Special Local Regulation; Volvo Ocean Race 2009, Nahant, Boston Harbor, MA, 18290-18293 [E9-9165]
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Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations
southeast via a straight line to intersect a 100mile radius of the Fernando Luis Ribas
Dominicci Airport at lat. 19°47′28″ N., long.
67°09′37″ W., thence clockwise via a 100mile radius of the Fernando Luis Ribas
Dominicci Airport to lat. 18°53′05″ N., long.
67°47′43″ W., thence from that point
northwest via a straight line to intersect the
point where the Santo Domingo FIR turns
northwest at lat. 19°39′00″ N., long. 69°09′00″
W., thence from that point northeast along
the San Juan CTA/FIR and Miami CTA/FIR
boundary to the point of beginning.
[Docket No. RM08–11–000]
days from the effective date of this final
rule, as discussed above and as
indicated in Attachment A.’’
2. On page 14016, column 1, the last
sentence of paragraph 65 is corrected to
read: ‘‘The ERO shall submit its
revisions to sub-requirements R4.1
through R4.3 to the Commission within
30 days of the effective date of this final
rule, as discussed above and as
indicated in Attachment A.’’
3. On page 14016, column 2, the last
sentence of paragraph 71 is corrected to
read: ‘‘The Commission therefore adopts
the NOPR proposal agreed to by NERC
and directs the ERO to file revised
violation severity levels for FAC–011–2,
Requirements R3 within 30 days of the
effective date of this final rule, as
discussed above and as indicated in
Attachment A.
4. On page 14017, column 1, the last
sentence of paragraph 75 is corrected to
read: ‘‘The ERO shall submit its
revisions to sub-requirements R4.1
through R4.3 to the Commission with 30
days of the effective date of this final
rule, as discussed above and as
indicated in Attachment A.’’
Version Two Facilities Design,
Connections and Maintenance
Reliability Standards
Kimberly D. Bose,
Secretary.
[FR Doc. E9–9169 Filed 4–21–09; 8:45 am]
*
*
*
*
*
Issued in Washington, DC, on April 15,
2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9–9137 Filed 4–21–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
BILLING CODE P
Federal Energy Regulatory
Commission.
ACTION: Final rule: correction.
AGENCY:
This document corrects
compliance filing deadline errors in a
Final Rule that the Federal Energy
Regulatory Commission published in
the Federal Register on March 30, 2009.
That action approved three revised
Reliability Standards developed by the
North American Electric Reliability
Corporation (NERC), designated by
NERC as FAC–010–2, FAC–011–2 and
FAC–014–2, which set requirements for
the development and communication of
system operating limits of the BulkPower system for use in planning and
operation horizons.
DATES: Effective Date: April 29, 2009.
FOR FURTHER INFORMATION CONTACT: Cory
Lankford (Legal Information), Office of
the General Counsel, Federal Energy
Regulatory Commission, at (202) 502–
6711.
In FR
Document E–9–6823, published March
30, 2009 (74 FR 14008), make the
following corrections to compliance
filing dates:
1. On page 14014, column 2, the last
sentence of paragraph 50 is corrected to
read: ‘‘The ERO shall submit its
revisions to the Commission within 30
dwashington3 on PROD1PC60 with RULES
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Appendix B to Part 4022—[Corrected]
1. On page 17396, in the table for
Appendix B to Part 4022, under
‘‘Immediate annuity rate (percent)’’,
remove the figure ‘‘3.25’’, and add, in its
place, ‘‘3.50’’.
■
Appendix C to Part 4022—[Corrected]
2. On page 17396, in the table for
Appendix C to Part 4022, under
‘‘Immediate annuity rate (percent)’’,
remove the figure ‘‘3.25’’, and add, in its
place, ‘‘3.50’’.
■
Issued in Washington, DC, on this 16th day
of April 2009.
Vincent K. Snowbarger,
Acting Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E9–9212 Filed 4–21–09; 8:45 am]
BILLING CODE 7709–01–P
SUMMARY:
SUPPLEMENTARY INFORMATION:
The
Pension Benefit Guaranty Corporation
published a document in the April 15,
2009, Federal Register (74 FR 17395),
informing the public of the interest rates
and assumptions to be used under
certain Pension Benefit Guaranty
Corporation regulations. This document
corrects an inadvertent error in that
final rule.
■ In FR Doc. E9–8674, published on
April 15, 2009 (74 FR 17395), make the
following corrections.
SUPPLEMENTARY INFORMATION:
PENSION BENEFIT GUARANTY
CORPORATION
DEPARTMENT OF HOMELAND
SECURITY
29 CFR Part 4022
Coast Guard
Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions
for Valuing and Paying Benefits
33 CFR Part 100
Pension Benefit Guaranty
Corporation.
ACTION: Final rule; correction.
RIN 1625–AA08
SUMMARY: The Pension Benefit Guaranty
Corporation published in the Federal
Register of April 15, 2009, a final rule
informing the public of the interest rates
and assumptions to be used under
certain Pension Benefit Guaranty
Corporation regulations. This document
corrects an inadvertent error in that
final rule.
DATES: Effective May 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Attorney, Legislative
and Regulatory Department, Pension
Benefit Guaranty Corporation, 1200 K
Street, NW., Washington, DC 20005,
202–326–4024. (TTY/TDD users may
call the Federal relay service toll-free at
1–800–877–8339 and ask to be
connected to 202–326–4024.)
AGENCY:
AGENCY:
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[Docket No. USCG–2008–1268]
Special Local Regulation; Volvo Ocean
Race 2009, Nahant, Boston Harbor, MA
ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a special local regulation
during the Volvo Ocean Race 2009 InPort Race to be held on Broad Sound,
off Nahant, Massachusetts, on May 9,
2009. This special local regulation is
necessary to provide for the safety of life
on navigable waters during the event.
This proposed action is intended to
restrict vessel traffic before, during and
after the race.
DATES: This rule is effective from 10:30
a.m. through 4 p.m. on May 09, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
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Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations
1268 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–2008–1268 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 Chief Eldridge
McFadden, Sector Boston, Waterways
Management, telephone 617–223–5160,
e-mail Eldridge.C.Mcfadden@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
dwashington3 on PROD1PC60 with RULES
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.
Concerns raised by the Stellwagen
Banks National Marine Sanctuary, a
division of NOAA, prompted the race
sponsors to reevaluate certain details of
the race, including its course. Certain
details, including the course for the
race, were eventually changed due to
these concerns. The lack of certainty
until the recent finalization of all race
details delayed the creation of the
rulemaking for this event, which made
it impracticable to create a Notice of
Proposed Rulemaking.
For the same reasons, 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.
Background and Purpose
The Volvo Ocean Race, formerly the
Whitbread Round the World Race, is a
yacht race around the world, held every
three years. The current race started in
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Alicante, Spain on October 11, 2008,
and has been traveling internationally
from port to port. In addition to a timed
race between ports, some of the ports
host an In-Port Race for points. This
special local regulation addresses the InPort Race which is to take place within
the area of responsibility of the Captain
of the Port Boston. Broad Sound is an
area which is commonly used as a
fishing area. To ensure the unimpeded
sailing of the races and to prevent
damage to equipment and danger to any
potential fishermen or sailors in this
area, a special local regulation is
necessary. On May 9, 2008, the Volvo
Ocean Race coordinators intend to hold
an In-Port Race on the waters of Broad
Sound in Boston Harbor. The event will
consist of up to eight sailing yachts on
a course within a 1-mile radius circular
area. A fleet of spectator vessels are
expected to gather near the event site to
view the competition. To provide for the
safety of participants, spectators and
other transiting vessels, the Coast Guard
will temporarily restrict vessel traffic in
the event area during the race. The
event coordinators have been in contact
with members of the local communities
affected including the harbormasters of
Boston, Nahant and Winthrop,
Massachusetts as well as local
fishermen, to request support and
inform them of the plans.
Discussion of Rule
This ruling proposes to create a
Special Local Regulation encompassing
a two-mile wide sailing race area and
associated spectator area with a center
point of 42°23′ N., 70°55′45″ W., within
Broad Sound, Nahant, Massachusetts
from 10:30 a.m. to 4 p.m. on May 9,
2009. The regulation will be in effect for
only five and one half hours, after
which time the area will be opened to
all vessel traffic. The course of the race
itself will be within the two-mile
diameter area and will be set up and
marked with sailing buoys according to
the winds the day of the race. Except for
participants and spectator vessels or
other vessels as authorized by the Coast
Guard Patrol Commander, no person or
vessel will be allowed to enter or remain
in the regulated area during the
enforcement period.
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.
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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 rule is not a significant
regulatory action as it is a temporary
event which will be in effect only for a
short period of time. Although this
regulation would prevent traffic from
transiting a portion of the Broad Sound
during the event, the effect of this
regulation would not be significant due
to the limited duration that the
regulated area would be in effect and
the extensive advance notification and
outreach the Volvo Ocean Race
coordinators have made to the maritime
community, as well as via broadcast and
local notice to mariners, so mariners can
adjust their plans accordingly.
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 proposed rule would affect the
following entities, some of which might
be small entities: Fishermen, and the
owners or operators of vessels intending
to transit, fish or anchor in a portion of
Broad Sound, Massachusetts, from 10:30
a.m. to 4 p.m. on May 9, 2009.
This special local regulation would
not have a significant economic impact
on a substantial number of small entities
for the following reasons: This rule
would be in effect for only five and a
half hours and vessel traffic could pass
around the regulated area. Before the
effective period, we will issue maritime
advisories widely available to users of
the sound.
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
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Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations
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
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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.
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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
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
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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)(h), of the Instruction. This rule
involves the creation of a special local
regulation for a marine event of limited
duration. Under figure 2–1, paragraph
(34)(h), of the Instruction, an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
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 proposes to
amend 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. Add a temporary § 100.35–T01–
1268 to read as follows:
■
§ 100.35–T01–1268 Volvo Ocean Race
2009, Broad Sound, Nahant, Massachusetts.
(a) Regulated area. A zone comprised
of a circle two nautical miles in
diameter with the center point at
position 42°23′00″ N., 070°55′45″ W.
(b) Special Local Regulation. The
regulated area is closed to all transiting
traffic except that traffic involved in,
supporting or viewing the Volvo Ocean
Race.
(c) Effective dates. This regulation is
effective from 10:30 a.m. to 4 p.m. on
May 9, 2009.
(d) Definitions. (1) Patrol vessel means
any Coast Guard vessel designated as
Patrol Commander.
(2) The Coast Guard Patrol
Commander is a commissioned,
warrant, petty officer of the Coast Guard
who has been designated by
Commander, Coast Guard Sector Boston.
The Patrol Commander is empowered to
control movement of vessels in the
regulated area and adjoining waters
during the hours these regulations are in
effect.
(3) A succession of sharp, short
signals by whistle, siren, or horn from
vessels patrolling the area shall serve as
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a signal to stop. Vessels or persons
signaled shall stop and shall comply
with the orders of the patrol vessels.
Failure to due so may result in the
expulsion from the area, citation for
failure to comply, or both.
(4) Any spectator vessel may anchor
outside the regulated area specified in
paragraph (a) of this section, but may
not block a navigable channel.
Dated: March 10, 2009.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. E9–9165 Filed 4–21–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0278]
RIN 1625–AA00
Safety Zone; Waters Surrounding
Berth 7 at the Port of Oakland, San
Francisco Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the San
Francisco Bay, CA at Berth 7 at the Port
of Oakland during the offloading of the
ZHEN HUA 18. Unauthorized persons
or vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without the permission
of the Captain of the Port or his
designated representative.
DATES: This rule is effective from noon
on April 14, 2009, through 11:59 p.m.
on April 24, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0278 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–2009–0278 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
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rule, call Lieutenant Junior Grade
Simone Mausz, U.S. Coast Guard Sector
San Francisco, at (415) 399–7442. 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
event would occur before the
rulemaking process would be
completed. Because of the dangers
posed by the offloading of heavy
equipment onboard this vessel, the
safety zone is necessary to provide for
the safety of other vessels transiting the
area. For the safety concerns noted, it is
in the public interest to have these
regulations in effect during the offload.
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. The Coast Guard was only
recently notified of the safety concerns,
and any delay in the effective date of
this rule would expose mariners to the
dangers posed by the equipment being
offloaded.
Background and Purpose
The M/V ZHEN HUA 18 will be
delivering heavy equipment and
materials for use in the construction of
the San Francisco-Oakland Bay Bridge
project. This rule is necessary for the
safety of the public and vessels
transiting to other berths during the
offload of this cargo. This rule prohibits
entry of any vessel or person inside the
safety zone without specific
authorization from the Captain of the
Port or his designated representative.
Discussion of Rule
This safety zone will remain in effect
from noon on April 14, 2009, through
11:59 p.m. April 24, 2009, and includes
all waters extending from the surface
area to the sea floor within
approximately 50 yards seaward from
the moored vessel and encompasses all
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18293
waters in San Francisco Bay within an
area created by connecting the following
geographical positions: From latitude
37°49′08″ N and longitude 122°19′07″
W; thence to latitude 37°49′05″ N and
longitude 122°19′30″ W; thence to
latitude 37°49′15″ N and longitude
122°18′52″ W; thence to latitude
37°49′18″ N and longitude 122°18′56″
W; thence along the shoreline back to
the beginning point.
The effect of the temporary safety
zone will be to restrict navigation in the
vicinity of the berth while the
equipment is offloaded. Except for
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the restricted area.
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 rule restricts access to
the waters encompassed by the safety
zone, the effect of this rule will not be
significant because vessels will be able
to safely transit around the area and the
local waterway users will be notified via
public Broadcast Notice to Mariners to
ensure the safety zone will result in
minimum impact. The entities most
likely to be affected are pleasure craft
engaged in recreational activities.
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 may affect owners and
operators of pleasure craft engaged in
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]]>Agencies
[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Rules and Regulations]
[Pages 18290-18293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9165]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-1268]
RIN 1625-AA08
Special Local Regulation; Volvo Ocean Race 2009, Nahant, Boston
Harbor, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation
during the Volvo Ocean Race 2009 In-Port Race to be held on Broad
Sound, off Nahant, Massachusetts, on May 9, 2009. This special local
regulation is necessary to provide for the safety of life on navigable
waters during the event. This proposed action is intended to restrict
vessel traffic before, during and after the race.
DATES: This rule is effective from 10:30 a.m. through 4 p.m. on May 09,
2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-
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1268 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-2008-1268 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 Chief Eldridge McFadden, Sector Boston,
Waterways Management, telephone 617-223-5160, e-mail
Eldridge.C.Mcfadden@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.
Concerns raised by the Stellwagen Banks National Marine Sanctuary,
a division of NOAA, prompted the race sponsors to reevaluate certain
details of the race, including its course. Certain details, including
the course for the race, were eventually changed due to these concerns.
The lack of certainty until the recent finalization of all race details
delayed the creation of the rulemaking for this event, which made it
impracticable to create a Notice of Proposed Rulemaking.
For the same reasons, 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.
Background and Purpose
The Volvo Ocean Race, formerly the Whitbread Round the World Race,
is a yacht race around the world, held every three years. The current
race started in Alicante, Spain on October 11, 2008, and has been
traveling internationally from port to port. In addition to a timed
race between ports, some of the ports host an In-Port Race for points.
This special local regulation addresses the In-Port Race which is to
take place within the area of responsibility of the Captain of the Port
Boston. Broad Sound is an area which is commonly used as a fishing
area. To ensure the unimpeded sailing of the races and to prevent
damage to equipment and danger to any potential fishermen or sailors in
this area, a special local regulation is necessary. On May 9, 2008, the
Volvo Ocean Race coordinators intend to hold an In-Port Race on the
waters of Broad Sound in Boston Harbor. The event will consist of up to
eight sailing yachts on a course within a 1-mile radius circular area.
A fleet of spectator vessels are expected to gather near the event site
to view the competition. To provide for the safety of participants,
spectators and other transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the event area during the race.
The event coordinators have been in contact with members of the local
communities affected including the harbormasters of Boston, Nahant and
Winthrop, Massachusetts as well as local fishermen, to request support
and inform them of the plans.
Discussion of Rule
This ruling proposes to create a Special Local Regulation
encompassing a two-mile wide sailing race area and associated spectator
area with a center point of 42[deg]23' N., 70[deg]55'45'' W., within
Broad Sound, Nahant, Massachusetts from 10:30 a.m. to 4 p.m. on May 9,
2009. The regulation will be in effect for only five and one half
hours, after which time the area will be opened to all vessel traffic.
The course of the race itself will be within the two-mile diameter area
and will be set up and marked with sailing buoys according to the winds
the day of the race. Except for participants and spectator vessels or
other vessels as authorized by the Coast Guard Patrol Commander, no
person or vessel will be allowed to enter or remain in the regulated
area during the enforcement period.
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 rule is not a significant regulatory action as it is a
temporary event which will be in effect only for a short period of
time. Although this regulation would prevent traffic from transiting a
portion of the Broad Sound during the event, the effect of this
regulation would not be significant due to the limited duration that
the regulated area would be in effect and the extensive advance
notification and outreach the Volvo Ocean Race coordinators have made
to the maritime community, as well as via broadcast and local notice to
mariners, so mariners can adjust their plans accordingly.
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 proposed rule would affect the following entities, some of
which might be small entities: Fishermen, and the owners or operators
of vessels intending to transit, fish or anchor in a portion of Broad
Sound, Massachusetts, from 10:30 a.m. to 4 p.m. on May 9, 2009.
This special local regulation would not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule would be in effect for only five and a half hours
and vessel traffic could pass around the regulated area. Before the
effective period, we will issue maritime advisories widely available to
users of the sound.
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
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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 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)(h), of the Instruction. This rule involves the creation of a
special local regulation for a marine event of limited duration. Under
figure 2-1, paragraph (34)(h), of the Instruction, an environmental
analysis checklist and a categorical exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35-T01-1268 to read as follows:
Sec. 100.35-T01-1268 Volvo Ocean Race 2009, Broad Sound, Nahant,
Massachusetts.
(a) Regulated area. A zone comprised of a circle two nautical miles
in diameter with the center point at position 42[deg]23'00'' N.,
070[deg]55'45'' W.
(b) Special Local Regulation. The regulated area is closed to all
transiting traffic except that traffic involved in, supporting or
viewing the Volvo Ocean Race.
(c) Effective dates. This regulation is effective from 10:30 a.m.
to 4 p.m. on May 9, 2009.
(d) Definitions. (1) Patrol vessel means any Coast Guard vessel
designated as Patrol Commander.
(2) The Coast Guard Patrol Commander is a commissioned, warrant,
petty officer of the Coast Guard who has been designated by Commander,
Coast Guard Sector Boston. The Patrol Commander is empowered to control
movement of vessels in the regulated area and adjoining waters during
the hours these regulations are in effect.
(3) A succession of sharp, short signals by whistle, siren, or horn
from vessels patrolling the area shall serve as
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a signal to stop. Vessels or persons signaled shall stop and shall
comply with the orders of the patrol vessels. Failure to due so may
result in the expulsion from the area, citation for failure to comply,
or both.
(4) Any spectator vessel may anchor outside the regulated area
specified in paragraph (a) of this section, but may not block a
navigable channel.
Dated: March 10, 2009.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-9165 Filed 4-21-09; 8:45 am]
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