Drawbridge Operation Regulations; East River, New York City, NY, Maintenance, 36607-36608 [E9-17749]

Download as PDF Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Rules and Regulations 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. 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 082°26′ W, to 082°24.8′ W, thence northward along the International Boundary to 082°23.8′ W, to 082°26.8′ W, thence southward along the U.S. shoreline to 082°26′ W, thence to 082°26′ W. rmajette on DSK29S0YB1PROD with RULES 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. VerDate Nov<24>2008 14:20 Jul 23, 2009 Jkt 217001 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 Longitude 42°58.8′ N ............ 42°58.4′ N ............ 36607 43°02.8′ N ............ 43°02.8′ N ............ 42°58.9′ N ............ 42°58.8′ N ............ [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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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 Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: 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 https://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 E:\FR\FM\24JYR1.SGM 24JYR1 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. 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. rmajette on DSK29S0YB1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 14:20 Jul 23, 2009 Jkt 217001 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 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 https://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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Rules and Regulations]
[Pages 36607-36608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17749]


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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 https://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

[[Page 36608]]

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

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