Safety Zone; Sea World Labor Day Fireworks, Mission Bay, San Diego, CA, 38916-38918 [E9-18629]
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
with Federalism implications as that
term is defined under Executive Order
13132.
Paperwork Reduction Act
The collection of information required
in this final rule has been approved by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This rule amends a
collection of information subject to the
requirements of the PRA, Title 44,
U.S.C., Chapter 35, which has been
approved under OMB control number
0607–0152. The reporting and
recordkeeping burden for this
requirement is estimated at three total
burden minutes per AES filing.
Notwithstanding any other provision of
law, no person is required to respond to,
nor shall a person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the PRA, unless that
collection of information displays a
current, valid OMB control number.
List of Subjects in 15 CFR Part 30
Economic statistics, Exports, Foreign
trade, Reporting and Recordkeeping
requirements.
■ For the reasons set out in the
preamble, Title 15, CFR part 30, is
amended as follows:
PART 30—FOREIGN TRADE
REGULATIONS
Subpart A—General Requirements
1. The authority citation for Part 30
continues to read as follows:
■
Authority: 5 U.S.C. 301; 13 U.S.C. 301–
307; Reorganization Plan 5 of 1990 (3 CFR
1949–1953 Comp., p.1004); Department of
Commerce Organization Order No. 35–2A,
July 22, 1987, as amended, and No. 35–2B,
December 20, 1996, as amended; and Public
Law 107–228, 116 Stat.1350.
2. In § 30.1 (c), revise the definition
‘‘Party ID type’’ to read as follows:
■
§ 30.1
Purpose and definitions.
*
*
*
*
*
(c) * * *
Party ID type. Identifies whether the
Party ID is an EIN, DUNS, or Foreign
Entity reported to the AES, for example,
E=EIN, D=DUNS, T=Foreign Entity.
*
*
*
*
*
3. In § 30.3, revise paragraphs (a),
(e)(1)(ii), and (e)(2)(vi) to read as
follows:
srobinson on DSKHWCL6B1PROD with RULES
■
§ 30.3 Electronic Export Information filer
requirements, parties to export
transactions, and responsibilities of parties
to export transactions.
(a) General requirements. The filer of
EEI for export transactions is either the
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16:20 Aug 04, 2009
Jkt 217001
USPPI, or the U.S. authorized agent. All
EEI submitted to the AES shall be
complete, correct, and based on
personal knowledge of the facts stated
or on information furnished by the
parties to the export transaction. The
filer shall be physically located in the
United States at the time of filing, have
an EIN or DUNS and be certified to
report in the AES. In the event that the
filer does not have an EIN or DUNS, the
filer must obtain an EIN from the
Internal Revenue Service. The filer is
responsible for the truth, accuracy, and
completeness of the EEI, except insofar
as that party can demonstrate that it
reasonably relied on information
furnished by other responsible persons
participating in the transaction. All
parties involved in export transactions,
including U.S. authorized agents,
should be aware that invoices and other
commercial documents may not
necessarily contain all the information
needed to prepare the EEI. The parties
shall ensure that all information needed
for reporting to the AES, including
correct export licensing information, is
provided to the U.S. authorized agent
for the purpose of correctly preparing
the EEI.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) USPPI’s EIN or DUNS
*
*
*
*
*
(2) * * *
(vi) EIN or DUNS of the authorized
agent.
*
*
*
*
*
4. In § 30.6, revise paragraphs
(a)(1)(iii) and (b)(1)(i) to read as follows:
■
§ 30.6 Electronic Export Information data
elements.
*
*
*
*
*
(a) * * *
(1) * * *
(iii) USPPI identification number. The
USPPI shall report its own IRS EIN in
the USPPI field of the EEI. If the USPPI
has only one EIN, report that EIN. If the
USPPI has more than one EIN, report
the EIN that the USPPI uses to report
employee wages and withholdings, and
not the EIN that is used to report only
company earnings or receipts. If the
USPPI does not have an EIN, the USPPI
must obtain an EIN for reporting to the
AES. Use of another company’s or
individual’s EIN or other identification
number is prohibited. The appropriate
Party type code shall be reported
through the AES. When a foreign entity
is in the United States when the items
are purchased or obtained for export,
the foreign entity is the USPPI for filing
purposes. In such situations, the foreign
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entity shall report a DUNS, border
crossing number, passport number, or
any number assigned by CBP.
*
*
*
*
*
(b) * * *
(1) * * *
(i) U.S. Authorized agent’s
identification number. Report the U.S.
authorized agent’s own EIN or DUNS for
the first shipment and for each
subsequent shipment. Use of another
company’s or individual’s EIN or other
identification number is prohibited. The
party ID type of agent identification
(E=EIN, D=DUNS) shall be indicated.
*
*
*
*
*
Dated: July 30, 2009.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. E9–18728 Filed 8–4–09; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0269]
RIN 1625–AA00
Safety Zone; Sea World Labor Day
Fireworks, Mission Bay, San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of Mission Bay in
support of the Sea World Labor Day
Fireworks. This 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 8 p.m.
to 10 p.m., each day, from September 5,
2009 through September 7, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0269 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–2009–0269 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 two locations: The Docket
E:\FR\FM\05AUR1.SGM
05AUR1
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
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; and at Coast
Guard Sector San Diego, 2710 N. Harbor
Drive, San Diego, CA 92101–1064
between 8 a.m. and 3 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,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; 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
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 vessels, spectators,
participants, and others in the vicinity
of the fireworks launching point and
delay would be contrary to the public
interest.
srobinson on DSKHWCL6B1PROD with RULES
Background and Purpose
Sea World is sponsoring the Sea
World Labor Day Fireworks, which will
include a fireworks presentation
launched from a barge in Mission Bay.
The safety zone will extend in a 600 foot
radius around the barge at an
approximate position of 32°46′03″ N,
117°13′11″ W. This temporary safety
zone is necessary to provide for the
safety of the crew, spectators,
participants, and other vessels and users
of the waterway.
Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced from 8
p.m. to 10 p.m., each day, on September
5, 2009 through September 7, 2009. The
safety zone will extend in a 600 foot
radius around the barge at an
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16:20 Aug 04, 2009
Jkt 217001
38917
approximate position of 32°46′03″ N,
117°13′11″ W. The safety zone is
necessary to provide for the safety of the
crew, spectators, participants, 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.
pass safely around the safety zone,
which is small and will be effective for
a short period. Before the effective
period, the Coast Guard will publish a
local notice to mariners (LNM) and will
issue broadcast notice to mariners
(BNM) alerts via marine channel 16
VHF before the safety zone is enforced.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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.
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 proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. This determination is
based on the location, small size, and
short duration of the safety zone, and
the fact that vessel traffic will be able to
pass safely around the 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 and operators of
vessels intending to transit or anchor in
that portion of Mission Bay covered by
the zone. This safety zone will not have
a significant economic impact on a
substantial number of small entities for
the following reasons: Vessel traffic can
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Assistance for Small Entities
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.
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 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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16:20 Aug 04, 2009
Jkt 217001
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 5100.1 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 it
creates 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:
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 temporary § 165.T11–190 to
read as follows:
■
§ 165.T11–190 Safety Zone; Sea World
Labor Day Fireworks, Mission Bay, San
Diego, California.
(a) Location. The following area is a
safety zone: All waters of Mission Bay,
from surface to bottom, within 600 feet
of the barge at an approximate position
of 32°46′03″ N, 117°13′11″ W.
(b) Enforcement Period. This section
will be enforced from 8 p.m. to 10 p.m.,
each day, on September 5, 2009 through
September 7, 2009. If the event
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Fmt 4700
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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
Sector San Diego Command Center. The
Command Center may be contacted on
VHF–FM Channel 16.
(3) All persons and vessels must
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 must 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. E9–18629 Filed 8–4–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0685]
RIN 1625–AA00
Safety Zone: USCG Barque Eagle
Transits of Rockland Harbor, ME,
Portland Harbor, ME and Portsmouth
Harbor, NH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary moving safety
zone excluding all vessels within a 100
yard radius of the U.S. Coast Guard
Barque EAGLE during the vessel’s
transit in Rockland Harbor, Penobscot
Bay, Casco Bay and Portland Harbor in
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]]>Agencies
[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Rules and Regulations]
[Pages 38916-38918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18629]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0269]
RIN 1625-AA00
Safety Zone; Sea World Labor Day Fireworks, Mission Bay, San
Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Mission Bay in support of the Sea World Labor Day Fireworks.
This 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 8 p.m. to 10 p.m., each day, from
September 5, 2009 through September 7, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0269 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-2009-0269
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 two locations: The Docket
[[Page 38917]]
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; and at Coast Guard Sector San Diego, 2710 N.
Harbor Drive, San Diego, CA 92101-1064 between 8 a.m. and 3 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, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; 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
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 vessels, spectators, participants, and others in
the vicinity of the fireworks launching point and delay would be
contrary to the public interest.
Background and Purpose
Sea World is sponsoring the Sea World Labor Day Fireworks, which
will include a fireworks presentation launched from a barge in Mission
Bay. The safety zone will extend in a 600 foot radius around the barge
at an approximate position of 32[deg]46'03'' N, 117[deg]13'11'' W. This
temporary safety zone is necessary to provide for the safety of the
crew, spectators, participants, and other vessels and users of the
waterway.
Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
from 8 p.m. to 10 p.m., each day, on September 5, 2009 through
September 7, 2009. The safety zone will extend in a 600 foot radius
around the barge at an approximate position of 32[deg]46'03'' N,
117[deg]13'11'' W. The safety zone is necessary to provide for the
safety of the crew, spectators, participants, 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.
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 proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
determination is based on the location, small size, and short duration
of the safety zone, and the fact that vessel traffic will be able to
pass safely around the 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 and operators of vessels intending to
transit or anchor in that portion of Mission Bay covered by the zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can pass safely around the safety zone, which is small and will
be effective for a short period. Before the effective period, the Coast
Guard will publish a local notice to mariners (LNM) and will issue
broadcast notice to mariners (BNM) alerts via marine channel 16 VHF
before the safety zone is enforced.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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.
[[Page 38918]]
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 5100.1 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 it creates 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.T11-190 to read as follows:
Sec. 165.T11-190 Safety Zone; Sea World Labor Day Fireworks, Mission
Bay, San Diego, California.
(a) Location. The following area is a safety zone: All waters of
Mission Bay, from surface to bottom, within 600 feet of the barge at an
approximate position of 32[deg]46'03'' N, 117[deg]13'11'' W.
(b) Enforcement Period. This section will be enforced from 8 p.m.
to 10 p.m., each day, on September 5, 2009 through September 7, 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 Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.
(3) All persons and vessels must 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
must 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. E9-18629 Filed 8-4-09; 8:45 am]
BILLING CODE 4910-15-P
