17902 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 

establishes Class E2 airspace at 

Binghamton, NY by expanding the 

controlled airspace, extending upward 

from the surface of the Earth to support 

IFR operations at Binghamton Regional/ 

Edwin A. Link Field Airport to a 4.3- 

mile radius with minor extensions for 

arrivals. 

Class D, Class E2 and E4 airspace 

designations for airspace areas 

extending upwards from the surface of 

the Earth are published in Paragraph 

5000, 6002 and 6004 respectively, of 

FAA Order 7400.9S, dated October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and E2 airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies the Class D, E2 and E4 

airspace at Binghamton Regional/Edwin 

A. Link Field Airport in Binghamton, 

NY. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AEA NY D Binghamton, NY [REVISED] 

Binghamton Regional/Edwin A. Link Field 

Airport, Binghamton, NY 

(Lat. 42°12′31′′ N, long. 75°58′47′′ W) 

That airspace extending upward from the 

surface to and including 4,100 feet MSL 

within a 4.3-mile radius of the Binghamton 

Regional/Edwin A. Link Field Airport. This 

Class D airspace area is effective during the 

specific days and times established in 

advance by a Notice to Airmen. The effective 

days and times will thereafter be 

continuously published in the Airport/ 

Facility Directory. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AEA NY E2 Binghamton, NY [NEW] 

Binghamton Regional/Edwin A. Link Field 

Airport, Binghamton, NY 

(Lat. 42°12′31′′ N, long. 75°58′47′′ W) 

Binghamton VORTAC 

(Lat. 42°09′27′′ N, long. 76°08′11′′ W) 

SMITE LOM 

(Lat. 42°06′17′′ N, long. 75°53′29′′ W) 

ILS Runway 34 Localizer 

(Lat. 42°13′12′′ N, long. 75°59′15′′ W) 

That airspace extending upward from the 

surface of the Earth within a 4.3-mile radius 

of the Binghamton Regional/Edwin A. Link 

Field Airport and within 1.6 miles each side 

of the 070° bearing from the airport to 9.3 

miles northeast of the airport and within 1.8 

miles each side of the Binghamton VORTAC 

067° bearing from the VORTAC to the 4.3- 

mile radius to the airport and within 1.8 

miles each side of the Binghamton Regional/ 

Edwin A. Link Field Airport ILS LOC SE 

course extending from the 4.3-mile radius of 

the airport to 1.8 miles SE of the SMITE 

LOM. This Class E Surface airspace area is 

effective during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D 

Surface Areas. 

* * * * * 

AEA NY E4 Binghamton, NY [REVISED] 

Binghamton Regional/Edwin A. Link Field 

Airport, Binghamton, NY 

(Lat. 42°12′31′′ N, long. 75°58′47′′ W) 

Binghamton VORTAC 

(Lat. 42°09′27′′ N, long. 76°08′11′′ W) 

SMITE LOM 

(Lat. 42°06′17′′ N, long. 75°53′29′′ W) 

Binghamton Regional/Edwin A. Link Field 

Airport ILS Runway 34 Localizer 

(Lat. 42°13′12′′ N, long. 75°59′15′′ W) 

That airspace extending upward from the 

surface within 1.6 miles each side of the 070° 

bearing from the airport to 9.3 miles 

northeast of the airport and within 1.8 miles 

each side of the Binghamton VORTAC 067° 

bearing from the VORTAC to the 4.3-mile 

radius to the airport and within 1.8 miles 

each side of the Binghamton Regional/Edwin 

A. Link Field Airport ILS LOC SE course 

extending from the 4.3-mile radius of the 

airport to 1.8 miles SE of the SMITE LOM. 

This Class E Surface airspace area is effective 

during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on April 2, 

2009. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–8835 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0240] 

RIN 1625–AAOO 

Safety Zone, Red River, MN 

AGENCY: Coast Guard, DHS. 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 17903 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard Captain of 

the Port, Marine Safety Unit Duluth, MN 

is establishing a temporary safety zone 

on the Red River, MN. This safety zone 

is being established to ensure, to the 

extent practicable, the safety of the 

public. The safety zone prohibits 

individuals from entering all navigable 

waters of the Red River, in the State of 

Minnesota, north of a line drawn across 

latitude 46°20′00′′ N, including those 

portions of the river in Wilkin, Clay, 

Norman, Polk, Marshall and Kittson 

counties, extending to the United StatesCanada international border. 

DATES: This rule is effective from 12 

p.m. on March 31, 2009 until 5 p.m. on 

April 24, 2009. If the river conditions 

change such that enforcement of the 

Safety Zone is unnecessary prior to 5 

p.m. on April 24, 2009, the COTP will 

notify the public via a Broadcast Notice 

to Mariners. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0240 and are available online at 

http://www.regulations.gov. 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 Coast 

Guard Marine Safety Unit Duluth, MN, 

600 S. Lake Avenue, Duluth, MN, 55802 

between 7:30 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call LT Aaron Gross, Chief of Port 

Operations, Marine Safety Unit Duluth, 

600 S. Lake Avenue, Duluth, MN 55802; 

(218) 720–5286 Ext. 111. 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 doing 

so would be contrary to the emergency 

nature for which this safety zone is 

being established. Specifically, 

inclement weather has caused the Red 

River to flood, and in an effort to protect 

the public, to the extent practicable, 

from the dangers of the flood it is 

necessary to publish this temporary rule 

without notice and comment. 

For that same reason, 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 

This temporary safety zone is 

necessary to ensure, to the extent 

practicable, the safety of the public from 

hazards involved with the flooding of 

the Red River. Restricted access to the 

Red River by the public will help 

protect persons and property from the 

dangers associated with the flooding 

along the Red River. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure, to the extent practicable, the 

safety of and property from the hazards 

presented from the flooding of the Red 

River. The safety zone will be in effect 

from March 31, 2009 until 5 p.m. on 

April 24, 2009. 

The safety zone will encompass all 

navigable waters of the Red River in the 

State of Minnesota north of a line drawn 

across latitude 46°20′00′′ N, including 

those portions of the river in Wilkin, 

Clay, Norman, Polk, Marshall and 

Kittson counties, extending to the 

United States-Canada international 

border. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Duluth or his designated on-scene 

representative. The Captain of the Port 

or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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. 

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 safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will be 

in effect only until the Red River is 

deemed safe to transit. Further, vessel 

operators desiring to enter or operate 

within the safety zone may contact the 

Captain of the Port Duluth or his onscene representative to seek permission 

to do so. 

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. 


rmajette on PRODPC74 with RULES
17904 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 

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 

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. 

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 5100.1 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 under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. This temporary rule 

establishes a safety zone therefore 

paragraph (34)(g) of the Instruction 

applies. 

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. 

3306, 3703 and Chapter 701; 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 temporary § 165.T09–0240 to 

read as follows: 

§ 165.T09–0240 Safety zone; Red River 

Safety Zone, Red River, MN. 

(a) Location. The following area is a 

temporary safety zone: all navigable 

waters of the Red River in the State of 

Minnesota north of a line drawn across 

latitude 46°20′00′′ N, including those 

portions of the river in Wilkin, Clay, 

Norman, Polk, Marshall and Kittson 

counties, to the United States—Canada 

international border. 

(b) Enforcement period. This rule will 

be enforced from 12 p.m. on March 31, 

2009 until 5 p.m. on April 24, 2009. If 

the River conditions change such that 

enforcement of the Safety Zone is 

unnecessary prior to 5 p.m. on April 24, 

2009, the COTP will notify the public 

via a Broadcast Notice to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Duluth or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Duluth 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 17905 

of the Port Duluth or his on-scene 

representative. 

Dated: March 31, 2009. 

M.P. Lebsack, 

Commander, U.S. Coast Guard, Captain of 

the Port, Duluth. 

[FR Doc. E9–8911 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0217] 

RIN 1625–AA00 

Safety Zone; Jordan Bridge 

Demolition, Elizabeth River, 

Chesapeake and Portsmouth, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Elizabeth River in the vicinity of 

Chesapeake and Portsmouth, VA during 

demolition of the Jordan Bridge. This 

action is intended to protect mariners 

and public property on the Elizabeth 

River from the hazards associated with 

bridge demolition. 

DATES: This rule is effective from May 

3, 2009 through May 6, 2009, with 

contingency dates of May 18, 2009 

through May 21, 2009 in the event of 

adverse weather conditions. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0217 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–2009–0217 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Tiffany Duffy, 

Coast Guard; telephone 757–668–5580, 

e-mail Tiffany.A.Duffy@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 any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest 

since immediate action is needed to 

provide for the safety of life and 

property on navigable waters. 

Specifically, since debris from a bridge 

being demolished could lead to severe 

injury, fatalities and/or destruction of 

public property, immediate action is 

needed to protect, to the extent 

practicable, the public’s safety. 

For the same reason, 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 would be 

contrary to the public interest. 

Background and Purpose 

Coast Guard Sector Hampton Roads 

has been notified by Delta Demolition 

Group that construction operations to 

demolish the Jordan Bridge lift span 

over the Elizabeth River will commence 

on May 3, 2009. Due to the need to 

protect mariners and spectators from the 

hazards associated with this project, 

access to the Elizabeth River between 

the Belt Line Railroad Bridge and the 

Norfolk and Western Portsmouth 

Chesapeake Railroad Bridge will be 

temporarily restricted. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone on specified 

waters of the Elizabeth River in the 

vicinity of Chesapeake and Portsmouth, 

VA. This safety zone will encompass all 

navigable waters of the Elizabeth River 

between the Belt Line Railroad Bridge at 

approximate position 36°48′42′′ N/ 

76°17′25′′ W (NAD 1983) and the 

Norfolk and Western Portsmouth 

Chesapeake Railroad Bridge at 

approximate position 36°47′49′′ N/ 

76°17′34′′ W (NAD 1983). This regulated 

area will be established in the interest 

of public safety during the removal of 

the Jordan Bridge lift span and will be 

enforced from May 3, 2009 through May 

6, 2009, with contingency dates of May 

18, 2009 through May 21, 2009 in the 

event of adverse weather conditions. 

Access to the area within the safety zone 

will be restricted during the specified 

date and times or until swing span 

removal is complete, whichever is 

sooner. Except for participants and 

vessels authorized by the Captain of the 

Port or his Representative, no person or 

vessel may enter or remain in the 

regulated area. 

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. Although this proposed 

regulation restricts access to the safety 

zone, the effect of this rule will not be 

significant because: (i) The safety zone 

will be in effect for a limited duration; 

(ii) the zone is of limited size; and (iii) 

the Coast Guard will make notifications 

via maritime advisories so mariners can 

adjust their plans accordingly. For the 

above reasons, the Coast Guard does not 

anticipate any significant economic 

impact. 

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 a portion of 

the Elizabeth River during the time this 

regulation is in effect. Since the impact 


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