Safety Zone; Coronado Fourth of July Fireworks; San Diego Bay, San Diego, CA, 26954-26956 [E9-13107]
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Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations
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.
erowe on PROD1PC63 with RULES
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 guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
VerDate Nov<24>2008
14:04 Jun 04, 2009
Jkt 217001
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), 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 117
Bridges.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. From 6 a.m. on June 1, 2009 to 6
p.m. on November 15, 2010, temporarily
add paragraph (c) to § 117.1101 to read
as follows:
■
§ 117.1101
Sturgeon Bay.
*
*
*
*
*
(c) The draw of the Maple-Oregon
Bridge at Mile 4.17 at Sturgeon Bay,
shall operate as follows:
(1) From June 1 through December 31,
2009, and from March 15 through
November 15, 2010 the draw need open
for recreational vessels only on the
hour, 24 hours a day.
(2) Commercial and Public vessels
shall be passed at all times.
(3) From January 1 through March 14,
2010, the draw shall open on signal for
all vessels if notice is given at least 12
hours in advance of a vessel’s intended
time of passage.
Dated: May 18, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander,
Ninth Coast Guard District, Acting.
[FR Doc. E9–13103 Filed 6–4–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0120]
RIN 1625–AA00
Safety Zone; Coronado Fourth of July
Fireworks; San Diego Bay, San Diego,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San Diego
Bay in support of the Coronado Fourth
of July Fireworks. This temporary safety
zone is necessary to provide for the
safety of 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–2009–0120 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–
2009–0120 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 27, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Coronado Fourth
of July Fireworks; San Diego Bay, San
Diego, CA in the Federal Register (74
FR 19034). We received no comments
on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
Coronado 4th of July, Inc. is
sponsoring the Coronado Fourth of July
Fireworks, which will include a
fireworks presentation originating from
a barge located in Glorietta Bay at
approximately 32°40.68′ N, 117°10.18′
W. The safety zone will encompass all
navigable waters within 1200 feet of the
E:\FR\FM\05JNR1.SGM
05JNR1
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations
26955
fireworks barge. This temporary safety
zone is necessary to provide for the
safety of the crew, spectators, and other
users and vessels of the waterway.
issue broadcast notice to mariners
(BNM) alerts via marine channel 16
VHF before the temporary safety zone is
enforced.
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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.
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.
erowe on PROD1PC63 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.
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.
Although the safety zone will apply to
the entire width of Glorietta Bay, traffic
will be allowed to pass through the zone
with the permission of the Coast Guard
patrol commander. Before the effective
period, the Coast Guard will publish a
local notice to mariners (LNM) and will
VerDate Nov<24>2008
14:04 Jun 04, 2009
Jkt 217001
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
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
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
E:\FR\FM\05JNR1.SGM
05JNR1
26956
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations
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 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.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: May 5, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–13107 Filed 6–4–09; 8:45 am]
BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a new temporary zone
§ 165.T11–176 to read as follows:
■
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Jkt 217001
38 CFR Part 3
RIN 2900–AN25
Severance Pay, Separation Pay, and
Special Separation Benefits
ACTION:
(a) Location. The limits of the safety
zone are all the navigable waters within
1200 feet of the fireworks barge located
in Glorietta Bay at approximately
32°40.68′ N, 117°10.18′ 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.
14:04 Jun 04, 2009
DEPARTMENT OF VETERANS
AFFAIRS
Department of Veterans Affairs.
Final rule.
AGENCY:
§ 165.T11–176 Safety Zone; Coronado
Fourth of July Fireworks; San Diego Bay,
San Diego, CA.
VerDate Nov<24>2008
(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.
(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.
SUMMARY: This document amends the
Department of Veterans Affairs (VA)
adjudication regulations to incorporate
relevant statutory provisions regarding
severance pay, separation pay, and
special separation benefits. These
amendments are necessary to conform
the regulation to statutory provisions.
DATES:
Effective Date: These amendments are
effective June 5, 2009.
Applicability Date: The amendment to
38 CFR 3.700(a)(3) applies to members
of the Armed Forces separated under 10
U.S.C. chapter 61 on or after January 28,
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Frm 00024
Fmt 4700
Sfmt 4700
2008. The amendment to 38 CFR
3.700(a)(5) applies to payments of
special separation benefits made on or
after December 5, 1991.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Kniffen, Chief, Regulations
Staff (211D), Compensation and Pension
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–9725.
We are
amending 38 CFR 3.700 to implement
statutory changes.
SUPPLEMENTARY INFORMATION:
38 CFR 3.700(a)(3)—Disability
Severance Pay
Section 1212 of title 10, United States
Code, which authorizes disability
severance pay, generally requires that
the amount of disability severance pay
received for a disability be deducted
from any VA compensation awarded for
the same disability. However, the
National Defense Authorization Act for
Fiscal Year 2008, Public Law 110–181,
Div. A, Title XVI, Subtitle D, section
1646(b), amended 10 U.S.C. 1212 to
provide that no deduction may be made
from VA compensation for disability
severance pay received for disabilities
incurred in line of duty in a combat
zone or incurred during performance of
duty in combat-related operations as
designated by the Department of
Defense (DoD). The DoD designation of
whether a disability was incurred in a
combat zone or incurred during
performance of duty in combat-related
operations will govern only whether a
deduction may be made from VA
compensation paid for the disability for
which disability severance pay was
received. VA will continue to determine
whether the disability resulted from
disease or injury incurred or aggravated
in line of duty in active service for
purposes of determining entitlement to
VA disability compensation. The
amendment applies to members of the
Armed Forces separated from the
Armed Forces under Chapter 61 of title
10, United States Code, on or after
January 28, 2008.
Section 3.700(a)(3) is VA’s regulation
governing offset of disability severance
pay from VA compensation. Generally,
an award of compensation will be made
subject to recoupment of any disability
severance pay received for the same
disability. We are adding to the
regulation a new provision specifying
that there will be no recoupment of
disability severance pay for disabilities
identified by the DoD as being incurred
in combat zones or during performance
of duty in combat-related operations.
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]]>Agencies
[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26954-26956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13107]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0120]
RIN 1625-AA00
Safety Zone; Coronado 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 Coronado Fourth
of July Fireworks. This temporary safety zone is necessary to provide
for the safety of 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-2009-0120 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-2009-0120 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 27, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Coronado Fourth of July Fireworks; San
Diego Bay, San Diego, CA in the Federal Register (74 FR 19034). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
Coronado 4th of July, Inc. is sponsoring the Coronado Fourth of
July Fireworks, which will include a fireworks presentation originating
from a barge located in Glorietta Bay at approximately 32[deg]40.68' N,
117[deg]10.18' W. The safety zone will encompass all navigable waters
within 1200 feet of the
[[Page 26955]]
fireworks barge. 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. Although the safety zone will apply to the entire width
of Glorietta Bay, traffic will be allowed to pass through the zone with
the permission of the Coast Guard patrol commander. 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 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
[[Page 26956]]
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 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a new temporary zone Sec. 165.T11-176 to read as follows:
Sec. 165.T11-176 Safety Zone; Coronado Fourth of July Fireworks; San
Diego Bay, San Diego, CA.
(a) Location. The limits of the safety zone are all the navigable
waters within 1200 feet of the fireworks barge located in Glorietta Bay
at approximately 32[deg]40.68' N, 117[deg]10.18' 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.
(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 5, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-13107 Filed 6-4-09; 8:45 am]
BILLING CODE 4910-15-P
