13116 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

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). 

D. 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). 

E. 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. 

F. 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. 

G. 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. 

H. 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. 

I. 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. 

J. 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. 

K. 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. 

L. 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. 

M. 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 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 is categorically 

excluded under section 2.B.2, figure 2– 

1, paragraph (34)(c) of the Instruction. 

This rule involves regulations 

concerning the training, qualifying, 

licensing, and disciplining of maritime 

personnel. 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 101 

Harbors, Maritime security, Reporting 

and recordkeeping requirements, 

Security measures, Vessels, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 101 as follows: 

Title 33—Navigation and Navigable 

Waters 

CHAPTER I—COAST GUARD 

PART 101—MARITIME SECURITY: 

GENERAL 

■ 1. The authority citation for part 101 

continues to read as follows: 

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

Chapter 701; 50 U.S.C. 191, 192; Executive 

Order 12656, 3 CFR 1988 Comp., p. 585; 33 

CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 101.105 [Amended] 

■ 2. In § 101.105, in the definition for 

‘‘secure area’’, remove the words 

‘‘Commonwealth of Northern Mariana 

Islands’’ and add, in their place, the 

words ‘‘Commonwealth of the Northern 

Mariana Islands and American Samoa’’. 

Dated: March 19, 2009. 

Brian M. Salerno, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Marine Safety, Security, and 

Stewardship. 

[FR Doc. E9–6833 Filed 3–24–09; 11:15 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0069] 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway (Algiers 

Alternate Route), Belle Chasse, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 23 

bridge across the Gulf Intracoastal 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13117 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Plaquemines 

Parish, Louisiana. This deviation will 

test a change to the drawbridge 

operation schedule to determine 

whether a permanent change to the 

schedule is needed. This test deviation 

will allow the draw to open on signal; 

except that, the draw need not be 

opened for the passage of vessels from 

6 a.m. to 8:30 a.m. and from 3:30 p.m. 

to 7 p.m. Monday through Friday, 

except Federal holidays. 

DATES: This deviation is effective from 

April 10, 2009 until May 11, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0069 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) 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. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call David Frank, Bridge 

Administration Branch, telephone (504) 

671–2128. 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 http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’ 

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking USCG–2008–0069, indicate 

the specific section of this document to 

which each comment applies, and give 

the reason for each comment. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. You may submit your 

comments and material by electronic 

means, mail, fax, or delivery to the 

Docket Management Facility at the 

address under ADDRESSES; but please 

submit your comments and material by 

only one means. If you submit them by 

mail or delivery, submit them in an 

unbound format, no larger than 81/2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them 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. We may change 

this proposed rule in view of them. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time, 

click on ‘‘Search for Dockets,’’ and enter 

the docket number for this rulemaking 

USCG–2008–0069 in the Docket ID box, 

and click enter. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all 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 the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Background and Purpose 

Plaquemines Parish has requested that 

a regulation regarding the operation of 

the SR 23 bridge across the Gulf 

Intracoastal Waterway (Algiers Alternate 

Route), mile 3.8, at Belle Chasse, 

Plaquemines Parish, Louisiana to allow 

for the bridge to remain in the closedto-navigation for an additional 90 

minutes in the afternoon to facilitate the 

movement of vehicular traffic. 

Presently, the draw need not open for 

the passage of vessels in the afternoon 

from 3:30 p.m. until 5:30 p.m. The 

request from Plaquemines Parish is to 

add an additional 90 minutes to the 

closure in the afternoon so that the draw 

need not open for the passage of vessels 

from 3:30 p.m. until 7 p.m. The 

Louisiana Department of Transportation 

and Development has reviewed their 

bridge tender logs and have estimated 

that the change in the schedule affects 

an average of two vessels. It should be 

noted that the vertical clearance of the 

bridge in the closed-to-navigation 

position is 40 feet above mean high 

water in the closed-to-navigation 

position so only vessels with vertical 

clearance requirements of more than 40 

feet will be affected by the proposed 

change. 

This bridge currently opens on signal; 

except that, from 6 a.m. to 8:30 a.m. and 

from 3:30 p.m. to 5:30 p.m. Monday 

through Friday, except Federal holidays, 

the draw need not be opened for the 

passage of vessels. Plaquemines Parish 

has requested that the bridge remain 

closed an additional 90 minutes in the 

afternoon, until 7 p.m. in the evening to 

minimize the delays to traffic caused by 

the opening of the bridge. A recent 

traffic study indicates that between 1500 

and 2000 vehicles per hour cross the 

bridge during weekday afternoons. 

When the bridge opens for the passage 

of a vessel at 5:30 p.m., traffic may back 

up for more than two miles. As SR 23 

is the main highway into and out of 

Plaquemines Parish, the traffic backup 

severely hampers the ability of 

emergency responders to transit in the 

area. Plaquemines Parish Office of 

Emergency Management has indicated 

that the increase in times in the 

afternoon will allow for most of the 

traffic to clear out of the area. They 

believe that the request will only cause 

a minor increase in delays for vessels 

wishing to use the area. An alternate 

route via the Harvey Canal is available 

for vessels with vertical clearances of 

greater than 40 feet if they do not wish 

to be delayed. 

During this test deviation, a count of 

the delayed vessels during the closure 

periods will be taken to ensure a future 

regulation will not have a significant 

impact on navigation. This test 

deviation has been coordinated with the 

main commercial waterway user group 

that has vessels transiting in this area, 

and currently there is no expectation of 

any significant impacts on navigation. 

The deviation period will be from 

April 10, 2009 until May 11, 2009, and 

the operating schedule is, the draw shall 

open on signal; except that, the draw 

need not be opened from 6 a.m. to 8:30 

a.m., and from 3:30 p.m. to 7 p.m., 

13118 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

Monday through Friday except Federal 

holidays. 

A Notice of Proposed Rule Making, 

USCG–2008–1158, is being issued in 

conjunction with this Temporary 

Deviation to obtain public comments. 

The Notice of Proposed Rule Making 

will be in effect for two months from 

March 26, 2009 until May 26, 2009. The 

Coast Guard will evaluate public 

comments from this Temporary 

Deviation and the above referenced 

Notice of Proposed Rule Making to 

determine if a permanent change to the 

drawbridge operating regulation at 33 

CFR 117.451(b) is warranted. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 9, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–6689 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0144] 

Safety Zone; Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor in April 2009. This 

action is necessary to protect vessels 

and people from the hazards associated 

with fireworks displays. This safety 

zone will restrict vessel traffic from a 

portion of the Captain of the Port Lake 

Michigan Zone. 

DATES: The regulations in 33 CFR 

165.931 will be enforced from 7:30 p.m. 

through 8:30 p.m. on April 4, 2009, and 

from 7:30 p.m. through 8:30 p.m. on 

April 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Bannan, Prevention Department, 

Coast Guard Sector Lake Michigan, 

Milwaukee, WI, at (414) 747–7154. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone, 

Navy Pier Southeast, Chicago Harbor, 

Chicago, IL, 33 CFR 165.931, for the 

following events: 

(1) Navy Pier Private Party; on April 

4, 2009, from 7:30 p.m. through 8:30 

p.m. 

(2) Navy Pier Private Party; on April 

11, 2009, from 7:30 p.m. through 8:30 

p.m. 

All vessels must obtain permission 

from the Captain of the Port or 

designated representative to enter, move 

within, or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or designated representative. While 

within the safety zone, all vessels shall 

operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931, Safety Zone, Navy 

Pier Southeast, Chicago Harbor, 

Chicago, IL (72 FR 32520, Jun. 13, 2007), 

and 5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners and Local Notice to 

Mariners. 

The Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Lake Michigan on channel 16, 

VHF–FM. 

Dated: March 9, 2009. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E9–6809 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0359–200823(a); 

FRL8781–7] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Alabama State Implementation Plan; 

Birmingham and Jackson Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Alabama State Implementation Plan 

(SIP) for two separate areas: 

Birmingham nonattainment area and 

Jackson County nonattainment area for 

both the 8-hour ozone and the PM2.5 

National Ambient Air Quality Standard. 

On March 7, 2007, and on January 8, 

2009, revisions of the transportation 

conformity criteria and procedures 

related to interagency consultation and 

enforceability of certain transportationrelated control measures and mitigation 

measures were submitted to EPA for 

approval by the state of Alabama. The 

intended effect is to update the 

transportation conformity criteria and 

procedures in the Alabama SIP. 

DATES: This direct final rule is effective 

May 26, 2009 without further notice, 

unless EPA receives adverse comment 

by April 27, 2009 If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–0359, by one of the 

following methods: 

(a) http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

(b) E-mail: wood.amanetta@epa.gov. 

(c) Fax: (404) 562–9019. 

(d) Mail: ‘‘EPA–R04–OAR–2007– 

0359,’’ Air Quality Modeling and 

Transportation Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

(e) Hand Delivery or Courier: 

Amanetta Wood, Air Quality Modeling 

and Transportation Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 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–R04–OAR–2007– 

0359.’’ 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 the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which