Special Local Regulation; Harrison Township Grand Prix, Lake St. Clair; Harrison Township, MI, 21194-21197 [2010-9499]

Download as PDF 21194 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules on the east by a north-south line starting on land in Detroit at position 42°21′03″ N; 082°57′07″ W, and extending south to a point on Belle Isle at position 42°21′00″ N; 082°57′07″ W. (DATUM: NAD 83). (b) Effective Period. This regulation is effective from 7 a.m. on July 7, 2010, to 7 p.m. on July 11, 2010. This regulation will be enforced daily from 7 a.m. until 7 p.m. on July 7–11, 2010. (c) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into, and transiting or anchoring within this special local regulation area is prohibited unless authorized by the Captain of the Port Detroit, or his designated on-scene representative. (2) This special local regulation area 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 special local regulation area 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 special local regulation area must comply with all directions given to them by the Captain of the Port or his on-scene representative. Dated: April 8, 2010. E.J. Marohn, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit. [FR Doc. 2010–9492 Filed 4–22–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY mstockstill on DSKH9S0YB1PROD with PROPOSALS Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–0279] RIN 1625–AA08 Special Local Regulation; Harrison Township Grand Prix, Lake St. Clair; Harrison Township, MI AGENCY: Coast Guard, DHS. VerDate Nov<24>2008 15:48 Apr 22, 2010 Jkt 220001 ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes establishing a temporary special local regulation in the Captain of the Port Detroit Zone on Lake St. Clair, Harrison Township, Michigan. This special local regulation is intended to restrict vessels from portions of Lake St. Clair during the Harrison Township Grand Prix. This special local regulation is necessary to protect spectators and vessels from the hazards associated with powerboat races. DATES: Comments and related material must be received by the Coast Guard on or before May 24, 2010. ADDRESSES: You may submit comments identified by docket number USCG– 2010–0279 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: 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– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail CDR Joseph Snowden, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568–9580, e-mail Joseph.H.Snowden@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 rulemaking (USCG–2010–0279), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via https:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via https:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2010–0279’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2010– 0279’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. E:\FR\FM\23APP1.SGM 23APP1 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. mstockstill on DSKH9S0YB1PROD with PROPOSALS Background and Purpose This temporary special local regulation is necessary to ensure the safety of vessels and spectators from hazards associated with a powerboat race. The Captain of the Port Detroit has determined powerboat races in close proximity to watercraft and infrastructure pose significant risk to public safety and property. The likely combination of large numbers of recreation vessels, powerboats traveling at high speeds, and large numbers of spectators in close proximity to the water could easily result in serious injuries or fatalities. Establishing a special local regulation around the location of the race course will help ensure the safety of persons and property at these events and help minimize the associated risks. Discussion of Proposed Rule This proposed temporary special local regulation is necessary to ensure the safety of spectators and vessels during the setup, course familiarization, testing and race in conjunction with the Harrison Township Grand Prix. The powerboat races will occur between 10 a.m. and 4 p.m. on July 17 and 18, 2010. The special local regulation will be enforced daily from 10 a.m. to 4 p.m. on July 17–18, 2010. The special local regulation will encompass all waters of Lake St. Clair, near Harrison Township, MI, bound by a line extending from a starting point in Lake St. Clair located at position 42°32′ 44″ N, 082°50′42″ W; traveling southeast to position 42°32′10″ N, 082°47′50″ W; northeast to position 42°34′07″ N, 082°47′30″ W; west to position 42°34′05″ N, 082°49′35″ W; and southwest to the point of origin at VerDate Nov<24>2008 15:48 Apr 22, 2010 Jkt 220001 position 42°32′ 44″ N, 082°50′42″ W;. This regulated navigation area encompasses the entire race course located in Lake St. Clair near Metro Beach, Harrison Township. 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 special local regulation area is prohibited unless authorized by the Captain of the Port Detroit or his designated on scene representative. The Captain of the Port or his on scene representative may be contacted via VHF Channel 16. Regulatory Analyses We developed this proposed 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 proposed 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 proposed 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 special regulation area and the special regulation area is located where the Coast Guard expects minimal adverse impact to mariners from the special regulation area’s activation. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed 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 proposed 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 might be small PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 21195 entities: The owners and operators of vessels intending to transit or anchor in a portion of Lake St. Clair near Harrison Township, MI, between 10 a.m. on July 17, and 4 p.m. on July 18, 2010. This special local regulation area will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will only be enforced for six hours on each day for two days total. In the event that this temporary special local regulation affects shipping, commercial vessels may request permission from the Captain of the Port Detroit to transit through the special local regulation area. The Coast Guard will give notice to the public via a Broadcast Notice to Mariners that the regulation is in effect and when it is being enforced. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact CDR Joseph Snowden, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568–9580, e-mail Joseph.H.Snowden@uscg.mil. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call 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 proposed rule under that Order and have determined that it does not have implications for federalism. E:\FR\FM\23APP1.SGM 23APP1 21196 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would 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 proposed 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. mstockstill on DSKH9S0YB1PROD with PROPOSALS Protection of Children We have analyzed this proposed 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 The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that this rule and fishing rights protection need not be incompatible. We have also determined that this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. Nevertheless, Indian Tribes that have questions concerning the provisions of this proposed rule or options for compliance are encouraged to contact VerDate Nov<24>2008 15:48 Apr 22, 2010 Jkt 220001 the point of contact listed under FOR FURTHER INFORMATION CONTACT. Energy Effects We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed 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 made a preliminary determination that 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 involves the establishment of a special local regulation. Based on our preliminary determination, there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded. Because this event establishes a special PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 local regulation, paragraph (34)(h) of figure 2–1 of the Instruction applies. Thus, no further environmental documentation is required. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 2. Add a new temporary § 100.35T09– 0279 as follows: § 100.35T09–0279 Special Local Regulation; Harrison Township Grand Prix; Lake St. Clair; Harrison Township, MI. (a) Location. The following is a temporary special local regulation area: All waters of Lake St. Clair, near Harrison Township, MI, bound by a line extending from a starting point in Lake St. Clair located at position 42°32′44″ N, 082°50′42″ W; traveling southeast to position 42°32′10″ N, 082°47′50″ W; northeast to position 42°34′07″ N, 082°47′30″ W; west to position 42°34′05″ N, 082°49′35″ W; and southwest to the point of origin at position 42°32′44″ N, 082°50′42″ W. This regulated navigation area encompasses the entire race course located in Lake St. Clair near Metro Beach, Harrison Township. (DATUM: NAD 83). (b) Effective Period. This regulation is effective from 10 a.m. on July 17, 2010, to 4 p.m. on July 18, 2010. This regulation will be enforced daily from 10 a.m. until 4 p.m. on July 17–18, 2010. (c) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into, and transiting or anchoring within this special local regulation area is prohibited unless authorized by the Captain of the Port Detroit, or his onscene representative. (2) This special local regulation area is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his 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 E:\FR\FM\23APP1.SGM 23APP1 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Proposed Rules 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. (4) Vessel operators desiring to enter or operate within the special local regulation area shall contact the Captain of the Port Detroit or his on-scene representative to obtain permission to do so. The Captain of the Port or his designated on scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the special local regulation area must comply with all directions given to them by the Captain of the Port or his on-scene representative. Dated: April 9, 2010. E.J. Marohn, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit. [FR Doc. 2010–9499 Filed 4–22–10; 8:45 am] BILLING CODE 9110–04–P This document proposes to take action on SIP revisions pertaining to the State of New Mexico. We have published a direct final rule approving the State’s SIP revisions in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based upon this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION AGENCY Dated: April 9, 2010. Lawrence E. Starfield, Acting Regional Administrator, Region 6. 40 CFR Part 52 [FR Doc. 2010–9365 Filed 4–22–10; 8:45 am] [EPA–R06–OAR–2006–0990; FRL–9140–9] BILLING CODE 6560–50–P Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Revisions to New Mexico Transportation Conformity Regulations ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Proposed rule. [EPA–R02–OAR–2010–0161, FRL–9141–5] mstockstill on DSKH9S0YB1PROD with PROPOSALS AGENCY: SUMMARY: EPA is proposing to approve revisions to the New Mexico State Implementation Plan (SIP) concerning the State transportation conformity rules. The plan revisions are intended to ensure consistency with amendments to the Federal Transportation Conformity Rule. These plan revisions meet statutory and regulatory requirements, and are consistent with EPA’s guidance. DATES: Written comments should be received on or before May 24, 2010. ADDRESSES: Please see the related direct final rule, which is located in the ‘‘Rules and Regulations’’ section of this Federal Register, for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone 214–665–8542; fax number 214–665–7263; e-mail address riley.jeffrey@epa.gov. VerDate Nov<24>2008 15:48 Apr 22, 2010 Jkt 220001 40 CFR Part 52 Approval and Promulgation of Implementation Plans; Implementation Plan Revision; State of New Jersey AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency (EPA) proposes to approve a request from the State of New Jersey to revise its State Implementation Plan (SIP) to incorporate amendments to Subchapter 4 ‘‘Control and Prohibition of Particles from Combustion of Fuel,’’ Subchapter 10 ‘‘Sulfur in Solid Fuels,’’ Subchapter 16 ‘‘Control and Prohibition of Air Pollution by Volatile Organic Compounds,’’ Subchapter 19 ‘‘Control and Prohibition of Air Pollution from Oxides of Nitrogen,’’ and related amendments to Subchapter 21 ‘‘Emission Statements.’’ The amendments relate to the control of oxides of nitrogen (NOX), sulfur dioxide (SO2), particles and volatile organic compounds (VOCs) from stationary sources. This proposed SIP revision PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 21197 consists of control measures needed to meet the State’s commitment to adopt additional reasonably available control technology (RACT) rules that address RACT requirements for the 1997 national ambient air quality standards for ozone. Additionally, the proposed SIP revision includes control measures that will help the State meet the national ambient air quality standards for fine particles. The intended effect of this proposed rule is to approve the State control strategy, which will result in emission reductions that will help achieve attainment of the national ambient air quality standards for ozone and fine particles required by the Clean Air Act (the Act). DATES: Comments must be received on or before May 24, 2010. ADDRESSES: Submit your comments, identified by Docket ID number EPA– R02–OAR–2010–0161, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: Werner.Raymond@epa.gov. • Fax: 212–637–3901. • Mail: Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007–1866. • Hand Delivery: Raymond Werner, Chief, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007– 1866. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30 excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R02–OAR–2010– 0161. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The https:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly E:\FR\FM\23APP1.SGM 23APP1

Agencies

[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Proposed Rules]
[Pages 21194-21197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9499]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0279]
RIN 1625-AA08


Special Local Regulation; Harrison Township Grand Prix, Lake St. 
Clair; Harrison Township, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes establishing a temporary special 
local regulation in the Captain of the Port Detroit Zone on Lake St. 
Clair, Harrison Township, Michigan. This special local regulation is 
intended to restrict vessels from portions of Lake St. Clair during the 
Harrison Township Grand Prix. This special local regulation is 
necessary to protect spectators and vessels from the hazards associated 
with powerboat races.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 24, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0279 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail CDR Joseph Snowden, Prevention Department, Sector 
Detroit, Coast Guard; telephone (313) 568-9580, e-mail 
Joseph.H.Snowden@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0279), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via https://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via https://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0279'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0279'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

[[Page 21195]]

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with a 
powerboat race. The Captain of the Port Detroit has determined 
powerboat races in close proximity to watercraft and infrastructure 
pose significant risk to public safety and property. The likely 
combination of large numbers of recreation vessels, powerboats 
traveling at high speeds, and large numbers of spectators in close 
proximity to the water could easily result in serious injuries or 
fatalities. Establishing a special local regulation around the location 
of the race course will help ensure the safety of persons and property 
at these events and help minimize the associated risks.

Discussion of Proposed Rule

    This proposed temporary special local regulation is necessary to 
ensure the safety of spectators and vessels during the setup, course 
familiarization, testing and race in conjunction with the Harrison 
Township Grand Prix. The powerboat races will occur between 10 a.m. and 
4 p.m. on July 17 and 18, 2010. The special local regulation will be 
enforced daily from 10 a.m. to 4 p.m. on July 17-18, 2010.
    The special local regulation will encompass all waters of Lake St. 
Clair, near Harrison Township, MI, bound by a line extending from a 
starting point in Lake St. Clair located at position 42[deg]32' 44'' N, 
082[deg]50'42'' W; traveling southeast to position 42[deg]32'10'' N, 
082[deg]47'50'' W; northeast to position 42[deg]34'07'' N, 
082[deg]47'30'' W; west to position 42[deg]34'05'' N, 082[deg]49'35'' 
W; and southwest to the point of origin at position 42[deg]32' 44'' N, 
082[deg]50'42'' W;. This regulated navigation area encompasses the 
entire race course located in Lake St. Clair near Metro Beach, Harrison 
Township. 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 special 
local regulation area is prohibited unless authorized by the Captain of 
the Port Detroit or his designated on scene representative. The Captain 
of the Port or his on scene representative may be contacted via VHF 
Channel 16.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed 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 special regulation area 
and the special regulation area is located where the Coast Guard 
expects minimal adverse impact to mariners from the special regulation 
area's activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
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 might 
be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of Lake St. Clair near Harrison 
Township, MI, between 10 a.m. on July 17, and 4 p.m. on July 18, 2010.
    This special local regulation area will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: This rule will only be enforced for six hours on 
each day for two days total. In the event that this temporary special 
local regulation affects shipping, commercial vessels may request 
permission from the Captain of the Port Detroit to transit through the 
special local regulation area. The Coast Guard will give notice to the 
public via a Broadcast Notice to Mariners that the regulation is in 
effect and when it is being enforced.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact CDR Joseph Snowden, Prevention 
Department, Sector Detroit, Coast Guard; telephone (313) 568-9580, e-
mail Joseph.H.Snowden@uscg.mil. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

[[Page 21196]]

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that this rule and fishing rights 
protection need not be incompatible. We have also determined that this 
proposed rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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. Nevertheless, Indian 
Tribes that have questions concerning the provisions of this proposed 
rule or options for compliance are encouraged to contact the point of 
contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that 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 involves the 
establishment of a special local regulation. Based on our preliminary 
determination, there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, we believe that this rule should be categorically excluded. 
Because this event establishes a special local regulation, paragraph 
(34)(h) of figure 2-1 of the Instruction applies. Thus, no further 
environmental documentation is required. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add a new temporary Sec.  100.35T09-0279 as follows:


Sec.  100.35T09-0279  Special Local Regulation; Harrison Township Grand 
Prix; Lake St. Clair; Harrison Township, MI.

    (a) Location. The following is a temporary special local regulation 
area: All waters of Lake St. Clair, near Harrison Township, MI, bound 
by a line extending from a starting point in Lake St. Clair located at 
position 42[deg]32'44'' N, 082[deg]50'42'' W; traveling southeast to 
position 42[deg]32'10'' N, 082[deg]47'50'' W; northeast to position 
42[deg]34'07'' N, 082[deg]47'30'' W; west to position 42[deg]34'05'' N, 
082[deg]49'35'' W; and southwest to the point of origin at position 
42[deg]32'44'' N, 082[deg]50'42'' W. This regulated navigation area 
encompasses the entire race course located in Lake St. Clair near Metro 
Beach, Harrison Township. (DATUM: NAD 83).
    (b) Effective Period. This regulation is effective from 10 a.m. on 
July 17, 2010, to 4 p.m. on July 18, 2010. This regulation will be 
enforced daily from 10 a.m. until 4 p.m. on July 17-18, 2010.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  100.35 of 
this part, entry into, and transiting or anchoring within this special 
local regulation area is prohibited unless authorized by the Captain of 
the Port Detroit, or his on-scene representative.
    (2) This special local regulation area is closed to all vessel 
traffic, except as may be permitted by the Captain of the Port Detroit 
or his 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

[[Page 21197]]

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.
    (4) Vessel operators desiring to enter or operate within the 
special local regulation area shall contact the Captain of the Port 
Detroit or his on-scene representative to obtain permission to do so. 
The Captain of the Port or his designated on scene representative may 
be contacted via VHF Channel 16. Vessel operators given permission to 
enter or operate in the special local regulation area must comply with 
all directions given to them by the Captain of the Port or his on-scene 
representative.

    Dated: April 9, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-9499 Filed 4-22-10; 8:45 am]
BILLING CODE 9110-04-P
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