Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26297 

to 7 p.m. Monday through Friday, and 

10 a.m. to 7 p.m. Saturdays and 

Sundays and Federal holidays, the draw 

need to open only on the hour, twenty 

minutes after the hour, and forty 

minutes after the hour. 

The local mayor has requested that 

the Coast Guard evaluate a twice an 

hour schedule. The Florida Department 

of Transportation, the bridge owner, has 

a concern related to the length of time 

during bridge openings on the weekends 

due to the accumulation of vessels 

between openings which may directly 

impact vehicle traffic. For this reason, 

FDOT will be monitoring the traffic flow 

through the area during this test and 

may recommend that the test be 

terminated at any point that vehicle 

traffic patterns show a detriment rather 

than an improvement in traffic flow. 

This test may have a minor impact on 

vessel traffic as there will be two 

openings an hour rather than three 

during these same time periods. 

This deviation will start on the date 

signed and will continue until 7 p.m. on 

May 31, 2009, unless otherwise 

terminated/cancelled due to heavier 

than normal traffic patterns. The 

Pinellas Bayway Structure ‘‘C’’ will 

open on demand except that from 7 a.m. 

to 7 p.m. the bridge will open on the 

hour and half-hour and Corey Causeway 

bridges will open on demand except 

that from 7 a.m. to 7 p.m. the bridge will 

open on the quarter and three-quarter 

hour, seven days a week. Vessels that 

may pass under the bridges without an 

opening may do so at any time. Public 

vessels of the United States and tugs 

with tows must be passed at any time. 

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: 14 May 2009. 

R.S. Branham, 

Rear Admiral, U.S. Coast Guard Commander, 

Seventh Coast Guard District. 

[FR Doc. E9–12822 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0424] 

RIN 1625–AA00 

Safety Zone: F/V PATRIOT, 

Massachusetts Bay, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is creating a 

temporary safety zone surrounding the 

sunken fishing vessel PATRIOT located 

approximately 17 miles northeast of 

Scituate, Massachusetts in 

Massachusetts Bay. The safety zone is in 

effect while the vessel remains on the 

sea floor and subsequently re-floated 

during salvage operations. The safety 

zone will then move with the vessel 

until the PATRIOT is safely moored. 

This action is necessary to ensure that 

vessels are not endangered by 

conducting dredging, diving, anchoring, 

fishing or other activities while the 

PATRIOT sits on the sea floor. This 

action is also necessary to assist in 

providing a safe work environment for 

those conducting the salvage operation. 

This temporary rulemaking is needed to 

protect the environment, the 

commercial fishing industry, salvage 

operators and the general public from 

potential hazards associated with the 

sunken vessel and from potential 

hazards associated with the salvage of 

the vessel. 

DATES: This rule is effective from May 

20, 2009 through June 10, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0424 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–2009–0424 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 the following location: 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, U.S. 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, located 

in approximately 95 feet of water 17 

miles northeast of Scituate, 

Massachusetts. This rule replaces the 

existing safety zone set to May 20, 2009, 

to ensure, to the extent practicable, the 

immediate, continued protections for 

the environment, the commercial 

fishing industry, salvage operators and 

the general public from the potential 

hazards associated with the salvage of 

the F/V PATRIOT. The loss of the F/V 

PATRIOT created significant interest in 

the local fishing community and 

considerable media interest. Salvage of 

the F/V PATRIOT has the potential of 

attracting a variety of on-lookers who 

may be searching for unanswered 

questions or are just curious; operations 

also have the potential of generating 

considerable media interest. An 

uncontrolled gathering of vessels 

surrounding the location of salvage 

operations has the potential of creating 

an unsafe work environment during 

salvage operations. It would be contrary 

to the public interest for the existing 

safety zone to lapse on the eve of such 

operations. 

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. 

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 

26298 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

have an estimated 5,000 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. 

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. The Coast Guard is 

implementing this safety zone to 

surround the F/V PATRIOT and the 

salvage equipment transporting it from 

its current resting place to its future 

berth. 

Discussion of Rule 

This regulation creates a temporary 

safety zone around the F/V PATRIOT 

currently located in Massachusetts Bay, 

Massachusetts, 17 miles northeast of 

Scituate, Massachusetts. The safety zone 

will protect the vessel until it is 

salvaged and subsequently transported 

to the shore, at which time the safety 

zone will no longer be enforced. This 

regulation is necessary to allow the 

owners of the F/V PATRIOT to safely 

conduct salvage operations and 

transport the vessel to shore. This safety 

zone is in place to protect the public 

from the hazards associated with a 

salvage operation. The zone extends for 

500 yards, in all directions, from the 

F/V PATRIOT, currently in approximate 

position 42°24′27.34′′ N, 70°27′17.23′′ 

W. Once F/V PATRIOT has been refloated, the safety zone shall remain in 

effect, reduce in size to 50 yards and 

move with the vessel until the vessel is 

safely moored. 

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 will be made 

through broadcast and local notice to 

mariners. Marine traffic may transit 

safely in surrounding areas, 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. 

This regulation is not significant 

regulatory action as it encompasses a 

sunken fishing vessel and the 

immediate area surrounding it. 

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 waterway 

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. 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26299 

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 023–01 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 a temporary safety zone which 

may last longer than a week and is not 

an emergency situation. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be 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. Add temporary § 165.T01–0424, to 

read as follows: 

§ 165.T01–0424 Safety Zone: F/V PATRIOT, 

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 the F/V 

PATRIOT while located in its currently 

approximate position of 42°24′27′′ N, 

070°27′17′′ W. When the vessel is refloated during salvage operations, the 

safety zone will reduce to a 50-yard 

radius and move with the F/V PATRIOT 

until safely moored. 

(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 or designated 

representative 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 May 20, 2009, until 

midnight June 10, 2009. 

Dated: May 20, 2009. 

John N. Healey, 

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

Port Boston. 

[FR Doc. E9–12706 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1119; MB Docket No. 09–46; RM– 

11524] 

Television Broadcasting Services; 

Buffalo, NY 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by New 

York Television, Inc., the licensee of 

station WNYO–DT, requesting the 

substitution of DTV channel 49 for its 

assigned post-transition DTV channel 34 

at Buffalo, New York. 

DATES: This rule is effective June 2, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–46, 

adopted May 20, 2009, and released 

May 21, 2009. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents