Safety Zone: USCG Barque Eagle Transits of Rockland Harbor, ME, Portland Harbor, ME and Portsmouth Harbor, NH, 38918-38921 [E9-18631]
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38918
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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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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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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Maine as well as during its transit of
Portsmouth Harbor, NH. This safety
zone is needed to protect spectators,
event safety vessels and others in the
maritime community from the safety
hazards created by sailing a large vessel
in close proximity to smaller vessels.
Entry into this safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Northern New England or
his designated representative.
DATES: This rule is effective from 8 a.m.
on July 24, 2009 until 6 p.m. on August
10, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0685 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–2009–0685 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 Chief Petty Officer
Randy Bucklin, U.S. Coast Guard Sector
Northern New England, Waterways
Management Division, telephone (207)
741–5440; e-mail
randy.bucklin@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 for the moving
safety zone 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 the
details regarding USCG Barque
EAGLES’s sail through the various
harbors in Maine and in Portsmouth
New Hampshire were not available in
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time to give the public notice and an
opportunity to comment thus making
issuance of an NPRM impractical.
Further, a cancellation or delay of the
EAGLE’s sail to accommodate a notice
and comment period is contrary to the
public’s interest in ensuring the safety
of spectators, event safety vessels and
other users of the waterway.
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. In addition to the reasons
stated above, a delay or cancellation of
the EAGLE’s sail to accommodate 30
days for publication before the rule
becomes effective is contrary to the
public interest. Further, immediate
action is needed to ensure a safe, vessel
free zone exists around this large sailing
vessel as it transits the various harbors.
Background and Purpose
The EAGLE is a large, steel hull sail
training ship that is limited in its ability
to quickly maneuver around smaller
vessels. USCGC Barque Eagle will be
making port calls in Rockland Harbor,
ME and Portland Harbor ME as well as
a port call in Portsmouth NH as part of
the marine event ‘‘The Tall Ships Visit
to Portsmouth Harbor, NH’’. This safety
zone is required to protect persons and
vessels from the safety hazards
associated with a large sailing vessel’s
limited maneuverability.
Discussion of Rule
The Coast Guard is establishing a
temporary moving safety zone excluding
all vessels within a 100 yard radius of
the USCGC Barque Eagle during the
transit to the CG Moorings in Rockland
Harbor, ME (44–069.33N 069–06.09W),
as it transits outbound into the main
channel in Penobscot Bay, as it transits
inbound to State Pier in Portland
Harbor, ME (43–39.38N 070–14.45W), as
it transits outbound Casco Bay to
Portland Head Light, inbound to Main
State Pier in Portsmouth, NH (43–
05.03N 070–45.65W) for ‘‘The Tall
Ships visit to Portsmouth Harbor’’
marine event while the event is in
progress, and as it transits outbound
Portsmouth Harbor to the 2KR buoy.
This safety zone is needed to protect
spectators, event sponsors’ safety
vessels, and others in the maritime
community from the safety hazards that
may arise from an event of this type.
Entry into this safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Northern New England or
his designated representative.
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38919
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.
The Coast Guard expects the
economic impact of this rule to be so
minimal that a full regulatory evaluation
is unnecessary. The effect of this rule
will not be significant for the following
reasons: The safety zones will be of
limited duration. The events are
designed to avoid, as much as
practicable, deep draft, fishing, and
recreational boating traffic routes.
Vessels may be authorized to transit the
zone with permission of the Captain of
the Port, Sector Northern New England.
Additionally, maritime advisories will
be broadcast during the duration of the
enforcement periods.
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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the safety
zones. However, this rule will not have
a significant economic impact on a
substantial number of small entities due
to the minimal time that vessels will be
restricted from the areas, the ample
space available for vessels to maneuver
and navigate around the zones, and
advance notifications will be made to
the local community by marine
information broadcasts.
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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.
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
srobinson on DSKHWCL6B1PROD with RULES
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
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
With Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
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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 creation of a temporary safety
zone for a limited period of time. An
environmental analysis checklist and a
categorical exclusion determination will
be 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.
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Add § 165.T01–0685 to read as
follows:
■
§ 165.T01–0685 Safety Zone; USCG
Barque Eagle transits of Rockland Harbor,
ME, Portland Harbor, ME and Portsmouth
Harbor, NH.
(a) Location. The following area is a
safety zone: All navigable waters within
100 yards in all directions of the United
States Coast Guard Barque EAGLE
(USCGC EAGLE) during its transit and
port calls in Rockland, ME, Portland,
ME and Portsmouth, NH for ‘‘The Tall
Ships Visit to Portsmouth Harbor, NH’’.
(b) Enforcement periods:
(1) This rule will be enforced from 8
a.m. on July 24, 2009 to 4 p.m. on July
27, 2009 in Rockland Harbor, ME;
(2) This rule will be enforced from 8
a.m. on July 31, 2009 through 4 p.m. on
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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations
August 3, 2009 in Portland Harbor, ME;
and,
(3) This rule will be enforced from 6
a.m. August 7, 2009 through 6 p.m. on
August 10, 2009 in Portsmouth, NH.
(c) Regulations:
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within this zone by
any person or vessel are prohibited
unless authorized by the Captain of the
Port (COTP), Sector Northern New
England or the COTP’s designated
representative.
(2) Vessel operators desiring to enter
or operate within the safety zone may
contact the COTP or the COTP’s
designated representative at telephone
number 207–767–0303 or designated
representative on VHF Channel 13
(156.7 MHz) or VHF channel 16 (156.8
MHz) to seek permission to do so. If
permission is granted, all persons and
vessels must comply with the
instructions provided by the COTP or
the COTP’s designated representative.
(d) Definitions.
(1) 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, or
local law enforcement officer designated
by or assisting the Captain of the Port
(COTP).
202–789–6820 or
stephen.sharfman@prc.gov.
Regulatory
History, 74 FR 33482 (July 13, 2009).
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Background
III. Information Request
IV. Comments
V. Commission Analysis
VI. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new
product identified as Express Mail &
Priority Mail Contract 7 to the
Competitive Product List. For the
reasons discussed below, the
Commission approves the Request.
II. Background
Postal Regulatory Commission.
ACTION: Final rule.
On July 2, 2009, the Postal Service
filed a formal request pursuant to 39
U.S.C. 3642 and 39 CFR 3020.30, et seq.,
to add Express Mail & Priority Mail
Contract 7 to the Competitive Product
List.1 On July 6, 2009, the Postal Service
filed a revised version of its filing which
includes attachments inadvertently
omitted from the July 2, 2009 request.2
The Postal Service asserts that the
Express Mail & Priority Mail Contract 7
product is a competitive product ‘‘not of
general applicability’’ within the
meaning of 39 U.S.C. 3632(b)(3). Id. at
1. The Request has been assigned
Docket No. MC2009–32.
The Postal Service
contemporaneously filed a contract
related to the proposed new product
pursuant to 39 U.S.C. 3632(b)(3) and 39
CFR 3015.5. Id. The contract has been
assigned Docket No. CP2009–43.
On July 8, 2009, the Postal Service
filed under seal revised versions of the
financial analysis workbooks originally
filed under seal on July 2, 2009.3
In support of its Request, the Postal
Service filed the following materials: (1)
A redacted version of the Governors’
Decision authorizing the new product
which also includes an analysis of
Express Mail & Priority Mail Contract 7
and certification of the Governors’
vote; 4 (2) a redacted version of the
SUMMARY: The Commission is adding
Express Mail & Priority Mail Contract 7
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
under the law.
DATES: Effective August 5, 2009 and is
applicable beginning July 27, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
1 Request of the United States Postal Service to
Add Express Mail & Priority Mail Contract 7 to
Competitive Product List and Notice of
Establishment of Rates and Class Not of General
Applicability, July 2, 2009.
2 Errata to Request of the United States Postal
Service to Add Express Mail & Priority Mail
Contract 7 to Competitive Product List and Notice
of Establishment of Rates and Class Not of General
Applicability, July 6, 2009 (Request).
3 See Notice of the United States Postal Service
of Filing Under Seal of Revised Financial Analysis
Workbooks for Express Mail & Priority Mail
Contract 7, July 8, 2009 (Revised Workbooks).
4 Attachment A to the Request. The analysis that
accompanies the Governors’ Decision notes, among
Dated: July 24, 2009.
B.J. Downey, Jr.,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Sector Northern New
England.
[FR Doc. E9–18631 Filed 8–4–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–32 and CP2009–43;
Order No. 256]
Express Mail and Priority Mail Contract
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AGENCY:
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38921
contract which, among other things,
provides that the contract will expire 3
years from the effective date, which is
proposed to be 1 day after the
Commission issues all regulatory
approvals; 5 (3) requested changes in the
Mail classification Schedule product
list; 6 (4) a Statement of Supporting
Justification as required by 39 CFR
3020.32; 7 and (5) certification of
compliance with 39 U.S.C. 3633(a).8
In the Statement of Supporting
Justification, Mary Prince Anderson,
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
institutional costs, and increase
contribution toward the requisite 5.5
percent of the Postal Service’s total
institutional costs. Id., Attachment D.
Thus, Ms. Anderson contends there will
be no issue of subsidization of
competitive products by market
dominant products as a result of this
contract. Id. W. Ashley Lyons, Manager,
Regulatory Reporting and Cost Analysis,
Finance Department, certifies that the
contract complies with 39 U.S.C.
3633(a). See Id., Attachment E.
The Postal Service filed much of the
supporting materials, including the
unredacted Governors’ Decision and the
unredacted contract, under seal. In its
Request, 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. Id. at 2–3.
In Order No. 240, the Commission
gave notice of the two dockets,
appointed a public representative, and
provided the public with an opportunity
to comment.9
III. Information Request
On July 14, 2009, the Chairman issued
an information request seeking
responses to 6 questions.10 The
information request was filed under
seal. Id. On July 20, 2009, the Postal
other things, that the contract is not risk free, but
concludes that the risks are manageable.
5 Attachment B to the Request.
6 Attachment C to the Request.
7 Attachment D to the Request.
8 Attachment E to the Request.
9 PRC Order No. 240, Notice and Order
Concerning Express Mail & Priority Mail Contract
7 Negotiated Service Agreement, July 7, 2009 (Order
No. 240).
10 Chairman’s Information Request No. 1 and
Notice of Filing of Questions Under Seal, July 14,
2009 (CHIR No. 1).
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[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Rules and Regulations]
[Pages 38918-38921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18631]
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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
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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
[[Page 38919]]
Maine as well as during its transit of Portsmouth Harbor, NH. This
safety zone is needed to protect spectators, event safety vessels and
others in the maritime community from the safety hazards created by
sailing a large vessel in close proximity to smaller vessels. Entry
into this safety zone is prohibited unless authorized by the Captain of
the Port, Sector Northern New England or his designated representative.
DATES: This rule is effective from 8 a.m. on July 24, 2009 until 6 p.m.
on August 10, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0685 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-2009-0685
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 Chief Petty Officer Randy Bucklin, U.S.
Coast Guard Sector Northern New England, Waterways Management Division,
telephone (207) 741-5440; e-mail randy.bucklin@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 for the moving
safety zone 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 the details regarding USCG Barque EAGLES's sail through
the various harbors in Maine and in Portsmouth New Hampshire were not
available in time to give the public notice and an opportunity to
comment thus making issuance of an NPRM impractical. Further, a
cancellation or delay of the EAGLE's sail to accommodate a notice and
comment period is contrary to the public's interest in ensuring the
safety of spectators, event safety vessels and other users of the
waterway.
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. In addition to the reasons stated
above, a delay or cancellation of the EAGLE's sail to accommodate 30
days for publication before the rule becomes effective is contrary to
the public interest. Further, immediate action is needed to ensure a
safe, vessel free zone exists around this large sailing vessel as it
transits the various harbors.
Background and Purpose
The EAGLE is a large, steel hull sail training ship that is limited
in its ability to quickly maneuver around smaller vessels. USCGC Barque
Eagle will be making port calls in Rockland Harbor, ME and Portland
Harbor ME as well as a port call in Portsmouth NH as part of the marine
event ``The Tall Ships Visit to Portsmouth Harbor, NH''. This safety
zone is required to protect persons and vessels from the safety hazards
associated with a large sailing vessel's limited maneuverability.
Discussion of Rule
The Coast Guard is establishing a temporary moving safety zone
excluding all vessels within a 100 yard radius of the USCGC Barque
Eagle during the transit to the CG Moorings in Rockland Harbor, ME (44-
069.33N 069-06.09W), as it transits outbound into the main channel in
Penobscot Bay, as it transits inbound to State Pier in Portland Harbor,
ME (43-39.38N 070-14.45W), as it transits outbound Casco Bay to
Portland Head Light, inbound to Main State Pier in Portsmouth, NH (43-
05.03N 070-45.65W) for ``The Tall Ships visit to Portsmouth Harbor''
marine event while the event is in progress, and as it transits
outbound Portsmouth Harbor to the 2KR buoy. This safety zone is needed
to protect spectators, event sponsors' safety vessels, and others in
the maritime community from the safety hazards that may arise from an
event of this type. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port, Sector Northern New England 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.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation is unnecessary. The effect of
this rule will not be significant for the following reasons: The safety
zones will be of limited duration. The events are designed to avoid, as
much as practicable, deep draft, fishing, and recreational boating
traffic routes. Vessels may be authorized to transit the zone with
permission of the Captain of the Port, Sector Northern New England.
Additionally, maritime advisories will be broadcast during the duration
of the enforcement periods.
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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the safety zones. However, this rule will not have a significant
economic impact on a substantial number of small entities due to the
minimal time that vessels will be restricted from the areas, the ample
space available for vessels to maneuver and navigate around the zones,
and advance notifications will be made to the local community by marine
information broadcasts.
[[Page 38920]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 creation of a temporary
safety zone for a limited period of time. An environmental analysis
checklist and a categorical exclusion determination will be 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.
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. 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0685 to read as follows:
Sec. 165.T01-0685 Safety Zone; USCG Barque Eagle transits of Rockland
Harbor, ME, Portland Harbor, ME and Portsmouth Harbor, NH.
(a) Location. The following area is a safety zone: All navigable
waters within 100 yards in all directions of the United States Coast
Guard Barque EAGLE (USCGC EAGLE) during its transit and port calls in
Rockland, ME, Portland, ME and Portsmouth, NH for ``The Tall Ships
Visit to Portsmouth Harbor, NH''.
(b) Enforcement periods:
(1) This rule will be enforced from 8 a.m. on July 24, 2009 to 4
p.m. on July 27, 2009 in Rockland Harbor, ME;
(2) This rule will be enforced from 8 a.m. on July 31, 2009 through
4 p.m. on
[[Page 38921]]
August 3, 2009 in Portland Harbor, ME; and,
(3) This rule will be enforced from 6 a.m. August 7, 2009 through 6
p.m. on August 10, 2009 in Portsmouth, NH.
(c) Regulations:
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone by any person or
vessel are prohibited unless authorized by the Captain of the Port
(COTP), Sector Northern New England or the COTP's designated
representative.
(2) Vessel operators desiring to enter or operate within the safety
zone may contact the COTP or the COTP's designated representative at
telephone number 207-767-0303 or designated representative on VHF
Channel 13 (156.7 MHz) or VHF channel 16 (156.8 MHz) to seek permission
to do so. If permission is granted, all persons and vessels must comply
with the instructions provided by the COTP or the COTP's designated
representative.
(d) Definitions.
(1) 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, or local law
enforcement officer designated by or assisting the Captain of the Port
(COTP).
Dated: July 24, 2009.
B.J. Downey, Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector
Northern New England.
[FR Doc. E9-18631 Filed 8-4-09; 8:45 am]
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