Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 14729 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and federal, state, 

and local officers designated by or 

assisting the Captain of the Port (COTP) 

Jacksonville in the enforcement of 

regulated navigation areas, safety zones, 

and security zones. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, anchoring, mooring or 

transiting in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville or his 

designated representative. 

(d) Notice of a Safety Zone. The 

proposed safety zones are temporary in 

nature and will only be enacted and 

enforced prior to, and just after a 

successful launch. The COTP will 

inform the public of the existence or 

status of the safety zone(s) by Broadcast 

Notice to Mariners on VHF–FM channel 

16, Public Notice, on-scene presence, 

and by the display of a yellow ball from 

a 90-foot pole near the shoreline at 

approximately 28°35′00′′ N, 080°34′36′′ 

W, and from a 90-foot pole near the 

shoreline at approximately 28°25′18′′ N, 

080°35′00′′ W. Coast Guard assets or 

other Federal, State, or local law 

enforcement assets will be clearly 

identified by lights, markings, or with 

agency insignia. 

(e) Contact Information. The COTP 

Jacksonville may be reached by 

telephone at (904) 564–7513. Any onscene Coast Guard or designated 

representative assets may be reached on 

VHF–FM channel 16. 

Dated: November 26, 2008. 

Paul F. Thomas, 

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

Port Jacksonville. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on Friday, March 27, 2009. 

[FR Doc. E9–7259 Filed 3–31–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1272] 

RIN 1625–AA00 

Safety Zone; Underwater Object, 

Massachusetts Bay, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending 

the duration of a temporary safety zone 

surrounding the fishing vessel PATRIOT 

located approximately 17 miles 

northeast of Scituate, Massachusetts in 

Massachusetts Bay. This action is 

necessary to ensure that vessels are not 

endangered by conducting dredging, 

diving, salvage, anchoring, fishing or 

other activities in this area. This 

temporary rulemaking is needed to 

protect the environment, the 

commercial fishing industry, and the 

general public from potential hazards 

associated with the underwater object. 

DATES: This rule is effective from 11:59 

p.m. March 14, 2009 through 11 p.m. 

April 28, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

1272 and will be available online at 

www.regulations.gov. They will also be 

available for inspection or copying in 

two locations: 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, 

and United States Coast Guard Sector 

Boston, 427 Commercial St, Boston, MA 

02109 between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Chief Eldridge McFadden, 

Waterways Management Division, at 

617–223–3000. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. 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 initial immediate action 

was needed to protect the public from 

the hazards posed by an unknown 

underwater object located in 

Massachusetts Bay. This object was later 

identified as the F/V Patriot. The F/V 

PATRIOT is located in approximately 

95 feet of water 17 miles northeast of 

Scituate, Massachusetts. This rule 

extends the duration of the existing 

safety zone, which would have expired 

on March 14, 2009, to ensure, to the 

extent practicable, the immeadiate, 

continued protections for the 

environment, the commercial fishing 

industry, and the general public from 

the hazards associated with the F/V 

PATRIOT, while investigative efforts 

continue, risk mitigation strategies are 

further explored and implemented, and 

salvage efforts are conducted. 

For the same reasons, 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. 

Background and Purpose 

On January 3, 2009, the F/V 

PATRIOT, a 54-foot steel-hull boat, sank 

with the loss of two crewmembers 

onboard. The vessel was reported to 

have an estimated 5000 gallons of fuel 

onboard. There were no survivors and 

the exact position of the vessel was not 

immediately known. On January 8, 

2009, the Coast Guard established a 

temporary safety zone around a reported 

underwater object believed to be the 

F/V PATRIOT, located in Massachusetts 

Bay approximately 17 miles northeast of 

Scituate, Massachusetts, in position 

42°24′27.34′′ N, 70°27′17.23′′ W. 

This underwater object created an 

immediate and significant danger to the 

environment, the commercial fishing 

industry, and the general maritime 

public, as mariners unaware of its 

presence could make contact with the 

object and cause damage to their vessel, 

equipment below the water or fishing 

gear. On January 14, 2009, the Coast 

Guard extended the temporary safety 

zone until March 14, 2009, while 

investigative efforts continued and risk 

mitigation strategies were further 

explored. On January 23, 2009, 

underwater exploratory operations with 

photographic equipment confirmed that 

the object was the F/V PATRIOT. The 

owners of the vessel intend to conduct 

dive and salvage operations on the 

vessel. The extension of this zone will 

help ensure the planned dive and 

salvage operations can be conducted 

safely. 

Discussion of Rule 

This regulation extends the duration 

of the temporary safety zone on the 

navigable waters of Massachusetts Bay, 

Massachusetts, 17 miles northeast of 

Scituate, Massachusetts. This extension 

is necessary to allow the owners of the 

F/V PATRIOT to conduct salvage 

operations. The first safety zone, on this 

matter, was effective from January 8, 

through January 14, 2009. On January 

14, 2009, the duration of the zone was 

extended until March 14, 2009 (74 FR 

7817). With this rule, we are extending 

the duration of the safety zone from 

March 14, 2009 through April 28, 2009. 

The zone extends for 500 yards, in all 

directions, from the F/V PATRIOT in 

approximate position 42°24′27.34′′ N, 

14730 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 

70°27′17.23′′ W. The position of the 

safety zone has been modified slightly 

from the prior safety zones so as to 

better identify its location. 

This action is intended to prohibit 

vessels and persons from entering, 

transiting, anchoring, diving, dredging, 

dumping, fishing, trawling, laying cable, 

or conducting salvage operations in this 

zone except as authorized by the Coast 

Guard Captain of the Port Boston, 

Massachusetts. Public notifications 

about this safety zone have been and 

will continue to be made through 

broadcast and local notice to mariners. 

Marine traffic may transit safely in 

surrounding areas of Massachusetts Bay, 

but are restricted from entering the area 

delineated above. 

The Captain of the Port anticipates 

minimal negative impact on vessel 

traffic due to the limited area and 

duration covered by this safety zone. 

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. 

We expect the economic impact of 

this rule will be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This regulation 

may have some impact on the public. 

This impact, however, is outweighed by 

the safety risks mitigated by the 

enactment of this zone. Further, the 

safety zone extends only 500 yards in all 

directions of the fishing vessel 

PATRIOT, and as such mariners will be 

able to transit around the zone without 

incurring additional costs. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit, anchor, or 

fish in a portion of the Massachusetts 

Bay covered by the safety zone. This 

rule will not have a significant impact 

on a substantial number of small entities 

for the following reasons: The area this 

rule is affecting is very small and there 

is plenty of water in the area for vessels 

to transit around. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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 affect 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. 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 14731 

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 0023.1 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, from further 

environmental documentation as the 

rule pertains to a temporary safety zone 

established and extended to address an 

emergency situation lasting more than 

one week. The written environmental 

analysis checklist and Categorical 

Exclusion Determination prepared for 

the initial effective period of this safety 

zone regulation is applicable to this 

extension. These documents 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. Revise temporary § 165.T01–1272, 

to read as follows: 

§ 165.T01–1272 Safety Zone: Underwater 

Object, Massachusetts Bay, MA. 

(a) Location. The following area is a 

safety zone: All navigable waters, from 

surface to bottom, of Massachusetts Bay 

within a 500 yard radius of underwater 

object, in approximate position 

42°24′27.34′′ N, 70°27′17.23′′ W. 

(b) Definitions. The following 

definition applies to this section: 

Designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port Boston. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 

§ 165.23 apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, all 

vessels and persons are prohibited from 

entering the safety zone without 

permission from the Captain of the Port 

Boston. In addition, all vessels and 

persons are prohibited from anchoring, 

diving, dredging, dumping, fishing, 

trawling, laying cable, or conducting 

salvage operations in this zone except as 

authorized by the Coast Guard Captain 

of the Port Boston. 

(3) All persons and vessels shall 

comply with the Coast Guard Captain of 

the Port Boston or designated 

representative. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

(5) Persons desiring to enter the safety 

zone may request permission from the 

Captain of the Port Boston via VHF 

Channel 16 or via telephone at (617) 

223–3201. 

(d) Enforcement Period. This rule will 

be enforced from 11 p.m. January 8, 

2009, until 11 p.m. April 28, 2009. 

Dated: March 6, 2009. 

G.P. Kulisch, 

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

Port Boston. 

[FR Doc. E9–7260 Filed 3–31–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0509; FRL–8788–8] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the New 

Mexico Albuquerque/Bernalillo County 

State Implementation Plan (SIP). This 

revision replaces Regulation 8, Airborne 

Particulate Matter, with New Mexico 

Administrative Code (NMAC), 20.11.20, 

Fugitive Dust Control. This rulemaking 

action is being taken under section 110 

of the Clean Air Act (CAA). 

DATES: This rule is effective on June 1, 

2009 without further notice, unless EPA 

receives adverse comment by May 1, 

2009. If EPA receives such comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2008–0509, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand Delivery: Mr. Guy Donaldson, 

Chief, Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2008– 

0509. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless