17082 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

Winston-Salem, NC, Smith Reynolds, GPS 

RWY 33, Orig-B, CANCELLED 

Winston-Salem, NC, Smith Reynolds, ILS OR 

LOC RWY 33, Amdt 29 

Winston-Salem, NC, Smith Reynolds, RNAV 

(GPS) RWY 15, Orig 

Winston-Salem, NC, Smith Reynolds, RNAV 

(GPS) RWY 33, Orig 

Lebanon, NH, Lebanon Muni, GPS RWY 25, 

Orig-A, CANCELLED 

Lebanon, NH, Lebanon Muni, RNAV (GPS) 

RWY 25, Orig 

Southampton, NY, Southampton Heliport, 

COPTER RNAV (GPS) 190, Orig 

Southampton, NY, Southampton Heliport, 

COPTER VOR/DME RNAV OR GPS 187, 

Orig, CANCELLED 

Zelienople, PA, Zelienople Muni, GPS RWY 

17, Amdt 1, CANCELLED 

Zelienople, PA, Zelienople Muni, GPS RWY 

35, Amdt 1, CANCELLED 

Zelienople, PA, Zelienople Muni, RNAV 

(GPS) RWY 17, Orig 

Zelienople, PA, Zelienople Muni, RNAV 

(GPS) RWY 35, Orig 

Moncks Corner, SC, Berkeley County, VOR/ 

DME–A, Orig 

Jackson, TN, McKellar-Sipes Rgnl, GPS RWY 

2, Orig, CANCELLED 

Jackson, TN, McKellar-Sipes Rgnl, GPS RWY 

20, Orig-A, CANCELLED 

Jackson, TN, McKellar-Sipes Rgnl, ILS OR 

LOC RWY 2, Amdt 8 

Jackson, TN, McKellar-Sipes Rgnl, RNAV 

(GPS) RWY 2, Orig 

Jackson, TN, McKellar-Sipes Rgnl, RNAV 

(GPS) RWY 20, Orig 

Jackson, TN, McKellar-Sipes Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 1 

Nashville, TN, Nashville Intl, ILS OR LOC 

RWY 20R, Amdt 9 

Nashville, TN, Nashville Intl, RNAV (GPS) 

RWY 20R, Amdt 1 

Falfurrias, TX, Brooks County, GPS RWY 17, 

Orig-A, CANCELLED 

Falfurrias, TX, Brooks County, NDB RWY 35, 

Amdt 2 

Falfurrias, TX, Brooks County, RNAV (GPS) 

RWY 17, Orig 

Falfurrias, TX, Brooks County, Takeoff 

Minimums and Obstacle DP, Amdt 1 

Houston, TX, George Bush Intercontinental/ 

Houston, ILS OR LOC RWY 8L, ILS RWY 

8L (CAT II), ILS RWY 8L (CAT III), Amdt 

2 

Houston, TX, George Bush Intercontinental/ 

Houston, ILS OR LOC RWY 8R, Amdt 23 

Houston, TX, George Bush Intercontinental/ 

Houston, ILS OR LOC RWY 9, Amdt 8 

Houston, TX, George Bush Intercontinental/ 

Houston, ILS OR LOC RWY 26L, ILS RWY 

26L (CAT II), ILS RWY 26L (CAT III), Amdt 

19 

Houston, TX, George Bush Intercontinental/ 

Houston, ILS OR LOC RWY 26R, ILS RWY 

26R (CAT II), ILS RWY 26R (CAT III), 

Amdt 2 

Houston, TX, George Bush Intercontinental/ 

Houston, ILS OR LOC RWY 27, ILS RWY 

27 (CATII), ILS RWY 27 (CAT III), Amdt 

7 

Houston, TX, George Bush Intercontinental/ 

Houston, RNAV (GPS) Z RWY 8L, Amdt 3 

Houston, TX, George Bush Intercontinental/ 

Houston, RNAV (GPS) Z RWY 8R, Amdt 2 

Houston, TX, George Bush Intercontinental/ 

Houston, RNAV (GPS) Z RWY 9, Amdt 3 

Houston, TX, George Bush Intercontinental/ 

Houston, RNAV (GPS) Z RWY 26L, Amdt 

2 

Houston, TX, George Bush Intercontinental/ 

Houston, RNAV (GPS) Z RWY 26R, Amdt 

2 

Houston, TX, George Bush Intercontinental/ 

Houston, RNAV (GPS) Z RWY 27, Amdt 2 

Oak Harbor, WA, A J Eisenberg, RNAV (GPS) 

RWY 7, Amdt 2B 

Seattle, WA, Boeing Field/King County Intl, 

RNAV (RNP) Z RWY 13R, Orig-B 

Spokane, WA, Spokane Intl, RNAV (GPS) 

RWY 25, Amdt 2A 

Tacoma, WA, Tacoma Narrows, GPS RWY 

35, Orig-A, CANCELLED 

Tacoma, WA, Tacoma Narrows, RNAV (GPS) 

RWY 35, Orig 

[FR Doc. E9–8345 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0995] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Intracoastal Waterway (ICW), Beach 

Thorofare, Atlantic City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

the Route 30 Bridge, at ICW mile 67.2, 

across Beach Thorofare at Atlantic City, 

NJ. This will allow the drawbridge to 

open on signal every hour during high 

transit periods during summer months 

and operate on an advance notice basis 

at all other times. The change will result 

in more efficient use of the bridge. 

DATES: This rule is effective May 14, 

2009. 

ADDRESSES: Comments and related 

materials received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2008– 

0995 and are available online at 

http://www.regulations.gov. This 

material is also available for inspection 

or copying at 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 the 

Commander (dpb), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, VA 

23704–5004 between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Terrance Knowles, Environmental 

Protection Specialist, Fifth Coast Guard 

District, at (757) 398–6587. 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: 

Regulatory Information 

On October 6, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Intracoastal Waterway 

(ICW), Beach Thorofare, Atlantic City, 

NJ’’ in the Federal Register (73 FR 

58070). We received no comments on 

the published NPRM. No public meeting 

was requested, and none was held. 

Background and Purpose 

The New Jersey Department of 

Transportation (NJDOT) is responsible 

for the operation of the Route 30 Bridge, 

at ICW mile 67.2, across Beach 

Thorofare at Atlantic City, NJ. In the 

closed-to-navigation position, the Route 

30 Bridge has a vertical clearance of 20 

feet, above mean high water. 

The existing operating regulation is 

set out in 33 CFR § 117.733(e) which 

requires the draw to open on signal 

except that, year-round from 11 p.m. to 

7 a.m. and from November 1 through 

March 31, from 3 p.m. to 11 p.m., the 

draw need only open if at least four 

hours’ notice is given. 

The NJDOT requested changes to the 

existing regulations for the Route 30 

Bridge in an effort to provide more 

scheduled openings to accommodate the 

ever-increasing casino workforce and 

tourists and by limiting the number of 

on signal openings to minimize 

vehicular traffic delays and accidents 

that may result from backups due to 

more frequent vessel openings, by 

requiring scheduled hourly openings of 

draw span during the spring and 

summer months and to operate on an 

advance notice basis in the fall and 

winter months. 

A review of the bridge logs for the 

past three years supplied by NJDOT 

revealed the morning rush (7 a.m. to 9 

a.m.) is averaging a total of 11 openings/ 

year from June through September and 

the evening rush (4 p.m. to 6 p.m.) is 

averaging a total of 15 openings/year 

from June through September. The 

average daily traffic count from 7 a.m. 

and 8 p.m. for the same period revealed 

between 700 and 3,800 vehicles. This 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17083 

excess traffic causes increased bottlenecks and safety hazards. Anticipated 

bridge openings on the hour will help 

to decrease delays to the local workforce 

and tourists. 

For the past three years, during the 

fall and winter months, the draw span 

averaged 23 vessel openings per year 

from November 1 through March 31 

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

Discussion of Comments and Changes 

The Coast Guard received no 

comments to the NPRM. However for 

clarification, we will amend 33 CFR 

117.733(e) by requiring the draw of the 

Route 30 Bridge across Beach Thorofare, 

mile 67.2 at Atlantic City, shall open on 

signal, but only if at least four hours 

notice is given; except that from April 

1 through October 31 from 7 a.m. to 11 

p.m. the draw need only open on the 

hour. 

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 reached this conclusion 

based on the fact that mariners can plan 

their trips in accordance with the 

scheduled bridge openings. Mariners 

may be delayed due to the scheduled 

openings, but overall, the scheduled 

bridge openings will allow mariners to 

minimize delays while lessening 

impacts on traffic. Vessels that can pass 

under the bridge without a bridge 

opening may do so at all times. 

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 could affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels needing to transit through the 

bridge. 

This action will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. Vessels that can 

safely transit under the bridge while the 

draw span is in a closed position may 

do so at any time. All other mariners 

can plan their trips in accordance with 

the scheduled bridge openings to 

minimize delays. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

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 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would 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 

17084 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

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 proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this is one of a category of actions 

which, individually or cumulatively, is 

not likely to have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

section 2.B.2. Figure 2–1, paragraph 

32(e), of the Instruction because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.733(e) to read as 

follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(e) The draw of the Route 30 Bridge 

across Beach Thorofare, mile 67.2 at 

Atlantic City, shall open on signal but 

only if at least four hours of notice is 

given; except that from April 1 through 

October 31, from 7 a.m. to 11 p.m. the 

draw need only open on the hour. 

* * * * * 

Dated: March 11, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. E9–8493 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0044] 

RIN 1625–AA00 

Safety Zone; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of San Diego Bay in 

support of the Fireworks Display. This 

safety zone is necessary to provide for 

the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 8:30 

p.m. through 9 p.m. on April 21, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–200–9– 

0044 and are available online by going 

to www.regulations.gov, selecting the 

Advanced docket Search option on the 

right side of the screen, inserting USCG– 

2009–0044 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at 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 the U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

between 8 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 Petty Officer Shane Jackson, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7267. 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 

immediate action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of the 

fireworks display on the date and times 

this rule will be in effect and delay 

would be contrary to the public interest, 

since immediate action is required to 

ensure the public’s safety. 

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. Any delay in the effective date 

of this rule would expose mariners to 

the dangers posed by the pyrotechnics 

used in the fireworks display and delay 

would be contrary to the public interest. 

Background and Purpose 

Fireworks & Stage FX America is 

sponsoring the Tyco Electronics 

Fireworks Display, which will include a 

fireworks presentation from the flight 

deck of the USS Midway in San Diego 

Bay. The safety zone will encompass the 

navigable waters extending out 250 feet 

from all points of the USS Midway. This 

temporary safety zone is necessary to 

provide for the safety of the crew, 

spectators, and other users and vessels 

of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that would be enforced from 

8:30 p.m. to 9 p.m. on April 21, 2009. 

The limits of the safety zone will 

encompass the navigable waters 

extending out 250 feet from all points of 

the USS Midway located at 

approximately 32°42.52′ N, 

117°10.35′ W.