Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41043 

073°23′46′′ W; thence to latitude 

44°46′29′′ N, longitude 073°23′46′′ W; 

and thence to the beginning. 

(2) For the ‘‘Greater Burlington YMCA 

Lake Swim’’: All navigable waters of the 

Lake Champlain within a 200-foot 

radius of the participants swimming in 

the vicinity of North Hero Island, 

Burlington, Vermont in an area enclosed 

by a line starting at latitude 44°46′55′′ N, 

longitude 073°22′14′′ W; thence to 

latitude 44°47′08′′ N, longitude 

073°19′05′′ W; thence to latitude 

44°46′48′′ N, longitude 073°17′13′′ W; 

thence to latitude 44°46′09′′ N, 

longitude 073°16′39′′ W; thence to 

latitude 44°41′08′′ N, longitude 

073°20′58′′ W; and thence to latitude 

44°41′36′′ N, longitude 073°23′01′′ W. 

(3) For the ‘‘Tri for a Cure Triathlon’’: 

All navigable waters of Casco Bay 

within a 200-foot radius of the 

participants swimming in the vicinity of 

Spring Point Light House in South 

Portland, Maine within an area enclosed 

by a line starting at latitude 43°39′01′′ N, 

longitude 070°13′32′′ W; thence to 

latitude 43°39′07′′ N, longitude 

070°13′29′′ W; thence to latitude 

43°39′06′′ N, longitude 070°13′41′′ W; 

and thence to latitude 43°39′01′′ N, 

longitude 070°13′36′′ W. 

(4) For the ‘‘Rockland Breakwater 

Swim’’: All navigable waters of 

Rockland Harbor within 200-foot radius 

of the participants swimming in the 

vicinity of Rockland Breakwater, 

Rockland, Maine within an area 

enclosed by a line starting at latitude 

44°06′16′′ N, longitude 069°04′39′′ W; 

thence to latitude 44°06′13′′ N, 

longitude 069°04′36′′ W; thence to 

latitude 44°06′12′′ N, longitude 

069°04′43′′ W; thence to latitude 

44°06′17′′ N, longitude 069°04′44′′ W; 

and thence to latitude 44°06′18′′ N, 

longitude 69°04′41′′ W. 

(5) For the ‘‘Cabbage Island Swim’’: 

All navigable waters of Linekin Bay 

within a 200-foot radius of the 

participants swimming in the vicinity of 

Cabbage Island and Sprucewold Beach 

in Boothbay Harbor, Maine within an 

area enclosed by a line starting at 

latitude 43°50′37′′ N, longitude 

069°36′23′′ W; thence to latitude 

43°50′37′′ N, longitude 069°36′59′′ W; 

thence to latitude 43°50′16′′ N, 

longitude 069°36′46′′ W; and thence to 

latitude 43°50′22′′ N, longitude 

069°36′21′′ W. 

(b) Enforcement Period. The 

temporary safety zones noted above will 

be enforced during the following dates 

and times: 

(1) For the ‘‘Y-Tri Triathlon’’: August 

08, 2009, between 9 a.m. to 10 p.m. 

(2) For the ‘‘Greater Burlington YMCA 

Lake Swim’’: August 08, 2009, between 

8 a.m. to 6 p.m. 

(3) For the ‘‘Tri for a Cure Triathlon’’: 

August 09, 2009, between 7:30 a.m. to 

11 a.m. 

(4) For the ‘‘Rockland Breakwater 

Swim’’ August 29, 2009, between 8:30 

a.m. to 12:30 p.m. 

(5) For the ‘‘Cabbage Island Swim’’: 

August 08, 2009, between 1 p.m. to 6 

p.m. 

(c) Regulations. 

(1) In accordance with the general 

regulations in 33 CFR 165.23, during the 

enforcement period, entry into, 

transiting, remaining within or 

anchoring in these safety zones is 

prohibited unless authorized by the 

Captain of the Port Sector Northern New 

England or his designated 

representatives. 

(2) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Sector Northern New England to act on 

his behalf. The designated 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. 

(3) Vessel operators desiring to enter 

or operate within the safety zones shall 

contact the Captain of the Port Sector 

Northern New England or his 

designated representative via VHF 

Channel 16 to obtain permission to do 

so. 

(4) Vessel operators given permission 

to enter or operate in the safety zones 

must comply with all directions given to 

them by the Captain of the Port Sector 

Northern New England or his 

designated representatives. 

Dated: August 4, 2009. 

J.B. McPherson, 

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

Port, Sector Northern New England. 

[FR Doc. E9–19548 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0594] 

RIN 1625–AA00 

Safety Zone; Missouri River, Mile 366.3 

to 369.8 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Missouri River, Mile 

366.3 to 369.8, extending the entire 

width of the river. This safety zone is 

needed to protect persons and vessels 

from safety hazards associated with an 

aerial display occurring over a portion 

of the Missouri River. Entry into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Upper Mississippi River or a designated 

representative. 

DATES: This rule is effective from 12 

p.m. until 5 p.m. CDT on August 21, 

2009, and from 11:30 a.m. until 5 p.m. 

CDT, each day, on August 22 and 23, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0594 and are available online by going 

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

USCG–2009–0594 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 Lieutenant 

Commander (LCDR) Matthew Barker, 

Sector Upper Mississippi River 

Response Department at telephone 

(314) 269–2540, e-mail 

Matthew.P.Barker@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. Publishing an 

NPRM would be contrary to the public 

interest because immediate action is 

needed to protect vessels and mariners 

from the safety hazards associated with 

a fireworks display. 

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41044 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

For the same reason, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

On August 21, 22, and 23, 2009, the 

U.S. Air Force Thunderbirds will be 

conducting a fixed wing air show 

between mile 366.3 and 369.8 on the 

Missouri River. This event presents 

safety hazards to the navigation of 

vessels between mile 366.3 and mile 

369.8, extending the entire width of the 

river. The Captain of the Port Upper 

Mississippi River will inform the public 

of all safety zone changes through 

broadcast notice to mariners. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone for all waters of the Missouri 

River, Mile 366.3 to 369.8, extending the 

entire width of the river. Entry into this 

zone is prohibited to all vessels and 

persons except participants and those 

persons and vessels specifically 

authorized by the Captain of the Port 

Upper Mississippi River. This rule is 

effective from 12 p.m. until 5 p.m. CDT 

on August 21, 2009 and from 11:30 a.m. 

until 5 p.m. CDT on August 22 & 23, 

2009. The Captain of the Port Upper 

Mississippi River will inform the public 

through broadcast notice to mariners of 

all safety zone changes and enforcement 

periods. 

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. The economic impact of this 

temporary rule is expected to be 

minimal because of the small size and 

short duration of the safety zone. 

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 or operators of 

vessels intending to transit the Missouri 

River, Mile 366.3 to 369.8, from 12 p.m. 

until 5 p.m. CDT on August 21, 2009 

and from 11:30 a.m. until 5 p.m. CDT 

on August 22 & 23, 2009. This safety 

zone will not have a significant 

economic impact on a substantial 

number of small entities because it will 

cover a relatively small area and only be 

in effect for a short period of time. 

If you are a small business entity and 

are significantly affected by this 

regulation, please contact LCDR 

Matthew Barker, Sector Upper 

Mississippi River at (314) 269–2540. 

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 they could 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

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 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41045 

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 

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 because the 

rule creates 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, 

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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T09–0594 to 

read as follows: 

§ 165.T09–0594 Safety Zone; Missouri 

River, Mile 366.3 to 369.8. 

(a) Location. The following area is a 

safety zone: all waters of the Missouri 

River, Mile 366.3 to 369.8 extending the 

entire width of the waterway. 

(b) Effective date. This rule is effective 

from 12 p.m. until 5 p.m. CDT on 

August 21, 2009 and from 11:30 a.m. 

until 5 p.m. CDT, each day, on August 

22 and 23, 2009. 

(c) Periods of Enforcement. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at 

(314) 269–2332. 

(3) All persons and vessels must 

comply with the instructions of the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

Designated Captain of the Port 

representatives include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard. 

Dated: June 30, 2009. 

S.L. Hudson, 

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

Port Upper Mississippi River. 

[FR Doc. E9–19551 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0524] 

RIN 1625–AA00 

Safety Zone; MS Harborfest Tugboat 

Races in Casco Bay, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the MS Harborfest Tugboat Races in 

Casco Bay, Maine. This temporary safety 

zone is necessary to provide for the 

safety of life on the navigable waters by 

prohibiting spectators, vessels, and 

other users of the waterway from 

entering the area surrounding the 

tugboat races due to the hazards 

associated with the tugboat races. 

DATES: This rule is effective from 11 

a.m. until 4 p.m. on August 16, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0524 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–2009–0524 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 Petty Officer 

Randy Bucklin, Coast Guard Sector 

Northern New England, Waterways 

Management Division; telephone 

207–741–5440, e-mail 

Randy.Bucklin@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 a 

notice and comment period would be 

impracticable due to the time 

constraints resulting from the 

immediacy of the upcoming event. The 

Coast Guard did not receive notification 

of the exact location or proposed date 

for the boating event in sufficient time 

mstockstill on DSKH9S0YB1PROD with RULES