Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29945 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0439 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. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

212 668–7165, joe.m.arca@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The owner 

of the bridge, the New Jersey 

Department of Transportation, requested 

this temporary deviation to facilitate a 

public event, the Rolling Thunder 

Freedom Ride. The bridge must remain 

in the closed position for one hour 

while the riders pass over the bridge. 

The Route 35 Bridge, across the 

Cheesequake Creek at mile 0.3, at South 

Amboy, New Jersey, has a vertical 

clearance in the closed position of 25 

feet at mean high water and 30 feet at 

mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.709. 

Under this temporary deviation the 

Route 35 Bridge may remain in the 

closed position from 11:45 a.m. through 

12:45 p.m. on September 20, 2009. 

Vessels that can pass under the draw in 

the closed position 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: June 3, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–14769 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–1175] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Pamunkey River, West Point, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

the Eltham Bridge (SR33/30), at mile 

1.0, across Pamunkey River at West 

Point, Virginia. This final rule will 

allow the bridge to open on signal if at 

least four hours notice is given at all 

times while still providing for the 

reasonable needs of navigation, due to 

the anticipated infrequency of requests 

for vessel openings of the drawbridge. 

DATES: This rule is effective July 24, 

2009. 

ADDRESSES: Comments and materials 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–1175 and are 

available online by going to 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–1175 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 Sandra S. Elliott, Bridge 

Management Specialist, Fifth Coast 

Guard District, at (757) 398–6557, e-mail 

Sandra.S.Elliott@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operation, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 12, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled, ‘‘Drawbridge Operation 

Regulations; Pamunkey River, West 

Point, VA’’ in the Federal Register (74 

FR 10692). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

The Virginia Department of 

Transportation (VDOT) is responsible 

for the operation of the Eltham Bridge 

(SR33/30), at mile 1.0, across Pamunkey 

River at West Point, VA. VDOT 

requested that the Coast Guard consider 

a four hour advance notification for 

vessel openings due to the infrequency 

of requests for vessel openings of the 

drawbridge. 

The new Eltham bascule bridge has 

recently been completed and is located 

immediately adjacent and downstream 

from the former structure. The former 

bridge provided 10 feet of vertical 

clearance over the navigable channel. 

The new bridge provides an additional 

45 feet of vertical clearance over the 

navigable channel. The increase in 

vertical clearance has eliminated the 

need to open on demand for all existing 

commercial traffic and it is anticipated 

that there will be very few requests 

other than for scheduled monthly 

maintenance openings. 

The existing operating regulation is 

set out in 33 CFR § 117.1023, which 

requires the draw to open on signal, 

except that the bridge need not open for 

commercial crabbing and fishing vessels 

and recreational vessels on Mondays 

through Fridays, except Federal 

Holidays, from 7 a.m. to 9 a.m., 12 noon 

to 1 p.m. and 4 p.m. to 6 p.m., at all 

other times, the bridge will open for 

these vessels only on the hour, Monday 

through Friday, except Federal holidays; 

and Public vessels of the United States 

must pass at any time. 

Bridge opening data, supplied by 

VDOT, revealed a significant decrease in 

yearly openings. In the past three years 

from 2005 to 2007, the bridge opened 

for vessels 593, 415 and 187 times, 

respectively. Due to the anticipated 

infrequency of requests for vessel 

openings of the drawbridge, VDOT 

requested to change the current 

operating regulation by requiring the 

draw of the bridge to open on signal if 

at least four hours notice is given yearround. 

Discussion of Comments and Changes 

The Coast Guard did not receive any 

comments on the NPRM. Therefore, no 

changes were made to the final rule. 

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. 

29946 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

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 conclusion is based on the fact that 

the changes have only a minimal impact 

on maritime traffic transiting the bridge. 

Mariners can plan their trips in 

accordance with the proposed 

scheduled bridge openings to minimize 

delays. 

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 affect the following 

entities, some of which might be small 

entities: The owners and operators of 

vessels needing to transit the bridge 

who can not clear the bridge at its 

closed position. This rule will not have 

a significant economic impact on a 

substantial number of small entities 

because the rule only adds minimal 

restrictions to the movement of vessels, 

and mariners who plan their transits in 

accordance with the proposed 

scheduled bridge openings can 

minimize delay. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking process. 

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. 

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 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph 32(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 117 as follows: 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29947 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.1023 to read as 

follows: 

§ 117.1023 Pamunkey River 

The draw of the Eltham Bridge (SR33/ 

30) mile 1.0, located in West Point, 

Virginia shall open on signal if at least 

four hours notice is given at all times. 

Dated: June 10, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U. S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–14772 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0440] 

Drawbridge Operation Regulations; 

Long Island, New York Inland 

Waterway From East Rockaway Inlet to 

Shinnecock Canal, Nassau County, NY, 

Public Event 

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 Meadowbrook State 

Parkway Bridge across Sloop Channel, 

mile 12.8, and the Long Beach Bridge, 

mile 4.7, across Reynolds Channel, 

Nassau County, New York. This 

deviation is necessary to facilitate the 

Salute to Veterans Fireworks Display. 

The deviation allows the bridges to 

remain in the closed position during the 

Salute to Veterans event to facilitate 

public safety. 

DATES: This deviation is effective from 

9:30 p.m. on June 27, 2009 through 

midnight on June 28, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0440 and are available online by going 

to www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0440 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 Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone 212 668–7165, judy.k.leungyee@uscg.mil. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Town 

of Hempstead, Department of Public 

Safety, requested this temporary 

deviation to facilitate a public event, the 

Salute to Veterans Fireworks Display. 

The Meadowbrook State Parkway 

Bridge, mile 12.8 across the Sloop 

Channel and the Long Beach Bridge, 

mile 4.7, across Reynolds Channel must 

remain in the closed position for two 

and one half hours to help facilitate 

public safety during the fireworks event. 

The Meadowbrook Parkway Bridge, 

across Sloop Channel at mile 12.8, at 

Nassau County, New York, has a vertical 

clearance in the closed position of 22 

feet at mean high water and 25 feet at 

mean low water. The Long Beach Bridge 

at mile 4.7 across Reynolds Channel has 

a vertical clearance of 20 feet at mean 

high water and 24 feet at mean low 

water. The drawbridge operation 

regulations are listed at 33 CFR 117.799. 

Under this temporary deviation the 

Meadowbrook State Parkway Bridge 

may remain in the closed position from 

9:30 p.m. through midnight and the 

Long Beach Bridge may remain in the 

closed position from 10 p.m. to 

midnight on June 27, 2009, with a rain 

date of June 28, 2009. Vessels that can 

pass under the draw in the closed 

position 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: June 3, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–14768 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG 2009–0401] 

Safety Zone; Red, White, and Blue 

Tahoe Fireworks Display, Lake Tahoe, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

Red, White, and Blue Tahoe Fireworks 

Display safety zone from 5 p.m. on July 

3, 2009 through 10 p.m. on July 4, 2009 

in position 39°14′16′′ N, 119°53′59′′ W 

(NAD83). This action is necessary to 

control vessel traffic and to ensure the 

safety of event participants and 

spectators. During the enforcement 

period, unauthorized persons or vessels 

are prohibited from entering into, 

transiting through, or anchoring in the 

safety zone, unless authorized by the 

Patrol Commander (PATCOM). 

DATES: The regulations in 33 CFR 

165.1191 will be enforced from 5 p.m. 

on July 3, 2009 through 10 p.m. on July 

4, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Lieutenant Junior Grade 

Simone Mausz, U.S. Coast Guard, 

Waterways Safety Division; telephone 

415–399–7442, e-mail 

simone.mausz@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone for 

the annual Red, White, and Blue Tahoe 

Fireworks Display in 33 CFR 165.1191 

on July 4, 2009. The fireworks launch 

site is approximately 700 feet off the 

shore line of Incline Village in Crystal 

Bay in position 39°14′16′′ N, 119°53′59′′ 

W (NAD83).