Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Rules and Regulations 27249 

FOR FURTHER INFORMATION CONTACT: 

Hyun Sun Kim, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7632, e-mail hkim@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The regulations promulgated under 

the Federal Hazardous Substances Act 

(FHSA), 15 U.S.C. 1261–1276, require 

cautionary labeling of hazardous 

substances. 16 CFR part 1500. Under 16 

CFR 1500.83(a)(35), individual blasting 

caps are exempt from bearing the 

statement, ‘‘Keep out of the reach of 

children,’’ or its practical equivalent, if: 

(i) Each cap bears conspicuously in the 

largest type size practicable the 

statement, ‘‘DANGEROUS—BLASTING 

CAPS—EXPLOSIVE’’ and; (ii) the outer 

carton and any accompanying printed 

matter bear appropriate, complete 

cautionary labeling. 

On October 16, 2006, the Institute of 

Makers of Explosives (IME) petitioned 

the Commission to amend the 

regulations at 16 CFR 1500.83(a)(35), to 

allow the use of the term ‘‘detonator’’ to 

be used interchangeably with the term 

‘‘blasting cap.’’ The petition was 

docketed as HP 07–1 and, on December 

12, 2006, the Commission published a 

notice in the Federal Register (71 FR 

74488) stating that it had received the 

petition and inviting public comment 

on the petition. No comments were 

received. 

IME specifically requested adding the 

term ‘‘detonator’’ to the regulation as 

follows (added text is underlined): 

Individual detonators or blasting caps are 

exempt from bearing the statement, ‘‘Keep 

out of the reach of children,’’ or its practical 

equivalent, if: 

(i) Each detonator or cap bears 

conspicuously in the largest type size 

practicable the statement, ‘‘DANGEROUS— 

BLASTING CAPS—EXPLOSIVE’’ or 

‘‘DANGEROUS—DETONATOR—

EXPLOSIVE’’; 

According to IME, the terms 

‘‘detonator’’ and ‘‘blasting cap’’ 

generally are synonymous in the 

explosives community. IME asserts that 

the term ‘‘detonator’’ may be interpreted 

as being more inclusive and is more 

commonly used than the term ‘‘blasting 

cap.’’ To minimize the possibility that 

an individual may not take 

recommended precautions when 

handling initiating devices, IME states 

that it has encouraged the use of the 

term ‘‘detonator’’ instead of the term 

‘‘blasting cap’’ whenever possible. IME 

states that there is no practical benefit 

to requiring the use of both the term 

‘‘detonator’’ and ‘‘blasting cap’’ on 

printed warnings given the limited 

space available on small detonators. 

IME does not advocate replacing the 

term ‘‘blasting cap’’ with ‘‘detonator’’ at 

this time. 

The Commission believes that the 

technical amendment will convey 

useful information concerning the scope 

of the labeling requirements for these 

devises. Because the term ‘‘detonator’’ is 

used widely, including ‘‘detonator’’ in 

16 CFR 1500.83(a)(35) will clarify that 

either a blasting cap or a detonator must 

bear conspicuously in the largest type 

size practicable the statement, 

‘‘DANGEROUS—BLASTING CAPS—- 

EXPLOSIVE’’ or ‘‘DANGEROUS— 

DETONATOR—EXPLOSIVE’’ as 

applicable. The inclusion of the term 

detonator also will increase safety 

awareness by warning individuals to 

take precautions when handling these 

types of devices whether they are 

referred to as blasting caps or 

detonators. Because this amendment is 

technical in nature rather than 

substantive, notice and comment are not 

necessary. See 5 U.S.C. 553(b)(3)(B). 

Moreover, the amendment does not 

change the substantive obligations of 

manufacturers of these devises. 

Accordingly, there is no need to delay 

the effective date. Id. 553 (d)(3). 

List of Subjects in 16 CFR Part 1500 

Consumer protection, Hazardous 

materials, Hazardous substances, 

Imports, Infants and children, Labeling, 

Law enforcement, Toys. 

Conclusion 

■ For the reasons discussed the 

Commission amends 16 CFR 1500.83 to 

read as follows: 

PART 1500—[AMENDED] 

■ 1. The authority citation for part 1500 

continues to read as follows: 

Authority: 15 U.S.C. 1261–1277. 

■ 2. Revise paragraphs 

(a)(35)introductory text and (a)(35)(i) of 

§ 1500.83 to read as follows: 

§ 1500.83 Exemptions for small packages, 

minor hazards, and special circumstances. 

(a) * * * 

(35) Individual detonators or blasting 

caps are exempt from bearing the 

statement, ‘‘Keep out of the reach of 

children,’’ or its practical equivalent, if: 

(i) Each detonator or cap bears 

conspicuously in the largest type size 

practicable the statement, 

‘‘DANGEROUS—BLASTING CAPS— 

EXPLOSIVE’’ or ‘‘DANGEROUS— 

DETONATOR—EXPLOSIVE’’; and 

* * * * * 

Dated: June 3, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–13365 Filed 6–8–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0286] 

Drawbridge Operation Regulations; 

New Haven Harbor, Quinnipiac and Mill 

Rivers, CT, Test Schedule Change 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of three bridges; the Ferry 

Street Bridge and the Grand Avenue 

Bridge across the Quinnipiac River, and 

the Chapel Street Bridge across the Mill 

River, all at New Haven, Connecticut. 

This deviation will test a change to the 

drawbridge operation schedule to 

determine whether a permanent change 

to the schedule is needed. 

DATES: This deviation is effective from 

May 1, 2009 through October 26, 2009. 

Comments must reach the Coast Guard 

on or before November 15, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0286 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone 212–668–7165. 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: 

27250 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Rules and Regulations 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. 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–2009–0286), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

suggestion or recommendation. You 

may submit your comments and 

materials 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– 

2009–0286’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

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– 

2009–0286 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either 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– 

0001, 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 all 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). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

The Ferry Street Bridge at mile 0.7, 

across the Quinnipiac River, has a 

vertical clearance in the closed position 

of 25 feet at mean high water and 31 feet 

at mean low water. The Grand Avenue 

Bridge at mile 1.3, across the 

Quinnipiac River, has a vertical 

clearance in the closed position of 9 feet 

at mean high water and 15 feet at mean 

low water. The Chapel Street Bridge at 

mile 0.4, across the Mill River, has a 

vertical clearance of 7 feet at mean high 

water and 13 feet at mean low water. 

The existing drawbridge operation 

regulations are listed at 33 CFR 117.213. 

The City of New Haven, the owner of 

the bridges, requested a change to the 

drawbridge operation regulations for the 

Ferry Street Bridge across Quinnipiac 

River at mile 0.7, the Grand Avenue 

Bridge across the Quinnipiac River at 

mile 1.3, and the Chapel Street Bridge 

at mile 0.4, across the Mill River, all at 

New Haven, Connecticut. 

During the past four years the Ferry 

Street Bridge has undergone a major 

rehabilitation. During the rehabilitation 

project the movable spans were 

removed or left in the open position at 

various times allowing navigation to 

pass at all times. 

Now that the Ferry Street Bridge is 

fully operational again, the bridge 

owner would like to test an alternate 

drawbridge operation schedule for all its 

bridges, the Ferry Street Bridge, the 

Grand Avenue Bridge and the Chapel 

Street Bridge, to help reduce the burden 

of crewing these bridges during time 

periods when there have been few 

requests to open. 

The waterway users are seasonal 

recreational craft, commercial fishing, 

and construction vessels. 

The existing drawbridge operation 

regulation listed at 33 CFR 117.213, 

authorizes a roving crew concept that 

requires the draw of the Ferry Street 

Bridge to open on signal from October 

1 through April 30, between 9 p.m. and 

5 a.m. unless the draw tender is at the 

Grand Ave. or Chapel Street bridges, in 

which case, a delay of up to one hour 

in opening is permitted. 

The bridge owner would like to 

extend the above roving crew concept to 

be in effect year round. 

As a result of all of the above 

information, the Coast Guard has 

decided to implement a temporary test 

deviation to test the requested change to 

the drawbridge operation regulations. 

The public is invited to comment 

regarding the effectiveness of this 

temporary test deviation. The Coast 

Guard will consider all comments 

received within the comment period 

before determining whether this 

proposed rule change should become 

either a permanent change to the rules, 

be revised or modified further, or if the 

existing regulations should remain 

unchanged. 

Under this temporary test deviation, 

in effect from May 1, 2009 through 

October 26, 2009, the Ferry Street 

Bridge, the Grand Avenue Bridge, and 

the Chapel Street Bridge shall operate as 

follows: 

The Ferry Street Bridge across 

Quinnipiac River at mile 0.7, shall open 

on signal for all marine traffic; except 

that, from 7:30 a.m. to 8:30 a.m. and 

4:45 p.m. to 5:45 p.m., weekdays except 

Federal holidays, the draw need not be 

opened for the passage of vessel traffic. 

From 9 p.m. to 5 a.m., the draw shall 

open on signal if at least a one hour 

advance notice is given to the draw 

tender at the Chapel Street Bridge by 

calling (203) 946–7618. 

The Grand Avenue Bridge across 

Quinnipiac River at mile 1.3, shall open 

on signal for all marine traffic; except 

that, from 7:30 a.m. to 8:30 a.m. and 

4:45 p.m. to 5:45 p.m., weekdays except 

Federal holidays, the draw need not be 

opened for the passage of vessel traffic. 

From 9 p.m. to 5 a.m. the draw shall 

open on signal if at least a one hour 

Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Rules and Regulations 27251 

advance notice is given to the draw 

tender at the Chapel Street Bridge by 

calling (203) 946–7618. 

The Chapel Street Bridge across the 

Mill River at mile 0.4, shall open on 

signal for all marine traffic; except that, 

from 7:30 a.m. to 8:30 a.m. and 4:45 

p.m. to 5:45 p.m., weekdays except 

Federal holidays, the draw need not be 

opened for the passage of vessel traffic. 

From 9 p.m. to 5 a.m. the draw shall 

open on signal if at least a one hour 

advance notice is given to the draw 

tender by calling (203) 946–7618. 

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: April 27, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–13369 Filed 6–8–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 010319075–1217–02] 

RIN 0648–XP65 

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Full-time Tier 2 Category 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; tilefish Fulltime Tier 2 permit category closure. 

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landings (TAL) available to 

the Full-time Tier 2 permit category for 

the 2009 fishing year will be harvested 

prior to the end of the fishing year. 

Commercial vessels fishing under the 

tilefish Full-time Tier 2 permit may not 

harvest tilefish from within the Golden 

Tilefish Management Unit for the 

remainder of the 2009 fishing year. 

Regulations governing the tilefish 

fishery require publication of this 

notification to advise the public of this 

closure. 

DATES: Effective 0001 hrs local time, 

June 6, 2009, through 2400 hrs local 

time, October 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fisheries Management 

Specialist, at (978) 281–9165. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the tilefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a TAL for federally 

permitted tilefish vessels harvesting 

tilefish from within the Golden Tilefish 

Management Unit. The Golden Tilefish 

Management Unit is defined as an area 

of the Atlantic Ocean from the latitude 

of the VA and NC border (36°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

economic zone, and northward to the 

U.S.-Canada border. After 5 percent of 

the overall annual tilefish TAL is 

deducted to reflect landings by vessels 

issued an open-access Incidental permit 

category, and after up to 3 percent of the 

TAL is set aside for research purposes, 

should research TAL be set aside, the 

remaining TAL is distributed among 

three tilefish limited access permit 

categories; Full-time Tier 1 category (66 

percent), Full-time Tier 2 category (15 

percent), and the Part-time category (19 

percent). 

The TAL for tilefish for the 2009 

fishing year was set at 1.995 million lb 

(905,172 kg) and then adjusted 

downward by 5 percent to 1,895,250 lb 

(859,671 kg) to account for incidental 

catch. There was no research set-aside 

for the 2009 fishing year. Thus, the Fulltime Tier 2 permit quota for the 2009 

fishing year, which is equal to 15 

percent of the TAL, was specified at 

284,288 lb (106,108 kg). However, due 

to an over-harvest in the 2008 fishing 

year, the quota for the Full-time permit 

category was adjusted downward by 

7,332 lb (3,326 kg) to 276,956 lb 

(125,625 kg). Notification of the 2009 

Full-time Tier 2 category quota for the 

2009 fishing year was sent in a Permit 

Holder Letter to all tilefish limited 

access permit holders on October 7, 

2008. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator), 

monitors the commercial tilefish quota 

for each fishing year using dealer 

reports, vessel catch reports, and other 

available information to determine 

when the quota for each limited access 

permit category is projected to have 

been harvested. NMFS is required to 

publish notification in the Federal 

Register notifying commercial vessels 

and dealer permit holders that, effective 

upon a specific date, the tilefish TAL for 

the specific limited access category has 

been harvested and no commercial 

quota is available for harvesting tilefish 

by that category for the remainder of the 

fishing year, from within the Golden 

Tilefish Management Unit. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that 

there is a high likely hood that the 2009 

tilefish TAL for the Full-time Tier 2 

category has been harvested as of June 

1, 2009. Therefore, effective 0001 hr 

local time, June 6, 2009, further 

landings of tilefish harvested from 

within the Golden Tilefish Management 

Unit by tilefish vessels holding Fulltime Tier 2 category Federal fisheries 

permits are prohibited through October 

31, 2009. The 2010 fishing year for 

commercial tilefish harvest will open on 

November 1, 2009. Federally permitted 

dealers are also advised that, effective 

June 6, 2009, they may not purchase 

tilefish from Full-time Tier 2 category 

federally permitted tilefish vessels who 

land tilefish harvested from within the 

Golden Tilefish Management Unit for 

the remainder of the 2009 fishing year 

(through October 31, 2009). 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

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

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. If 

implementation of this closure is 

delayed to solicit prior public comment, 

the quota for this category would be 

exceeded given the rate of harvest of 

tilefish for vessels in this category. This 

would conflict with the agency’s legal 

obligation under section 304(e) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act to 

rebuild this fishery as soon as possible. 

Overage of the Full-time Tier 2 category 

quota that occurs in a given fishing year 

is subtracted from the quota for this 

category in the following fishing year. 

This would have a negative economic 

impact on owners of vessels permitted 

in the Full-time Tier 2 category, who 

did not contribute to the overage this 

year, and fish during the next fishing 

year. The AA further finds pursuant to 

5 U.S.C. 553(d)(3) good cause to waive 

the thirty 30-day delayed effectiveness 

period for the reasons stated above. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: June 3, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13346 Filed 6–3–09; 4:15 pm] 

BILLING CODE 3510–22–S