Safety Zone; San Clemente Island Northwest Harbor August and September Training; Northwest Harbor, San Clemente Island, CA, 32078-32080 [E9-15885]
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32078
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations
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:
■
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.
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 temporary § 165.T01–0526 to
read as follows:
■
§ 165.T01–0526 Temporary Safety Zones
for Fireworks Displays in Boothbay Harbor,
South Gardiner, and Woolwich ME
(a) Locations. The following areas are
temporary safety zones:
(1) For the ‘‘Windjammer Days
Fireworks’’: all navigable waters of
Boothbay Harbor within a 500 yard
radius of the fireworks launch site in the
vicinity of Clam Rock in approximate
location latitude 43°50′38″ N, longitude
069°37′57″ W.
(2) For the ‘‘Boothbay Harbor Fourth
of July Fireworks’’: all navigable waters
of Boothbay Harbor within a 500 yard
radius of the fireworks launch site in the
vicinity of Clam Rock in approximate
location latitude 43°50′38″ N, longitude
069°37′57″ W.
(3) For the ‘‘Heritage Days Fireworks’’:
all navigable waters of the Kennebec
River within a 500 yard radius of the
fireworks launch site in the vicinity of
Reed and Reed Boat Yard, Woolwich,
Maine enclosed by an area starting at
latitude 43°54′56″ N, longitude
069°48′16″ W.
(4) For the ‘‘Westerlund’s Landing
Party Fireworks’’: all navigable waters of
the Kennebec River within a 500 yard
radius of the fireworks launch site in the
vicinity of Nehumkeag Island, South
Gardiner, Maine enclosed by an area
starting at latitude 44°10′19.56″ N,
longitude 069°45′24.68″ W.
(5) For the ‘‘Town of Woolwich 250th
Celebration’’: all navigable waters of the
Kennebec River within a 500 yard
radius of the fireworks launch site in the
vicinity of Reed and Reed Dockyard,
Woolwich, Maine enclosed by an area
starting at latitude 43°54′59″ N,
longitude 069°48′16″ W.
(b) Enforcement Period. The
temporary safety zones will be enforced
during the following dates and times:
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14:44 Jul 06, 2009
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(1) For the ‘‘Windjammer Days
Fireworks’’: June 24, 2009 (Rain Date:
July 4, 2009), between 8 p.m. to 10 p.m.
(2) For the ‘‘Boothbay Harbor Fourth
of July Fireworks’’: July 4, 2009 (Rain
Date: July 5, 2009), between 8 p.m. to 10
p.m.
(3) For the ‘‘Heritage Days Fireworks’’:
July 5, 2009 (Rain Date: July 6, 2009),
between 8 p.m. to 10 p.m.
(4) For the ‘‘Westerlund’s Landing
Party Fireworks’’: August 1, 2009 (Rain
Date: August 2, 2009), between 8 p.m.
to 10:30 p.m.
(5) For the ‘‘Town of Woolwich 250th
Celebration’’ August 2, 2009 (Rain Date:
August 3, 2009), between 9 p.m. to 10
p.m.
(c) Regulations.
(1) During the enforcement period,
entry into, transiting, remaining within
or anchoring in these safety zones is
prohibited unless authorized by the
Captain of the Port Northern New
England or his designated
representatives.
(2) These safety zones are closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Northern New England or his
designated representatives.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port
Northern New England to act on his
behalf. The designated representative
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
contact the Captain of the Port Northern
New England or his designated
representative via VHF Channel 16 to
obtain permission to do so.
(5) Vessel operators given permission
to enter or operate in the safety zones
must comply with all directions given to
them by the Captain of the Port
Northern New England or his
designated representatives.
Dated: June 23, 2009.
B.J. Downey Jr.,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Sector Northern New
England.
[FR Doc. E9–15874 Filed 7–6–09; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0522]
RIN 1625–AA00
Safety Zone; San Clemente Island
Northwest Harbor August and
September Training; Northwest
Harbor, San Clemente Island, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of the Northwest
Harbor of San Clemente Island in
support of the Naval Underwater
Detonation. This safety zone is
necessary to ensure non-authorized
personnel and vessels remain safe by
keeping clear of the hazardous area
during the training activity. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port
(COTP) or his designated representative.
DATES: This rule is effective from
August 1, 2009 through September 30,
2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0522 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–2009–0522 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at the Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail 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:
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations
32079
Regulatory Information
Regulatory Analyses
Assistance for Small Entities
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is necessary to ensure
the safety of commercial and
recreational vessels in the vicinity of
any underwater detonation on the dates
and times this rule will be in effect and
delay would be contrary to the public
interest.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delay in the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the public’s safety.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Background and Purpose
The Officer in Charge (OIC) of the
Southern California Offshore Range will
be conducting intermittent training
involving the detonation of military
grade explosives underwater throughout
August and September 2009. This safety
zone is necessary to ensure nonauthorized personnel and vessels
remain safe by keeping clear of the
hazardous area during the training
activity.
Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced from
August 1, 2009 through September 30,
2009. The limits of the safety zone will
be the navigable waters of the Northwest
Harbor of San Clemente Island bounded
by the following coordinates: 33°02′06″
N, 118°35′36″ W; 33°02′00″ N,
118°34′36″ W; thence along San
Clemente Island shoreline to 33°02′06″
N, 118°35′36″ W. This safety zone is
necessary to ensure non-authorized
personnel and vessels remain safe by
keeping clear of the hazardous area
during the training activities. 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.
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14:44 Jul 06, 2009
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Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the size
and location of the safety zone.
Commercial and recreational vessels
will not be allowed to transit through
the designated safety zone during the
specified times while training is being
conducted.
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
commercial and recreational vessels
intending to transit or anchor in a
portion of the Northwest Harbor of San
Clemente Island from August 1, 2009
through September 30, 2009.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone will apply to the entire
width of the harbor, commercial and
recreational vessels will be allowed to
pass through the zone with the
permission of the U.S. Navy or Coast
Guard Sector San Diego. Before the
effective period, the Coast Guard will
issue a broadcast notice to mariners
(BNM) alerts and publish local notice to
mariners (LNM).
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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.
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07JYR1
32080
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations
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.
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14:44 Jul 06, 2009
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
1. The authority citation for part 165
continues to read as follows:
enforcement of this safety zone and will
announce that fact via Broadcast Notice
to Mariners.
(c) Definitions. The following
definitions apply to this section: (1)
Designated representative means any
Commissioned, Warrant, or Petty
Officers of the Coast Guard, Coast Guard
Auxiliary, or local, state, and federal
law enforcement vessels who have been
authorized to act on behalf of the COTP.
(2) Non-authorized personnel and
vessels, means any civilian boats,
fishermen, divers, and swimmers.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the COTP San Diego or his designated
representative.
(2) Non-authorized personnel and
vessels requesting permission to transit
through the safety zone may request
authorization to do so from the COTP
San Diego or his designated
representative. They may be contacted
on VHF–FM Channel 16, or at telephone
number (619) 278–7033.
(3) Naval units involved in the
exercise are allowed in the confines of
the established safety zone.
(4) All persons and vessels shall
comply with the instructions of the
Coast Guard COTP or his designated
representative.
(5) Upon being hailed by the U.S.
Coast Guard or other official personnel
by siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed.
(6) The Coast Guard may be assisted
by other federal, state, or local agencies
and the U.S. Navy.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295; 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Dated: June 22, 2009.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. E9–15885 Filed 7–6–09; 8:45 am]
■
2. Add a new temporary § 165.T11–
210 to read as follows:
BILLING CODE 4910–15–P
§ 165.T11–210 Safety Zone; San Clemente
Island Northwest Harbor August and
September Training; Northwest Harbor, San
Clemente Island, CA.
DEPARTMENT OF HOMELAND
SECURITY
Environment
We have analyzed this 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 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
temporary 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:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
(a) Location. The limits of the safety
zone will include the navigable waters
of the Northwest Harbor of San
Clemente Island bounded by the
following coordinates: 33°02′06″ N,
118°35′36″ W; 33°02′00″ N, 118°34′36″
W; thence along the coast of San
Clemente Island to 33°02′06″ N,
118°35′36″ W.
(b) Enforcement Period. This section
will be enforced from August 1, 2009
through September 30, 2009 during
naval training exercises. If the training
is concluded prior to the scheduled
termination time, the COTP will cease
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0399]
RIN 1625–AA00
Safety Zone, Kinnickinnic River
Sediment Removal Project, Milwaukee,
WI
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
E:\FR\FM\07JYR1.SGM
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Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Rules and Regulations]
[Pages 32078-32080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15885]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0522]
RIN 1625-AA00
Safety Zone; San Clemente Island Northwest Harbor August and
September Training; Northwest Harbor, San Clemente Island, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Northwest Harbor of San Clemente Island in support of the
Naval Underwater Detonation. This safety zone is necessary to ensure
non-authorized personnel and vessels remain safe by keeping clear of
the hazardous area during the training activity. Persons and vessels
are prohibited from entering into, transiting through, or anchoring
within this safety zone unless authorized by the Captain of the Port
(COTP) or his designated representative.
DATES: This rule is effective from August 1, 2009 through September 30,
2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0522 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-2009-0522
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail 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:
[[Page 32079]]
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of any underwater detonation on the dates and times this rule
will be in effect and delay would be contrary to the public interest.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delay in the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the public's safety.
Background and Purpose
The Officer in Charge (OIC) of the Southern California Offshore
Range will be conducting intermittent training involving the detonation
of military grade explosives underwater throughout August and September
2009. This safety zone is necessary to ensure non-authorized personnel
and vessels remain safe by keeping clear of the hazardous area during
the training activity.
Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
from August 1, 2009 through September 30, 2009. The limits of the
safety zone will be the navigable waters of the Northwest Harbor of San
Clemente Island bounded by the following coordinates: 33[deg]02'06'' N,
118[deg]35'36'' W; 33[deg]02'00'' N, 118[deg]34'36'' W; thence along
San Clemente Island shoreline to 33[deg]02'06'' N, 118[deg]35'36'' W.
This safety zone is necessary to ensure non-authorized personnel and
vessels remain safe by keeping clear of the hazardous area during the
training activities. Persons and vessels are prohibited from entering
into, transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size and location of the safety zone. Commercial and
recreational vessels will not be allowed to transit through the
designated safety zone during the specified times while training is
being conducted.
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 commercial and recreational
vessels intending to transit or anchor in a portion of the Northwest
Harbor of San Clemente Island from August 1, 2009 through September 30,
2009.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to the entire width of the harbor,
commercial and recreational vessels will be allowed to pass through the
zone with the permission of the U.S. Navy or Coast Guard Sector San
Diego. Before the effective period, the Coast Guard will issue a
broadcast notice to mariners (BNM) alerts and publish local notice to
mariners (LNM).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 32080]]
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 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 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
temporary 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, and 160.5;
Pub. L. 107-295; 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a new temporary Sec. 165.T11-210 to read as follows:
Sec. 165.T11-210 Safety Zone; San Clemente Island Northwest Harbor
August and September Training; Northwest Harbor, San Clemente Island,
CA.
(a) Location. The limits of the safety zone will include the
navigable waters of the Northwest Harbor of San Clemente Island bounded
by the following coordinates: 33[deg]02'06'' N, 118[deg]35'36'' W;
33[deg]02'00'' N, 118[deg]34'36'' W; thence along the coast of San
Clemente Island to 33[deg]02'06'' N, 118[deg]35'36'' W.
(b) Enforcement Period. This section will be enforced from August
1, 2009 through September 30, 2009 during naval training exercises. If
the training is concluded prior to the scheduled termination time, the
COTP will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative means any Commissioned, Warrant, or Petty
Officers of the Coast Guard, Coast Guard Auxiliary, or local, state,
and federal law enforcement vessels who have been authorized to act on
behalf of the COTP.
(2) Non-authorized personnel and vessels, means any civilian boats,
fishermen, divers, and swimmers.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the COTP San
Diego or his designated representative.
(2) Non-authorized personnel and vessels requesting permission to
transit through the safety zone may request authorization to do so from
the COTP San Diego or his designated representative. They may be
contacted on VHF-FM Channel 16, or at telephone number (619) 278-7033.
(3) Naval units involved in the exercise are allowed in the
confines of the established safety zone.
(4) All persons and vessels shall comply with the instructions of
the Coast Guard COTP or his designated representative.
(5) Upon being hailed by the U.S. Coast Guard or other official
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
(6) The Coast Guard may be assisted by other federal, state, or
local agencies and the U.S. Navy.
Dated: June 22, 2009.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. E9-15885 Filed 7-6-09; 8:45 am]
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