29134 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

this regulation will be enforced from 10 

p.m. to 11 p.m. on June 28, 2009. 

(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 Detroit, or his 

designated on-scene representative. 

(2) This safety zone 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 is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port 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 safety zone shall 

contact the Captain of the Port Detroit 

or his 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 his on-scene 

representative. 

Dated: June 3, 2009. 

F.M. Midgette, 

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

Port Detroit. 

[FR Doc. E9–14388 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0477] 

RIN 1625–AA00 

Safety Zone; Sigma Gamma Fireworks, 

Lake St. Clair, Grosse Pointe Farms, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Captain of the Port Detroit Zone on 

Lake St. Clair, Grosse Pointe Farms, 

Michigan. This Zone is intended to 

restrict vessels from portions of Lake St. 

Clair during the Sigma Gamma 

Fireworks. This temporary safety zone is 

necessary to protect spectators and 

vessels from the hazards associated with 

fireworks displays. 

DATES: This rule is effective from 9 p.m. 

until 10 p.m. on June 22, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0477 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0477 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the following location: 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 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 

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 the 

permit application was not received in 

time to publish an NPRM followed by 

a final rule before the effective date and 

immediate action is necessary to 

prevent possible loss of life and 

property that is potentially associated 

with this fireworks display. 

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 event, and 

immediate action is necessary to 

prevent possible loss of life and 

property. The Coast Guard has not 

received any complaints or negative 

comments previously with regard to 

events of this type and duration. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. Such hazards 

include obstructions to the waterway 

that may cause marine casualties and 

the explosive danger of fireworks and 

debris falling into the water that may 

cause death or serious bodily harm. 

Establishing a safety zone to control 

vessel movement around the location of 

the launch platform will help ensure the 

safety of persons and property at these 

events and help minimize the associated 

risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading, and 

launching of the Sigma Gamma 

Fireworks Display. The fireworks 

display will occur between 9 p.m. and 

10 p.m., June 22, 2009. 

The safety zone will encompass all 

U.S. waters of Lake St. Clair, off Ford’s 

Cove, within a 300-yard radius of the 

fireworks launch site located at position 

42°27′ N, 082°52′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated on 

scene patrol personnel. 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 

or his 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 


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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29135 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant 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 will 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 and operators of 

vessels intending to transit or anchor in 

a portion of Lake St. Clair near Grosse 

Pointe Farms, MI between 9 p.m. and 10 

p.m. on June 22, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will 

only be in effect for one hour. In the 

event that this temporary safety zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of the Port Detroit 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. 

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 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 023–01, 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 


cprice-sewell on PRODPC61 with RULES
29136 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

excluded, under figure 2–1, paragraph 

(34)(g) of the Instruction because it 

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 new temporary § 165.T09– 

0477 as follows: 

§ 165.T09–0477 Safety Zone; Sigma 

Gamma Fireworks; Lake St. Clair; Grosse 

Pointe Farms, MI. 

(a) Location. The following area is a 

temporary safety zone: all U.S. waters of 

Lake St. Clair, off Ford’s Cove, within a 

300-yard radius of the fireworks launch 

site located at position 42°27′ N, 082°52′ 

W. All geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Effective Period. This regulation is 

effective and will be enforced from 9 

p.m. until 10 p.m. on June 22, 2009. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone 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 is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port 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 safety zone shall 

contact the Captain of the Port Detroit 

or his 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 his on-scene 

representative. 

Dated: June 3, 2009. 

F.M. Midgette, 

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

Port Detroit. 

[FR Doc. E9–14389 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2008–0546; FRL–8919–9] 

RIN 2050–AG49 

Oil Pollution Prevention; NonTransportation Related Onshore and 

Offshore Facilities 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the dates by 

which facilities must prepare or amend 

their Spill Prevention, Control, and 

Countermeasure (SPCC) Plans, and 

implement those Plans to November 10, 

2010. The Agency is also establishing 

November 10, 2010 as the date for farms 

to prepare or amend their Spill 

Prevention, Control, and 

Countermeasure Plans (SPCC Plans), 

and implement those Plans. 

DATES: This final rule is effective June 

19, 2009. 

ADDRESSES: The public docket for this 

rulemaking, Docket ID No. EPA–HQ– 

OPA–2008–0546, contains the 

information related to this rulemaking, 

including the response to comment 

document. All documents in the docket 

are listed in index at the http:// 

www.regulations.gov. Although listed in 

the index, some information may not be 

publicly available, such as Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the EPA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number of the Public Reading Room is 

202–566–1744, and the telephone 

number to make an appointment to view 

the docket is 202–566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP and Oil 

Information Center at (800) 424–9346 or 

TDD (800) 553–7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call (703) 412–9810 or TDD (703) 

412–3323. For more detailed 

information on specific aspects of this 

final rule, contact either Vanessa 

Principe at (202) 564–7913 

(principe.vanessa@epa.gov) or Mark W. 

Howard at (202) 564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, Mail Code 

5104A. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Does This Action Apply to Me? 

Industry sector NAICS code 

Oil Production ...................................................................................................................................................................... 211111 

Farms ................................................................................................................................................................................... 111, 112 

Electric Utility Plants ............................................................................................................................................................ 2211 

Petroleum Refining and Related Industries ......................................................................................................................... 324 

Chemical Manufacturing ...................................................................................................................................................... 325 

Food Manufacturing ............................................................................................................................................................. 311, 312 

Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils .................................................................... 311, 325 

Metal Manufacturing ............................................................................................................................................................ 331, 332 

Other Manufacturing ............................................................................................................................................................ 31–33 

Real Estate Rental and Leasing .......................................................................................................................................... 531–533 


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