Safety Zone; James River, Navy Live Fire and Explosive Training, 34248-34251 [E9-16829]
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34248
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations
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.
srobinson on DSKHWCL6B1PROD with RULES
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
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15:15 Jul 14, 2009
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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 establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones.
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, and
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.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
fireworks display, the temporary safety
zone applies to the navigable waters
around the fireworks site within a
radius of 100 feet. From 9:30 p.m. until
10:15 p.m. on August 21, 23, 25, & 27,
2009, the area to which the temporary
safety zone applies will increase in size
to encompass the navigable waters
around the fireworks site within a
radius of 1,000 feet.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations.
(1) Under the general regulations in
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP or the COTP’s designated
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–16 or through the 24-hour
Command Center at telephone (415)
399–3547.
(d) Effective period. This section is
effective from 12:45 p.m. through 10:15
p.m. on August 21, 23, 25, & 27, 2009.
Dated: June 29, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. E9–16683 Filed 7–14–09; 8:45 am]
BILLING CODE 4910–15–P
2. Add temporary § 165–T11.207 to
read as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165–T11.207 Safety Zone; Fireworks
Display at the Craneway Building,
Richmond, CA.
Coast Guard
(a) Location. This temporary safety
zone is established for the waters off
Richmond, CA. The fireworks launch
site will be located in position 37°54′
26.99″ N, 122°21′ 39.31″ W (NAD 83).
During the loading of the fireworks
onto the barge, and until the start of the
[Docket No. USCG–2009–0568]
■
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33 CFR Part 165
RIN 1625–AA00
Safety Zone; James River, Navy Live
Fire and Explosive Training
AGENCY:
E:\FR\FM\15JYR1.SGM
Coast Guard, DHS.
15JYR1
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations
ACTION:
Temporary final rule.
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY: The Coast Guard is
establishing a temporary safety zone
encompassing the M/V Del Monte. This
safety zone will restrict vessel traffic on
a portion of the James River within a
1,500-foot radius of the M/V Del Monte.
This action is intended to restrict vessel
traffic movement in the vicinity of the
James River Reserve Fleet to protect
mariners from the hazards associated
with live fire and explosive training
events.
DATES: This rule is effective from 8 a.m.
on July 30, 2009, to 11 p.m. on August
8, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0568 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–2009–0568 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 LT Tiffany Duffy,
Chief Waterways Management, Sector
Hampton Roads, Coast Guard; telephone
757–668–5580, e-mail
tiffany.a.duffy@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
delaying the effective date would be
contrary to the public interest since
immediate action is needed to ensure
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the public’s safety during the Navy’s
live fire and explosive training event.
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. Delaying the effective date
would be contrary to the public interest
since immediate action is needed to
ensure the public’s safety during the
Navy’s live fire and explosive training
event.
Background and Purpose
Coast Guard Sector Hampton Roads
has been notified that the U.S. Navy will
conduct a live fire and explosive
training event onboard the M/V Del
Monte in the vicinity of the James River
Reserve Fleet. The event is scheduled to
take place from July 30, 2009, to August
8, 2009. Due to the need to protect
mariners transiting on James River in
the vicinity of the exercise from the
hazards associated with live fire and
explosive events, the Coast Guard is
establishing a safety zone bound by a
1,500-foot radius around approximate
position 37°06′11″ N/076°38′40″ W
(NAD 1983). Access to this area will be
temporarily restricted for public safety
purposes.
Discussion of Rule
The Coast Guard is establishing a
1,500-foot radius safety zone on
specified waters of James River around
approximate position 37°06′11″ N/
076°38′40″ W (NAD 1983) in the
vicinity of the James River Reserve
Fleet. This safety zone is being
established in the interest of public
safety during the live fire and explosive
training exercise and will be enforced
from 8 a.m. to 11 p.m. on July 30, 2009,
to August 8, 2009. Access to the safety
zone will be restricted during the
specified dates and times. Except for
vessels authorized by the Captain of the
Port or his Representative, no person or
vessel may enter or remain in the safety
zone.
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
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34249
Budget has not reviewed it under that
Order. Although this regulation restricts
access to the safety zone, the effect of
this rule will not be significant because:
(i) The safety zone will be in effect for
a limited duration; (ii) the zone is of
limited size; and (iii) the Coast Guard
will make notifications via maritime
advisories so mariners can adjust their
plans accordingly. For the above
reasons, the Coast Guard does not
anticipate any significant economic
impact.
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 James River from 8 a.m.
to 11 p.m. from July 30, 2009, to August
8, 2009. This safety zone will not have
a significant economic impact on a
substantial number of small entities
because the safety zone will only be in
place for a limited duration. Before the
effective period beginning July 30, 2009,
maritime advisories will be issued
allowing mariners to adjust their plans
accordingly.
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).
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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations
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.
srobinson on DSKHWCL6B1PROD with RULES
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
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15:15 Jul 14, 2009
Jkt 217001
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.
the hazards associated with live fire and
explosive exercises. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
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.
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:
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 a temporary safety zone that
will be in effect for only ten days and
is intended to keep mariners safe from
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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 and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0568 to read as
follows:
■
§ 165.T05–0568 Safety Zone; James River,
Navy Live Fire and Explosive Training.
(a) Regulated Area. The following area
is a safety zone: All waters in the
vicinity of the James River Reserve Fleet
on the James River within a 1,500-foot
radius of position 37°06′11″ N/
076°38′40″ W (NAD 1983).
(b) Definition: For the purposes of this
section, Captain of the Port
Representative means any U.S. Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port, Hampton Roads,
Virginia to act on his behalf.
(c) Regulations: (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant, or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant, or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
number 757–638–6641.
(4) The Coast Guard Representatives
enforcing the safety zone can be
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15JYR1
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This
regulation will be enforced from 8 a.m.
to 11 p.m. beginning July 30, 2009, to
August 8, 2009.
Dated: July 2, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the
Port Hampton Roads.
[FR Doc. E9–16829 Filed 7–14–09; 8:45 am]
BILLING CODE 4910–15–P
Evaluation of Comments Received
POSTAL SERVICE
39 CFR Part 111
Price Marking Requirements for
Commercial Base and Commercial
Plus Pricing
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
SUMMARY: The Postal Service is
implementing new price marking
requirements on Express Mail® and
Priority Mail® pieces mailed at
commercial base and commercial plus
prices. The new markings are needed to
fulfill our revenue reporting and
revenue assurance requirements.
DATES: Effective Date: November 2,
2009.
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FOR FURTHER INFORMATION CONTACT:
Monica Grein, 202–268–8411.
SUPPLEMENTARY INFORMATION: On April
3, 2009, the Postal Service published a
Federal Register proposed rule (Volume
74, Number 63, pages 15226–15227)
inviting comments on a revision to
require price markings on Express Mail
and Priority Mail pieces mailed at
commercial base and commercial plus
prices. We received two sets of
comments. After reviewing those
comments, and upon further
consideration of the proposed revisions,
the Postal Service has decided to adopt
the proposed regulations with no
revisions.
As noted in the SUPPLEMENTARY
INFORMATION section of the proposed
rule, the Postal Service is revising the
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) to require price markings on
Express Mail and Priority Mail pieces
mailed at the commercial base or the
commercial plus prices. The new
markings will help us determine which
price was applied to these pieces, and
verify that the pieces qualify for the
price claimed. The markings must
appear on pieces paid by any means
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15:15 Jul 14, 2009
except permit imprint or Express Mail
Corporate Account.
Under this final rule, mailers must
print or produce as part of the meter
imprint or PC Postage® indicia—
‘‘Commercial Base Price,’’ ‘‘Commercial
Base Pricing,’’ or ‘‘ComBasPrice,’’ for
pieces paid at the Commercial Base
price; and ‘‘Commercial Plus Price,’’
‘‘Commercial Plus Pricing,’’ or
‘‘ComPlsPrice’’ for pieces paid at the
Commercial Plus price. The appropriate
marking must appear directly above,
directly below, or to the left of the
postage.
Jkt 217001
The Postal Service received two sets
of comments. Both of the comments
suggested that the Postal Service allow
the markings ‘‘Express CBP’’ and
‘‘Priority CBP.’’ We have decided not to
add these markings to the list of
acceptable price markings because
‘‘Priority Mail’’ and ‘‘Express Mail’’ are
trademarks owned by the Postal Service
for expedited delivery services and
expedited delivery packaging. The use
of an incomplete trademark, i.e., the
single words ‘‘Priority’’ or ‘‘Express’’ on
‘‘Priority Mail’’ pieces or ‘‘Express
Mail’’ pieces is unacceptable to the
Postal Service.
One commenter also asked that we
extend our effective date past the 90
days we proposed. Even though the
Postal Service thinks 90 days is
sufficient time to conform to this rule,
mailers requiring additional time may
submit a request for an exception to the
Manager, Mailing Standards. Requests
will be evaluated based on the
circumstances of the individual mailer’s
progress towards transition.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM®), which
is incorporated by reference in the Code
of Federal Regulations. See 39 CFR
111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
■ Accordingly, 39 CFR Part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
■
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34251
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
400
Commercial Parcels
*
*
*
*
*
402 Elements on the Face of a
Mailpiece
*
*
*
*
*
2.0 Placement and Content of
Markings
[Renumber 2.1 through 2.5 as 2.2
through 2.6 and add new 2.1, Express
Mail and Priority Mail Markings, as
follows:]
2.1 Express Mail and Priority Mail
Markings
Except for pieces paid using permit
imprint or an Express Mail Corporate
Account, Express Mail and Priority Mail
pieces claiming the commercial base or
commercial plus price must bear the
appropriate price marking, printed on
the piece or produced as part of the
meter imprint or PC Postage indicia.
Place the marking directly above,
directly below, or to the left of the
postage. Markings are as follows: a.
‘‘Commercial Base Price,’’ ‘‘Commercial
Base Pricing,’’ or ‘‘ComBasPrice.’’ b.
‘‘Commercial Plus Price,’’ ‘‘Commercial
Plus Pricing,’’ or ‘‘ComPlsPrice.’’
*
*
*
*
*
410
Express Mail
*
*
*
*
*
415 Mail Preparation
[Reorganize and revise section 1.0 by
adding a new 1.2 as follows:]
1.0 General Information for Mail
Preparation
1.1 Express Mail Packaging Provided
by the USPS
Express Mail packaging provided by
the USPS must be used only for Express
Mail. Regardless of how the packaging
is reconfigured or how markings may be
obliterated, any material mailed in
USPS-provided Express Mail packaging
is charged the appropriate Express Mail
price.
1.2 Price Marking
Except for pieces paid using an
Express Mail Corporate Account,
Express Mail pieces claiming the
commercial base or commercial plus
price must bear the appropriate price
marking, printed on the piece or
produced as part of the meter imprint or
PC Postage indicia. Place the marking
directly above, directly below, or to the
left of the postage. Markings are as
follows:
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]]>Agencies
[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34248-34251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16829]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0568]
RIN 1625-AA00
Safety Zone; James River, Navy Live Fire and Explosive Training
AGENCY: Coast Guard, DHS.
[[Page 34249]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the M/V Del Monte. This safety zone will restrict vessel
traffic on a portion of the James River within a 1,500-foot radius of
the M/V Del Monte. This action is intended to restrict vessel traffic
movement in the vicinity of the James River Reserve Fleet to protect
mariners from the hazards associated with live fire and explosive
training events.
DATES: This rule is effective from 8 a.m. on July 30, 2009, to 11 p.m.
on August 8, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0568 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-2009-0568
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 LT Tiffany Duffy, Chief Waterways
Management, Sector Hampton Roads, Coast Guard; telephone 757-668-5580,
e-mail tiffany.a.duffy@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delaying the effective date would be
contrary to the public interest since immediate action is needed to
ensure the public's safety during the Navy's live fire and explosive
training event.
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. Delaying the effective date would
be contrary to the public interest since immediate action is needed to
ensure the public's safety during the Navy's live fire and explosive
training event.
Background and Purpose
Coast Guard Sector Hampton Roads has been notified that the U.S.
Navy will conduct a live fire and explosive training event onboard the
M/V Del Monte in the vicinity of the James River Reserve Fleet. The
event is scheduled to take place from July 30, 2009, to August 8, 2009.
Due to the need to protect mariners transiting on James River in the
vicinity of the exercise from the hazards associated with live fire and
explosive events, the Coast Guard is establishing a safety zone bound
by a 1,500-foot radius around approximate position 37[deg]06'11'' N/
076[deg]38'40'' W (NAD 1983). Access to this area will be temporarily
restricted for public safety purposes.
Discussion of Rule
The Coast Guard is establishing a 1,500-foot radius safety zone on
specified waters of James River around approximate position
37[deg]06'11'' N/076[deg]38'40'' W (NAD 1983) in the vicinity of the
James River Reserve Fleet. This safety zone is being established in the
interest of public safety during the live fire and explosive training
exercise and will be enforced from 8 a.m. to 11 p.m. on July 30, 2009,
to August 8, 2009. Access to the safety zone will be restricted during
the specified dates and times. Except for vessels authorized by the
Captain of the Port or his Representative, no person or vessel may
enter or remain in the safety zone.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
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 James River from 8 a.m. to 11
p.m. from July 30, 2009, to August 8, 2009. This safety zone will not
have a significant economic impact on a substantial number of small
entities because the safety zone will only be in place for a limited
duration. Before the effective period beginning July 30, 2009, maritime
advisories will be issued allowing mariners to adjust their plans
accordingly.
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).
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The Coast Guard will not retaliate against small entities that question
or complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
Under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 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 a temporary safety zone
that will be in effect for only ten days and is intended to keep
mariners safe from the hazards associated with live fire and explosive
exercises. 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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0568 to read as follows:
Sec. 165.T05-0568 Safety Zone; James River, Navy Live Fire and
Explosive Training.
(a) Regulated Area. The following area is a safety zone: All waters
in the vicinity of the James River Reserve Fleet on the James River
within a 1,500-foot radius of position 37[deg]06[min]11[sec] N/
076[deg]38[min]40[sec] W (NAD 1983).
(b) Definition: For the purposes of this section, Captain of the
Port Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
(c) Regulations: (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant, or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant, or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone number 757-638-6641.
(4) The Coast Guard Representatives enforcing the safety zone can
be
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contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This regulation will be enforced from 8
a.m. to 11 p.m. beginning July 30, 2009, to August 8, 2009.
Dated: July 2, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the Port Hampton Roads.
[FR Doc. E9-16829 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-15-P
