43060 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 

the bow of a tow containing one or more 

barges, while transiting the regulated 

navigation area. The bow boat must be 

capable of preventing a tow containing 

one or more barges from coming into 

contact with the shore and other moored 

vessels. 

Designated representatives means the 

Captain of the Port Lake Michigan and 

Commanding Officer, Marine Safety 

Unit Chicago. 

Hazardous material means any 

material as defined in 46 CFR 150.115. 

Red flag barge means any barge 

certificated to carry any hazardous 

material in bulk. 

(2) Notice of enforcement or 

suspension of enforcement. The Captain 

of the Port Lake Michigan will enforce 

the Regulated Navigation Area 

established by this section only upon 

notice. Captain of the Port Lake 

Michigan will cause notice of the 

enforcement of this regulated navigation 

area to be made by all appropriate 

means to effect the widest publicity 

among the affected segments of the 

public including publication in the 

Federal Register as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification may also include 

but are not limited to, Broadcast Notice 

to Mariners or Local Notice to Mariners. 

The Captain of the Port Lake Michigan 

will issue a Broadcast Notice to 

Mariners and Local Notice to Mariners 

notifying the public when enforcement 

of these safety zones is suspended. 

(3) Regulations. (i) The general 

regulations contained in 33 CFR 165.13 

apply. 

(ii) All up-bound and down-bound 

barge tows that contain one or more red 

flag barges transiting through the 

regulated navigation area must be 

assisted by a bow boat until the entire 

tow is clear of the regulated navigation 

area. 

(iii) Vessels engaged in commercial 

service, as defined in 46 U.S.C. 2101(5), 

may not pass (meet or overtake) in the 

regulated navigation area and must 

make a SECURITE call when 

approaching the regulated navigation 

area to announce intentions and work 

out passing arrangements on either side. 

(iv) Commercial tows transiting the 

regulated navigation area must be made 

up with wire rope to ensure electrical 

connectivity between all segments of the 

tow. 

(v) All vessels are prohibited from 

loitering between the Romeo Road 

Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge). 

(vi) Vessels may enter the waters 

between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge) for the sole 

purpose of transiting to the other side 

and must maintain headway throughout 

the transit. All vessels and persons are 

prohibited from dredging, laying cable, 

dragging, fishing, conducting salvage 

operations, or any other activity, which 

could disturb the bottom of the canal in 

the area located between the Romeo 

Road Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge). 

(vii) All personnel on open decks 

must wear a Coast Guard approved Type 

I personal flotation device while in the 

waters between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge). 

(viii) Vessels may not moor or lay up 

on the right or left descending banks of 

the waters between the Romeo Road 

Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge). 

(ix) Towboats may not make or break 

tows if any portion of the towboat or 

tow is located in the waters between the 

Romeo Road Bridge (approximate mile 

marker 296.18) and mile marker 296.7 

(aerial pipeline located approximately 

0.51 miles north east of Romeo Road 

Bridge). 

(4) Compliance. All persons and 

vessels must comply with this section 

and any additional instructions or 

orders of the Ninth Coast Guard District 

Commander, or his designated 

representatives. 

(5) Waiver. For any vessel, the Ninth 

Coast Guard District Commander, or his 

designated representatives, may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of vessel and mariner safety. 

Dated: August 17, 2009. 

D.R. Callahan, 

Captain, U.S. Coast Guard, Commander, 

Ninth Coast Guard District, Acting. 

[FR Doc. E9–20619 Filed 8–24–09; 11:15 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0359] 

RIN 1625–AA00 

Safety Zone; Sabine River, Orange, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

a portion of the Sabine River, shoreline 

to shoreline, adjacent to the Naval 

Reserve Center and the Orange public 

boat ramps located in Orange, Texas. 

With the exception of participating 

vessels and patrol craft, entry into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port, 

Port Arthur, or a designated 

representative. This safety zone is 

needed to protect spectators and vessels 

from potential safety hazards associated 

with a high speed boat race. 

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

on September 19, 2009, until 6 p.m. on 

September 20, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0359 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0359 in the ’’Keyword’’ box, and 

then clicking ’’Search.’’ This material is 

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 Mr. Scott Whalen, 

USCG, Marine Safety Unit Port Arthur, 

TX; telephone (409) 719–5806, e-mail 

scott.k.whalen@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 

On June 12, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Safety Zone; Sabine River, 

Orange, TX’’ in the Federal Register (74 

FR 27953). We received no comments 

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Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 43061 

on the proposed rule. No public meeting 

was requested, and none was held. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to protect vessels and mariners 

from the safety hazards associated with 

a high speed boat race. 

Background and Purpose 

The City of Orange is sponsoring high 

speed boat races on the Sabine River in 

Orange, Texas on September 19 and 20, 

2009. Race boats will be traveling at a 

very high rate of speed and at times may 

not be able to stop or avoid a collision 

if spectator or other vessels are 

operating in close proximity to the race 

course. The proposed safety zone is 

needed to protect the race boats, persons 

and spectators from the potential safety 

hazards associated with high speed boat 

races. 

The safety zone will cover a portion 

of the Sabine River, from shoreline to 

shoreline, adjacent to the Naval Reserve 

Center and the Orange public boat 

ramps in Orange, Texas. The northern 

boundary of the safety zone will be from 

the end of Navy Pier One at 30°05′45′′ 

N and 93°43′24′′ W, then easterly to the 

river’s eastern shore. The southern 

boundary is a line shoreline to shoreline 

at latitude 30°05′33′′ N. 

Discussion of Comments and Changes 

No comments were received and no 

changes have been made to the 

proposed rule published in the Federal 

Register. 

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. 

This rule will only be in effect for 9 

hours each day and notifications to the 

marine community will be made 

through broadcast notice to mariners 

and Marine Safety Information Bulletin. 

During non-enforcement hours, all 

vessels will be allowed to transit 

through the safety zone without 

permission of the Captain of the Port, 

Port Arthur or a designated 

representative. Additionally, two breaks 

will be provided to allow all waiting 

vessels to transit safely through the 

safety zone. The impacts on routine 

navigation are expected to be minimal. 

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 for 

the following reasons: (1) This rule will 

only be enforced from 9 a.m. until 6 

p.m. each day that it is effective; (2) 

during non-enforcement hours, all 

vessels will be allowed to transit 

through the safety zone without having 

to obtain permission from the Captain of 

the Port, Port Arthur or a designated 

representative; and, (3) vessels will be 

allowed to pass through the zone with 

permission of the Coast Guard Patrol 

Commander during scheduled break 

periods between races and at other 

times when permitted by the Coast 

Guard Patrol Commander. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that 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 

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43062 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 

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 because the 

rule establishes a temporary safety zone. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T08–0359 to 

read as follows: 

§ 165.T08–0359 Safety Zone; Sabine River, 

Orange, TX. 

(a) Definitions. As used in this 

section, Participant Vessel means all 

vessels officially registered with event 

officials to race or work in the event. 

These vessels include race boats, rescue 

boats, tow boats, and picket boats 

associated with the race. 

(b) Location. The following area is a 

safety zone: All waters of the Sabine 

River, from shoreline to shoreline, 

adjacent to the Naval Reserve Unit and 

the Orange public boat ramps located in 

Orange, Texas. The northern boundary 

is from the end of Navy Pier One at 

30°05′45′′ N and 93°43′24′′ W then 

easterly to the river’s eastern shore. The 

southern boundary is a line from 

shoreline to shoreline at latitude 

30°05′33′′ N. 

(c) Effective date. This rule is effective 

from 9 a.m. on September 19, 2009 until 

6 p.m. on September 20, 2009. 

(d) Periods of Enforcement. This rule 

will be enforced from 9 a.m. until 6 p.m. 

on September 19, 2009, and 9 a.m. until 

6 p.m. on September 20, 2009. The 

Captain of the Port, Port Arthur will 

inform the public through broadcast 

notice to mariners of the enforcement 

periods for the safety zone. 

(e) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited to all vessels except 

participant vessels and those vessels 

specifically authorized by the Captain of 

the Port, Port Arthur 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, Port Arthur, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (409) 723–6500. 

(3) All persons and vessels must 

comply with the instructions of the 

Captain of the Port, Port Arthur, 

designated representatives and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: July 22, 2009. 

J.J. Plunkett, 

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

Port, Port Arthur. 

[FR Doc. E9–20512 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 010319075–1217–02] 

RIN 0648–XP75 

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Part-time Category 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; tilefish Parttime permit category closure. 

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landings (TAL) available to 

the tilefish Part-time permit category for 

the 2009 fishing year has been 

harvested. Therefore, commercial 

vessels fishing under the Part-time 

tilefish category may not harvest tilefish 

from within the Golden Tilefish 

Management Unit for the remainder of 

the 2009 fishing year. Regulations 

governing the tilefish fishery require 

publication of this notification to advise 

the public of this closure. 

DATES: Effective August 21, 2009 

through 2400 hrs local time, October 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fisheries Management 

Specialist, at (978) 281–9165. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the tilefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a TAL for federally 

permitted tilefish vessels harvesting 

tilefish from within the Golden Tilefish 

Management Unit. The Golden Tilefish 

Management Unit is defined as an area 

of the Atlantic Ocean from the latitude 

of the VA and NC border (36°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

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