Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Rules and Regulations 36607 

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 the enforcement of special 

local regulations, pursuant to 33 CFR 

100, for the annual Port Huron to 

Mackinac Island Sail Race, July 25, 2009 

at 9 a.m. to July 25, 2009 at 4 p.m. This 

action is necessary to safely control 

vessel movements in the vicinity of the 

start of the race and provide for the 

safety of the general boating public and 

commercial shipping. Regulations will 

be in effect for seven hours on the day 

the event starts. The Coast Guard will 

patrol the race area under the direction 

of a designated Coast Guard Patrol 

Commander. 

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 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. 

■ 2. A new temporary § 100.35T09–0659 

is added as follows: 

§ 100.35T09–0659 Special Local 

Regulations for Marine Events; Port Huron 

to Mackinac Island Sail Race. 

(a) Location. The special local 

regulations apply to the waters of the 

Black River, St. Clair River and lower 

Lake Huron from: 

Latitude Longitude 

42°58.8′ N ............ 082°26′ W, to 

42°58.4′ N ............ 082°24.8′ W, thence 

northward along the 

International Boundary 

to 

43°02.8′ N ............ 082°23.8′ W, to 

43°02.8′ N ............ 082°26.8′ W, thence 

southward along the 

U.S. shoreline to 

42°58.9′ N ............ 082°26′ W, thence to 

42°58.8′ N ............ 082°26′ W. 

[DATUM: NAD 1983]. 

(b) Effective period. This rule is 

effective from 9 a.m. to 4 p.m. on July 

25, 2009. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section 100.35 of this 

part, the Coast Guard will patrol the 

regatta area under the direction of a 

designated Coast Guard Patrol 

Commander (‘‘PATCOM’’). The 

PATCOM may be contacted on Channel 

16 (156.8 MHz) by the call sign ‘‘Coast 

Guard Patrol Commander.’’ Vessels 

desiring to transit the regulated area 

may do so only with prior approval of 

the PATCOM and when so directed by 

that officer. 

(2) Vessels will be operated at a no 

wake speed to reduce the wake to a 

minimum, and in a manner which will 

not endanger participants in the even or 

any other craft. The rules in this 

subparagraph shall not apply to 

participants in the event or vessels of 

the patrol operating in the performance 

of their assigned duties. 

(3) The PATCOM may direct the 

anchoring, mooring or movement of any 

boat or vessel within the regatta area. A 

succession of sharp, short signals by 

whistle or horn from vessels patrolling 

the area under the direction of the U.S. 

Coast Guard PATCOM shall serve as a 

signal to stop. Vessels so signaled shall 

stop and shall comply with the orders 

of the PATCOM. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(4) The PATCOM may establish vessel 

size and speed limitations and operating 

conditions. The PATCOM may restrict 

vessel operation within the regatta area 

to vessels having particular operating 

characteristics. The PATCOM may 

terminate the marine event or the 

operation of vessel at any time it is 

deemed necessary for the protection of 

life and property. 

Dated: July 10, 2009. 

F.M. Midgette, 

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

Port Detroit. 

[FR Doc. E9–17748 Filed 7–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0578] 

Drawbridge Operation Regulations; 

East River, New York City, NY, 

Maintenance 

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 Roosevelt Island 

Bridge across the East River, mile 6.4, at 

New York City, New York. Under this 

temporary deviation the bridge may 

remain in the closed position for one 

month to facilitate completion of 

ongoing bridge maintenance. Vessels 

that can pass under the draw without a 

bridge opening may do so at all times. 

DATES: This deviation is effective from 

July 24, 2009 through August 15, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0578 and are available online at 

http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0578 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 


rmajette on DSK29S0YB1PROD with RULES
36608 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Rules and Regulations 

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. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

(212) 668–7165, joe.m.arca@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 

Roosevelt Island Bridge, across the East 

River, mile 3.1, at New York City, New 

York, has a vertical clearance in the 

closed position of 34 feet at mean high 

water and 40 feet at mean low water. 

The existing drawbridge operation 

regulations are listed at 33 CFR 

117.781(c). 

The East River at the bridge location 

is a secondary channel not normally 

used by the local seasonal recreational 

vessels, and commercial vessels that can 

transit around Roosevelt Island on the 

other side. 

The owner of the bridge, New York 

City Department of Transportation, 

requested a temporary deviation to 

facilitate the completion of construction 

for a major rehabilitation of the bridge. 

On March 19, 2009, we published a 

temporary deviation entitled ‘‘East 

River, New York’’ in the Federal 

Register (74 FR 11645) that allowed the 

Roosevelt Island Bridge to remain in the 

closed position from April 15, 2009 

through July 14, 2009, to facilitate 

rehabilitation construction at the bridge. 

On June 18, 2009, the bridge owner 

notified us that the construction 

authorized under the above temporary 

deviation would not be completed as 

originally scheduled on July 14, 2009, 

and that an additional temporary 

deviation would be necessary for one 

additional month, July 15, 2009 through 

August 15, 2009, in order to finish their 

work. 

Under this temporary deviation the 

Roosevelt Island Bridge may remain in 

the closed position from July 15, 2009 

through August 15, 2009. Vessels that 

can pass under the bridge without a 

bridge opening may do so at all times. 

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: July 14, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–17749 Filed 7–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0456] 

RIN 1625–AA00 

Safety Zone; Naval Training August 

and September, 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 Pacific Ocean at 

the north end of San Clemente Island in 

support of Naval Live Fire Training. 

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– 

0456 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–2009–0456 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: 

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 action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of 

any live fire training on the dates and 

times this rule will be in effect and 

delay would be contrary to the public 

interest. 

For the same reasons, the Coast Guard 

also finds that good cause exists under 

5 U.S.C. 553(d)(3) for making this rule 

effective less than 30 days after 

publication in the Federal Register. Any 

delay in the effective date of this rule 

would expose mariners to the dangers 

posed by the training. 

Background and Purpose 

U.S. Naval forces will be conducting 

intermittent training involving live fire 

exercises throughout August and 

September 2009. 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. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

August 1, 2009 through September 30, 

2009. The limits of the safety zone will 

be the navigable waters of the Pacific 

Ocean at the north end of San Clemente 

Island bounded by lines connecting the 

following coordinates: Beginning at 

33°01.09′ N, 118°36.34′ W; thence to 

32°59.95′ N, 118°39.77′ W; thence 

running parallel to the shoreline at a 

distance of approximately 3 NM to 

33°02.81′ N, 118°30.65′ W; thence to 

33°01.29′ N, 118°33.88′ W; thence along 

the shoreline returning to 33°01.09′ N, 

118°36.34′ W (NAD 83). 

This safety zone is necessary to 

ensure non-authorized personnel and 

vessels remain safe by keeping clear of 

the hazardous area during the training 


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