22828 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 

Rate set 

For plans with a valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

188 ........................................................................ 6–1–09 7–1–09 3.75 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 7th day 

of May 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–11373 Filed 5–14–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1272] 

RIN 1625–AA00 

Safety Zone; Underwater Object, 

Massachusetts Bay, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending 

the duration of a temporary safety zone 

surrounding the location of the sunken 

fishing vessel PATRIOT located 

approximately 17 miles northeast of 

Scituate, Massachusetts in 

Massachusetts Bay. This action is 

necessary to ensure that vessels are not 

endangered by conducting dredging, 

diving, anchoring, fishing or other 

activities in this area. This temporary 

rulemaking is needed to protect the 

environment, the commercial fishing 

industry, and the general public from 

potential hazards associated with the 

underwater object and from the hazards 

associated with planned salvage of the 

vessel. 

DATES: This rule is effective from 11:59 

p.m. March 14, 2009 through midnight 

May 20, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

1272 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–2008–1272 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 

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 Chief Eldridge 

McFadden, United States Coast Guard, 

Sector Boston, Waterways Management 

Division; telephone 617–223–5160, email Eldridge.C.McFadden@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 initial 

immediate action was needed to protect 

the public from the hazards posed by an 

unknown underwater object located in 

Massachusetts Bay. This object was later 

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

PATRIOT is located in approximately 

95 feet of water 17 miles northeast of 

Scituate, Massachusetts. This rule 

extends the duration of the existing 

safety zone, which would have expired 

on May 6, 2009, to ensure, to the extent 

practicable, the immediate, continued 

protections for the environment, the 

commercial fishing industry, and the 

general public from the hazards 

associated with the F/V PATRIOT, 

while investigative efforts continue, risk 

mitigation strategies are further 

explored and implemented, and salvage 

efforts are conducted. Specifically, this 

rule is being extended to facilitate and 

protect planned commercial salvage 

operations, which were unable to be 

completed during the prior extension. It 

would be contrary to the public interest 

for the existing safety zone to lapse on 

the eve of such operations. 

For the same reasons, 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

On January 3, 2009, the F/V 

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

with the loss of two crewmembers 

onboard. The vessel was reported to 

have an estimated 5000 gallons of fuel 

onboard. There were no survivors and 

the exact position of the vessel was not 

immediately known. On January 8, 

2009, the Coast Guard established a 

temporary safety zone around a reported 

underwater object believed to be the F/ 

V PATRIOT, located in Massachusetts 

Bay approximately 17 miles northeast of 

Scituate, Massachusetts, in position 

42°24′27.34′′ N, 70°27′17.23′′ W. This 

underwater object created an immediate 

and significant danger to the 

environment, the commercial fishing 

industry, and the general maritime 

public, as mariners unaware of its 

presence could make contact with the 

object and cause damage to their vessel, 

equipment below the water or fishing 

gear. On January 14, 2009, the Coast 

Guard extended the temporary safety 

zone until March 14, 2009, while 

investigative efforts continued and risk 

mitigation strategies were further 

explored. 

On January 23, 2009, underwater 

exploratory operations with 

photographic equipment confirmed that 

the object was the F/V PATRIOT. The 

owners of the vessel intend to conduct 

dive and salvage operations on the 

vessel. On April 14, 2009, the Coast 

Guard received a request to extend the 

safety zone until May 6, 2009 in order 

to conduct a salvage operation for the 

vessel. On May 6, 2009, the Coast Guard 

received an additional request to extend 

the safety zone as the operations had not 

yet been started. The Coast Guard has 

agreed to this extension of this zone, 

which will help ensure the planned 

dive and salvage operations can be 

conducted safely. 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 22829 

Discussion of Rule 

This regulation extends the duration 

of the temporary safety zone on the 

navigable waters of Massachusetts Bay, 

Massachusetts, 17 miles northeast of 

Scituate, Massachusetts. This extension 

is necessary to allow the owners of the 

F/V PATRIOT to conduct salvage 

operations. The first safety zone, on this 

matter, was effective from January 8, 

through January 14, 2009. On January 

14, 2009, the duration of the zone was 

extended until March 14, 2009 (74 FR 

7817). A second extension was 

authorized on March 6, 2009 and 

published in the Federal Register (74 

FR 14729) extending the duration of the 

safety zone from March 14, 2009 

through April 28, 2009. A third 

extension was authorized on April 24, 

2009 extending the duration of the 

safety zone through midnight, May 6, 

2009. This regulation extends the 

duration of the safety zone until 

midnight May 20, 2009. This safety zone 

is in place to protect the public from the 

hazards associated with a salvage 

operation that was planned for, but 

unable to be completed in the last 

extension. The zone extends for 500 

yards, in all directions, from the F/V 

PATRIOT in approximate position 

42°24′27.34′′ N, 70°27′17.23′′ W. The 

position of the safety zone has been 

modified slightly from the prior safety 

zones so as to better identify its 

location. 

This action is intended to prohibit 

vessels and persons from entering, 

transiting, anchoring, diving, dredging, 

dumping, fishing, trawling, laying cable, 

or conducting salvage operations in this 

zone except as authorized by the Coast 

Guard Captain of the Port Boston, 

Massachusetts. Public notifications 

about this safety zone have been and 

will continue to be made through 

broadcast and local notice to mariners. 

Marine traffic may transit safely in 

surrounding areas of Massachusetts Bay, 

but are restricted from entering the area 

delineated above. 

The Captain of the Port anticipates 

minimal negative impact on vessel 

traffic due to the limited area and 

duration covered by this safety zone. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit, anchor, or 

fish in a portion of the Massachusetts 

Bay covered by the safety zone. This 

rule will not have a significant impact 

on a substantial number of small entities 

for the following reasons: The area this 

rule is affecting is very small and there 

is plenty of water in the area for vessels 

to transit around. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (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. 

22830 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 

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 0023–01 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 pertains to a temporary safety 

zone established and extended to 

address an emergency situation lasting 

more than one week. 

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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

Chapter 701; 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise temporary § 165.T01–1272, 

to read as follows: 

§ 165.T01–1272 Safety Zone: Underwater 

Object, Massachusetts Bay, MA. 

(a) Location. The following area is a 

safety zone: All navigable waters, from 

surface to bottom, of Massachusetts Bay 

within a 500 yard radius of underwater 

object, in approximate position 

42°24′27.34′′ N, 70° 27′17.23′′ W. 

(b) Definitions. The following 

definition applies to this section: 

Designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port Boston. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, all 

vessels and persons are prohibited from 

entering the safety zone without 

permission from the Captain of the Port 

Boston. In addition, all vessels and 

persons are prohibited from anchoring, 

diving, dredging, dumping, fishing, 

trawling, laying cable, or conducting 

salvage operations in this zone except as 

authorized by the Coast Guard Captain 

of the Port Boston. 

(3) All persons and vessels shall 

comply with the Coast Guard Captain of 

the Port Boston or designated 

representative. 

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

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

(5) Persons desiring to enter the safety 

zone may request permission from the 

Captain of the Port Boston via VHF 

Channel 16 or via telephone at (617) 

223–3201. 

(d) Enforcement Period. This rule will 

be enforced from 11 p.m. January 8, 

2009, until midnight May 20, 2009. 

Dated: May 6, 2009. 

Gail P. Kulisch, 

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

Port Boston. 

[FR Doc. E9–11325 Filed 5–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0064] 

RIN 1625–AA00 

Safety Zone: Ocean City Air Show, 

Atlantic Ocean, Ocean City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

Atlantic Ocean in the vicinity of Ocean 

City, MD to support the Ocean City Air 

Show. This action will restrict vessel 

traffic on the Atlantic Ocean to protect 

mariners from the hazards associated 

with air show events. 

DATES: This rule is effective June 12 

through June 14, 2009 from 10 a.m. to 

4 p.m. each day. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0064 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– 

2009–0064 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at 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, 

Chief, Waterways Management Division, 

Sector Hampton Roads, 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.