24696 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Rules and Regulations 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Vessel Number 

Masthead 

lights, distance to 

stbd of 

keel in meters; Rule 

21(a) 

Forward 

anchor 

light, distance 

below 

flight dk in 

meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, number of; 

Rule 

30(a)(i) 

AFT anchor light, 

distance 

below 

flight dk in 

meters; 

Rule 21(e), 

Rule 

30(a)(ii) 

AFT anchor light, 

number of; 

Rule 

30(a)(ii) 

Side lights, 

distance 

below 

flight dk in 

meters; § 2 

(g), Annex 

I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in 

meters; 

§ 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

* * * * * * * 

USS CARL VINSON ..................................... CVN–70 ... 30.1 .................. 1 .................. 1 0.53 .................. ..................

* * * * * * * 

* * * * * 

Approved: May 14, 2009. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law) 

[FR Doc. E9–12049 Filed 5–22–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0332] 

Drawbridge Operation Regulations; 

Shrewsbury River, Highlands, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Route 36 Bridge, 

across the Shrewsbury River at mile 1.8, 

at Highlands, New Jersey. This 

deviation will allow the bridge to open 

on signal for all marine traffic once an 

hour on weekends and holidays from 12 

p.m. to 8 p.m. during the boating 

season. 

DATES: This deviation is effective from 

May 23, 2009, through September 7, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0332 and are available Online at 

http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0332 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 

Gary Kassof, Project Officer, First Coast 

Guard District; telephone (212) 668– 

7021. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Route 

36 Bridge has a vertical clearance in the 

closed position of 35 feet at mean high 

water and 39 feet at mean low water. 

The existing drawbridge operation 

regulations are listed at 33 CFR 

117.755(a). The bridge presently opens 

on the hour and half hour between 7 

a.m. and 8 p.m. from May 15 through 

October 15, and on signal from 8 p.m. 

to 11 p.m. From 11 p.m. to 7 a.m. the 

bridge opens on signal after a four-hour 

advance notice is given. 

The Shrewsbury River is navigated 

predominantly by recreational power 

boats and sail boats of various sizes. 

Currently only one lane of vehicular 

traffic is open northbound on the Route 

36 Bridge due to the Highlands Bridge 

replacement project. 

As a result of the vehicular travel lane 

closures traffic congestion has become a 

major concern to motorists and local 

officials. The nearby Gateway National 

Recreation Area, operated by the 

National Park Service, has been 

particularly impacted on weekends by 

traffic delays as a result of the bridge 

construction and drawbridge openings 

for vessel traffic. 

The National Park Service, the New 

Jersey Department of Transportation, 

and local officials have made various 

adjustments to traffic control to help 

mitigate the vehicular traffic congestion; 

however, the traffic congestion on 

weekends in the afternoon continues to 

be a major safety concern when 

motorists are exiting the Sandy Hook 

area and the Gateway National 

Recreation Park. 

As a result, the National Park Service 

and the New Jersey Department of 

Transportation requested a temporary 

deviation from the drawbridge operation 

regulations to help facilitate a balance 

between vehicular traffic and marine 

traffic during the summer boating 

season. 

Under this temporary deviation, in 

effect from May 23, 2009 through 

September 7, 2009, the Route 36 Bridge 

at mile 1.8, across the Shrewsbury 

River, shall operate as follows: 

Monday through Friday, the draw 

shall open on signal, from 7 a.m. to 8 

p.m., on the hour and half hour only. 

From 8 p.m. to 11 p.m. the draw shall 

open on signal. From 11 p.m. to 7 a.m. 

the draw shall open on signal after at 

least a four-hour notice is given by 

calling the number posted at the bridge. 

Saturday, Sunday and holidays, the 

draw shall open on signal from 7 a.m. 

through noon, on the hour and half 

hour. From noon through 8 p.m., the 

draw shall open on signal once an hour, 

on the hour only. From 8 p.m. to 11 

p.m. the draw shall open on signal. 

From 11 p.m. to 7 a.m. the draw shall 

open on signal after at least a four-hour 

advance notice is given by calling the 

number posted at the bridge. 

In accordance with 33 CFR 117.35(e), 

the bridge 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. 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Rules and Regulations 24697 

Dated: May 13, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–12159 Filed 5–22–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0266] 

RIN 1625–AA00 

Safety Zone; Sea World May 

Fireworks; Mission Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, on the 

navigable waters of Mission Bay in 

support of the Sea World May 

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 30, 2009 through 10 p.m. on 

May 31, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0266 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–2009–0266 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, 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 Petty Officer Shane Jackson, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA at 

telephone (619) 278–7262. 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 Spring Nights 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 30, 2009 and 

May 31, 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 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. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: Vessel traffic can 

pass safely around the safety zone. 

Before the effective period, the coast 

Guard will publish a local notice to 

mariners (LNM) and will issue 

broadcast notice to mariners (BNM) 

alerts via marine channel 16 VHF before 

the safety zone is enforced. 

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.