Safety Zone; BWRC `300' Enduro, Lake Moolvalya, Parker, AZ, 37933-37935 [E9-18126]

Download as PDF Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations Fees Applicable to Natural Gas Pipelines removing ‘‘$20,410’’ and adding ‘‘$21,950’’ in its place. 1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b))—$1,000.* [FR Doc. E9–18077 Filed 7–29–09; 8:45 am] BILLING CODE 6717–01–P Fees Applicable to Cogenerators and Small Power Producers DEPARTMENT OF HOMELAND SECURITY 1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a))—$19,390. 2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a))—$21,950. Electric power plants, Electric utilities, Natural gas, Reporting and recordkeeping requirements. Coast Guard, DHS. Notice of enforcement of regulation. ACTION: In consideration of the foregoing, the Commission amends Part 381, Chapter I, Title 18, Code of Federal Regulations, as set forth below. ■ PART 381—FEES 1. The authority citation for Part 381 continues to read as follows: ■ Authority: 15 U.S.C. 717–717w; 16 U.S.C. 791–828c, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. U.S.C. 1–85. [Amended] 2. In 381.302, paragraph (a) is amended by removing ‘‘$20,970’’ and adding ‘‘$22,550’’ in its place. ■ [Amended] 3. In 381.303, paragraph (a) is amended by removing ‘‘$30,620’’ and adding ‘‘$32,920’’ in its place. ■ § 381.304 [Amended] 4. In 381.304, paragraph (a) is amended by removing ‘‘$16,050’’ and adding ‘‘$17,260’’ in its place. ■ § 381.305 [Amended] 5. In 381.305, paragraph (a) is amended by removing ‘‘$6,010’’ and adding ‘‘$6,470’’ in its place. ■ § 381.403 [Amended] 6. Section 381.403 is amended by removing ‘‘$10,440’’ and adding ‘‘$11,220’’ in its place. erowe on DSK5CLS3C1PROD with RULES ■ § 381.505 [Amended] 7. In 381.505, paragraph (a) is amended by removing ‘‘$18,030’’ and adding ‘‘$19,390’’ in its place and by ■ * This fee has not been changed. VerDate Nov<24>2008 16:25 Jul 29, 2009 Jkt 217001 [USCG–2009–0616] AGENCY: Thomas R. Herlihy, Executive Director. § 381.303 33 CFR Part 165 Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL List of Subjects in 18 CFR Part 381 § 381.302 Coast Guard SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety Zone in Chicago Harbor from August 1, 2009, through August 29, 2009, for the Navy Pier Wednesday Fireworks and the Navy Pier Saturday Fireworks. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. During the enforcement period, no person or vessel may enter, move within, or exit the safety zone without permission of the Captain of the Port Lake Michigan or a designated representative. DATES: The regulations in 33 CFR 165.931 will be enforced for the events as follows: 1. Navy Pier Wednesday Fireworks: On August 5, 2009, from 9:15 p.m. through 9:45 p.m.; on August 12, 2009, from 9:15 p.m. through 9:45 p.m.; on August 19, 2009, from 9:15 p.m. through 9:45 p.m.; on August 26, 2009, from 9:15 p.m. through 9:45 p.m. 2. Navy Pier Saturday Fireworks: On August 1, 2009, from 10 p.m. through 10:40 p.m.; on August 8, 2009, from 10 p.m. through 10:40 p.m.; on August 15, 2009, from 10 p.m. through 10:40 p.m.; on August 22, 2009, from 10 p.m. through 10:40 p.m.; on August 29, 2009, from 10 p.m. through 10:40 p.m. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or e-mail BM2 Adam Kraft, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; telephone 414–747–7154, e-mail Adam.D.Kraft@uscg.mil. The Coast Guard will enforce the Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL, 33 CFR 165.931, for the Navy Pier Wednesday Fireworks and SUPPLEMENTARY INFORMATION: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 37933 Navy Pier Saturday Fireworks on the dates listed in the DATES section. Under the provisions of 3 CFR 165.931, all persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or a designated representative. Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light, or other means, the operator of the vessel shall proceed as directed. All vessels must obtain permission from the Captain of the Port or their onscene representative to enter, move within, or exit the safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port or a designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice is issued under authority of 33 CFR 165.931 Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is suspended. The Captain of the Port or their on-scene representative may be contacted via VHF–FM Channel 16. Dated: July 16, 2009. L. Barndt, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. E9–18124 Filed 7–29–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1180] RIN 1625–AA00 Safety Zone; BWRC ‘300’ Enduro, Lake Moolvalya, Parker, AZ Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is creating a temporary safety zone upon the navigable waters of the Lake Moolvalya region on the lower Colorado River in support of the Bluewater Resort and Casino ‘300’ Enduro boat race. This E:\FR\FM\30JYR1.SGM 30JYR1 37934 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and 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: This rule is effective from October 23, 2009 to October 25, 2009. Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2008–1180 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– 2008–1180 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways Management, Coast Guard; telephone 619–278–7262, e-mail Shane.E.Jackson@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information On April 27, 2009 we published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety zone; BWRC ‘300’ Enduro; Lake Moolvalya, Parker, AZ’’ in the Federal Register (74 FR 19031). We received 0 comments on the proposed rule. No public meeting was requested, and none was held. erowe on DSK5CLS3C1PROD with RULES Background and Purpose RPM Racing Enterprises is sponsoring the Bluewater Resort and Casino ‘300’ Enduro. The event is a closed boat endurance race consisting of 30 to 50 powerboats ranging from 16 to 26 feet in length. The sponsor will provide four water rescue boats and eight patrol boats for this event. This safety zone is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and other users of the waterway. VerDate Nov<24>2008 14:57 Jul 29, 2009 Jkt 217001 Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. This determination is based on the size and location of the safety zone. Commercial vessels will not be hindered by the safety zone. Recreational vessels will not be allowed to transit through the designated safety zone during the specified times. 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 the Lake Moolvalya region of the Lower Colorado River from 6 a.m. to 6 p.m. on October 23, 2009 through October 25, 2009. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule would be in effect for 12 hours a day for a period of three days. Although the safety zone would apply to the entire width of the river, traffic would be allowed to pass through the zone with the permission of the Coast Guard patrol commander. Before the effective period, we will publish a 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), PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to E:\FR\FM\30JYR1.SGM 30JYR1 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations 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. erowe on DSK5CLS3C1PROD with RULES Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. VerDate Nov<24>2008 14:57 Jul 29, 2009 Jkt 217001 Environment We have analyzed this rule under Department of Homeland Security Management Directive 0023.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction because the rule establishes a safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 37935 Guard, Coast Guard Auxiliary, or local, state, or 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: July 6, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–18126 Filed 7–29–09; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 4910–15–P ■ 1. The authority citation for part 165 continues to read as follows: DEPARTMENT OF HOMELAND SECURITY 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. Coast Guard ■ 2. Add temporary § 165.T11–145 to read as follows: Safety Zone; Milwaukee Harbor, Milwaukee, WI § 165.T11–145 Safety zone; BWRC 300 Enduro, Lake Moolvalya, Parker, AZ. Coast Guard, DHS. Notice of enforcement of regulation. (a) Location. The following area is a safety zone: All waters of the Colorado River, from surface to bottom and shore to shore, extending from the Headgate Dam at 34°10.15 N, 114°16.40 W following the river northeast to 34°11.76 N, 114°13.50 W. (b) Enforcement Period. This section will be enforced from 6 a.m. to 6 p.m., each day, beginning October 23, 2009 through October 25, 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, or petty officers of the Coast Guard on board Coast PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 33 CFR Part 165 [USCG–2009–0666] AGENCY: ACTION: SUMMARY: The Coast Guard will enforce the safety zone for Milwaukee Harbor for annual fireworks events in the Captain of the Port Lake Michigan zone from 9:30 p.m. on August 8, 2009, through 10 p.m. on September 12, 2009. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the fireworks events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port Lake Michigan. DATES: The regulations in 33 CFR 165.935 will be enforced from 9:30 p.m. through 10 p.m. on August 8, 2009; from 10:15 p.m. through 10:45 p.m. on August 16, 2009; from 9:30 p.m. through E:\FR\FM\30JYR1.SGM 30JYR1

Agencies

[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Rules and Regulations]
[Pages 37933-37935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18126]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1180]
RIN 1625-AA00


Safety Zone; BWRC `300' Enduro, Lake Moolvalya, Parker, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is creating a temporary safety zone upon the 
navigable waters of the Lake Moolvalya region on the lower Colorado 
River in support of the Bluewater Resort and Casino `300' Enduro boat 
race. This

[[Page 37934]]

safety zone is necessary to provide for the safety of the participants, 
crew, spectators, participating vessels, and other vessels and 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: This rule is effective from October 23, 2009 to October 25, 
2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-1180 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-2008-1180 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 27, 2009 we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety zone; BWRC `300' Enduro; Lake Moolvalya, 
Parker, AZ'' in the Federal Register (74 FR 19031). We received 0 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    RPM Racing Enterprises is sponsoring the Bluewater Resort and 
Casino `300' Enduro. The event is a closed boat endurance race 
consisting of 30 to 50 powerboats ranging from 16 to 26 feet in length. 
The sponsor will provide four water rescue boats and eight patrol boats 
for this event. This safety zone is necessary to provide for the safety 
of the participants, crew, spectators, sponsor vessels, and other users 
of the waterway.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This determination is based on the size and location of the safety 
zone. Commercial vessels will not be hindered by the safety zone. 
Recreational vessels will not be allowed to transit through the 
designated safety zone during the specified times.

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 the Lake Moolvalya region of the Lower Colorado River from 
6 a.m. to 6 p.m. on October 23, 2009 through October 25, 2009.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would be in effect for 12 hours a day for a period of three days. 
Although the safety zone would apply to the entire width of the river, 
traffic would be allowed to pass through the zone with the permission 
of the Coast Guard patrol commander. Before the effective period, we 
will publish a 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), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 37935]]

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 0023.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction because the rule establishes a safety zone.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T11-145 to read as follows:


Sec.  165.T11-145  Safety zone; BWRC 300 Enduro, Lake Moolvalya, 
Parker, AZ.

    (a) Location. The following area is a safety zone: All waters of 
the Colorado River, from surface to bottom and shore to shore, 
extending from the Headgate Dam at 34[deg]10.15 N, 114[deg]16.40 W 
following the river northeast to 34[deg]11.76 N, 114[deg]13.50 W.
    (b) Enforcement Period. This section will be enforced from 6 a.m. 
to 6 p.m., each day, beginning October 23, 2009 through October 25, 
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, or petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, or local, state, or 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: July 6, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-18126 Filed 7-29-09; 8:45 am]
BILLING CODE 4910-15-P

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