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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17906 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 

of this rule is expected to be minimal, 

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 reason: The safety zone 

will only be in place for a limited 

duration. Before the effective period, 

maritime advisories will be issued 

allowing mariners to adjust their plans 

accordingly. Although the safety zone 

will apply to the entire width of the 

bridge, traffic will be allowed to pass 

through the zone with the permission of 

the Captain of the Port or his 

Representative. 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

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 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. This rule 

involves establishing a safety zone 

around the removal of a bridge lift span. 

This zone introduces no additional 

hazards to the environment, but closes 

the zone to the maritime public to 

protect life and property during 

hazardous conditions. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects 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, 


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Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 17907 

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 § 165.T05–0217 to read as 

follows: 

§ 165.T05–0217 Safety Zone; Jordan 

Bridge Lift Span Demolition, Elizabeth 

River, Chesapeake and Portsmouth, VA. 

(a) Regulated Area. The following area 

is a safety zone: All waters of the 

Elizabeth River, located 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), in the vicinity 

of Chesapeake and Portsmouth, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation 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. 

Dated: April 3, 2009. 

Patrick B. Trapp, 

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

Port Hampton Roads. 

[FR Doc. E9–8946 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900—AN10 

Post-9/11 GI Bill 

Correction 

In rule document E9–7052 beginning 

on page 14654 in the issue of Tuesday, 

March 31, 2009, make the following 

corrections: 

§ 21.4200 [Corrected] 

1. On page 14667, in the second 

column, in §21.4200, under amendatory 

instruction 21a., ‘‘title10, U.S.C.’’ 

should read ‘‘title 10, U.S.C.’’. 

§ 21.9650 [Corrected] 

2. On page 14687, in the first column, 

in §21.9650(a)(i), ‘‘$50.00 per month’’ 

should read ‘‘$950.00 per month’’. 

3. On the same page, in the second 

column, in §21.9650(b)(2)(i), ‘‘$50.00 

per month’’ should read ‘‘$950.00 per 

month’’. 

[FR Doc. Z9–7052 Filed 4–17–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071004577–8124–02] 

RIN 0648–XO25 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Closure of the 

Eastern U.S./Canada Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces a temporary 

closure of the Eastern U.S./Canada Area 

to limited access NE multispecies daysat-sea (DAS) vessels. Based upon Vessel 

Monitoring System (VMS) reports and 

other available information, the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) has projected 

that 100 percent of the total allowable 

catch (TAC) of Georges Bank (GB) cod 

allocated to be harvested from the 

Eastern U.S./Canada Area would be 

harvested in the next few days, if 

current catch rates continue. This action 

is being taken to prevent the 2008 TAC 

for GB cod in the Eastern U.S./Canada 

Area from being exceeded during the 

2008 fishing year in accordance with the 

regulations implemented under 

Amendment 13 to the NE Multispecies 

Fishery Management Plan (FMP) and 

the Magnuson–Stevens Fishery 

Conservation and Management Act. 

DATES: The temporary closure of the 

Eastern U.S./Canada Area to all limited 

access NE multispecies DAS vessels is 

effective 0001 hr April 16, 2009, 

through 2400 hr local time, April 30, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the GB cod 

landing limit within the Eastern U.S./ 

Canada Area are found at 

(§ 648.85(a)(3)(iv)(A) and (D). The 

regulations authorize vessels issued a 

valid limited access NE multispecies 

permit and fishing under a NE 

multispecies DAS to fish in the U.S./ 

Canada Management Area, as defined at 

(§ 648.85(a)(1), under specific 

conditions. The TAC for Eastern GB cod 

for the 2008 fishing year (May 1, 2008– 

April 30, 2009) was set at 667 mt (73 FR 

16572, March 28, 2008), a 35–percent 

increase from the TAC for the 2007 

fishing year. 

The regulations at 

(§ 648.85(a)(3)(iv)(D) authorize the 

Administrator, Northeast (NE) Region, 

NMFS (Regional Administrator), to 

increase or decrease the trip limits in 

the U.S./Canada Management Area to 

prevent over-harvesting or underharvesting the TAC allocation. The 

default landing limit of Eastern GB cod 

for NE multispecies DAS vessels fishing 

in the Eastern U.S./Canada Area is 500 

lb (226.8 kg) per DAS, or any part of a 

DAS, up to 5,000 lb (2,268 kg) per trip. 

NMFS published a temporary rule on 

December 23, 2008 (73 FR 78659), 

increasing the landing limit for Eastern 

GB cod to 1,000 lb (453.6 kg) per DAS, 

or any part of a DAS, up to 10,000 lb 

(4,535.9 kg) per trip. The limit was 

subsequently decreased on March 9, 

2009, to 500 lb per DAS, or any part of 

a DAS, up to 5,000 lb per trip, as the 

TAC was expected to be achieved by 

early April, prior to the conclusion of 

the 2008 fishing year. 

Based upon VMS daily catch reports 

and other available information, the 

2008 TAC is projected to be achieved if 

the Eastern U.S./Canada Area is closed 

immediately. Therefore, to ensure that 

the TAC for GB cod will not be 

exceeded, the Eastern U.S./Canada Area 

is closed to all limited access NE 


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