Safety Zone; Parker U.S. Open Nationals; Parker, AZ, 31900-31903 [E9-15727]
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
The FAA Instrument Flight
Procedures Production and
Maintenance Branch has created one
new SIAP for the Chuathbaluk Airport.
The SIAP is the Area Navigation
(RNAV) Global Positioning System
(GPS) Runway (RWY) 9, Original. Class
E controlled airspace extending upward
from 700 ft. above the surface in the
Chuathbaluk Airport area would be
established by this action. The proposed
airspace is sufficient in size to contain
aircraft executing this instrument
procedure at the Chuathbaluk Airport,
Chuathbaluk, AK.
The area would be depicted on
aeronautical charts for pilot reference.
The coordinates for this airspace docket
are based on North American Datum 83.
The Class E airspace areas designated as
700/1200 foot transition areas are
published in paragraph 6005 in FAA
Order 7400.9S, Airspace Designations
and Reporting Points, signed October 3,
2008, and effective October 31, 2008,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
would be published subsequently in the
Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore —(1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Because this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle 1, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart 1, Section
40103, Sovereignty and use of airspace.
Under that section, the FAA is charged
with prescribing regulations to ensure
the safe and efficient use of the
navigable airspace. This regulation is
within the scope of that authority
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because it proposes to create Class E
airspace sufficient in size to contain
aircraft executing instrument
procedures at the Chuathbaluk Airport,
AK, and represents the FAA’s
continuing effort to safely and
efficiently use the navigable airspace.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 14 CFR Part 71
RIN 1625–AA00
Airspace, Incorporation by reference,
Navigation (air).
Safety Zone; Parker U.S. Open
Nationals; Parker, AZ
The Proposed Amendment
AGENCY:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
signed October 3, 2008, and effective
October 31, 2008, is to be amended as
follows:
*
*
*
*
*
Paragraph 6005 Class E Airspace Extending
Upward From 700 Feet or More Above the
Surface of the Earth.
*
*
*
*
*
AAL AK E5 Chuathbaluk, AK [New]
Chuathbaluk, Chuathbaluk Airport, AK
(Lat. 61°34′44″ N., long. 159°12′56″ W.)
That airspace extending upward from 700
feet above the surface within a 7.5-mile
radius of the Chuathbaluk Airport, AK, and
within 3.5 miles either side of the 286°
bearing from the Chuathbaluk Airport, AK,
extending from the 6.5 mile radius, to 10.3
miles west of the Chuathbaluk, Airport, AK.
*
*
*
*
*
Issued in Anchorage, AK, on June 24, 2009.
Anthony M. Wylie,
Manager, Alaska Flight Services Information
Area Group.
[FR Doc. E9–15877 Filed 7–2–09; 8:45 am]
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0474]
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes a
safety zone upon the navigable waters of
Lake Moovalya region on the lower
Colorado River in support of the Parker
U.S. Open Nationals. This safety zone is
necessary to provide for the safety of the
participants, crew, spectators,
participating vessels, and other users of
the waterway. Persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 5, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0474 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail call Petty Officer
Shane Jackson, USCG, Waterways
Management, U.S. Coast Guard Sector
San Diego at telephone 619–278–7262,
e-mail Shane.E.Jackson@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0474),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0474’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0474’’ in the Docket ID box, press
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Enter, and then click on the item in the
Docket ID column. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
This temporary safety zone is
established in support of the Parker U.S.
Open Nationals, a marine event that
includes participating vessels along an
established and marked course upon the
Colorado River in Parker, AZ. This
temporary safety zone is necessary to
provide for the safety of the crews,
spectators, and participants of the race
and is also necessary to protect other
vessels and users of the waterway.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone that will be enforced from
8 a.m. to 6 p.m. on October 9, 2009
through October 11, 2009. The limits of
this temporary safety zone are as
follows: Starting at the Bluewater
Marina in Parker, AZ, extending
approximately 10 miles to La Paz
County Park. This safety zone is
necessary to provide for the safety of the
crews, spectators, and participants of
the Parker U.S. Open Nationals and to
protect other vessels and users of the
waterway. Persons and vessels will be
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
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of the Port, or his designated
representative.
Regulatory Analyses
We developed this proposed 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 proposed 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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The safety zone is of a limited duration,
ten hours per day for a period of three
days, and is limited to a relatively small
geographic area.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. The safety zone will affect the
following entities, some of which may
be small entities: The owners and
operators of pleasure craft engaged in
recreational activities and sightseeing.
This safety zone will not have a
significant economic impact on a
substantial number of small entities
because: The safety zone is limited in
scope and duration, as it is in effect for
ten hours per day for a period of three
days.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, call or e-mail Petty Officer
Shane Jackson, USCG, Waterways
Management, U.S. Coast Guard Sector
San Diego at telephone 619–278–7262,
e-mail Shane.E.Jackson@uscg.mil. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed rule under that Order and
have determined that it does not have
implications for federalism.
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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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
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eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone
under figure 2–1, paragraph (34)(g), of
the Instruction.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
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 proposes to
amend 33 CFR part 165 as follows:
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a new temporary zone
§ 165.T11–205 to read as follows:
§ 165.T11–205 Safety zone; Parker U.S.
Open Nationals; Parker, AZ.
(a) Location. The limits of this
temporary safety zone are as follows:
Bluewater Marina in Parker, AZ,
extending approximately 10 miles to La
Paz County Park.
(b) Enforcement Period. This section
will be enforced from 8 a.m. to 6 p.m.
on October 9, 2009 through October 11,
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,
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
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: June 16, 2009.
D.L. Leblanc,
Commander, U.S. Coast Guard, Acting
Captain of the Port of San Diego.
[FR Doc. E9–15727 Filed 7–2–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51, 60, 61 and 63
[EPA–HQ–OAR–2008–0531; FRL–8926–7]
RIN 2060–AP23
Restructuring of the Stationary Source
Audit Program
cprice-sewell on PROD1PC69 with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; announcement of
extending comment period.
SUMMARY: EPA is extending the
comment period for the proposed rule
entitled ‘‘Restructuring of the Stationary
Source Audit Program’’ that was
proposed in the Federal Register on
June 16, 2009. The 30-day comment
period in the proposed rule is scheduled
to end July 16, 2009. The extended
comment period will close on August 5,
2009. EPA is extending the comment
period because of a request we received
in a timely manner.
DATES: Comments. The comment period
for the proposed rule published June 16,
2009 (74 FR 28451), is extended.
Comments must be received on August
5, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
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HQ–OAR–2008–0531, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: Send your comments via
electronic mail to a-and-rdocket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Restructuring of the
Stationary Source Audit Program,
Environmental Protection Agency,
Mailcode 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Please include a total of two copies.
• Hand Delivery: EPA Docket Center,
EPA Headquarters Library, Room 3334,
EPA West Building, 1301 Constitution
Ave., NW., Washington, DC 20460. Such
deliveries are accepted only during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0531. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to the
SUPPLEMENTARY INFORMATION section of
this document or visit the EPA Docket
Center homepage at https://
www.epa.gov/epahome/dockets.htm.
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Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Methods for Restructuring of the
Stationary Source Audit Program
Docket, EPA/DC, EPA West Building,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room/Docket Center 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,
and the telephone number for the Air
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: For
questions concerning the proposed rule,
contact Ms. Candace Sorrell, U.S. EPA,
Office of Air Quality Planning and
Standards, Air Quality Assessment
Division, Measurement Technology
Group (E143–02), Research Triangle
Park, NC 27711; telephone number:
(919) 541–1064; fax number; (919) 541–
0516; e-mail address:
sorrell.candace@epa.gov
SUPPLEMENTARY INFORMATION:
A. What Should I Consider As I Prepare
My Comments for EPA?
Do not submit information containing
CBI to EPA through https://
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), U.S. EPA, Office of
Air Quality Planning and Standards,
Research Triangle Park, NC 27711,
Attention Docket ID No. EPA–HQ–
OAR–2008–0531. Clearly mark the part
or all of the information that you claim
to be CBI. For CBI information on a disk
or CD–ROM that you mail to EPA, mark
the outside of the disk or CD–ROM as
CBI, and then identify electronically
within the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
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]]>Agencies
[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31900-31903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15727]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0474]
RIN 1625-AA00
Safety Zone; Parker U.S. Open Nationals; Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a safety zone upon the navigable
waters of Lake Moovalya region on the lower Colorado River in support
of the Parker U.S. Open Nationals. This safety zone is necessary to
provide for the safety of the participants, crew, spectators,
participating vessels, and other users of the waterway. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before August 5, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0474 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail call Petty Officer Shane Jackson, USCG, Waterways
Management, U.S. Coast Guard Sector San Diego at telephone 619-278-
7262, e-mail Shane.E.Jackson@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
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SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0474), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0474'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0474'' in the Docket ID box, press Enter,
and then click on the item in the Docket ID column. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
This temporary safety zone is established in support of the Parker
U.S. Open Nationals, a marine event that includes participating vessels
along an established and marked course upon the Colorado River in
Parker, AZ. This temporary safety zone is necessary to provide for the
safety of the crews, spectators, and participants of the race and is
also necessary to protect other vessels and users of the waterway.
Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone that will be
enforced from 8 a.m. to 6 p.m. on October 9, 2009 through October 11,
2009. The limits of this temporary safety zone are as follows: Starting
at the Bluewater Marina in Parker, AZ, extending approximately 10 miles
to La Paz County Park. This safety zone is necessary to provide for the
safety of the crews, spectators, and participants of the Parker U.S.
Open Nationals and to protect other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.
Regulatory Analyses
We developed this proposed 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 proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We expect the economic impact of this rule to
be so minimal that a full Regulatory Evaluation is unnecessary. The
safety zone is of a limited duration, ten hours per day for a period of
three days, and is limited to a relatively small geographic area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. The safety zone will affect the following
entities, some of which may be small entities: The owners and operators
of pleasure craft engaged in recreational activities and sightseeing.
This safety zone will not have a significant economic impact on a
substantial number of small entities because: The safety zone is
limited in scope and duration, as it is in effect for ten hours per day
for a period of three days.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
[[Page 31902]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, call or e-mail Petty Officer Shane Jackson,
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at
telephone 619-278-7262, e-mail Shane.E.Jackson@uscg.mil. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a safety zone under figure 2-1, paragraph
(34)(g), of the Instruction.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
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 proposes
to amend 33 CFR part 165 as follows:
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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add a new temporary zone Sec. 165.T11-205 to read as follows:
Sec. 165.T11-205 Safety zone; Parker U.S. Open Nationals; Parker, AZ.
(a) Location. The limits of this temporary safety zone are as
follows: Bluewater Marina in Parker, AZ, extending approximately 10
miles to La Paz County Park.
(b) Enforcement Period. This section will be enforced from 8 a.m.
to 6 p.m. on October 9, 2009 through October 11, 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,
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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: June 16, 2009.
D.L. Leblanc,
Commander, U.S. Coast Guard, Acting Captain of the Port of San Diego.
[FR Doc. E9-15727 Filed 7-2-09; 8:45 am]
BILLING CODE 4910-15-P
