Safety Zone; Sea World Spring Nights; Mission Bay, San Diego, CA, 17601-17603 [E9-8760]
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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations
integrity, and maximize the availability
of job opportunities for the U.S.
workforce during a time of economic
crisis. As such, a delay in promulgation
of this rule past the date of publication
would confuse and potentially disrupt
the program to the detriment of the
public interest.
List of Subjects in 20 CFR Part 655
Administrative practice and
procedure, Foreign workers,
Employment, Employment and training,
Enforcement, Forest and forest products,
Fraud, Health professions, Immigration,
Labor, Passports and visas, Penalties,
Reporting and recordkeeping
requirements, Unemployment, Wages,
Working conditions.
■ For the reasons stated in the preamble,
the Department amends 20 CFR part 655
as follows:
PART 655—TEMPORARY
EMPLOYMENT OF FOREIGN
WORKERS IN THE UNITED STATES
§ 655.100 Overview of subpart B and
definition of terms.
*
*
*
*
*
(b) * * *
(1) Compliance with these regulations.
Employers with a date of need for H–2A
workers for temporary or seasonal
agricultural services on or after January
1, 2010 must comply with all of the
obligations and assurances required in
this subpart.
(2) Transition from former
regulations. Employers with a date of
need for H–2A workers for temporary or
seasonal agricultural services prior to
January 1, 2010 will file applications in
the following manner:
*
*
*
*
*
Signed in Washington, DC, this 14th day of
April 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–8815 Filed 4–15–09; 8:45 am]
BILLING CODE 4510–FP–P
1. The authority citation for part 655
continues to read as follows:
tjames on PRODPC75 with RULES
■
Authority: Section 655.0 issued under 8
U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i)
and (ii), 1182(m), (n) and (t), 1184(c), (g), and
(j), 1188, and 1288(c) and (d); sec. 3(c)(1),
Public Law 101–238, 103 Stat. 2099, 2102 (8
U.S.C. 1182 note); sec. 221(a), Public Law
101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184
note); sec. 303(a)(8), Public Law 102–232,
105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec.
323(c), Public Law 103–206, 107 Stat. 2428;
sec. 412(e), Public Law 105–277, 112 Stat.
2681 (8 U.S.C. 1182 note); sec. 2(d), Public
Law 106–95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Public Law 109–423, 120 Stat.
2900; and 8 CFR 214.2(h)(4)(i).
Section 655.00 issued under 8 U.S.C.
1101(a)(15)(H)(ii), 1184(c), and 1188; and 8
CFR 214.2(h).
Subparts A and C issued under 8 CFR
214.2(h).
Subpart B issued under 8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8
CFR 214.2(h).
Subparts D and E authority repealed.
Subparts F and G issued under 8 U.S.C.
1288(c) and (d); and sec. 323(c), Public Law
103–206, 107 Stat. 2428.
Subparts H and I issued under 8 U.S.C.
1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and
(t), and 1184(g) and (j); sec. 303(a)(8), Public
Law 102–232, 105 Stat. 1733, 1748 (8 U.S.C.
1101 note); sec. 412(e), Public Law 105–277,
112 Stat. 2681; and 8 CFR 214.2(h).
Subparts J and K authority repealed.
Subparts L and M issued under 8 U.S.C.
1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d),
Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Pub. L. 109–423, 120 Stat. 2900;
and 8 CFR 214.2(h).
2. Amend § 655.100 by revising
paragraph (b)(1) and the introductory
text of paragraph (b)(2) to read as
follows:
■
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0154]
RIN 1625–AA00
Safety Zone; Sea World Spring Nights;
Mission Bay, San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone, on the
navigable waters of Mission Bay in
support of the Sea World Spring Nights.
This safety zone is necessary to provide
for the safety of the participants, crew,
spectators, participating vessels, and
other vessels and users of the waterway.
Persons and vessels are prohibited from
entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective from 8:30
p.m. on April 4, 2009 through 9:30 p.m.
on April 19, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0154 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–2009–0154 in the Docket ID box,
pressing Enter, and then clicking on the
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17601
item in the Docket ID column. They are
also available for inspection or copying
two locations: 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,
and the Coast Guard Sector San Diego,
2710 N. Harbor Drive, San Diego, CA
92101–1064 between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Petty Officer Shane Jackson,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA at
telephone (619) 278–7262. 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 the
fireworks display on the dates and times
this rule will be in effect and delay
would be contrary to the public interests
since immediate action is needed to
ensure the public’s safety.
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. Any delay in the effective date
of this rule would expose mariners to
the dangers posed by the pyrotechnics
used in the fireworks display.
Background and Purpose
Sea World is sponsoring the Sea
World Spring Nights, which will
include a fireworks presentation from a
barge in Mission Bay. The safety zone
will be a 600 foot radius around the
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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations
barge in approximate position 32°46′03″
N, 117°13′11″ W. This temporary safety
zone is necessary to provide for the
safety of the crew, spectators,
participants, and other vessels and users
of the waterway.
Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced from
8:30 p.m. to 9:30 p.m. on April 4, 2009
through April 19, 2009. The limits of the
safety zone will be a 600 foot radius
around the barge in approximate
position 32°46′03″ N, 117°13′11″ W. The
safety zone is necessary to provide for
the safety of the crew, spectators,
participants, and other vessels and users
of the waterway. Persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative.
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.
tjames on PRODPC75 with RULES
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 proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. This determination is
based on the size and location of the
safety zone. Commercial vessels will not
be hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times.
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
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Jkt 217001
a significant economic impact on a
substantial number of small entities.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessel traffic can
pass safely around the safety zone.
Before the effective period, the coast
Guard will publish a local notice to
mariners (LNM) and will issue
broadcast notice to mariners (BNM)
alerts via marine channel 16 VHF before
the safety zone is enforced.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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.
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.
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.
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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
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
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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations
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 0023.1 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
involves the establishment of a safety
zone around a pyrotechnics display
barge. 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:
around the barge in approximate
position 32°46’03’’N, 117°13’11’’W.
(b) Enforcement Period. This section
will be enforced from 8:30 p.m. to 9:30
p.m. on April 4, 2009 through April 19,
2009. If the event concludes prior to the
scheduled termination time, the Captain
of the Port will cease enforcement of
this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Sector San Diego Command Center. The
Command Center may be contacted on
VHF–FM Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: April 2, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–8760 Filed 4–15–09; 8:45 am]
BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF COMMERCE
■
1. The authority citation for part 165
continues to read as follows:
National Oceanic and Atmospheric
Administration
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;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
50 CFR Part 622
2. Add new temporary zone
§ 165.T11–175 to read as follows:
tjames on PRODPC75 with RULES
■
§ 165.T11–175 Safety zone; Sea World
Spring Nights; Mission Bay, San Diego,
California.
(a) Location. The limits of the safety
zone will include a 600 foot radius
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[Docket No. 070719384–9260–05]
RIN 0648–AV80
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 30B
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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ACTION:
17603
Final rule.
SUMMARY: NMFS issues this final rule to
implement Amendment 30B to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP) prepared by the Gulf of Mexico
Fishery Management Council (Council).
This final rule establishes annual catch
limits (ACLs) and accountability
measures (AMs) for commercial and
recreational gag, red grouper, and
shallow-water grouper (SWG);
establishes a commercial quota for gag;
adjusts the commercial quotas for red
grouper and SWG; removes the
commercial closed season for SWG;
establishes an incidental bycatch
allowance trip limit for commercial gag
and red grouper; reduces the
commercial minimum size limit for red
grouper; reduces the gag bag limit and
the aggregate grouper bag limit;
increases the red grouper bag limit;
extends the closed season for
recreational SWG; eliminates the end
date for the Madison-Swanson and
Steamboat Lumps marine reserves; and
requires that federally permitted reef
fish vessels comply with the more
restrictive of Federal or state reef fish
regulations when fishing in state waters.
In addition, Amendment 30B
establishes management targets and
thresholds for gag consistent with the
requirements of the Sustainable
Fisheries Act (SFA); sets the gag and red
grouper total allowable catch (TAC); and
establishes interim allocations for the
commercial and recreational gag and red
grouper fisheries. This final rule is
intended to end overfishing of gag and
maintain catch levels of red grouper
consistent with achieving optimum
yield.
DATES: This rule is effective May 18,
2009.
ADDRESSES: Copies of the final
regulatory flexibility analysis (FRFA)
may be obtained from Peter Hood,
NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL
33701.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, 727–824–5305.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
managed under the FMP. The FMP was
prepared by the Council and is
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On October 28, 2008, NMFS
published a notice of availability of
Amendment 30B and requested public
comments (73 FR 63932). On November
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]]>Agencies
[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Rules and Regulations]
[Pages 17601-17603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8760]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0154]
RIN 1625-AA00
Safety Zone; Sea World Spring Nights; Mission Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone, on the
navigable waters of Mission Bay in support of the Sea World Spring
Nights. This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port, or his designated
representative.
DATES: This rule is effective from 8:30 p.m. on April 4, 2009 through
9:30 p.m. on April 19, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0154 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-2009-0154
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
two locations: 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, and the Coast Guard
Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1064
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Shane Jackson, Waterways Management,
U.S. Coast Guard Sector San Diego, CA at telephone (619) 278-7262. 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 the fireworks display on the dates and times this rule will
be in effect and delay would be contrary to the public interests since
immediate action is needed to ensure the public's safety.
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. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.
Background and Purpose
Sea World is sponsoring the Sea World Spring Nights, which will
include a fireworks presentation from a barge in Mission Bay. The
safety zone will be a 600 foot radius around the
[[Page 17602]]
barge in approximate position 32[deg]46'03'' N, 117[deg]13'11'' W. This
temporary safety zone is necessary to provide for the safety of the
crew, spectators, participants, and other vessels and users of the
waterway.
Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
from 8:30 p.m. to 9:30 p.m. on April 4, 2009 through April 19, 2009.
The limits of the safety zone will be a 600 foot radius around the
barge in approximate position 32[deg]46'03'' N, 117[deg]13'11'' W. The
safety zone is necessary to provide for the safety of the crew,
spectators, participants, and other vessels and users of the waterway.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.
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 proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
determination is based on the size and location of the safety zone.
Commercial vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified times.
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 not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can pass safely around the safety zone. Before the effective
period, the coast Guard will publish a local notice to mariners (LNM)
and will issue broadcast notice to mariners (BNM) alerts via marine
channel 16 VHF before the safety zone is enforced.
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
[[Page 17603]]
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 0023.1 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 involves the establishment of a
safety zone around a pyrotechnics display barge. 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.
0
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
0
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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add new temporary zone Sec. 165.T11-175 to read as follows:
Sec. 165.T11-175 Safety zone; Sea World Spring Nights; Mission Bay,
San Diego, California.
(a) Location. The limits of the safety zone will include a 600 foot
radius around the barge in approximate position 32[deg]46'03''N,
117[deg]13'11''W.
(b) Enforcement Period. This section will be enforced from 8:30
p.m. to 9:30 p.m. on April 4, 2009 through April 19, 2009. If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: April 2, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-8760 Filed 4-15-09; 8:45 am]
BILLING CODE 4910-15-P
