Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations 32075 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA, 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On April 15, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

additional controlled airspace at Twin 

Falls, ID (74 FR 17441). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S signed October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending the Class E airspace at Twin 

Falls, ID. Additional controlled airspace 

is necessary to accommodate IFR 

aircraft executing a new VOR approach 

procedure at Twin Falls Joslin Field— 

Magic Valley Regional, Twin Falls, ID. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

additional controlled airspace at Twin 

Falls Joslin Field—Magic Valley 

Regional, Twin Falls, ID. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008 is amended as follows: 

Paragraph 6005. Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM ID E5 Twin Falls, ID [Modified] 

Twin Falls Joslin Field—Magic Valley 

Regional, ID 

(Lat. 42°28′55′′ N., long. 114°29′16′′ W.) 

Twin Falls VORTAC 

(Lat. 42°28′47′′ N., long. 114°29′22′′ W.) 

That airspace extending upward from 700 

feet above the surface within 10.5 miles north 

and 4.3 miles south of the Twin Falls 

VORTAC 086° radial extending 26.1 miles 

east, and within 4.3 miles each side of the 

VORTAC 156° radial extending from the 

VORTAC to 8.3 miles southeast of the 

VORTAC, and within 10.3 miles north and 

7.3 miles south of the VORTAC 281° radial 

extending 20 miles west; that airspace 

extending upward from 1,200 feet above the 

surface bounded on the northeast by a line 

beginning at the intersection of long. 

114°01′03′′ W. and V–500, extending south 

along long. 114°01′03′′ W., to V–269, 

southwest along V–269 to the 18.3-mile 

radius of the Twin Falls VORTAC, thence 

clockwise via the 18.3-mile radius to V–484, 

northwest along V–484 to the 14.4-mile 

radius of the Twin Falls VORTAC, thence 

clockwise along the 14.4-mile radius to 

V–293, southwest along V–293 to the 

intersection of V–293 and long. 115°00′00′′ 

W., thence north along long. 115°00′00′′ W. 

to a point 7.9 miles southwest of V–253, 

thence northwest and parallel to V–253 for 

25.9 miles, thence to the intersection of 

V–4, V–253, and V–330, east along V–330 to 

V–293, north along V–293 to V–500, then to 

the point of beginning; excluding that 

airspace within Federal airways. 

* * * * * 

Issued in Seattle, Washington, on June 26, 

2009. 

H. Steve Karnes, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–15873 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0526] 

RIN 1625–AA00 

Safety Zones; Fireworks Displays in 

Boothbay Harbor, South Gardiner, and 

Woolwich, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing five temporary safety zones 

for the ‘‘Windjammer Days Fireworks’’, 

the ‘‘Boothbay Harbor Fourth of July 

Fireworks’’, the ‘‘Heritage Days 

Fireworks’’, the ‘‘Westerlund’s Landing 

Party Fireworks’’, and the ‘‘Town of 

Woolwich 250th Celebration’’ in the 

towns of Boothbay Harbor, South 

Gardiner, and Woolwich, Maine. These 

temporary safety zones are necessary to 

provide for the safety of life on the 

navigable waters by prohibiting 

spectators, vessels, and other users of 

the waterway from entering an area 

surrounding the fireworks launch site 

due to the hazards associated with 

fireworks displays. 

DATES: This rule is effective from 8 p.m. 

on June 24, 2009 until 10 p.m. on 

August 3, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0526 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0526 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the 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. 

32076 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail BMC Randy Bucklin, 

Coast Guard Sector Northern New 

England, Waterways Management 

Division; telephone 207–741–5440, email Randy.Bucklin@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because a 

notice and comment period would be 

impracticable due to the time 

constraints resulting from the 

immediacy of the upcoming events. The 

Coast Guard did not receive notification 

of the exact location or proposed dates 

for the fireworks events in sufficient 

time to issue a NPRM for this 

rulemaking. Further, the expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of those involved in 

displaying the fireworks, the spectators, 

and users of the waterway during the 

fireworks events. Finally, a delay or 

cancellation of the fireworks events in 

order to accommodate a notice and 

comment period is contrary to the 

public’s interest in this event occurring 

as scheduled. 

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. As noted above, the Coast 

Guard finds that it is both impractical 

and contrary to public interest to delay 

the effective date of this rule for 30 days 

after publication. Immediate action is 

needed in order to ensure the safety of 

the fireworks display crew, spectators 

and users of the waterway. The public 

will likely have close to 30 days notice 

after publication in the Federal Register 

for the two events scheduled in August, 

specifically the Westerlund’s Landing 

Party Fireworks and the Town of 

Woolwich 250th Celebration Fireworks. 

Background and Purpose 

The ‘‘Windjammer Days Fireworks’’, 

the ‘‘Boothbay Harbor Fourth of July 

Fireworks’’, the ‘‘Heritage Days 

Fireworks’’, the ‘‘Westerlund’s Landing 

Party Fireworks’’, and the ‘‘Town of 

Woolwich 250th Celebration’’ are 

annual marine fireworks events held in 

the months of June, July, and August, in 

the towns of Boothbay Harbor, South 

Gardiner, and Woolwich Maine. 

These regulations will establish fixed 

safety zones around the perimeter of the 

affected portions of Boothbay Harbor, 

Woolwich, and South Gardiner 

waterways. These safety zones are 

designed to protect spectators and 

vessels from the hazards associated with 

fireworks displays, and to protect the 

sponsors from the dangers of nearby 

vessel traffic by preventing entry into 

the zone during the enforcement time 

unless prior authorization is received by 

the Coast Guard Captain of the Port 

Northern New England. Hazards include 

the explosive and flammable nature of 

the fireworks and the risks to persons 

and property that could come in contact 

with burning material as well as the 

associated high noise level to those in 

close proximity to the explosions. 

Discussion of Rule 

This rule creates the following 

temporary safety zones: ‘‘Windjammer 

Days Fireworks’’: All navigable waters 

of Boothbay Harbor within a 500 yard 

radius of the fireworks launch site in the 

vicinity of Clam Rock in approximate 

location latitude 43°50′38′′ N, longitude 

069°37′57′′ W. This safety zone will be 

enforced from 8 p.m. to 10 p.m. on June 

24, 2009 with a rain date of July 4, 2009; 

‘‘Boothbay Harbor Fourth of July 

Fireworks’’: All navigable waters of 

Boothbay Harbor within a 500 yard 

radius of the fireworks launch site 

within the vicinity of Clam Rock in 

approximate location latitude 43°50′38′′ 

N, longitude 069°37′57′′ W. This safety 

zone will be enforced from 8 p.m. to 10 

p.m. on July 5, 2009 with a rain date of 

July 6, 2009; 

‘‘Heritage Days Fireworks’’: All 

navigable waters of the Kennebec River 

within a 500 yard radius of the 

fireworks launch site in the vicinity of 

Reed and Reed Boat Yard, Woolwich, 

Maine in approximate location latitude 

43°54′56′′ N, longitude 069°48′16′′ W. 

This safety zone will be enforced from 

8 p.m. to 10:30 p.m. on August 1, 2009 

with a rain date of August 2, 2009; 

‘‘Westerlund’s Landing Party 

Fireworks’’: All navigable waters of the 

Kennebec River within a 500 yard 

radius of the fireworks launch site in the 

vicinity of Nehumkeag Island, South 

Gardiner, Maine in approximate 

position latitude 44°10′19.56′′ N, 

longitude 069°45′24.68′′ W. This safety 

zone will be enforced from 9 p.m. to 10 

p.m. on August 2, 2009 with a rain date 

of August 3, 2009; 

‘‘Town of Woolwich 250th 

Celebration’’: All navigable waters of the 

Kennebec River within 500 yards of the 

fireworks launch site in the vicinity of 

Reed and Reed Dockyard, Woolwich, 

Maine in approximate location latitude 

43°54′59.06′′ N, longitude 069°48′16.23′′ 

W. This safety zone will be enforced 

from 9 p.m. to 10 p.m. on August 2, 

2009 with a rain date of August 3, 2009. 

During the times when the safety 

zones are in effect, vessel traffic will be 

restricted within the affected locations. 

Entry into these zones by any person or 

vessel will be prohibited unless 

specifically authorized by the Captain of 

the Port Northern New England, or his 

designated representatives. 

The Coast Guard has determined that 

the safety zones will not have a 

significant impact on commercial vessel 

traffic due to the temporary nature of 

the zones’ time and scope. The zones 

have been limited to the areas 

surrounding the events and they will be 

enforced only during the times of the 

fireworks displays. Public notifications 

will be made via marine information 

broadcasts during the effective period of 

these safety zones. 

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. 

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. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons: The safety 

zones will be of limited duration, cover 

only a small portion of the navigable 

waterways and the events are designed 

to avoid, to the extent practicable, deep 

draft, fishing, and recreational boating 

traffic routes. In addition, vessels may 

be authorized to transit the zone with 

permission of the Captain of the Port 

Northern New England; and maritime 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations 32077 

advisories will be broadcast during the 

duration of the enforcement periods. 

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 may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the designated safety zones during the 

enforcement periods stated above. 

The safety zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The safety zones 

are of limited size and of short duration 

and vessels that can safely do so may 

navigate in all other portions of the 

waterways except for the area 

designated as a safety zone. 

Additionally, before the enforcement 

periods, the Coast Guard will issue 

maritime advisories via marine 

broadcasts and advisories. 

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. 

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)(g), of the Instruction. This rule 

involves the establishment of safety 

zones. An environmental analysis 

checklist and a categorical exclusion 

determination will be available for 

review in the docket where indicated 

under ADDRESSES. 

32078 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107– 

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T01–0526 to 

read as follows: 

§ 165.T01–0526 Temporary Safety Zones 

for Fireworks Displays in Boothbay Harbor, 

South Gardiner, and Woolwich ME 

(a) Locations. The following areas are 

temporary safety zones: 

(1) For the ‘‘Windjammer Days 

Fireworks’’: all navigable waters of 

Boothbay Harbor within a 500 yard 

radius of the fireworks launch site in the 

vicinity of Clam Rock in approximate 

location latitude 43°50′38′′ N, longitude 

069°37′57′′ W. 

(2) For the ‘‘Boothbay Harbor Fourth 

of July Fireworks’’: all navigable waters 

of Boothbay Harbor within a 500 yard 

radius of the fireworks launch site in the 

vicinity of Clam Rock in approximate 

location latitude 43°50′38′′ N, longitude 

069°37′57′′ W. 

(3) For the ‘‘Heritage Days Fireworks’’: 

all navigable waters of the Kennebec 

River within a 500 yard radius of the 

fireworks launch site in the vicinity of 

Reed and Reed Boat Yard, Woolwich, 

Maine enclosed by an area starting at 

latitude 43°54′56′′ N, longitude 

069°48′16′′ W. 

(4) For the ‘‘Westerlund’s Landing 

Party Fireworks’’: all navigable waters of 

the Kennebec River within a 500 yard 

radius of the fireworks launch site in the 

vicinity of Nehumkeag Island, South 

Gardiner, Maine enclosed by an area 

starting at latitude 44°10′19.56′′ N, 

longitude 069°45′24.68′′ W. 

(5) For the ‘‘Town of Woolwich 250th 

Celebration’’: all navigable waters of the 

Kennebec River within a 500 yard 

radius of the fireworks launch site in the 

vicinity of Reed and Reed Dockyard, 

Woolwich, Maine enclosed by an area 

starting at latitude 43°54′59′′ N, 

longitude 069°48′16′′ W. 

(b) Enforcement Period. The 

temporary safety zones will be enforced 

during the following dates and times: 

(1) For the ‘‘Windjammer Days 

Fireworks’’: June 24, 2009 (Rain Date: 

July 4, 2009), between 8 p.m. to 10 p.m. 

(2) For the ‘‘Boothbay Harbor Fourth 

of July Fireworks’’: July 4, 2009 (Rain 

Date: July 5, 2009), between 8 p.m. to 10 

p.m. 

(3) For the ‘‘Heritage Days Fireworks’’: 

July 5, 2009 (Rain Date: July 6, 2009), 

between 8 p.m. to 10 p.m. 

(4) For the ‘‘Westerlund’s Landing 

Party Fireworks’’: August 1, 2009 (Rain 

Date: August 2, 2009), between 8 p.m. 

to 10:30 p.m. 

(5) For the ‘‘Town of Woolwich 250th 

Celebration’’ August 2, 2009 (Rain Date: 

August 3, 2009), between 9 p.m. to 10 

p.m. 

(c) Regulations. 

(1) During the enforcement period, 

entry into, transiting, remaining within 

or anchoring in these safety zones is 

prohibited unless authorized by the 

Captain of the Port Northern New 

England or his designated 

representatives. 

(2) These safety zones are closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Northern New England or his 

designated representatives. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Northern New England to act on his 

behalf. The designated representative 

will be aboard either a Coast Guard or 

Coast Guard Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

contact the Captain of the Port Northern 

New England or his designated 

representative via VHF Channel 16 to 

obtain permission to do so. 

(5) Vessel operators given permission 

to enter or operate in the safety zones 

must comply with all directions given to 

them by the Captain of the Port 

Northern New England or his 

designated representatives. 

Dated: June 23, 2009. 

B.J. Downey Jr., 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Sector Northern New 

England. 

[FR Doc. E9–15874 Filed 7–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0522] 

RIN 1625–AA00 

Safety Zone; San Clemente Island 

Northwest Harbor August and 

September Training; Northwest 

Harbor, San Clemente Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Northwest 

Harbor of San Clemente Island in 

support of the Naval Underwater 

Detonation. This safety zone is 

necessary to ensure non-authorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during the training activity. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

(COTP) or his designated representative. 

DATES: This rule is effective from 

August 1, 2009 through September 30, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0522 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0522 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: