Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23629 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0337] 

Drawbridge Operating Regulations; 

Inner Harbor Navigation Canal, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 46 (St. 

Claude Avenue) bridge across the Inner 

Harbor Navigation Canal, mile 0.5 

(GIWW mile 6.2 East of Harvey Lock) in 

New Orleans, Orleans Parish, Louisiana. 

This deviation provides for the bridge to 

remain closed to navigation for 

approximately 36 consecutive hours 

within two 42 hour windows of 

opportunity to conduct scheduled 

maintenance to the drawbridge. 

DATES: This deviation is effective from 

6 a.m. on Saturday, May 23, 2009 until 

11:59 p.m. on Sunday, May 24, 2009, 

and from 6 a.m. on Saturday, May 30, 

2009 until 11:59 p.m. on Sunday, May 

31, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0337 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–2009–0337 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. The 

material is also available for inspection 

or copying at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have question on this deviation call 

David Frank, Bridge Administration 

Branch, telephone (504) 671–2128. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The Board 

of Commissioners of the Port of New 

Orleans has requested a temporary 

deviation in order to perform 

maintenance on the lakeside operating 

strut guide of the bridge. These repairs 

are necessary for the continued 

operation of the bridge. This deviation 

allows the draw of the St. Claude 

Avenue, bascule bridge across the Inner 

Harbor Navigation Canal, mile 0.5 

(GIWW mile 6.2 East of Harvey Lock), 

to remain closed to navigation for 36 

consecutive hours between 6 a.m. on 

May 23, 2009 and 11:59 p.m. on 

Sunday, May 24, 2009. Work on the 

bridge will begin at 6 a.m. on May 23, 

2009 unless a deep draft vessel requires 

a bridge opening during the morning 

hours. If a deep draft vessel needs a 

bridge opening, the work may be 

postponed for up to six hours. 

The bascule bridge has a vertical 

clearance of 1 foot above high water in 

the closed-to-navigation position. 

Navigation on the waterway consists 

mainly of tugs with tows and some 

ships. The bridge normally opens for 

navigation an average of eight times 

during the deviation period. In 

accordance with 33 CFR 117.458(a), the 

draw of the bridge shall open on signal; 

except that, from 6:30 a.m. to 8:30 a.m. 

and from 3:30 p.m. to 5:45 p.m., 

Monday through Friday, except Federal 

holidays, the draw need not open for the 

passage of vessels. Normally, the draw 

is required to open at any time for a 

vessel in distress. However, the bridge 

will not be able to open for emergencies 

during the closure period. No alternate 

routes are available. 

If for any reason, the work cannot be 

accomplished on May 23, 2009, the 

work will be postponed for one week 

and the same schedule will be used 

beginning at 6 a.m. on Saturday, May 

30, 2009 until 11:59 p.m. on Sunday, 

May 31, 2009. 

The Coast Guard has coordinated the 

closure with waterway users, industry, 

and other Coast Guard units. These 

dates and this schedule were chosen so 

as to minimize the significant effects on 

vessel traffic. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: April 29, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–11690 Filed 5–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0293] 

Drawbridge Operation Regulation; 

Biscayne Bay, Miami, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Venetian 

Causeway Bridge (East) across the 

Miami Beach Channel (Biscayne Bay), 

mile 0.0 at Miami, FL. The deviation is 

necessary to perform rehabilitation work 

on the bridge. This deviation allows the 

bridge to not open to vessel traffic from 

May 1 through June 20, 2009, except for 

emergency response vessels. 

DATES: This deviation is effective from 

May 1, 2009 until June 20, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0293 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–2009–0293 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 rule, call or 

e-mail Mr. Michael Lieberum, Bridge 

Branch, Seventh Coast Guard District, 

telephone 305–415–6744, e-mail 

Michael.b.lieberum@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: This 

deviation was requested by the 

contractor, Kiewit Construction, on 

behalf of the bridge owner, Miami-Dade 

County, in order to complete 

rehabilitation and painting of the 

Venetian Causeway Bridge (East) across 

Miami Beach Channel (Biscayne Bay), 

Miami, FL. The bridge has a vertical 

clearance of 5 feet in the closed position 

and a horizontal clearance of 57 feet. 

23630 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

The work will require a waterway 

closure from May 1 through June 20, 

2009, for the safety of the workers. From 

May 1 through May 30, 2009, this bridge 

will also be closed to vehicle traffic. The 

normal operating schedule for the 

bridge is in 33 CFR 117.269, which 

states that the draw shall open on 

signal, except that from 7 a.m. to 7 p.m., 

Monday through Friday, except Federal 

holidays, the bridge need only open on 

the hour and half-hour. This deviation 

is effective until June 20, 2009. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: May 1, 2009. 

P.J. Brown, 

Captain, U.S. Coast Guard, Commander, 

Seventh Coast Guard District, Acting. 

[FR Doc. E9–11691 Filed 5–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0265] 

RIN 1625–AA00 

Safety Zone; Sea World Memorial Day 

Fireworks; Mission Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, upon the 

navigable waters of Mission Bay in 

support of the Sea World Memorial Day 

Fireworks. This safety zone is necessary 

to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 8 p.m. 

on May 23, 2009 to 10 p.m. on May 25, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0265 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–2009–0265 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 San Diego, 

2710 N. Harbor Drive, San Diego, CA 

92101–1064 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail, Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA; 

telephone (619) 278–7262, e-mail 

Shane.E.Jakcson@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 

immediate action is necessary to ensure 

the safety of vessels, spectators, 

participants, and others in the vicinity 

of the marine event on the dates and 

times this rule will be in effect and 

delay would be contrary to the public 

interest. 

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 because delaying the effective 

date would be contrary to the public 

interest, since immediate action is 

needed to ensure the public’s safety. 

Background and Purpose 

Sea World is sponsoring the Sea 

World Memorial Day Fireworks, which 

will include a fireworks presentation 

from a barge in Mission Bay. The safety 

zone will be a 600 foot radius around 

the barge in approximate position 

32°46′03′′ N, 117°13′11′′ W. This 

temporary safety zone is necessary to 

provide for the safety of the crew, 

spectators, participants, and other 

vessels and users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 8 

p.m. to 10 p.m. on May 23, 2009 

through May 25, 2009. The limits of the 

safety zone will be a 600 foot radius 

around the barge in approximate 

position 32°46′03′′ N, 117°13′11′′ W. The 

safety zone is necessary to provide for 

the safety of the crew, spectators, 

participants, and other vessels and users 

of the waterway. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port, or his designated 

representative. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

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

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the size and location of the 

safety zone. Commercial vessels will not 

be hindered by the safety zone. 

Recreational vessels will not be allowed 

to transit through the designated safety 

zone during the specified times. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

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

a significant economic impact on a 

substantial number of small entities.