Safety Zone; Big Bay Fourth of July Fireworks; San Diego Bay, San Diego, CA, 22691-22693 [E9-11306]

Download as PDF Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations (5) The Coast Guard may be assisted by other Federal, State, or local agencies. Dated: May 1, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–11305 Filed 5–13–09; 8:45 am] BILLING CODE 4910–15–P Regulatory Information On April 6, 2009, we published a notice of proposed rulemaking (NPRM) entitled Safety Zone; Big Bay Fourth of July Fireworks; San Diego Bay, San Diego, CA in the Federal Register (74 FR 15404). We received no comments on the proposed rule. No public meeting was requested, and none was held. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0123] RIN 1625–AA00 Safety Zone; Big Bay Fourth of July Fireworks; San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: jlentini on PROD1PC65 with RULES SUMMARY: The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Diego Bay in support of the Big Bay July Fourth Show to benefit the San Diego Armed Services YMCA. This temporary safety zone is necessary to provide for the safety of the crew, spectators, and other users and vessels of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this temporary safety zone unless authorized by the Captain of the Port or his designated representative. DATES: This rule is effective from 8:45 p.m. to 9:30 p.m. on July 4, 2009. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2009–0123 and are available online by going to http:// www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG– 2009–0123 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail Petty Officer Kristen VerDate Nov<24>2008 18:53 May 13, 2009 Jkt 217001 Beer, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7262, e-mail Kristen.A.Beer@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Background and Purpose The San Diego Armed Services YMCA is sponsoring the Big Bay July Fourth Fireworks Show, which will include a fireworks presentation originating from four separate fireworks barges. The safety zone will encompass all navigable waters within 1200 feet of each barge. The approximate locations include: Shelter Island Barge: 32°42.83′ N, 117°13.20′ W. Harbor Island Barge: 32°43.33′ N, 117°12.00′ W. Embarcadero Barge: 32°43.00′ N, 117°10.80′ W. Seaport Village Barge: 32°42.23′ N, 117°10.05′ W. This temporary safety zone is necessary to provide for the safety of the crew, spectators, and other users and vessels of the waterway. 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 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 established safety zone during the specified times unless authorized to do so by the Captain of the Port or his designated representative. PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 22691 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 affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of the San Diego Bay from 8:45 p.m. to 9:30 p.m. on July 4, 2009. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be enforced only 45 minutes late in the evening when vessel traffic is low. Vessel traffic can pass safely around the 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 temporary 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), in the NPRM we offered to assist small entities in understanding the rule so that they could 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 E:\FR\FM\14MYR1.SGM 14MYR1 22692 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 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. jlentini on PROD1PC65 with RULES 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. VerDate Nov<24>2008 18:53 May 13, 2009 Jkt 217001 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. Environment We have analyzed this rule under Department of Homeland Security Management Directive 0023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves the establishment of a safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. Fmt 4700 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, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a new temporary zone § 165.T11–160 to read as follows: 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. Frm 00054 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ■ Technical Standards PO 00000 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: Sfmt 4700 § 165.T11–160 Safety Zone; Big Bay Fourth of July Fireworks; San Diego Bay, San Diego, CA. (a) Location. The limits of the safety zone are all navigable waters within 1200 feet of four fireworks barges. The approximate locations are: Shelter Island Barge: 32°42.83′ N, 117°13.20′ W. Harbor Island Barge: 32°43.33′ N, 117°12.00′ W. Embarcadero Barge: 32°43.00′ N, 117°10.80′ W. Seaport Village Barge: 32°42.23′ N, 117°10.05′ W. (b) Enforcement Period. This section will be enforced from 8:45 p.m. to 9:30 p.m. on July 4, 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 Patrol Commander (PATCOM). The PATCOM 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. E:\FR\FM\14MYR1.SGM 14MYR1 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations (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: May 1, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–11306 Filed 5–13–09; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2003–0064; FRL–8904–5] RIN 2060–AP49 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation jlentini on PROD1PC65 with RULES AGENCY: Environmental Protection Agency. ACTION: Final rule. SUMMARY: The Environmental Protection Agency (EPA) is taking final action on a rule that amends and delays the effective date for the rule addressing ‘‘aggregation’’ under the Prevention of Significant Deterioration (PSD) and the nonattainment New Source Review (nonattainment NSR) programs (collectively, ‘‘NSR’’). The ‘‘NSR Aggregation Amendments’’ were published in the Federal Register on January 15, 2009, and described when a source must combine nominallyseparate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase. On January 30, 2009, the Natural Resources Defense Council (NRDC) submitted a petition for reconsideration (the ‘‘NRDC Petition’’) of the NSR Aggregation Amendments. In response to the NRDC Petition, EPA announced on February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments and would delay the effective date of the rule from February 17, 2009 until May 18, 2009. On March 18, 2009, EPA proposed an additional delay of the effective date and solicited comment on the duration of the additional delay. By this rule, EPA is delaying the effective date of the NSR Aggregation Amendments for an additional 12 months, which will allow for sufficient time to conduct the reconsideration VerDate Nov<24>2008 18:53 May 13, 2009 Jkt 217001 proceeding. The new effective date of the rule is May 18, 2010. DATES: The effective date of FR Doc. E9– 815, published in the Federal Register on January 15, 2009 (74 FR 2376), and delayed on February 13, 2009 (74 FR 7284), is further delayed to May 18, 2010. ADDRESSES: Docket: The final rule, the petition for reconsideration, comments on the March 18, 2009 proposal, and all other documents in the record for the NSR Aggregation rulemaking are in Docket ID. No. EPA–HQ–OAR–2003– 0064. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744. FOR FURTHER INFORMATION CONTACT: Mr. David J. Svendsgaard, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504–03), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, telephone (919) 541–2380, fax number (919) 541–5509, e-mail address: svendsgaard.dave@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? Entities potentially affected by this action include sources in all industry groups and state, local, and tribal governments. B. How is this preamble organized? The information presented in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. How is this preamble organized? II. Background III. Summary of Public Comments Received IV. Additional Twelve Month Delay of Effectiveness V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Analysis PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 22693 D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12899: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act L. Judicial Review VI. Statutory Authority II. Background On January 15, 2009, the EPA (we) issued a final rule amending our PSD and nonattainment NSR regulations implementing the definition of ‘‘modification’’ in the Clean Air Act (CAA) 111(a)(4). The amendments addressed when a source must combine (aggregate) nominally-separate physical changes and changes in the method of operation (known as ‘‘activities’’) for the purpose of determining whether they are a single change resulting in a significant emission increase. The amendments retained the rule language for aggregation but interpreted that rule text to mean that sources and permitting authorities should combine emissions when activities are ‘‘substantially related.’’ The rule also adopted a rebuttable presumption that activities at a plant can be presumed not to be substantially related if they occur three or more years apart. Collectively, this rulemaking is known as the ‘‘NSR Aggregation Amendments.’’ For further information on the NSR Aggregation Amendments, please see 74 FR 2376 (January 15, 2009). On January 30, 2009, NRDC submitted a petition for reconsideration of the NSR Aggregation Amendments as provided for in CAA 307(d)(7)(B).1 Under that CAA provision, the Administrator may commence a reconsideration proceeding if the petitioner raises an objection to a rule that was impracticable to raise during the comment period or if the grounds for the objection arose after the comment period. In either case, the objection must be of central relevance to the outcome of the rule. The Administrator may stay the effectiveness of the rule for up to three months during such reconsideration. On February 13, 2009, we issued notices announcing the convening of a 1 John Walke, Natural Resources Defense Council, EPA–HQ–OAR–2003–0064–0116.1. E:\FR\FM\14MYR1.SGM 14MYR1

Agencies

[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Rules and Regulations]
[Pages 22691-22693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11306]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0123]
RIN 1625-AA00


Safety Zone; Big Bay Fourth of July Fireworks; San Diego Bay, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Diego Bay in support of the Big Bay July 
Fourth Show to benefit the San Diego Armed Services YMCA. This 
temporary safety zone is necessary to provide for the safety of the 
crew, spectators, and other users and vessels of the waterway. Persons 
and vessels are prohibited from entering into, transiting through, or 
anchoring within this temporary safety zone unless authorized by the 
Captain of the Port or his designated representative.

DATES: This rule is effective from 8:45 p.m. to 9:30 p.m. on July 4, 
2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0123 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2009-0123 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Petty Officer Kristen Beer, Waterways 
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 
619-278-7262, e-mail Kristen.A.Beer@uscg.mil. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 6, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Big Bay Fourth of July Fireworks; San 
Diego Bay, San Diego, CA in the Federal Register (74 FR 15404). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The San Diego Armed Services YMCA is sponsoring the Big Bay July 
Fourth Fireworks Show, which will include a fireworks presentation 
originating from four separate fireworks barges. The safety zone will 
encompass all navigable waters within 1200 feet of each barge. The 
approximate locations include:
    Shelter Island Barge: 32[deg]42.83' N, 117[deg]13.20' W.
    Harbor Island Barge: 32[deg]43.33' N, 117[deg]12.00' W.
    Embarcadero Barge: 32[deg]43.00' N, 117[deg]10.80' W.
    Seaport Village Barge: 32[deg]42.23' N, 117[deg]10.05' W.
    This temporary safety zone is necessary to provide for the safety 
of the crew, spectators, and other users and vessels of the waterway.

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 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 
established safety zone during the specified times unless authorized to 
do so by the Captain of the Port or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the San Diego Bay from 8:45 p.m. to 9:30 p.m. 
on July 4, 2009.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced only 45 minutes late in the evening when vessel 
traffic is low. Vessel traffic can pass safely around the 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 temporary 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), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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

[[Page 22692]]

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 0023-01 and Commandant Instruction M16475.lD, 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves the 
establishment of a safety zone.
    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, 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add a new temporary zone Sec.  165.T11-160 to read as follows:


Sec.  165.T11-160  Safety Zone; Big Bay Fourth of July Fireworks; San 
Diego Bay, San Diego, CA.

    (a) Location. The limits of the safety zone are all navigable 
waters within 1200 feet of four fireworks barges. The approximate 
locations are:
    Shelter Island Barge: 32[deg]42.83' N, 117[deg]13.20' W.
    Harbor Island Barge: 32[deg]43.33' N, 117[deg]12.00' W.
    Embarcadero Barge: 32[deg]43.00' N, 117[deg]10.80' W.
    Seaport Village Barge: 32[deg]42.23' N, 117[deg]10.05' W.
    (b) Enforcement Period. This section will be enforced from 8:45 
p.m. to 9:30 p.m. on July 4, 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 Patrol Commander 
(PATCOM). The PATCOM 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.

[[Page 22693]]

    (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: May 1, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-11306 Filed 5-13-09; 8:45 am]
BILLING CODE 4910-15-P