Safety Zone; Milwaukee Harbor, Milwaukee, WI, 37935-37936 [E9-18161]
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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.
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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.
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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
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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
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37936
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations
10 p.m. on August 21, 2009; and from
9:30 p.m. through 10 p.m. on September
11–12, 2009.
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,
Milwaukee Harbor, Milwaukee, WI, as
listed in 33 CFR 165.935 for the
following events, dates, and times:
(1) Arab World Fest fireworks display
on August 8, 2009, from 9:30 p.m.
through 10 p.m.;
(2) Irish Fest fireworks display on
August 16, 2009, from 10:15 p.m.
through 10:45 p.m.;
(3) Mexican Fiesta fireworks display
on August 21, 2009, from 9:30 p.m.
through 10 p.m.; and
(4) Indian Summer fireworks display
on September 11–12, 2009, from 9:30
p.m. through 10 p.m.
All vessels must obtain permission
from the Captain of the Port or a
designated on-scene 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 165.935 Safety Zone,
Milwaukee Harbor, Milwaukee, WI, 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 the designated on-scene
representative may be contacted via
VHF–FM Channel 16.
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SUPPLEMENTARY INFORMATION:
Dated: July 16, 2009.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E9–18161 Filed 7–29–09; 8:45 am]
BILLING CODE 4910–15–P
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–29 and C2009–39;
Order No. 233]
Priority Mail Contract
Postal Rate Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is adding
the Priority Mail Contract 13 to the
Competitive Product List. This action is
consistent with changes in a recent law
governing postal operations.
Republication of the lists of market
dominant and competitive products is
also consistent with new requirements
in the law.
DATES: Effective July 30, 2009 and is
applicable beginning July 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–7889–6820 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATON:
Regulatory History, 74 FR 30647 (June
26, 2009).
I. Background
II. Comments
III. Commission Analysis
IV. Ordering Paragraphs
I. Background
The Postal Service seeks to add a new
product identified as Priority Mail
Contract 13 to the Competitive Product
List. For the reasons discussed below,
the Commission approves the Request.
On June 15, 2009, the Postal Service
filed a notice, pursuant to 39 U.S.C.
3632(b)(3) and 39 CFR 3015.5,
announcing that it has entered into an
additional contract (Priority Mail
Contract 13), which it attempts to
classify within the previously proposed
Priority Mail Contract Group product.1
In support, the Postal Service filed the
proposed contract and referenced
Governors’ Decision 09–6 filed in
Docket No. MC2009–25. Id. at 1. The
Notice has been assigned Docket No.
CP2009–39.
In response to Order No. 224,2 and in
accordance with 39 U.S.C. 3642 and 39
CFR part 3020 subpart B, the Postal
Service filed a formal request to add
Priority Mail Contract 13 to the
Competitive Product List as a separate
1 Notice of Establishment of Rates and Class Not
of General Applicability (Priority Mail Contract 13),
June 15, 2009 (Notice).
2 PRC Order No. 224, Notice and Order
Concerning Filing of Priority Mail Contract 13
Negotiated Service Agreement, June 17, 2009 (Order
No. 224).
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product.3 The Postal Service asserts that
the Priority Mail Contract 13 product is
a competitive product ‘‘not of general
applicability’’ within the meaning of 39
U.S.C. 3632(b)(3). This Request has been
assigned Docket No. MC2009–29.
In support of its Notice and Request,
the Postal Service filed the following
materials: (1) A redacted version of the
contract which, among other things,
provides that the contract will expire 3
years from the effective date, which is
proposed to be the day that the
Commission issues all regulatory
approvals; 4 (2) requested changes in the
Mail Classification Schedule product
list; 5 (3) a Statement of Supporting
Justification as required by 39 CFR
3020.32; 6 and (4) certification of
compliance with 39 U.S.C. 3633(a).7
In the Statement of Supporting
Justification, Mary Prince Anderson,
Acting Manager, Sales and
Communications, Expedited Shipping,
asserts that the service to be provided
under the contract will cover its
attributable costs, make a positive
contribution to coverage of institutional
costs, and will increase contribution
toward the requisite 5.5 percent of the
Postal Service’s total institutional costs.
Request, Attachment B, at 1. W. Ashley
Lyons, Manager, Corporate Financial
Planning, Finance Department, certifies
that the contract complies with 39
U.S.C. 3633(a). Notice, Attachment B.
The Postal Service filed much of the
supporting materials, including the
unredacted contract, under seal. In its
Notice, the Postal Service maintains that
the contract and related financial
information, including the customer’s
name and the accompanying analyses
that provide prices, terms, conditions,
and financial projections, should remain
confidential. Notice at 2–3.
In Order No. 224, the Commission
gave notice of the two dockets,
requested supplemental information,
appointed a public representative, and
provided the public with an opportunity
to comment.8 On June 23, 2009, the
Postal Service filed the supplemental
information requested.9
3 Request of the United States Postal Service to
Add Priority Mail Contract 13 to Competitive
Product List, June 23, 2009 (Request).
4 Attachment A to the Notice.
5 Attachment A to the Request.
6 Attachment B to the Request.
7 Attachment B to the Notice.
8 Order No. 224 at 1–4.
9 Response of the United States Postal Service to
Commission’s Request for Supplemental
Information in Order No. 224, June 23, 2009.
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Agencies
[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Rules and Regulations]
[Pages 37935-37936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18161]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2009-0666]
Safety Zone; Milwaukee Harbor, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
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
[[Page 37936]]
10 p.m. on August 21, 2009; and from 9:30 p.m. through 10 p.m. on
September 11-12, 2009.
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.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone, Milwaukee Harbor, Milwaukee, WI, as listed in 33 CFR 165.935 for
the following events, dates, and times:
(1) Arab World Fest fireworks display on August 8, 2009, from 9:30
p.m. through 10 p.m.;
(2) Irish Fest fireworks display on August 16, 2009, from 10:15
p.m. through 10:45 p.m.;
(3) Mexican Fiesta fireworks display on August 21, 2009, from 9:30
p.m. through 10 p.m.; and
(4) Indian Summer fireworks display on September 11-12, 2009, from
9:30 p.m. through 10 p.m.
All vessels must obtain permission from the Captain of the Port or
a designated on-scene 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 165.935 Safety
Zone, Milwaukee Harbor, Milwaukee, WI, 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 the designated
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. E9-18161 Filed 7-29-09; 8:45 am]
BILLING CODE 4910-15-P