35120 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

yard radius of approximate position 

42°16′35′′ N, 070°51′15′′ W. 

(ii) Enforcement date. This rule will 

be enforced from 9 a.m. through 11 a.m. 

on July 18, 2009. 

(4) Charles River One Mile Swim, 

Charles River, Boston, MA. (i) All waters 

of Charles River, from surface to bottom, 

between the Longfellow Bridge and the 

Harvard Bridge. 

(ii) Enforcement date. This rule will 

be enforced from 8 a.m. through 9 a.m. 

on June 21, 2009. 

(5) Toyota/Sea Doo US Regional 

Championships, Salisbury Beach, 

Salisbury, MA. (i) The following area is 

a regulated area: All waters of the 

Atlantic Ocean near Salisbury Beach, 

Salisbury, MA, from surface to bottom, 

within a one hundred (100) yard radius 

of the race course site located at 

approximate position 42° 51′34′′ N, 070° 

48′34′′ W. 

(ii) Enforcement date. This rule will 

be enforced daily from 6:30 a.m. 

through 5 p.m. on June 27 through June 

28, 2009. 

(6) The Iron Distance Triathlon at 

Plymouth Rock, Plymouth Inner Harbor, 

Plymouth, MA. (i) All waters of 

Plymouth Inner Harbor, from surface to 

bottom, within a four hundred (400) 

yard radius of approximate position 

41°57′50′′ N, 070°39′42′′ W. 

(ii) Enforcement date. This rule will 

be enforced from 7 a.m. through 9:30 

a.m. on September 6, 2009. 

(7) The Mayflower Triathlon at 

Plymouth Rock, Plymouth Inner Harbor, 

Plymouth, MA. (i) All waters of 

Plymouth Inner Harbor, from surface to 

bottom, within a four hundred (400) 

yard radius of approximate position 

41°57′50′′ N, 070°39′42′′ W. 

(ii) Enforcement date. This rule will 

be enforced from 7:30 a.m. through 

12:30 p.m. on August 31, 2008. 

(8) 31st Annual Celebrate the Clean 

Harbor Swim, Gloucester Harbor, 

Gloucester, MA. (i) All waters of 

Gloucester Harbor, from surface to 

bottom, within a four hundred (400) 

yard radius of approximate position 

41°35′35′′ N, 070°39′45′′ W. 

(ii) Enforcement Date. This rule will 

be enforced from 10 a.m. through 11 

a.m. on September 5, 2009. 

(9) Gloucester Triathlon, Western 

Harbor, Gloucester, MA. (i) All waters of 

Western Harbor, from surface to bottom, 

starting at the beach at position 

42°36′34′′ N, 070°40′02′′ W, thence to 

42°36′29′′ N, 070°40′04′′ W, thence to 

42°36′28′′ N, 070°40′00′′ W, thence to 

the beach at position 42°36′33′′ N, 

070°39′58′′ W. 

(ii) Enforcement Date. This rule will 

be enforced from 10 a.m. through 11 

a.m. on September 5, 2009. 

(b) Definition. As used in this section, 

‘‘designated representative’’ means any 

Coast Guard commissioned, warrant, or 

petty officer, or any federal, state, or 

local law enforcement officer authorized 

to enforce this regulation on behalf of 

the Coat Guard Captain of the Port 

(COTP). 

(c) Regulations. (1) Entry into or 

remaining in the special local regulation 

area described in paragraph (a) of this 

section is prohibited unless authorized 

by the Coast Guard Captain of the Port 

(COTP) Boston, or the COTP’s 

designated representative. 

(2) Persons desiring to transit the area 

covered by the special local regulations 

may contact the Captain of the Port at 

telephone number 617–223–3201 or via 

on-scene patrol personnel on VHF 

channel 16 to seek permission to do so. 

If permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

his or her designated representative. 

Dated: June 18, 2009. 

John N. Healey, 

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

Port, Boston. 

[FR Doc. E9–17106 Filed 7–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0565] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Oak Island, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Atlantic Intracoastal 

Waterway at Oak Island, North Carolina. 

The safety zone is necessary to provide 

for the safety of life on navigable waters 

during the installation of bridge girders 

at the new high-level fixed highway 

bridge at the second crossing to Oak 

Island, North Carolina. 

DATES: This rule is effective from 7 a.m. 

on July 22, 2009 through 5:30 p.m. on 

August 12, 2009. 

ADDRESSES: Comments and materials 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket are part 

of docket USCG–2009–0565 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– 

2009–0565 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 temporary 

rule, call or e-mail CWO4 Stephen 

Lyons, Waterways Management 

Division Chief, Coast Guard Sector 

North Carolina; telephone (252) 247– 

4525, e-mail 

Stephen.W.Lyons2@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)(3)(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 action is needed to protect 

the maritime public from the hazards 

associated with the installation of bridge 

girders, including the use of heavy 

equipment and falling debris. The 

necessary information to determine 

whether the installation project posed a 

threat to persons and vessels was not 

provided with sufficient time to publish 

an NPRM. For the safety concerns 

noted, it is in the public interest to have 

this regulation in place during the girder 

installation. 

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 the effective date 

would be contrary to public interest, 

since immediate action is needed to 

ensure the public’s safety from the 

hazards noted above. 


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Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 35121 

Background and Purpose 

The State of North Carolina 

Department of Transportation awarded a 

contract to Lee Construction Company 

of the Carolinas, Inc. of Charlotte, North 

Carolina, to perform bridge girder 

installation at the new high-level fixed 

highway bridge at the second crossing to 

Oak Island, North Carolina. The contract 

provides for the installation of 8 bridge 

girders. The center bridge girder 

installation is scheduled to begin on 

July 22, 2009 through July 29, 2009 

between the hours of 7 a.m. to 5:30 p.m. 

each day. The contractor will be 

utilizing a deck barge with a 55′ beam, 

a 450 ton ringer crane on a stationary 

barge with an 85′ beam, and assist tug 

to conduct the girder installation. This 

operation presents a potential hazard to 

mariners from falling debris and the use 

of heavy equipment and machinery. To 

provide for the safety of the public, the 

Coast Guard will temporarily restrict 

access to this section of the Atlantic 

Intracoastal Waterway during girder 

installation. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone to encompass the 

waters of the Atlantic Intracoastal 

Waterway extending 250 yards in all 

directions from the main construction 

site. All vessels are prohibited from 

transiting this section of the waterway 

while the safety zone is in effect. Entry 

into the zone will not be permitted 

except as specifically authorized by the 

Captain of the Port or a designated 

representative. To seek permission to 

transit the area, mariners can contact 

Sector North Carolina at telephone 

number (252) 247–4570. This zone will 

be enforced from 7 a.m. to 5:30 p.m. 

each day, from July 22, 2009 through 

August 12, 2009. The enforcement 

period is scheduled to run longer than 

the planned operation to account for 

any delays in construction. The Captain 

of the Port may cancel enforcement of 

the safety zone if construction is 

completed before August 12. 

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. 

Although this regulation will restrict 

access to the area, the effect of this rule 

will not be significant because: (i) The 

safety zone will be in effect for a limited 

duration of time, (ii) the Coast Guard 

will give advance notification via 

maritime advisories so mariners can 

adjust their plans accordingly, and (iii) 

vessels may be granted permission to 

transit the area by the Captain of the 

Port or a designated representative. 

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 effect the following 

entities, some of which may be small 

entities: the owners or operators of tug 

and barge, recreational, and fishing 

vessels intending to transit the specified 

portion of the Atlantic Intracoastal 

Waterway from 7 a.m. to 5:30 p.m. 

beginning July 22, 2009 through August 

12, 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 a limited time each 

day. Although the safety zone will apply 

to the entire width of the Atlantic 

Intracoastal Waterway, vessel traffic can 

use alternate waterways to transit safely 

around the safety zone. Before the 

effective period, the Coast Guard will 

issue maritime advisories widely 

available to the users of the waterway. 

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 

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. 

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. 


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35122 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

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 

establishes a temporary safety zone to 

protect the public from bridge 

construction operations. An 

environmental analysis checklist 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—SAFETY ZONES 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

Chapter 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 temporary § 165.T05–0565 to 

read as follows: 

§ 165.T05–0565 Safety Zone; Atlantic 

Intracoastal Waterway, Oak Island, NC. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector North Carolina. 

Representative means any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

safety zone: This zone includes the 

waters of the Atlantic Intracoastal 

Waterway extending 250 yards in all 

directions from the main construction 

site at the new high-level fixed highway 

bridge at the second crossing to Oak 

Island, North Carolina. 

(c) Regulations. (1) The general 

regulations contained in § 165.23 of this 

part apply to the area described in 

paragraph (b) of this section. 

(2) Persons or vessels requiring entry 

into or passage through any portion of 

the safety zone must first request 

authorization from the Captain of the 

Port, or a designated representative, 

unless the Captain of the Port 

previously announced via Marine Safety 

Radio Broadcast on VHF Marine Band 

Radio channel 22 (157.1 MHz) that this 

regulation will not be enforced in that 

portion of the safety zone. The Captain 

of the Port can be contacted at telephone 

number (252) 247–4570 or by radio on 

VHF Marine Band Radio, channels 13 

and 16. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. to 5:30 p.m. 

each day from July 22, 2009 through 

August 12, 2009, unless cancelled 

earlier by the Captain of the Port. 

Dated: June 24, 2009. 

J.E. Ryan, 

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

Port North Carolina. 

[FR Doc. E9–17097 Filed 7–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0274] 

RIN 1625–AA00 

Safety Zone; Norfolk Tides Post-Game 

Fireworks Displays, Elizabeth River, 

Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

Elizabeth River in the vicinity of Harbor 

Park, Norfolk, VA in support of the postgame fireworks displays over the 

Elizabeth River. This action will protect 

the maritime public on the Elizabeth 

River from the hazards associated with 

fireworks displays. 

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

on July 2, 2009 until 10:30 p.m. on 

September 4, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0274 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– 

2009–0274 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 temporary 


erowe on DSK5CLS3C1PROD with RULES