33144 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[USCG–2009–0520] 

RIN 1625–AA08 

Special Local Regulation, Fran Schnarr 

Open Water Championships, 

Huntington Bay, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard has 

established a temporary Special Local 

Regulation (SLR) for the waters of 

Huntington Bay, New York for the 2009 

Fran Schnarr Open Water 

Championships. This SLR is necessary 

to provide for the safety of life on the 

navigable waters of Huntington Bay by 

protecting swimmers from the hazards 

imposed by vessel traffic. This action is 

intended to increase the safety of the 

swimmers by limiting vessel access to a 

portion of Huntington Bay, New York 

during the swim event being held on 

July 12th, 2009. Entry into this area will 

be prohibited unless authorized by the 

Captain of the Port Long Island Sound 

or the designated on-scene patrol 

personnel. 

DATES: This rule is effective from 7:15 

a.m. through 11:30 a.m. on July 12th, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0520 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–2009–0520 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 MSTC Christie 

Dixon, Prevention Department, USCG 

Sector Long Island Sound at 203–468– 

4459, e-mail: christie.m.dixon@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 while 

this is an annual event, the dates and 

proposed race course were not made 

available to the Coast Guard in 

sufficient time to allow for a notice and 

comment period. A cancellation of the 

swim event in order to provide for a 

notice and comment period is 

impractical and contrary to the public 

interest in holding this event. 

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. Immediate action is needed to 

restrict and control maritime traffic 

transiting the waters of Huntington Bay, 

New York during the swim event in 

order to ensure the safety of the 

participants and spectators. A delay or 

cancellation of the swim event in order 

to accommodate an effective date 30 

days after publication is contrary to the 

public’s interest in holding this event. 

Background and Purpose 

Over the last several years, 

Metropolitan Swimming, Inc. has 

hosted an annual open water 

championship swim on the waters of 

Huntington Bay, NY during a single day 

in July. This swim has historically 

involved up to 150 swimmers and 

accompanying safety craft. Currently 

there is no regulation in place to protect 

the swimmers or safety craft from the 

hazards imposed by passing water 

traffic and other water related activities. 

To ensure the continued safety of the 

swimmers, safety craft and the boating 

public, the Coast Guard has established 

a temporary special local regulation 

around the race course for the duration 

of the race, from 7:15 a.m. to 11:30 a.m. 

on July 12th, 2009. 

Discussion of Rule 

The Coast Guard has established this 

temporary special local regulation on 

the navigable waters of Huntington Bay, 

NY to exclude all unauthorized persons 

and vessels from approaching within 

100 yards of the planned race course 

which consists of the following points: 

Start/Finish at approximate location 

40°54′25.8′′ N 073°24′28.8′′ N, East Turn 

at approximate location 40°54′45′′ N 

073°23′36.6′′ N and a West Turn at 

approximate location 40°54′31.2′′ N 

073°25′21′′ N. This action is intended to 

prohibit vessel traffic in this portion of 

Huntington Bay, NY to provide for the 

safety of swimmers, swimmer safety 

craft and the boating community from 

the hazards posed by vessels operating 

near persons participating in this open 

water swim. 

The temporary special local 

regulation will only be enforced for 

approximately four hours and fifteen 

minutes on the day of the race. Marine 

traffic that may safely do so, may transit 

outside of the regulated area during the 

enforcement period, allowing navigation 

in all other portions of Huntington Bay, 

NY not covered by this rule. Entry into 

the designated area would be prohibited 

unless authorized by the Captain of the 

Port Long Island Sound or the 

designated on-scene patrol personnel. 

Notification of the race date and 

subsequent enforcement of the special 

local regulation will be made via marine 

broadcasts and broadcast notice to 

mariners. Any violation of the special 

local regulation described herein is 

punishable by, among others, civil and 

criminal penalties, in rem liability 

against the offending vessel, and license 

sanctions. 

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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This regulation may have some impact 

on the public, but the potential impact 

would be minimized for the following 

reason: vessels may transit in all areas 

of Huntington Bay, NY other than the 

area of the SLR with minimal increased 

transit time and the SLR will only be 

enforced for approximately four and a 

quarter hours on July 12th, 2009. 


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Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 33145 

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 may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit in those 

portions of Huntington Bay, NY covered 

by the SLR. For the reasons outlined in 

the Regulatory Evaluation section above, 

this rule will not have a significant 

impact on a substantial number of 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 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 a special local regulation 

issued in conjunction with a marine 

event. An environmental analysis 

checklist and a categorical exclusion 

determination will be available in the 

docket where indicated under 

ADDRESSES. 

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. 


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33146 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

■ 2. Add temporary § 100.120 to read as 

follows: 

§ 100.120 Fran Schnarr Open Water 

Championships, Huntington Bay, New York. 

(a) Regulated area. All navigable 

waters of Huntington Bay, NY within 

100 yards of the swim race course 

consisting of the following points: Start/ 

Finish at approximate position 

40°54′25.8′′ N 073°24′28.8′′ N, East Turn 

at approximate position 40°54′45′′ N 

073°23′36.6′′ N and a West Turn at 

approximate position 40°54′31.2′′ N 

073°25′21′′ N. 

(b) Definitions. The following 

definition applies to this section: 

Designated on-scene patrol personnel 

means any commissioned, warrant or 

petty officer of the U.S. Coast Guard 

operating Coast Guard vessels who has 

been authorized to act on the behalf of 

the Captain of the Port Long Island 

Sound. 

(c) Special local regulations. (1) The 

general regulations contained in 33 CFR 

§ 100.35 and § 100.40 apply. 

(2) In accordance with the general 

regulations in § 100.35 of this part, no 

person or vessel may enter, transit, or 

remain within the regulated area during 

the effective period of the regulation 

unless they are officially participating in 

the Fran Schnarr Open Water Swim 

event or are otherwise authorized by the 

Captain of the Port Long Island Sound 

or the designated on-scene patrol 

personnel. 

(3) All persons and vessels must 

comply with the instructions from the 

Coast Guard Captain of the Port Long 

Island Sound or the designated on-scene 

patrol personnel. The designated onscene patrol personnel may delay, 

modify, or cancel the swim event as 

conditions or circumstances require. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on-scene patrol personnel on VHF–16 or 

from the Captain of the Port Long Island 

Sound via phone at (203) 468–4401. 

(d) Effective Period. This rule is in 

effect from 7:15 a.m. to 11:30 a.m. on 

July 12th, 2009. Notification of the swim 

event and enforcement of the special 

local regulation will be made via 

separate marine broadcasts and 

broadcast notice to mariners. 

Dated: June 19, 2009. 

Daniel A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. E9–16307 Filed 7–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0546] 

Drawbridge Operation Regulations; 

Annisquam River and Blynman Canal, 

Gloucester, MA, Public Event 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Blynman (SR127) 

Bridge across the Blynman Canal at mile 

0.0, at Gloucester, Massachusetts. This 

deviation is necessary to facilitate the 

2009 Gloucester Triathlon. The 

deviation allows the bridge to remain in 

the closed position during this public 

event in the interest of public safety. 

DATES: This deviation is effective from 

9 a.m. through 11 a.m. on August 9, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0546 and are available online at http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0546 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. John McDonald, Project 

Officer, First Coast Guard District, 

telephone (617) 223–8364, 

john.w.mcdonald@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 

Blynman (SR127) Bridge, across the 

Blynman Canal at mile 0.0, at 

Gloucester, has a vertical clearance in 

the closed position of 7 feet at mean 

high water and 16 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.586. 

The waterway supports both 

commercial and seasonal recreational 

vessel traffic. 

Under this deviation the Blynman 

(SR127) Bridge may remain in the 

closed position from 9 a.m. through 11 

a.m. on August 9, 2009, to facilitate a 

public event, the 2009 Gloucester 

Triathlon. Vessels that can pass under 

the closed draws may do so at any time. 

This deviation is necessary for public 

safety, to facilitate vehicular traffic 

management during the 2009 Gloucester 

Triathlon. 

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 23, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–16395 Filed 7–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0005; FRL–8928– 

6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to the 1-Hour Ozone Plan for 

the Beaumont/Port Arthur Area: 

Control of Air Pollution From Volatile 

Organic Compounds, Nitrogen 

Compounds, and Reasonably 

Available Control Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving part of two 

Beaumont-Port Arthur (BPA) State 

Implementation Plan (SIP) revisions that 

were submitted separately by the State 

of Texas on October 15, 2005. The 

revisions being approved pertain to 

volatile organic compound (VOC) 

control requirements for batch 

processing and ship building and ship 

repair, and also to Reasonably Available 

Control Technology (RACT) 

requirements, for the Beaumont/Port 

Arthur (BPA) 1-hour ozone serious 

nonattainment area. In today’s action, 

EPA is approving: The State’s changes 

to the batch process rules and the 

shipbuilding and ship repair rules that 

lower the threshold for affected sources 

of VOC emissions to the serious area 

requirements of 50 tons per year (tpy), 


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