement must be filed 

within the time set by the Board in its 

order granting the motion. 

(e) The filing of a reply is 

discouraged. However, a person who 

filed a request for review may file a 

reply that: 

(1) Is limited to the issues raised in an 

answer or motion; 

(2) Does not exceed 20 pages, 

excluding exhibits, declarations, and 

other attachments, unless the Board 

orders otherwise upon motion for good 

cause shown; and 

(3) Is filed within: 

(i) Fifteen days after service of the 

answer or motion under paragraph (b) or 

(d)(1) of this section; or 

(ii) The time set by the Board in its 

order under paragraph (d)(2) of this 

section. 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION REGULATIONS 

■ 37. The authority citation for part 10 

is revised to read as follows: 

Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, 

3001 et seq. 

Subpart C—Human Remains, Funerary 

Objects, Sacred Objects, or Objects of 

Cultural Patrimony in Museums and 

Federal Collections 

§ 10.12 [Amended] 

■ 38. In § 10.12: 

■ a. In paragraph (j) introductory text, 

remove the address ‘‘4015 Wilson 

Boulevard, Arlington, VA 22203–1923’’ 

and add in its place the address ‘‘801 

North Quincy Street, Arlington, VA 

22203’’; and 

■ b. In paragraphs (k)(1) and (3), remove 

the address ‘‘4015 Wilson Boulevard, 

Arlington, VA 22203–1954’’ and add in 

its place the address ‘‘801 North Quincy 

Street, Arlington, VA 22203’’. 

Dated: October 4, 2010. 

Rhea S. Suh, 

Assistant Secretary—Policy, Management 

and Budget. 

[FR Doc. 2010–26200 Filed 10–19–10; 8:45 am] 

BILLING CODE 4310–79–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0927] 

RIN 1625–AA00 

Safety Zones; Temporary Change of 

Date for Recurring Fireworks Display 

Within the Fifth Coast Guard District, 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of safety zone regulations for a 

recurring fireworks display within the 

Fifth Coast Guard District. These 

regulations apply to only one recurring 

fireworks display event that takes place 

at Wrightsville Beach, NC. Safety zone 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to restrict vessel traffic in a 

portion of Motts Channel and Banks 

Channel near Wrightsville Beach, NC, 

during the event. 

DATES: In § 165.506, Table to § 165.506, 

entry (d)14 is effective from 5:30 p.m. to 

8:30 p.m. on November 27, 2010. In 

§ 165.506, Table to § 165.506, entry 

(d)10 is suspended effective from 

November 20, 2010 through November 

27, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0927 and are available online by going 

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

USCG–2010–0927 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 Chief Warrant Officer 

Joseph Edge, Prevention Department, 

Coast Guard Sector North Carolina, 

Atlantic Beach, NC; telephone 252–247– 

4525, e-mail Joseph.M.Edge@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64671 

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 public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

event. The Coast Guard did not receive 

notification of the change in the date of 

the event in sufficient time to issue an 

NPRM and hold a comment period for 

this rulemaking. The potential dangers 

posed by fallout from pyrotechnic 

fireworks displays to vessel traffic 

transiting the waterway makes this 

safety zone necessary to provide for the 

safety of spectator craft and other 

vessels transiting the event area. For the 

safety concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. The Coast Guard 

will issue broadcast notice to mariners 

to advise vessel operators of 

navigational restrictions. On scene Coast 

Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

Under 5 U.S.C. 553(d)(3), and for the 

same reasons, the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

spectator craft and other vessels 

transiting the event area. 

Background and Purpose 

Fireworks display events are 

frequently held on or adjacent to 

navigable waters within the boundary of 

the Fifth Coast Guard District. For a 

description of the geographical area of 

each Coast Guard Sector—Captain of the 

Port Zone, please see 33 CFR 3.25. 

This regulation temporarily changes 

the enforcement period of the safety 

zone for one recurring marine event, 

described at (d)(10) of the Table to 33 

CFR 165.506, that is normally scheduled 

to occur each year on the fourth Monday 

in November. 

On November 27, 2010, the North 

Carolina Holiday Flotilla at Wrightsville 

Beach, NC will sponsor the ‘‘2010 NC 

Holiday Flotilla boat parade and 

fireworks’’. The event will take place 

near Wrightsville Beach, NC on the 

waters of Motts Channel and Banks 

Channel. The regulation at 33 CFR 

165.506 is enforced annually for this 

event. The event will consist of 

approximately 40 sailboats and 

powerboats participating in a parade in 

the vicinity of Wrightsville Beach, North 

Carolina and conclude with a fireworks 

display. Also, a fleet of spectator vessels 

is expected to gather near the event site 

to view the parade and fireworks. To 

provide for the safety of participants, 

spectators, and transiting vessels, the 

Coast Guard will temporarily restrict 

vessel traffic in the event area from 5:30 

p.m. to 8:30 p.m. on November 27, 2010. 

The regulation at 33 CFR 165.506 will 

be enforced for the duration of the 

event. Vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Discussion of Rule 

The Coast Guard is temporarily 

suspending the regulations at 33 CFR 

165.506 by changing the date of 

enforcement in the table to § 165.506. 

The Coast Guard is temporarily 

changing the enforcement period of the 

safety zone for this recurring event 

within the Fifth Coast Guard District. 

This regulation applies to only one 

marine event listed at (d)10 in the Table 

to § 165.506. 

The Table to § 165.506, event (d)10 

establishes the enforcement date for the 

‘‘North Carolina Holiday Flotilla’’. This 

regulation temporarily changes the 

enforcement date from the fourth 

Monday in November to Saturday, 

November 27, 2010. The temporary 

safety zone will be enforced from 5:30 

p.m. to 8:30 p.m. on November 27, 2010, 

and will restrict general navigation in 

the regulated area during the event. The 

North Carolina Holiday Flotilla, which 

is the sponsor for this event, holds this 

event annually; however, they have 

changed the date of the event for 2010 

so that it is outside the scope of the 

existing enforcement period. Except for 

participants and vessels authorized by 

the Coast Guard Patrol Commander, no 

person or vessel will be allowed to enter 

or remain in the regulated area. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

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 rule prevents 

traffic from transiting a portion of Motts 

Channel and Banks Channel during the 

specified event, the effect of this 

regulation will not be significant due to 

the limited duration that the regulated 

area will be in effect and the extensive 

advance notifications that will be made 

to the maritime community via marine 

information broadcasts, local radio 

stations and area newspapers so 

mariners can adjust their plans 

accordingly. Additionally, this 

rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 165.506, 

Table to § 165.506. In some cases vessel 

traffic may be able to transit the 

regulated area when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

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 would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

Motts Channel or Banks Channel where 

this event is being held. This regulation 

will not have a significant impact on a 

substantial number of small entities 

because it will be enforced only during 

the event that will be patrolled by the 

Coast Guard patrol commander. The 

Captain of the Port will ensure that 


emcdonald on DSK2BSOYB1PROD with RULES
64672 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

small entities are able to operate in the 

areas where events are occurring when 

it is safe to do so. In some cases, vessels 

will be able to safely transit around the 

regulated area at various times, and, 

with the permission of the Patrol 

Commander, vessels may transit 

through the regulated area. Before the 

enforcement period, the Coast Guard 

will issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

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 can 

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 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect 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 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 

establishes a 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, and 

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. 

§ 165.506 [Amended] 

■ 2. From November 20, 2010 through 

November 27, 2010 in § 165.506, Table 

to § 165.506, suspend entry (d)10. 

■ 3. From 5:30 p.m. to 8:30 p.m. on 

November 27, 2010, in § 165.506, Table 

to § 165.506, add entry (d)14 to read as 

follows: 


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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64673 

Number Date Event Sponsor Location 

(d) Coast Guard Sector North Carolina—COTP Zone 

*******

14 .......... November 27, 2010 ............ 2010 North Carolina Holiday Flotilla boat parade 

and fireworks.

NC Holiday Flotilla at Wrightsville 

Beach, NC.

All waters of Motts Channel within 

a 300 yard radius of the fireworks barge in approximate position latitude 34°12′29′′ N, longitude 077°48′27′′ W, approximately 560 yards south of Sea 

Path Marina, Wrightsville Beach, 

NC. 

Dated: September 28, 2010. 

Anthony Popiel, 

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

Port North Carolina. 

[FR Doc. 2010–26378 Filed 10–19–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0824] 

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 

Ship and Sanitary Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 from 6 a.m. on October 4, 

2010 through 6 p.m. on October 11, 

2010 and from 6 a.m. on November 3, 

2010 through 6 p.m. on November 5, 

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 daily 

from 6 a.m. to 6 p.m. on October 4, 2010 

to October 11, 2010 and daily from 6 

a.m. to 6 p.m. on November 3, 2010 to 

November 5, 2010. This rule is effective 

with actual notice for purposes of 

enforcement at 6 a.m. on October 4, 

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 Safety Zone, 

Brandon Road Lock and Dam to Lake 

Michigan including Des Plaines River, 

Chicago Sanitary and Ship Canal, 

Chicago River, Calumet-Saganashkee 

Channel, Chicago, IL listed in 33 CFR 

165.T09–0166(a)(2), on all waters of the 

Chicago Sanitary and Ship Canal from 

Mile Marker 296.1 to Mile Marker 296.7 

daily from 6 a.m. to 6 p.m. on October 

4, 2010 to October 11, 2010 and daily 

from 6 a.m. to 6 p.m. on November 3, 

2010 to November 5, 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 also 

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, and onscene oral notice. Additionally, the 

Captain of the Port, Sector Lake 

Michigan, may notify representatives 

from the maritime industry through 

telephonic and e-mail notifications. 

Dated: September 24, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–26379 Filed 10–19–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0124; FRL–9211–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Limiting Emissions of 

Volatile Organic Compounds From 

Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. The 

revision amends existing Section 2.0— 

Consumer Products to Delaware’s 

Regulation 1141 (formerly SIP 

Regulation No. 41)—Limiting Emissions 

of Volatile Organic Compounds from 


emcdonald on DSK2BSOYB1PROD with RULES