30220 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

TABLE 2—ENLISTMENT AND AFFILIATION KICKER CODES*—Continued 

Code Rate Other Information 

J6 ................................. 650 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

J9 ................................. 650 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

K2 ................................ 750 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

K3 ................................ 750 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

K4 ................................ 750 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

K5 ................................ 750 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

K6 ................................ 750 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

K9 ................................ 750 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

L2 ................................ 850 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

L3 ................................ 850 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

L4 ................................ 850 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

L5 ................................ 850 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

L6 ................................ 850 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

L9 ................................ 850 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

M2 ............................... 950 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

M3 ............................... 950 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

M4 ............................... 950 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

M5 ............................... 950 Effective 1 August 2009. Requires a 5-year active duty service agreement. 

M6 ............................... 950 Effective 1 August 2009. Requires a 6-year active duty service agreement. 

M9 ............................... 950 Effective 1 August 2009. Requires a 4-year service agreement: 2 years on active duty plus 2 years in 

the Selected Reserve. 

* This will be the same coding structure for DoD Instruction 7730.54, ‘‘Reserve Components Common Personnel Data System (RCCPDS).’’ 

TABLE 3—REENLISTMENT KICKER CODES* 

Code Rate Other Information 

N2 ................................ $100 Effective 1 August 2009. Requires a 2-year active duty service agreement. 

N3 ................................ 200 Effective 1 August 2009. Requires a 3-year active duty service agreement. 

N4 ................................ 300 Effective 1 August 2009. Requires a 4-year active duty service agreement. 

* This will be the same coding structure for DoD Instruction 7730.54, ‘‘Reserve Components Common Personnel Data System (RCCPDS).’’ 

Dated: June 18, 2009. 

Patricia L. Topppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–14890 Filed 6–24–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0430] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Coast Guard is amending 

the list of recurring marine events 

within the Fifth Coast Guard District. 

These regulations make small changes 

to the regulated areas of two permitted 

marine events listed in the table 

attached to the regulation. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters during marine events. 

This action will restrict vessel traffic in 

portions of the Chesapeake Bay and 

Assateague Channel, Virginia. 

DATES: This interim final rule is 

effective July 27, 2009. Comments and 

related material must reach the Coast 

Guard on or before July 10, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0430 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 four 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 interim rule, 

call or e-mail, Dennis Sens, Project 

Manager, Fifth Coast Guard District, 

Prevention Division, 757–398–6204 or 

e-mail Dennis.M.Sens@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. 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30221 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0430), 

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 (via 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 telephone 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– 

2009–0430’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit 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 comments 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 

this 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– 

2009–0430 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also 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 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 you believe a public 

meeting 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. 

Regulatory Information 

The Coast Guard is issuing this 

interim 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 the 

amendments provided make only minor 

changes to the regulated area and 

enhance the safety of life on navigable 

waters during marine events. 

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. The potential dangers posed to 

event participants and protected 

wildlife on navigable waterways by 

vessel traffic makes special local 

regulations necessary. Delaying the 

effective date would be contrary to the 

public interest, since immediate action 

is needed to ensure the safety of the 

event participants, support vessels, 

spectator craft and other vessels 

transiting the event area. However, 

advance notifications will be made to 

users of the affected waterways via 

marine information broadcasts, local 

notice to mariners, commercial radio 

stations and area newspapers. 

Background and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. For a description of the 

geographical area of each Coast Guard 

Sector—Captain of the Port Zone, please 

see 33 CFR 3.25. 

This regulation amends two marine 

events listed in 33 CFR Part 100.501, 

Table to § 100.501. They are event No. 

20, The Great Chesapeake Bay Bridges 

Swim Races and Chesapeake Challenge 

One Mile Swim and event No. 42, Pony 

Penning Swim. 

Annually, the Great Chesapeake Bay 

Swim, Inc. sponsors the ‘‘The Great 

Chesapeake Bay Bridges Swim Races 

and Chesapeake Challenge One Mile 

Swim’’ on the waters of the Chesapeake 

Bay near the William P. Lane Jr. 

Memorial (Chesapeake Bay) Bridge. The 

regulated area is a line that runs parallel 

to both the north and south spans of the 

bridge and includes the waters 500 

yards north of the north span and 500 

yards south of the south span of the 

bridge. The regulated area listed in the 

Table to § 100.501 for event No. 20 is 

amended to describe the area as follows: 

The waters of the Chesapeake Bay 

between and adjacent to the spans of the 

William P. Lane Jr. Memorial Bridge 

shore to shore 500 yards north of the 

north span of the bridge from the 

western shore at latitude 39°00′36′′ N, 

longitude 076°23′53′′ W and the eastern 

shore at latitude 38°59′14′′ N, longitude 

076°20′00′′ W; and 500 yards south of 

the south span of the bridge from the 

western shore at latitude 39°00′16′′ N, 

longitude 076°24′30′′ W and the eastern 

shore at latitude 38°58′39′′ N, longitude 

076°20′10′′ W. The regulated area as 

described is amended to ensure the 

safety of participants and support 

vessels and in accordance with 33 CFR 

100.501 will be enforced for the 

duration of the marine event. Due to the 

need for vessel control during the event, 

vessel traffic will be temporarily 

restricted in this segment of the 

Chesapeake Bay. Under provisions of 33 

CFR 100.501, during the enforcement 

period, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Vessel traffic may be 

allowed to transit the regulated area 

only when the Patrol Commander 

determines it is safe to do so. 

Annually, the Chincoteague Volunteer 

Fire Department sponsors the ‘‘The 

Pony Penning Swim’’ on the waters of 

Assateague Channel that runs between 

Chincoteague and Assateague Islands. 

The regulated area includes the waters 

of Assateague Channel from shoreline to 

shoreline, bounded to the east by a line 

drawn from latitude 37°55′00′′ N, 

longitude 075°22′45′′ W, to latitude 

37°54′47′′ N, longitude 075°22′45′′ W, 


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30222 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

and to the south by a line drawn from 

latitude 37°54′47′′ N, longitude 

075°22′45′′ W, to latitude 37°54′47′′ N, 

longitude 075°23′04′′ W. The regulated 

area as described, is amended to ensure 

the safety of participants, wildlife and 

support vessels, and in accordance with 

33 CFR 100.501 will be enforced for the 

duration of the marine event. Due to the 

need for vessel control during the event, 

vessel traffic will be temporarily 

restricted in this segment of Assateague 

Channel. Vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Specific information on each event, 

including the exact dates, times and 

description of the regulated area, will be 

provided to the public through a Local 

Notice to Mariners published before the 

event, as well as through Broadcast 

Notice to Mariners. The public will also 

be notified about these marine events by 

local newspapers, radio and television 

stations. The various methods of 

notification provided by the Coast 

Guard and local community media 

outlets will facilitate informing mariners 

so they can adjust their plans 

accordingly. 

Discussion of Rule 

The regulated area for ‘‘The Great 

Chesapeake Bay Bridges Swim Races 

and Chesapeake Challenge One Mile 

Swim’’ is amended to correct two 

reference positions incorrectly listed in 

the Table to § 100.501, event No. 20. 

Specifically, the longitude that 

describes the point north of the northern 

bridge span near the western shoreline 

should have indicated 53 minutes vice 

5 minutes longitude. The latitude and 

longitude that describes the point south 

of the southern bridge span near the 

eastern shoreline should have indicated 

39 minutes latitude and 10 minutes 

longitude vice 38.5 minutes and 6 

minutes, respectively. This action is not 

considered a significant change with 

regard to both size of the regulated area 

and impact on vessels transiting the area 

during the enforcement period. This 

rule amends latitude and longitude 

points of reference that are located at 

the periphery of the regulated area. The 

adjustments to latitude and longitude 

discussed in this rule have minimal 

effect on the overall size of the regulated 

area, particularly where it intersects 

charted navigational channels. This 

corrective action will further enhance 

safety of event participants, support 

vessels and local area vessels transiting 

near the regulated area. 

The regulated area for ‘‘The 

Chincoteague Pony Penning Swim’’ is 

amended to correct the description of 

the regulated area incorrectly listed in 

the Table to § 100.501, event No. 42. 

The regulated area as amended by this 

rule adjusts the southern boundary line 

by moving it approximately 400 yards to 

the south along the mid-line of the 

channel and adjusts the eastern 

boundary by moving it approximately 

100 yards to the west along the mid-line 

of the channel. This action is not 

considered a significant change with 

regard to both size of the regulated area 

and impact on vessels transiting the area 

during the enforcement period. The 

regulated area encompasses a remote 

marsh area with relatively light vessel 

traffic. This corrective action will 

further enhance safety of event 

participants, wildlife, support vessels 

and local area vessels transiting near the 

regulated area. 

Regulatory Analyses 

We developed this interim 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. 

Although this rule prevents traffic 

from transiting a portion of certain 

waterways during specified events, the 

effect of this regulation will not be 

significant due to the limited duration 

that the regulated area will be in effect 

and the extensive advance notifications 

that will be made to the maritime 

community via marine information 

broadcasts, local radio stations and area 

newspapers so mariners can adjust their 

plans accordingly. In some cases vessel 

traffic may be able to transit the 

regulated area when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

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 would affect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the areas where marine events are being 

held. This regulation will not have a 

significant impact on a substantial 

number of small entities because it will 

be enforced only during marine events 

that have been permitted by the Coast 

Guard Captain of the Port. The Captain 

of the Port will ensure that small 

entities are able to operate in the areas 

where events are occurring when it is 

safe to do so. In some cases, vessels will 

be able to safely transit around the 

regulated area at various times, and, 

with the permission of the Patrol 

Commander, vessels may transit 

through the regulated area. Before the 

enforcement period, the Coast Guard 

will issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

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 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. 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30223 

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 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. 

Under figure 2–1, paragraph (34)(h), 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In § 100.501, in the Table to 

§ 100.501, revise number 20 and number 

42, to read as follows: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

* * * * * 


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30224 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

TABLE TO § 100.501.—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983. 

No. Date Event Sponsor Location 

Coast Guard Sector Baltimore—COTP Zone 

* * * * * * * 

20. ..... June—2nd Sunday .. The Great Chesapeake Bay Bridges 

Swim Races and 

Chesapeake Challenge One Mile 

Swim..

Great Chesapeake 

Bay Swim, Inc.

The waters of the Chesapeake Bay between and adjacent to 

the spans of the William P. Lane Jr. Memorial Bridge shore to 

shore 500 yards north of the north span of the bridge from 

the western shore at latitude 39°00′36′′ N, longitude 

076°23′53′′ W and the eastern shore at latitude 38°59′14′′ N, 

longitude 076°20′00′′ W, and 500 yards south of the south 

span of the bridge from the western shore at latitude 

39°00′16′′ N, longitude 076°24′30′′ W and the eastern shore 

at latitude 38°58′39′′ N, longitude 076°20′10′′ W. 

* * * * * * * 

Coast Guard Sector Hampton Roads—COTP Zone 

* * * * * * * 

42. ..... July—last Wednesday and following 

Friday.

Pony Penning Swim Chincoteague Volunteer Fire Department.The waters of Assateague Channel from shoreline to shoreline, 

bounded to the east by a line drawn from latitude 37°55′00′′ 

N, longitude 075°22′45′′ W, to latitude 37°54′47′′ N, longitude 

075°22′45′′ W, and to the south by a line drawn from latitude 

37°54′47′′ N, longitude 075°22′45′′ W, to latitude 37°54′47′′ N, 

longitude 075°23′04′′ W. 

* * * * * * * 

Dated: June 10, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–15024 Filed 6–24–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0486] 

Drawbridge Operation Regulations; 

Passaic River, NJTRO Bridge, 

Harrison, NJ, Maintenance 

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 New Jersey Transit 

Rail Operations (NJTRO) NewarkHarrison Bridge across the Passaic 

River, mile 5.8, at Harrison, New Jersey. 

The deviation is necessary to facilitate 

mechanical rehabilitation at the bridge. 

The deviation allows the bridge to 

remain in the closed position for four 

months. A two week advance notice for 

bridge openings will be required during 

the four months of construction. 

DATES: This deviation is effective from 

July 20, 2009 through November 20, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0486 and are available online at 

http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0001 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, New Jersey 

Transit Rail Operation, requested this 

temporary deviation to facilitate 

mechanical and structural rehabilitation 

construction at the bridge. The NJTRO 

Bridge across the Passaic River at mile 

5.8, at Harrison, New Jersey, has a 

vertical clearance in the closed position 

of 15 feet at mean high water and 20 feet 

at mean low water. The Drawbridge 

Operation Regulations are listed at 33 

CFR 117.739(g). 

Under this temporary deviation the 

NJTRO Bridge may remain in the closed 

position for four months from July 20, 

2009 through November 20, 2009, to 

facilitate rehabilitation construction at 

the bridge. The bridge shall open for 

vessel traffic upon two weeks notice by 

calling Mr. Harold Mullcavey, at 732– 

620–5354 during daytime business 

hours, 7 a.m. to 5 p.m., Monday through 

Friday. Vessels able to pass under the 

closed draw may do so at any time. 

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 11, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–14944 Filed 6–24–09; 8:45 am] 

BILLING CODE 4910–15–P 


sroberts on PROD1PC70 with RULES