26296 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

the above dates then work may be 

performed on either June 19 or June 23, 

2009. 

Vessels that can pass under the draw 

without a bridge opening may do so at 

all times. 

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. 

Dated: May 13, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–12784 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0315] 

Drawbridge Operation Regulations; 

Gulf Intracoastal Waterway, St. 

Petersburg Beach and South 

Pasadena, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Pinellas 

Bayway Structure ‘‘C’’ and Corey 

Causeway (SR 693) Bridges across the 

Gulf Intracoastal Waterway, miles 114 

and 117.7, at St. Petersburg Beach, and 

South Pasadena, FL. This deviation will 

test a change to the drawbridge 

operation schedules to determine 

whether a permanent change to the 

schedule is needed. This deviation will 

allow both drawbridges to operate on a 

twice an hour schedule during the day. 

This deviation may be terminated/ 

cancelled at any time via a Broadcast 

Notice to Mariners. 

DATES: This deviation is effective from 

May 14, 2009, through 7 p.m. on May 

31, 2009. Comments should be 

submitted by June 10, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2009–0315 using any 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. 

2. Fax: 202–493–2251. 

3. Mail: 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– 

0001. 

4. Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call Michael Lieberum, 

Bridge Branch at 305–415–6744. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this action by submitting comments and 

related materials. All comments 

received will be posted, without change, 

to http://www.regulations.gov and will 

include any personal information you 

have provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–1225), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0315’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0315 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Background and Purpose 

The Pinellas Bayway Structure ‘‘C’’ 

bridge has a vertical clearance of 25 feet 

in the closed position and the Corey 

Causeway bridge has a vertical 

clearance of 23 feet in the closed 

position. 

Under the current operating 

regulations at 33 CFR 117.287(e), the 

draw of the Pinellas Bayway Structure 

‘‘C’’ bridge, mile 114, at St. Petersburg 

Beach shall open on signal; except that 

from 7 a.m. to 7 p.m., the draw need 

open only on the hour, twenty minutes 

past the hour, and forty minutes past the 

hour. Per 33 CFR 117.287(f), the draw of 

the Corey Causeway (SR 693) bridge, 

mile 117.7 at South Pasadena, shall 

open on signal; except that, from 8 a.m. 

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