Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 30031 

they represent, if applicable, and their 

address in their comments. 

32. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

33. Commenters unable to file 

electronically must send an original and 

14 copies of their comments to: Federal 

Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street, NE., Washington, DC 20426. 

34. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VII. Document Availability 

35. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

36. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

37. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours from FERC 

Online Support at 202–502–6652 (toll 

free at 1–866–208–3676) or e-mail at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202)502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 40 

Electric power; Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–14783 Filed 6–23–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0453] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Great Egg Harbor Bay, Between 

Beesleys Point and Somers Point, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulations that govern the 

operation of the US Route 9/Beesleys 

Point Bridge over Great Egg Harbor Bay, 

at mile 3.5, between Beesleys Point and 

Somers Point, NJ. This proposal would 

allow the drawbridge to operate on an 

advance notice basis during specific 

dates and times of the year. The 

proposed change would result in more 

efficient use of the bridge during dates 

and times of infrequent transit. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 10, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0453 using any one of the 

following methods: 

(1) Federal Rulemaking 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 proposed 

rule, call or e-mail Sandra S. Elliott, 

Bridge Administration Branch, Fifth 

Coast Guard District, telephone 757– 

398–6557, e-mail 

Sandra.S.Elliott@uscg.mil. 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 rulemaking 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–2009–0453), 

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 delivery, 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– 

2009–0453’’ 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. 

30032 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 

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– 

2009–0453 in the Docket ID column. 

You may 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, 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 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 using one of the four methods 

specified under ADDRESSES. Please 

explain 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 Cape May County Department of 

Public Works (The County) is 

responsible for the operation of the U.S. 

Route 9 Bridge, at mile 3.5, across Great 

Egg Harbor Bay, between Beesleys Point 

and Somers Point, NJ. The County 

requested advance notification for 

vessel openings during specific dates 

and times of the year due to the 

infrequency of requests for vessel 

openings of the drawbridge. 

The U.S. Route 9/Beesleys Point 

Bridge has a vertical clearance of eight 

feet above mean high water in the 

closed-to-navigation position. The 

existing operating schedule is set out in 

33 CFR 117.5, which requires the 

drawbridge to open promptly and fully 

for the passage of vessels when a request 

to open is given. 

Bridge opening data, supplied by the 

County, revealed minimal requests for 

vessel openings during periods of time 

that the County desires to have the 

bridge unmanned. The numbers of 

openings vary from a high number of 

openings during the summer months 

and a low number of openings during 

the winter season. Similarly, there are 

very few opening during the hours of 

darkness. (See Table) 

IN-SEASON BRIDGE OPENINGS—MAY 15 TO SEPTEMBER 30 

2003 2004 2005 2006 2007 2008 

12 a.m. to 6 a.m .......................................................................................................................... 5 6 6 4 4 0 

10 p.m. to 6 a.m .......................................................................................................................... 5 10 7 10 10 4 

8 p.m. to 6 a.m ............................................................................................................................ 25 22 16 22 18 18 

OFF-SEASON BRIDGE OPENINGS—OCTOBER 1 TO MAY 14 

2003 2004 2005 2006 2007 2008 

12 a.m. to 6 a.m .......................................................................................................................... 2 5 4 1 5 5 

10 p.m. to 6 a.m .......................................................................................................................... 4 5 8 1 5 9 

8 p.m. to 6 a.m ............................................................................................................................ 5 5 11 3 7 10 

Due to the anticipated infrequency of 

requests for vessel openings of the 

drawbridge during these specific times 

and dates, the County requested to 

change the current operating regulation 

by requiring the draw of the bridge to 

open on signal, except from October 1 

to May 14 from 8 p.m. to 6 a.m., and 

from May 15 to September 30 from 10 

p.m. to 6 a.m., need open only if at least 

two hours notice is given. 

The County requests an additional 

change to the operating regulations to 

allow the U.S. Route 9/Beesleys Point 

Bridge to operate on an advance notice 

on December 24 through December 26 of 

every year. 

A review of the bridge logs supplied 

by the County for the past six years 

revealed that they have provided only 

one vessel opening within that time 

frame. The County requested to change 

the current operating regulations by 

requiring the draw span to open on 

signal if at least two hours notice is 

given from 8 p.m. on December 24 until 

and including 6 a.m. on December 26 of 

every year. This advance notice request 

coincides with other drawbridges 

operated by the County for the same 

dates in December. 

The Coast Guard believes that all of 

the proposed changes are reasonable 

because the drawbridge would still open 

during specific dates and times after the 

advance notice is given. 

The County will install a sign on both 

faces of the bascule span indicating the 

hours of operations and a two-hour 

advance notice when the bridge is 

unmanned. The sign would also list the 

County Public Works Department 24- 

hour telephone number at (609) 368– 

4591. 

Discussion of Proposed Rule 

The Coast Guard proposes to insert 

new regulations at 33 CFR § 117.722. 

The draw shall open on signal, except 

from October 1 through May 14 from 8 

p.m. to 6 a.m., from May 15 through 

September 30, from 10 p.m. to 6 a.m., 

and from 8 p.m. on December 24 until 

6 a.m. on December 26, the draw need 

open only if at least two hours notice is 

given. 

The proposed change would result in 

more efficient use of the bridge during 

dates and times of infrequent transit. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statues or executive 

orders. 

Regulatory Planning and Review 

This proposed 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. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 30033 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. We reached this 

conclusion based on the fact that the 

proposed 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 proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels needing to transit 

the bridge from October 1 to May 14 

from 8 p.m. to 6 a.m., from May 15 to 

September 30 from 10 p.m. to 6 a.m., 

and from 8 p.m. on December 24 until 

6 a.m. on December 26. 

This action 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 navigation, and 

mariners who plan their transits in 

accordance with the proposed 

scheduled bridge openings can 

minimize delay. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Waverly W. 

Gregory, Jr., Bridge Administrator, Fifth 

Coast Guard District, (757) 398–6222. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed 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 proposed rule would not affect 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children From 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination With Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do no individually or 

30034 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR Part 117 as follows: 

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. Add new § 117.722 to read as 

follows: 

§ 117.722 Great Egg Harbor Bay. 

The draw of the US Route 9/Beesleys 

Point Bridge, mile 3.5, shall open on 

signal, except from October 1 to May 14 

from 8 p.m. to 6 a.m., from May 15 to 

September 30 from 10 p.m. to 6 a.m., 

and from 8 p.m. on December 24 until 

6 a.m. on December 26, the draw need 

open only if at least two hours notice is 

given. 

Dated:June 8,2009. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard 

Commander, Fifth Coast Guard District. 

[FR Doc. E9–14747 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1250; MB Docket No. 09–83; RM– 

11532]. 

Radio Broadcasting Services; Dubois, 

WY 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Commission requests comment on 

a petition filed by Lorenz E. Proietti. 

Petitioner proposes the allotment of FM 

Channel 242C2 at Dubois, Wyoming, as 

a first local service. Channel 242C2 can 

be allotted at Dubois in compliance with 

the Commission’s minimum distance 

separation requirements with a site 

restriction of 6 km (3.8 miles) southwest 

of Dubois. The proposed coordinates for 

Channel 242C2 at Dubois are 43–29–59 

North Latitude and 109–41–17 West 

Longitude. 

DATES: Comments must be filed on or 

before July 27, 2009, and reply 

comments on or before August 11, 2009. 

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

petitioner’s counsel as follows: A. Wray 

Fitch, III, Esq., Gammon & Grange, P.C., 

8280 Greensboro Drive, Seventh Floor, 

McLean, Virginia 22102–3807. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–83, adopted June 3, 2009, and 

released June 5, 2009. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center (Room 

CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Wyoming, is amended 

by adding Dubois, Channel 242C2. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–14840 Filed 6–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 071025620–9075–01] 

RIN 0648–AW19 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery off the Southern Atlantic 

States; Amendment 7 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to implement Amendment 7 to the 

Fishery Management Plan for the 

Shrimp Fishery of the South Atlantic 

Region (FMP), as prepared and 

submitted by the South Atlantic Fishery 

Management Council (Council). For 

South Atlantic rock shrimp, this 

proposed rule would rename the rock 

shrimp permit and endorsement; require 

all South Atlantic shrimp permit 

holders to provide economic data if 

selected; reinstate all limited access 

rock shrimp endorsements for those 

vessel owners who renewed their open 

access permit in the year in which they 

failed to renew their limited access 

endorsement; remove the 15,000–lb 

(6,804–kg) rock shrimp landing 

requirement; and reinstate all limited