Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34241 

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 M16475.1D 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. Therefore, 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: 

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. 

§ 117.727 [Amended] 

■ 2. Section 117.727 is removed. 

Dated: June 15, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard 

Commander, Fifth Coast Guard District. 

[FR Doc. E9–16833 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2007–0129] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Ernest Lyons (SR A1A), Stuart FL, and 

Memorial Clearwater Causeway (SR 

60), Clearwater, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the regulations governing the operation 

of the Ernest Lyons (SR A1A) Bridge 

across the Atlantic Intracoastal 

Waterway, mile 984.9 at Stuart, Florida, 

and the Memorial Clearwater Causeway 

(SR 60) Bridge across the Gulf 

Intracoastal Waterway, mile 136.0, at 

Clearwater, Florida. The bascule bridges 

have been removed, and fixed 

replacement bridges have been 

constructed. The regulations controlling 

the opening and closing of the 

drawbridges are no longer necessary. 

DATES: This rule is effective July 15, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2007– 

0129. 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–2007–0129 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–31), 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 Mr. 

Gwin Tate, Bridge Branch, Seventh 

Coast Guard District, at 305–415–6747. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard is issuing this 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) 

because public comment is unnecessary 

since the drawbridges that the 

regulations governed have been 

removed. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. There is no need to delay the 

implementation of this rule because this 

rule seeks to remove 33 CFR 117.261(p) 

and 33 CFR 117.287(j) from the Code of 

Federal Regulations since they govern 

drawbridges that have been removed 

and no longer affect navigation. 

Background and Purpose 

The former drawbridges across the 

Atlantic Intracoastal Waterway, mile 

984.9, and the Gulf Intracoastal 

Waterway, mile 136.0, which had 

previously serviced the area were 

removed. They no longer affect 

navigation. The regulation governing the 

operation of the drawbridges is found in 

33 CFR 117.261(p) and CFR 117.287(j). 

The purpose of this rule is to remove 33 

CFR 117.261(p) and CFR 117.287(j) from 

the Code of Federal Regulations. This 

final rule removes the regulations 

regarding the Ernest Lyons (SR A1A) 

and Memorial Clearwater (SR 60) 

drawbridges. 

Regulatory Evaluation 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This rule removes 

the operating regulations for two bridges 

that have already been removed. 

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 


srobinson on DSKHWCL6B1PROD with RULES
34242 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

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. 

Since the bridges governed by these 

operating regulations has been removed 

have been removed, the regulations 

controlling the opening and closing of 

the bridges are no longer necessary. 

Hence this action removing the 

operating regulations of the bridges will 

have no economic impact on small 

entities. 

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 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 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 

would not create an environmental risk 

to health or risk to safety that might 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this is one of a 

category of actions which, individually 

or cumulatively, is not likely to have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2. Figure 2–1, paragraph 32(e) of the 

Instruction and neither an 

environmental assessment nor an 

environmental statement is required. 

This rule involves the removal of the 

operating regulations for two 

drawbridges that have been removed 

and replaced with fixed bridges. 

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: 

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. 

§ 117.261(p) [Amended] 

■ 2. Remove § 117.261(p). 

§ 117.287(j) [Amended] 

■ 3. Remove § 117.287(j). 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34243 

Dated: June 17, 2009. 

D.W. Kunkel, 

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

Seventh Coast Guard District. 

[FR Doc. E9–16836 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

RIN 1625–AA00 

[Docket No. USCG–2009–0532] 

Safety Zones; Fireworks Displays 

Within the Captain of the Port Puget 

Sound Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing safety zones on the waters 

of the Puget Sound located in the 

Captain of the Port Puget Sound Zone 

during multiple firework displays. This 

action is necessary for the safety of life 

and property on navigable waters during 

these events. Entry into, transit through, 

mooring, or anchoring within these 

zones is prohibited unless authorized by 

the Captain of the Port, Puget Sound or 

a designated representative. 

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

on July 2, 2009 through 8 a.m. on 

August 2, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0532 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–2009–0532 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 Ensign Ashley M. 

Wanzer, USCG Sector Seattle 

Waterways Management Division, Coast 

Guard; telephone 206–217–6175, e-mail 

Ashley.M.Wanzer@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 

immediate creation of a safety zone is 

necessary to protect the public from the 

hazards associated with these fireworks 

events. These events involve the 

launching of projectiles over a marine 

environment and falling hot debris and 

flammable materials in the vicinity of 

public marine traffic and spectators. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard also finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register for the same reasons. 

Background and Purpose 

The U.S. Coast Guard is establishing 

temporary safety zones to allow for safe 

fireworks displays. All events occur 

within the Captain of the Port Puget 

Sound area of responsibility. These 

events may result in a number of vessels 

congregating near fireworks launching 

barges and sites. The safety zones are 

needed to protect watercraft and their 

occupants from safety hazards 

associated with fireworks displays. The 

Captain of the Port Puget Sound may be 

assisted by other federal and local 

agencies in the enforcement of this 

safety zone. 

Discussion of Rule 

This rule will control the movement 

of all vessels and persons in safety 

zones surrounding the following 

fireworks events: 

(1) Alderbrook Resort & Spa 4th of 

July, Hood Canal, WA, 9:45 p.m. to 

11:30 p.m. on July 2, 2009. 

(2) Langlie’s Old Fashioned 

Independence Celebration, Indianola, 

WA, 9:30 p.m. to 11:30 p.m. on July 3, 

2009. 

(3) Independence Day Firework Show, 

Liberty Bay Poulsbo, WA, 7:30 p.m. to 

11:30 p.m. on July 3, 2009. 

(4) Deer Harbor Annual Fireworks 

Display, Deer Harbor, WA, 11:30 a.m. on 

July 3, 2009 to 01 a.m. on July 4, 2009. 

(5) Tacoma Freedom Fair, 

Commencement Bay, WA, 9 p.m. to 

11:30 p.m. on July 4, 2009. 

(6) Blast Over Bellingham Bay, 

Bellingham Bay,WA, 9:30 p.m. to 11:30 

p.m. on July 4, 2009. 

(7) Bainbridge Island 4th of July, Eagle 

Harbor, WA, 9 p.m. to 11:30 p.m. on 

July 4, 2009. 

(8) Sheridan Beach Community, Lake 

Forest Park, WA, 9 p.m. to 11:30 p.m. 

on July 4, 2009. 

(9) City of Kenmore 4th of July, Lake 

Forest Park, WA, 9 p.m. to 11:30 p.m. 

on July 4, 2009. 

(10) Vashon Island 4th of July, 

Quartermaster Harbor, WA, 9 p.m. to 

11:30 p.m. on July 4, 2009. 

(11) Three Tree Point Community, 

Three Tree Point, WA, 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(12) Medina Days, Medina Park, WA, 

9:30 p.m. to 11:30 p.m. on July 4, 2009. 

(13) Orcas Island, Rock Island, Orcas 

Island, WA, 9 p.m. to 11:59 p.m. on July 

4, 2009. 

(14) Kingston Fireworks, Appletree 

Cove, WA, 9:30 p.m. to 11 p.m. on July 

4, 2009. 

(15) Port Townsend Sunrise Rotary, 

Port Townsend, WA, 9:30 p.m. to 11 

p.m. on July 4, 2009. 

(16) City of Mount Vernon 4th of July, 

Edgewater Park, WA, 9:30 p.m. to 11:30 

p.m. on July 4, 2009. 

(17) Kirkland 4th of July, Kirkland, 

Lake Washington, WA, 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(18) Lake Forest Park 4th of July, Lake 

Forest Park, WA, 9:30 p.m. to 11 p.m. 

on July 4, 2009. 

(19) City of Renton, Renton, Lake 

Washington, WA, 9:30 p.m. to 11 p.m. 

on July 4, 2009. 

(20) Yarrow Point Community, 

Yarrow Point, WA, 9:30 p.m. to 11 p.m. 

on July 4, 2009. 

(21) Fireworks Display, Henderson 

Bay, WA, 9:30 p.m. to 11:30 p.m. on 

July 4, 2009. 

(22) Chase Family Fourth at Lake 

Union, Lake Union, WA, 9:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(23) Port Orchard 4th of July 

Fireworks, Port Orchard, WA, 8:30 p.m. 

to 11:59 p.m. on July 4, 2009. 

(24) Steilicoom Annual 4th of July 

Fireworks, Steilicoom, WA, 7:30 p.m. to 

11:30 p.m. on July 4, 2009. 

(25) Friday Harbor Independence, 

Friday Harbor, WA, 8:30 p.m. to 11:59 

p.m. on July 4, 2009. 

(26) City of Anacortes, Fidalgo Bay, 

WA, 9:30 p.m. to 11:30 p.m. on July 4, 

2009. 

(27) Port Angeles, Port Angeles 

Harbor, WA, 9:30 p.m. to 11:30 p.m. on 

July 4, 2009. 

(28) 4th of July, Roche Harbor, WA, 

9:30 p.m. to 11:30 p.m. on July 4, 2009. 


srobinson on DSKHWCL6B1PROD with RULES