Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35803 

in the closed position. The BNSF 

Railroad Bridge currently operates in 

accordance with 33 CFR 117.393(a) 

which requires that the bridge be 

maintained in the open-to-navigation 

position; closing only when a train 

needs to transit the bridge. 

The deviation period is from 8 a.m., 

July 27 to 8 p.m., July 29, 2009 when the 

draw span will be maintained in the 

closed-to-navigation position. During 

this time the lift drive mechanism will 

be inoperative. The draw span will not 

be returned to its fully open position 

until the lift drive mechanism is fully 

operational on August 2, 2009. During 

the period July 30–August 2, 2009 span 

openings will be coordinated with rail 

traffic closures and efforts to return the 

bridge to normal operations. Both 

commercial vessels and recreational 

watercraft use the waterway. Most 

commercial vessels can not pass 

underneath the bridge while it is in the 

closed position. Only vessels having a 

low-clearance profile will be able to 

pass under the span while in the closed 

position. There are no alternate routes 

for vessels transiting this section of the 

Illinois Waterway. Minimal impact to 

navigation is expected. 

In accordance with 33 CFR 

117.393(a), the drawbridge shall return 

to its normal operating schedule 

immediately at the end of the 

designated time period. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35(c). 

Dated: June 6, 2009. 

Roger K. Wiebusch, 

Bridge Administrator. 

[FR Doc. E9–17196 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0649] 

RIN 1625–AA00 

Safety Zone; Friends of Fireworks 

Celebration, Lake Huron, St. Ignace, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Huron, St. Ignace, MI. This zone is 

intended to restrict vessels from a 

portion of Lake Huron during the 

Friends of Fireworks Celebration 

fireworks displays taking place July 11 

through September 5, 2009. This 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with fireworks 

displays. 

DATES: This rule is effective from 9 p.m. 

on July 11, 2009, until 11 p.m. on 

September 5, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0649 and are available online at http:// 

www.regulations.gov selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0649 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 LCDR Christopher Friese, 

Prevention Dept. Chief, U.S. Coast 

Guard Sector Sault Sainte Marie, 906– 

635–3220 or email 

Christopher.R.Friese@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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 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 

permit application was not received in 

time to publish a NPRM followed by a 

final rule before the effective date and 

immediate action is necessary to 

prevent possible loss of life and 

property that is potentially associated 

with this fireworks display. 

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. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this event and immediate 

action is necessary to prevent possible 

loss of life or property. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. Based on the 

explosive hazards of fireworks, the 

Captain of the Port Sault Sainte Marie 

has determined that fireworks launches 

proximate to watercraft pose significant 

risk to public safety and property. The 

likely combination of large numbers of 

recreation vessels, congested waterways, 

darkness punctuated by bright flashes of 

light, alcohol use, and debris falling into 

the water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone to control vessel movement 

around the location of the launch 

platform will help ensure the safety of 

persons and property at these events 

and help minimize the associated risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading, and 

launching of fireworks displays in 

conjunction with the Friends of 

Fireworks Celebration fireworks 

displays. The fireworks displays will 

occur between 9 p.m. and 11 p.m. on 

July 11, July 18, July 25, August 1, 

August 8, August 15, August 22, August 

29, and September 5, 2009. If a 

fireworks display is cancelled due to 

inclement weather, then the fireworks 

display will occur between 9 p.m. and 

11 p.m. on the following day (July 12, 

July 19, July 26, August 2, August 9, 

August 16, August 23, August 30, or 

September 6, 2009). 

The safety zone for the fireworks will 

encompass all waters of Lake Huron 

within a 1,000-foot radius from the 

fireworks launch site in East Moran Bay, 

with its center in position: 45°52′43′′ N, 

084°43′69′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Sector Sault Sainte Marie or his onscene representative. The Captain of the 

Port or his on-scene representative may 

be contacted via VHF Channel 16. 


erowe on DSK5CLS3C1PROD with RULES
35804 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

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. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zones’ activation. 

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 and operators of 

vessels intending to transit or anchor in 

a portion of Lake Huron off St. Ignace, 

Michigan between 9 p.m. and 11 p.m. 

on July 11, July 18, July 25, August 1, 

August 8, August 15, August 22, August 

29, and September 5, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: this rule will be 

in effect for only two hours for each 

event. Vessel traffic can safely pass 

outside the safety zone during the event. 

In the event that this temporary safety 

zone affects shipping, commercial 

vessels may request permission from the 

Captain of the Port Sault Sainte Marie 

to transit through the safety zone. The 

Coast Guard will give notice to the 

public via a Broadcast to Mariners that 

the regulation is in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could 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 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 would not result in 

such 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 concern 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 

procedure; and related management 

system practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35805 

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, because it 

involves the establishment of a 

temporary safety zone. 

A final environmental analysis check 

list and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add new temporary § 165.T09– 

0649 as follows: 

§ 165.T09–0649 Safety Zone; Friends of 

Fireworks Celebration, Lake Huron, St. 

Ignace, MI. 

(a) Location. The following area is a 

temporary safety zone: all waters of 

Lake Huron within a 1,000-foot radius 

from the Fireworks launch site in East 

Moran Bay, with its center in position: 

45°52′43′′ N, 84°43′69′′ W. (NAD 83). 

(b) Effective period. This rule is 

effective from 9 p.m. on July 11, 2009 

until 11 p.m. on September 5, 2009. 

This rule will be enforced from 9 p.m. 

to 11 p.m. on July 11, July 18, July 25, 

August 1, August 8, August 15, August 

22, August 29, and September 5, 2009. 

If a fireworks are cancelled due to 

inclement weather, then this rule will 

be enforced from 9 p.m. to 11 p.m. on 

the following day (July 12, July 19, July 

26, August 2, August 9, August 16, 

August 23, August 30, or September 6, 

2009). 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Sault Sainte Marie 

or on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Sault Sainte Marie or his on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Sault 

Sainte Marie or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port or his onscene representative may be contacted 

via VHF Channel 16. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Sault Sainte Marie or his onscene representative. 

Dated: July 8, 2009. 

M.J. Huebschman, 

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

Port Sault Sainte Marie. 

[FR Doc. E9–17245 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0513] 

RIN 1625–AA00 

Safety Zone; Access Destinations 

Fireworks Display, San Diego Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of San Diego Bay in 

support of the Access Destinations 

Fireworks. This temporary safety zone is 

necessary to provide for the safety of the 

crew, spectators, and other users and 

vessels of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this temporary safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 1 p.m. 

to 11 p.m. on July 30, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0513 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–2009–0513 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 Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; 

telephone 619–278–7262, e-mail 

Shane.E.Jackson@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 the 

logistical arrangements of the fireworks 

show were neither finalized nor 

presented to the Coast Guard in enough 

time to draft and publish an NPRM, and 

any delay in the effective date of this 

rule would expose members of the 

public to the dangers associated with 

fireworks displays. 

For the same reasons, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) that 

good cause exists for making this rule 


erowe on DSK5CLS3C1PROD with RULES