41040 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

Rate set 

For plans with a valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

191 ................................................................ 9–1–09 10–1–09 3.00 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

191, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

191 ................................................................ 9–1–09 10–1–09 3.00 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 6th day 

of August 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–19437 Filed 8–13–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0523] 

RIN 1625–AA00 

Safety Zones: Swim Events in Lake 

Champlain, NY, and VT; Casco Bay, 

Rockland Harbor, Linekin Bay, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing 5 temporary safety zones 

for various swim events within the 

Coast Guard Sector Northern New 

England area, including: the ‘‘Tri for a 

Cure Triathlon’’ in South Portland, 

Maine; the ‘‘Y-Tri for a Cure Triathlon’’ 

in Plattsburg, New York; the ‘‘Greater 

Burlington YMCA Lake Swim’’ in 

Burlington, Vermont; the ‘‘Rockland 

Breakwater Swim’’ in Rockland, Maine 

and the ‘‘Cabbage Island Swim’’ in 

Boothbay Harbor, Maine. These 

temporary safety zones are necessary to 

provide for the safety of life on the 

navigable waters by prohibiting 

spectators, vessels, and other users of 

the waterway from entering an area 

surrounding the participants of the 

swim events due to the hazards 

associated with multiple swimmers in 

close proximity to operating vessels. 

DATES: This rule is effective from 8 a.m. 

on August 8, 2009 until 12:30 p.m. on 

August 29, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0523 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–2009–0523 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 events. The 

Coast Guard did not receive notification 

of the exact location or proposed dates 

for the swim events in sufficient time to 

issue a NPRM for this rulemaking. 

Further, the expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of those involved in 

participating in the swim event, the 

spectators, and users of the waterway 

during the swim events. Finally, a delay 

or cancellation of the swim events in 

order to accommodate a notice and 

comment period is contrary to the 

public’s interest in this event occurring 

as scheduled. 

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. As noted above, the Coast 

Guard finds that it is both impractical 

and contrary to public interest to delay 

the effective date of this rule for 30 days 

after publication. Immediate action is 

needed in order to ensure the safety of 

the participants of the swim events, 

spectators and users of the waterway. 

The public will have some notice after 

publication in the Federal Register for 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41041 

the events scheduled near the end of 

August, specifically the Rockland 

Breakwater Swim. 

Background and Purpose 

The ‘‘Tri for a Cure Triathlon’’; the 

‘‘Y-Tri Triathlon’’; the ‘‘Greater 

Burlington YMCA Lake Swim’’; the 

‘‘Rockland Breakwater Swim’’ and the 

‘‘Cabbage Island Swim’’ are annual 

swimming events held in the month of 

August in the towns of Plattsburg, New 

York; Burlington, Vermont; South 

Portland, Rockland, and Linekin Bay in 

Boothbay, Maine. 

These regulations will establish fixed 

safety zones around the perimeter of the 

affected portions of the navigable waters 

of Plattsburg, Burlington, South 

Portland, Rockland and Linekin Bay. 

These safety zones are designed to 

protect, spectators from the hazards 

associated with swim events, and to 

protect the participants from the 

dangers of nearby vessel traffic by 

preventing entry into the zone during 

the enforcement time unless prior 

authorization is received by the Coast 

Guard Captain of the Port Sector 

Northern New England. Hazards include 

the vessels of both spectators and 

participants the risks to participants that 

could come in contact with vessels as 

well as the associated low visibility of 

the participants in the swim event. 

Discussion of Rule 

This rule creates the following 

temporary safety zones: ‘‘Y-Tri for a 

Cure Triathlon’’: All navigable waters of 

Lake Champlain within a 200 foot 

radius of the participants in the vicinity 

of Point Au State Park, Plattsburg, New 

York enclosed by an area starting at 

latitude 44°46′30′′ N, longitude 

073°23′26′′ W; latitude 44°46′17′′ N, 

longitude 073°23′26′′ W; latitude 

44°46′17′′ N, longitude 073°23′46′′ W; 

latitude 44°46′29′′ N, longitude 

073°23′46′′ W; and thence to the 

beginning. This safety zone will be 

enforced from 9 a.m. to 10 p.m. on 

August 8, 2009; 

‘‘Greater Burlington YMCA Lake 

Swim’’: All navigable waters of the Lake 

Champlain within a 200 foot radius of 

the participants in the vicinity of North 

Hero Island, Burlington, Vermont who 

are swimming in an area enclosed by a 

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

longitude 073°22′14′′ W; latitude 

44°47′08′′N, longitude 073°19′05′′ W; 

latitude 44°46′48′′N, longitude 

073°17′13′′ W; latitude 44°46′09′′N, 

longitude 073°16′39′′ W; latitude 

44°41′08′′N, longitude 073°20′58′′ W; 

and latitude 44°41′36′′ N, longitude 

073°23′01′′ W. This safety zone will be 

enforced from 8 a.m. to 6 p.m. on 

August 8, 2009; 

‘‘Tri for a Cure Triathlon’’: all 

navigable waters of the Casco Bay 

within a 200 foot radius of the 

participants who are swimming in the 

vicinity of Spring Point Light House, 

South Portland, Maine, specifically 

within an area enclosed by an area 

starting at latitude 43°39′01′′ N, 

longitude 070°13′32′′ W; latitude 

43°39′07′′ N, longitude 070°13′29′′ W; 

latitude 43°39′06′′ N, longitude 

070°13′41′′ W; and latitude 43°39′01′′ N, 

longitude 070°13′36′′ W. This safety 

zone will be enforced from 7:30 a.m. to 

11 a.m. on August 9, 2009; 

‘‘Rockland Breakwater Swim’’: All 

navigable waters of Rockland Harbor 

within a 200 foot radius of the 

participants swimming in the vicinity of 

Rockland Breakwater, Rockland, Maine 

enclosed by an area starting at latitude 

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

latitude 44°06′13′′ N, longitude 

069°04′36′′ W; 44°06′12′′ N, longitude 

069°04′43′′ W; latitude 44°06′17′′ N, 

longitude 069°04′44′′ W; and latitude 

44°06′17′′ N, longitude 069°04′40′′ W. 

This safety zone will be enforced from 

8:30 a.m. to 12:30 p.m. on August 29, 

2009; 

‘‘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 enclosed by an area starting at 

latitude 43°50′37′′ N, longitude 

069°36′23′′ W; latitude 43°50′37′′ N, 

longitude 069°36′59′′ W; latitude 

43°50′16′′ N, longitude 069°36′46′′ W; 

and latitude 43°50′22′′ N, longitude 

069°36′21′′ W. This safety zone will be 

enforced from 1 p.m. to 6 p.m. on 

August 8, 2009. 

During the times when the safety 

zones are enforced, vessel traffic will be 

restricted within the designated 

locations. Entry into these zones by any 

person or vessel will be prohibited 

unless specifically authorized by the 

Captain of the Port Sector Northern New 

England, or his designated 

representatives. 

The Coast Guard has determined that 

the safety zones will not have a 

significant impact on commercial vessel 

traffic due to the temporary nature of 

the zones’ time and scope. The zones 

have been limited to the areas 

surrounding the events and they will be 

enforced only during the times of the 

swim event. Public notifications will be 

made via marine information broadcasts 

during the effective period of these 

safety zones. 

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 Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons: The safety 

zones will be of limited duration, cover 

only a small portion of the navigable 

waterways and the events are designed 

to avoid, to the extent practicable, deep 

draft, fishing, and recreational boating 

traffic routes. In addition, vessels may 

be authorized to transit the zone with 

permission of the Captain of the Port 

Sector Northern New England; and 

maritime advisories will be broadcast 

during the duration of the enforcement 

periods. 

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 or anchor in 

the designated safety zones during the 

enforcement periods stated above. 

The safety zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The safety zones 

are of limited size and of short duration 

and vessels that can safely do so may 

navigate in all other portions of the 

waterways except for the area 

designated as a safety zone. 

Additionally, before the enforcement 

periods, the Coast Guard will issue 

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41042 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

maritime advisories via marine 

broadcasts and advisories. 

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 

involves the establishment of safety 

zones. An environmental analysis 

checklist and a categorical exclusion 

determination will be available for 

review 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. 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107– 

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0523 to read as 

follows: 

§ 165.T01–0523 Safety Zones: Swim 

Events in Lake Champlain, NY, and VT; 

Casco Bay, Rockland Harbor, Linekin Bay, 

ME. 

(a) Locations. The following areas are 

temporary safety zones: 

(1) For the ‘‘Y-Tri for a Cure 

Triathlon’’: All navigable waters of Lake 

Champlain within a 200-foot radius of 

the participants swimming in the 

vicinity of Point Au State Park, 

Plattsburg, New York within an area 

enclosed by a line starting at latitude 

44°46′30′′ N, longitude 073°23′26′′ W; 

thence to latitude 44°46′17′′ N, 

longitude 073°23′26′′ W; thence to 

latitude 44°46′17′′ N, longitude 

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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. 

mstockstill on DSKH9S0YB1PROD with RULES