Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22095 

Revocation of Antidumping Duty Order, 

and Termination of Five-Year (Sunset) 

Review of Antidumping Duty Order 

published in the Federal Register on 

April 6, 2009 (74 FR 15435). As a result, 

the MCILS is no longer necessary and 

Commerce is removing the regulations 

pertaining to it. Commerce will also 

discontinue the associated collection-ofinformation authorization provided by 

the Office of Management and Budget 

under Control Number 0625–0259. 

Classification 

Executive Order 12866: This action 

has been determined to be not 

significant under E.O. 12866. 

Administrative Procedure Act: The 

Department of Commerce finds good 

cause under 5 U.S.C. 553(b)(B) to waive 

prior notice and opportunity for public 

comment as it is contrary to the public 

interest. The regulations implementing 

the MCILS required all importers of 

cement from Mexico covered by the 

scope of the Cement Agreement to 

obtain an import license from the 

Department through the MCILS prior to 

completing their U.S. Customs and 

Border Protection entry summary 

documentation. IA used the information 

recorded via the MCILS to monitor 

compliance with the Cement 

Agreement. The Cement Agreement 

provided that if all interested parties 

had abided by its terms, Commerce 

would terminate the Cement Agreement 

on March 31, 2009, and would revoke 

the underlying antidumping duty order. 

All obligations of the Cement 

Agreement were fulfilled; therefore, 

Commerce terminated the Cement 

Agreement on the agreed upon date. 

Commerce also revoked the underlying 

antidumping duty order effective April 

1, 2009. See 74 FR 15435. Accordingly, 

it is no longer necessary to collect 

licensing information via the MCILS, 

and is therefore in the public interest to 

discontinue regulations requiring 

importers to use, and for IA to maintain, 

the MCILS. If the Department continued 

to allow the operation of the MCILS, the 

public would be unduly burdened by 

the MCILS regulations. For the above 

reasons, the Department waives the 

notice and comment rulemaking 

requirements of 5 U.S.C. 553(b)(B) and 

issues this rule in final form. 

The Department of Commerce finds 

good cause under 5 U.S.C. 553(d)(1) to 

waive the 30-day delay in effectiveness 

as this rule relieves a restriction. This 

rule removes the regulations requiring 

all importers of cement from Mexico 

covered by the scope of the Cement 

Agreement to obtain an import license 

from the Department prior to 

completing their U.S. Customs and 

Border Protection entry summary 

documentation because it is no longer 

necessary to collect this information. 

Pursuant to the terms of the Agreement, 

the Department terminated the Cement 

Agreement on March 31, 2009, and 

revoked the underlying antidumping 

duty order effective April 1, 2009. See 

74 FR 15435. Because it is no longer 

necessary to collect the information 

through the MCILS, the Department 

discontinues the MCILS, and removes 

the related implementing regulations 

through this final rule. The removal of 

the MCILS regulations constitutes a 

relief of a restriction as importers of 

cement from Mexico would no longer be 

required to obtain an import license 

from the Department. In order to 

implement this action immediately, the 

Department makes this rule effective 

upon publication. 

Regulatory Flexibility Act: Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

List of Subjects in 19 CFR Part 361 

Mexican Cement Import Licensing 

System. 

■ Accordingly, pursuant to 13 U.S.C. 

301(a) and 302, and section XI of the 

Cement Agreement, the Department is 

removing 19 CFR Part 361 in its 

entirety. 

Dated: May 4, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–10955 Filed 5–11–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0106] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of special local regulations for 

recurring marine events in the Fifth 

Coast Guard District. These regulations 

apply to only five recurring marine 

events that conduct on-water activities 

such as power boat races, swimming 

competitions, and harbor celebrations. 

Special local regulations are necessary 

to provide for the safety of life on 

navigable waters during the events. This 

action is intended to restrict vessel 

traffic in portions of the Chester River, 

MD; Rappahannock River, VA; Elizabeth 

River, Southern Branch, VA; North 

Atlantic Ocean, Ocean City, MD; and 

Pasquotank, River, Elizabeth, NC during 

each event. 

DATES: Effective May 15, 2009, through 

July 12, 2009. 

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–2009–0106 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– 

2009–0106 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 Dennis Sens, Project Manager, 

Fifth Coast Guard District, Prevention 

Division, at 757–398–6204 or e-mail at 

Dennis.M.Sens@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 

On March 25, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulation for 

Marine Events; Temporary Change of 

Dates for Recurring Marine Events in the 

Fifth Coast Guard District in the Federal 

Register (74 FR 12769). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

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. The necessary information 

regarding change of dates for these 


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22096 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 

annual recurring marine events were not 

provided to the Coast Guard in 

sufficient time. The potential dangers 

posed by high speed power boat races 

conducted on the waterways with other 

vessel traffic makes special local 

regulations necessary. Delaying the 

effective date would be contrary to the 

public interest, since immediate action 

is needed to ensure the safety of the 

event participants, support vessels, 

spectator craft and other vessels 

transiting the event area. However, 

advance notifications will be made to 

users of the affected waterways via 

marine information broadcasts, local 

notice to mariners, commercial radio 

stations and area newspapers. 

Background and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The on-water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday parades. 

For a description of the geographical 

area of each Coast Guard Sector Marine 

Inspection Zone and Captain of the Port 

Zone, please see 33 CFR 3.25. 

This regulation proposes to 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events within the Fifth 

Coast Guard District. This proposed 

regulation applies to five marine events 

in 33 CFR 100.501, Table to § 100.501. 

Annually, the District of Columbia 

Aquatics Club sponsors the ‘‘Maryland 

Swim for Life’’, on the waters of the 

Chester River near Chestertown, MD. 

The regulation at 33 CFR 100.501 is 

effective annually for the Maryland 

Swim for Life marine event. The event 

is an open water swimming competition 

held on the waters of the Chester River, 

near Chestertown, Maryland. 

Approximately 150 swimmers will start 

from Rolph’s Wharf and swim up-river 

2.5 miles then swim down-river 

returning back to Rolph’s Wharf. A large 

fleet of support vessels accompanies the 

swimmers. Therefore, to ensure the 

safety of participants and support 

vessels, 33 CFR 100.501 would be 

enforced for the duration of the event. 

This temporary final rule changes the 

period of enforcement for this event 

from the third Saturday in June or July 

to 5:30 a.m. until 2:30 p.m. on July 11, 

2009. During that period, vessels may 

not enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. Vessel traffic 

may be allowed to transit the regulated 

area only when the Patrol Commander 

determines it is safe to do so. 

On June 6, 2009, the Rappahannock 

River Boaters Association (RRBA) will 

sponsor the ‘‘2009 RRBA Spring Radar 

Shootout’’, on the waters of the 

Rappahannock River near Layton, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

river boat race marine event. The event 

consists of approximately 35 

powerboats participating in high-speed 

competitive races, traveling along a 3- 

mile straight line race course. 

Participating boats race individually 

within the designated course. A fleet of 

spectator vessels is anticipated to gather 

nearby to view the competition. Due to 

the need for vessel control during the 

event, vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. The regulation at 33 CFR 

100.501 would be enforced for the 

duration of the event. This temporary 

final rule changes the period of 

enforcement for this event from the last 

Saturday in June to 12 p.m. until 5 p.m. 

on June 6, 2009, or rain date June 7, 

2009. During that period, vessels may 

not enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. 

Norfolk Festevents Ltd., Norfolk, VA, 

sponsors the annual ‘‘Norfolk Harborfest 

Celebration’’, on the waters of the 

Elizabeth River between Norfolk and 

Portsmouth, VA. The regulation at 33 

CFR 100.501 is effective annually for 

Norfolk Harborfest marine event. This 

annual celebration of Norfolk Harbor 

consists of a variety of on the water 

activities that include an Opening 

Ceremony—Parade of Sail; jet ski, water 

ski, wake board demonstrations; Fire 

boat demonstrations; Lazy Lizzie 

Anything That Floats Parade and Race; 

Dinghy Parade; Search and Rescue 

demonstrations by USCG & USN; and 

Quick and Dirty Boat Race. Evening 

fireworks displays will be fired from 

barges on the Elizabeth River as part of 

the Harborfest celebration. A large fleet 

of spectator vessels is anticipated to 

view the Harborfest activities. 

Therefore, to ensure the safety of 

participants, spectators and transiting 

vessels, 33 CFR 100.501 would be 

enforced for the duration of the event. 

This temporary final rule changes the 

period of enforcement for this event 

from the first Friday, Saturday and 

Sunday in June to 9 a.m. on July 3, 2009 

until 11 p.m. on July 5, 2009. During 

that period, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Vessel traffic will be 

allowed to transit the regulated area 

between the water events, when the 

Patrol Commander determines it is safe 

to do so. 

The Offshore Performance 

Association (OPA) Racing LLC annually 

sponsors the ‘‘Offshore Grand Prix’’, on 

the waters of the North Atlantic Ocean 

near Ocean City, MD. The regulation at 

33 CFR 100.501 is effective annually for 

the Ocean City offshore race marine 

event. The event is conducted on the 

waters of the North Atlantic Ocean 

along the shoreline near Ocean City, 

MD. The event consists of 

approximately 50 V-hull and twin-hull 

inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course. A fleet of spectator vessels is 

anticipated to gather nearby to view the 

competition. Therefore, to ensure the 

safety of participants, spectators and 

transiting vessels, 33 CFR 100.501 

would be enforced for the duration of 

the event. This temporary final rule 

changes the period of enforcement for 

this event from the first Friday and 

Saturday in June to 10 a.m. on May 30, 

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

During that period, vessels may not 

enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. Due to the 

need for vessel control during the event, 

vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

The Carolina Cup Regatta, Inc. 

annually sponsors a power boat race on 

the waters of the Pasquotank River near 

Elizabeth City, NC. The regulation at 33 

CFR 100.501 is effective annually for 

this power boat race marine event. The 

event consists of approximately 25 

inboard hydroplanes racing in counter 

clockwise heats around an oval race 

course. A fleet of spectator vessels is 

anticipated to gather nearby to view the 

competition. Therefore, to ensure the 

safety of participants, spectators and 

transiting vessels, 33 CFR 100.501 will 

be enforced for the duration of the 

event. This temporary final rule changes 

the period of enforcement for this event 

from the second Saturday and Sunday 

in June to 9 a.m. on May 16, 2009 until 

5 p.m. on May 17, 2009. During that 

period, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Due to the need for vessel 

control during the event, vessel traffic 

will be temporarily restricted to provide 

for the safety of participants, spectators 

and transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22097 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 

specified waters of the Chester River, 

Rappahannock River, Elizabeth River, 

Pasquotank River and North Atlantic 

Ocean. 

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 rule prevents traffic 

from transiting a portion of certain 

waterways during specified events, the 

effect of this regulation will not be 

significant due to the limited duration 

that the regulated area will be in effect 

and the extensive advance notifications 

that will be made to the maritime 

community via marine information 

broadcasts, local radio stations and area 

newspapers so mariners can adjust their 

plans accordingly. Additionally, this 

rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 100.501, 

Table to § 100.501. In some cases, vessel 

traffic may be able to transit the 

regulated area when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

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 would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the areas where marine events are being 

held. This regulation will not have a 

significant impact on a substantial 

number of small entities because it will 

be enforced only during marine events 

that have been permitted by the Coast 

Guard Captain of the Port. The Captain 

of the Port will ensure that small 

entities are able to operate in the areas 

where events are occurring when it is 

safe to do so. In some cases, vessels will 

be able to safely transit around the 

regulated area at various times, and, 

with the permission of the Patrol 

Commander, vessels may transit 

through the regulated area. Before the 

enforcement period, the Coast Guard 

will issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM 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 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 Statement of 

Energy Effects under Executive Order 

13211. 


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22098 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 

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)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. 

Under figure 2–1, paragraph (34)(h), 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In § 100.501, amend Table to 

§ 100.501, as follows: 

■ a. Suspend line numbers 21, 37, 38, 

40, and 54 from May 15, 2009 through 

July 12, 2009. 

■ b. Add temporary line numbers 58, 

59, 60, 61, and 62, from May 15, 2009 

through July 12, 2009 to the end of the 

table to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

TABLE TO § 100.501—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983 

Number Date Event Sponsor Location 

* * * * * * * 

Coast Guard Sector Baltimore—COTP Zone 

* * * * * * * 

58 ........ 5:30 a.m. to 2:30 p.m. 

July 11, 2009.

Maryland Swim for Life District of Columbia 

Aquatics Club.

The waters of the Chester River from shoreline to shoreline, bounded on the south by a line drawn at latitude 

39°10′16′′ N, near the Chester River Channel Buoy 35 

(LLN–26795) and bounded on the north at latitude 

39°12′30′′ N by the Maryland S.R. 213 Highway Bridge. 

Coast Guard Sector Hampton Roads—COTP Zone 

59 ........ 12 p.m. to 5 p.m. June 

6, 2009; rain date: 

June 7, 2009.

RRBA Spring Radar 

Shootout.

Rappahannock River 

Boaters Association 

(RRBA).

The waters of the Rappahannock River, adjacent to 

Layton, VA, from shoreline to shoreline, bounded on 

the west by a line running along longitude 076°58′30′′ 

W, and bounded on the east by a line running along 

longitude 076°56′00′′ W. 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22099 

TABLE TO § 100.501—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983— 

Continued 

Number Date Event Sponsor Location 

60 ........ 9 a.m. July 3, 2009 to 

11 p.m. July 5, 2009.

Norfolk Harborfest ...... Norfolk Festevents, Ltd The waters of the Elizabeth River and its branches from 

shore to shore, bounded to the northwest by a line 

drawn across the Port Norfolk Reach section of the 

Elizabeth River between the northern corner of the 

landing at Hospital Point, Portsmouth, Virginia, latitude 

36°50′51.0′′ N, longitude 076°18′09.0′′ W and the north 

corner of the City of Norfolk Mooring Pier at the foot of 

Brooks Avenue located at latitude 36°51′00.0′′ N, longitude 076°17′52.0′′; W; bounded on the southwest by 

a line drawn from the southern corner of the landing at 

Hospital Point, Portsmouth, Virginia, at latitude 

36°50′50.0′′ N, longitude 076°18′10.0′′ W, to the northern end of the eastern most pier at the Tidewater 

Yacht Agency Marina, located at latitude 36°50′29.0′′ 

N, longitude 076°17′52.0′′ W; bounded to the south by 

a line drawn across the Lower Reach of the Southern 

Branch of the Elizabeth River, between the Portsmouth 

Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0′′ N, 

longitude 076°17′47.0′′ W, and the northwest corner of 

the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier 

No. 1, located at latitude 36°50′08.0′′ N, longitude 

076°17′39.0′′ W; and to the southeast by the Berkley 

Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 36°50′21.5′′ N, 

longitude 076°17′14.5′′ W, and Norfolk at latitude 

36°50′35.0′′ N, longitude 076°17′10.0′′ W. 

61 ........ 10 a.m. May 30, 2009 

to 5 p.m. May 31, 

2009.

Ocean City Maryland 

Offshore Grand Prix.

Offshore Performance 

Association, OPA 

Racing, LLC.

The waters of the Atlantic Ocean commencing at a point 

on the shoreline at latitude 38°25′42′′ N, longitude 

075°03′06′′ W; thence east southeast to latitude 

38°25′30′′ N, longitude 075°02′12′′ W, thence south 

southwest parallel to the Ocean City shoreline to latitude 38°19′12′′ N, longitude 075°03′48′′ W; thence west 

northwest to the shoreline at latitude 38°19′30′′ N, longitude 075°05′00′′ W. The waters of the Atlantic Ocean 

bounded by a line drawn from a position along the 

shoreline near Ocean City, MD at latitude 38°22′25.2′′ 

N, longitude 075°03′49.4′′ W, thence easterly to latitude 

38°22′00.4′′ N, longitude 075°02′34.8′′ W, thence 

southwesterly to latitude 38°19′35.9′′ N, longitude 

075°03′35.4′′ W, thence westerly to a position near the 

shoreline at latitude 38°20′05′′ N, longitude 

075°04′48.4′′ W, thence northerly along the shoreline to 

the point of origin. 

Coast Guard Sector North Carolina—COTP Zone 

62 ........ 9 a.m. May 16, 2009 

to 5 p.m. May 17, 

2009.

Carolina Cup Regatta The Carolina Cup Regatta Inc.The waters of the Pasquotank River, adjacent to Elizabeth City, NC, from shoreline to shoreline, bounded on 

the west by the Elizabeth City Draw Bridge and bounded on the east by a line originating at a point along the 

shoreline at latitude 36°17′54′′ N, longitude 076°12′00′′ 

W, thence southwesterly to latitude 36°17′35′′ N, longitude 076°12′18′′ W at Cottage Point. 


erowe on PROD1PC64 with RULES
22100 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 

Dated: April 27, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–11056 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1013] 

RIN 1625–AA87 

Security Zones; Escorted Vessels, 

Mobile, AL, Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is making 

permanent an interim rule establishing 

a security zone around any vessel being 

escorted by one or more Coast Guard 

assets, or other Federal, State, or local 

law enforcement assets, within the 

Captain of the Port Zone Mobile, AL. 

This action is necessary to ensure the 

safe transit and mooring of escorted 

vessels as well as the safety and security 

of personnel and port facilities. No 

vessel or person is allowed inside the 

security zone unless authorized by the 

Captain of the Port Mobile, AL or a 

designated representative. 

DATES: This rule is effective June 11, 

2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket USCG–2008–1013 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– 

2008–1013 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, 

and the Coast Guard Sector Mobile 

Prevention Office located on South 

Broad Street, Mobile, Alabama 36615, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call LT 

Jonathan Mangum at Coast Guard Sector 

Mobile Prevention Department, at 251– 

441–5940. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On November 13, 2008, we published 

an Interim Rule with request for 

comments (IR) entitled Security Zones; 

Escorted Vessels, Mobile, AL, Captain of 

the Port Zone in the Federal Register 

(73 FR 67104). We received comments 

from three commenters. No public 

meeting was requested, and none was 

held. 

Background and Purpose 

The terrorist attacks of September 11, 

2001, heightened the need for 

development of various security 

measures throughout the seaports of the 

United States, particularly around 

vessels and facilities whose presence or 

movement creates a heightened 

vulnerability to terrorist acts; or those 

for which the consequences of terrorist 

acts represent a threat to national 

security. The President of the United 

States found that the security of the 

United States is and continues to have 

been endangered following the attacks 

of September 11 (E.O. 13273, 67 FR 

56215 (Sep. 3, 2002), and 73 FR 54489 

(Sep. 18, 2008)). Additionally, national 

security and intelligence officials 

continue to warn that future terrorist 

attacks are likely. The ports within the 

Captain of the Port (COTP) Zone Mobile, 

AL, as described in 33 CFR 3.40–10, 

frequently receive vessels that require 

additional security, including, but not 

limited to, vessels carrying sensitive 

Department of Defense cargoes, vessels 

carrying dangerous cargoes, and foreign 

naval vessels. The COTP has 

determined that these vessels have a 

significant vulnerability to subversive 

activity by other vessels or persons, or, 

in some cases, themselves pose a risk to 

a port and the public within the COTP 

Zone. This rule enables the COTP 

Mobile to provide effective port 

security, while minimizing the public’s 

confusion and easing the administrative 

burden of implementing separate 

temporary security zone rules for each 

escorted vessel. 

Discussion of Comments and Changes 

All three commenters expressed 

concern that a 500-yard security zone 

would exceed the width of some 

navigable waters in the COTP Zone and 

thereby effectively shutdown 

navigation. These comments recognized 

that the COTP Mobile intends to permit 

vessels to transit through the zone if 

such transit can be done safely, but the 

commenters expressed concern that the 

volume of maritime traffic in some of 

the waterways may create congestion 

and delays. We appreciate these 

concerns, but it is imperative that the 

law enforcement assets on-scene have 

an adequately sized buffer zone around 

the vessel to increase their ability to 

distinguish threats and to respond to 

threats that materialize. We also do not 

believe that a 500-yard security zone, 

even if extending bank-to-bank, will 

appreciably affect commercial 

navigation. Law enforcement assets onscene will be designated by the COTP 

Mobile to allow safe transit through the 

zone, which is now routinely done for 

the many safety and security zones 

throughout the COTP Mobile zone 

without undue impact on navigation. 

The IR and this Final Rule establish a 

permanent mechanism for vessels 

requiring escort instead of using the adhoc security zone processes that had 

been COTP Mobile’s past practice, and 

in doing so provide law enforcement 

assets with the appropriate legal basis 

and tools to ensure the security of the 

marine transportation system. 

Accordingly, this Final Rule does not 

change the size of the security zones 

established in the IR. 

Two commenters expressed concern 

with the IR’s provisions that allow, in 

some instances, the continuation of a 

security zone while the vessel is 

moored, even when law enforcement 

assets are not present. These 

commenters explained that without law 

enforcement assets on-scene the public 

would not be aware of the existence of 

the security zone, and there would be 

no efficient mechanism for obtaining 

approval from the COTP Mobile to 

transit through the zone. In instances 

where the security zone will continue 

without law enforcement assets present, 

the IR requires continued notice to the 

public through visible signs and 

markings and a Broadcast Notice to 

Mariners. We believe these 

requirements ensure sufficient notice to 

the public regarding the establishment 

of the security zone. However, we do 

agree that the lack of law enforcement 

assets on-scene in such cases could 

decrease the COTP Mobile’s response to 

requests to transit through the zone in 

circumstances where that zone extends 

bank-to-bank or well into a navigable 

channel. Therefore, in the final rule, we 

are amending the definition of an 

escorted vessel to continue to permit the 

continuation of a security zone under 

this Final Rule for an escorted vessel 

that is moored, but only when Coast 

Guard or other Federal, State, or local 


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