Safety Zone; San Clemente Island, CA, 39584-39589 [E9-18760]
Download as PDF
<![CDATA[
39584
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
airworthiness directive (AD) action by
October 6, 2009.
Affected ADs
(b) This AD supersedes AD 87–14–01 R1,
Amendment 39–6359.
Applicability
(c) This AD applies to Pratt & Whitney
JT8D–7, –7A, –7B, –9, –9A, –11, –15, and –17
turbofan engines, with 2nd stage fan blades,
part number (P/N) 433802, 645902, 759902,
695932, 678102, or 746402, installed. These
engines are installed on, but not limited to,
Boeing 727, 737, and McDonnell Douglas
DC–9 series airplanes.
Unsafe Condition
(d) This AD results from reports of 10
fractures of 2nd stage fan blades since AD
87–14–01R1 became effective. We are issuing
this AD to prevent uncontained failure of 2nd
stage fan blades, which could result in
damage to the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified unless the
actions have already been done.
pwalker on DSK8KYBLC1PROD with PROPOSALS
2nd Stage Fan Blade Inspections
(f) For 2nd stage fan blades, P/N 678102
and P/N 746402, perform an eddy current
inspection (ECI) of the blade pin-root holes
for cracks, and for 2nd stage fan blades,
P/Ns 433802, 645902, 759902, and 695932,
perform an ECI of the blade pin-root holes
and perform an ultrasonic inspection (UI) of
the blade root attachment for cracks, as
follows:
(1) Perform an inspection at the first
disassembly of the 2nd stage fan rotor from
the low-pressure (LP) compressor after
accumulation of 3,000 cycles-in-service (CIS)
since the last inspection of the blade root
attachment, not to exceed 10,000 CIS since
last inspection.
(2) If the 2nd stage fan blades were new at
their last installation onto the 2nd stage fan
disk, inspect at the first disassembly of the
2nd stage fan rotor from the LP compressor
after accumulating 3,000 cycles-since-new
(CSN), not to exceed 10,000 CSN.
(3) Thereafter, inspect the 2nd stage fan
blades at each disassembly of the 2nd stage
fan rotor from the LP compressor after
accumulating 3,000 CIS, not to exceed 10,000
CIS since the last inspection.
(4) Guidance on performing ECIs and UIs
of the 2nd stage fan blade pin-root holes and
blade root attachments can be found in Pratt
& Whitney Maintenance Advisory Notice
MAN–JT8D–1–08.
(5) Remove from service before further
flight any 2nd stage fan blades that are found
cracked.
Optional Terminating Action
(g) For JT8D–9, –9A, –11, –15, and –17
engines, as optional terminating action to the
repetitive inspections required by this AD,
replace the affected 2nd stage fan blades with
redesigned 2nd stage fan blades using Pratt
& Whitney Service Bulletin No. 5866,
Revision 2, dated October 20, 1998.
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
Alternative Methods of Compliance
(h) The Manager, Engine Certification
Office, FAA, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
Related Information
(i) Contact Kevin Dickert, Aerospace
Engineer, Engine Certification Office, FAA,
Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: kevin.dickert@faa.gov;
telephone (781) 238–7117, fax (781) 238–
7199, for more information about this AD.
(j) Contact Pratt & Whitney, 400 Main St.,
East Hartford, CT 06108; telephone (860)
565–8770; fax (860) 565–4503, for a copy of
the service information referenced in this
AD.
Issued in Burlington, Massachusetts, on
August 3, 2009.
Francis A. Favara,
Manager, Engine and Propeller Directorate,
Aircraft Certification Service.
[FR Doc. E9–18941 Filed 8–6–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2009–0277]
RIN 1625–AA00
Safety Zone; San Clemente Island, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes
establishing a safety zone around San
Clemente Island in support of
potentially hazardous military training
and testing exercises. The existing zones
do not sufficiently overlap potential
danger zones and testing areas used by
the Navy during live-fire and ocean
research operations resulting in a delay
or cancellation of these operations. The
proposed safety zone would protect the
public from hazardous, live-fire and
testing operations and ensure operations
proceed as scheduled.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 5, 2009. Requests
for public meetings must be received by
the Coast Guard on or before August 28,
2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0277 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
PO 00000
Frm 00020
Fmt 4702
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Petty Officer Kristen
Beer, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7262, e-mail
Kristen.A.Beer@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
33 CFR Part 165
ACTION:
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Sfmt 4702
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0277),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand deliver, but please use only one of
these means. If you submit a comment
online via https://www.regulations.gov, it
will be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand deliver,
or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
E:\FR\FM\07AUP1.SGM
07AUP1
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0277’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 8c by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0277 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
pwalker on DSK8KYBLC1PROD with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
Regulatory Information
The Coast Guard is proposing to
establish this safety zone to conduct
training essential to successful
accomplishment of U.S. Navy missions
relating to military operations and
national security. Accordingly, this
proposed safety zone falls within the
military function exception to the
Administrative Procedure Act (APA), 5
U.S.C. 553(a)(1). Notice and comment
rulemaking under 5 U.S.C. 553(b) and
an effective date of 30 days after
publication under 5 U.S.C. 553(d) are
not required for this rulemaking.
However, we have determined that it
would be beneficial to accept public
comments on this proposed rule.
Therefore, we will be accepting
comments until November 5, 2009. By
issuing this notice of proposed
rulemaking and accepting public
comments, the Coast Guard does not
waive its ability to claim the military
function exception to notice and
comment rulemaking.
Background and Purpose
As part of the Southern California
Range Complex, San Clemente Island
(SCI) and the surrounding littoral waters
support the training requirements for
the U.S. Pacific Fleet, Fleet Marine
Forces Pacific, Naval Special Warfare
Command, Naval Expeditionary Combat
Command and other military training
and research units. In 1934, Executive
Order 6897 transferred ownership of SCI
from the Department of Commerce to
the Department of the Navy for ‘‘naval
purposes’’. The San Clemente Island
Range Complex (SCIRC) has the
capability to support training in all
warfare areas including Undersea
Warfare, Surface Warfare, Mine Warfare,
Strike Warfare, Air Warfare,
Amphibious Warfare, Command and
Control, and Naval Special Warfare. It is
the only location in the United States
that supports Naval Special Warfare
full-mission training profiles. The Shore
Bombardment Area (SHOBA) is the only
range in the United States where
expeditionary fire support exercises
utilizing ship to shore naval gunfire can
be conducted. SCI’s unique coastal
topography, proximity to the major Fleet
and Marine concentration areas in San
Diego County, supporting infrastructure,
and exclusive Navy ownership make the
island and surrounding waters vitally
important for fleet training, weapon and
electronic systems testing, and research
and development activities.
The proposed safety zone is necessary
to protect the public from hazardous,
live-fire and testing operations and
ensure operations proceed as scheduled.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
39585
Discussion of Proposed Rule
The Coast Guard proposes to establish
a permanent safety zone around San
Clemente Island for use by the U.S.
Navy. The segmented safety zone would
extend from the high tide line seaward
3 NM. The zone would be broken down
into the following sections:
(a) Section A
Beginning at 33°02.05′ N, 118°35.85′
W; thence to 33°04.93′ N, 118°37.07′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 33°02.82′ N,
118°30.65′ W; thence to 33°17.28′ N,
118°33.88′ W; thence along the
shoreline returning to 33°02.05′ N,
118°35.85′ W.
(b) Section B
Beginning at 32°57.30′ N, 118°30.88′
W; thence to 32°59.60′ N, 118°28.33′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°55.83′ N,
118°24.22′ W; thence to 32°53.53′ N,
118°26.52′ W; thence along the
shoreline returning to 32°57.30′ N,
118°30.88′ W.
(c) Section C
Beginning at 32°53.53′ N, 118°26.52′
W; thence to 32°55.83′ N, 118°24.22′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°47.27′ N,
118°18.23′ W; thence to 32°49.10′ N,
118°21.05′ W; thence along the
shoreline returning to 32°53.53′ N,
118°26.52′ W.
(d) Section D
Beginning at 32°49.10′ N, 118°21.05′
W; thence to 32°47.27′ N, 118°18.23′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°48.38′ N,
118°31.69′ W; thence to 32°50.70′ N,
118°29.37′ W; thence along the
shoreline returning to 32°49.10′ N,
118°21.05′ W.
(e) Section E
Beginning at 32°50.70′ N, 118°29.37′
W; thence to 32°48.05′ N, 118°31.68′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°53.62′ N,
118°35.93′ W; thence to 32°56.13′ N,
118°32.95′ W; thence along the
shoreline returning to 32°50.70′ N,
118°29.37′ W.
(f) Section F
Beginning at 32°56.13′ N, 118°32.95′
W; thence to 32°53.62′ N, 118°35.93′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
E:\FR\FM\07AUP1.SGM
07AUP1
39586
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
from the high tide line to 32°59.95′ N,
118°39.77′ W; thence to 33°01.08′ N,
118°36.33′ W; thence along the
shoreline returning to 32°56.13′ N,
118°32.95′ W.
Regulatory Planning and Review
pwalker on DSK8KYBLC1PROD with PROPOSALS
(g) Section G
Beginning at 33°01.08′ N, 118°36.333′
W; thence to 32°59.95′ N, 118°39.77′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 33°04.93′ N,
118°37.07′ W; thence to 33°02.05′ N,
118°35.85′ W; thence along the
shoreline returning to 33°01.08′ N,
118°36.33′ W.
(h) Wilson Cove
Beginning at 33°01.28′ N, 118°33.88′
W; thence to 33°02.82′ N, 118°30.65′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°59.60′ N,
118°28.33′ W; thence to 32°57.30′ N,
118°30.88′ W; thence along the
shoreline returning to 33°01.28′ N,
118°33.88′ W.
All of the sections above would be
continually enforced as a safety zone,
thereby restricting public use of these
offshore waters. Mariners desiring to
transit through Section G or the Wilson
Cove section would be required to
request authorization to do so from the
Fleet Area Control and Surveillance
Facility (FACSFAC) San Diego. In the
final rule, the Navy will provide a call
sign to be used by mariners to request
transfer to the appropriate FACSFAC
point of contact for authorizing safe
transit through these safety zone
sections.
Mariners who wish to transit through
any of the other six sections (A, B, C, D,
E, and/or F) would also be required to
request permission from FACSFAC San
Diego, using the same procedure
described above, except during periods
when the Navy is not conducting
potentially hazardous military training
or testing activity. Mariners would be
able to transit some or all of these
sections without obtaining prior
authorization from FACSFAC San Diego
only when the Coast Guard notifies the
public that enforcement of the zone in
specified sections is temporarily
suspended. Notice of suspended
enforcement would be provided through
broadcast notice to mariners and
publication in the local notice to
mariners; and the schedule of restricted
access periods by date, location and
duration would continue to be posted at
https://www.scisland.org.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
This proposed 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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the fact
that the majority of the proposed safety
zone will be open a significant portion
of the time.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of the Pacific
Ocean around San Clemente Island.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Except for
Section G and Wilson Cove, which will
be continually enforced, the safety zone
would be activated, and thus subject to
enforcement, only during naval training
and testing exercises. During periods
when portions of the safety zone are
enforced in sections A through F, vessel
traffic could pass safely around the
safety zone. When the safety zone is not
enforced, vessel traffic would be
allowed to use the offshore waters for
commercial and recreational activities.
Permission for safe vessel transit
through the permanently restricted
safety zones designated Section G and
Wilson Cove may be requested of the
Fleet Area Control and Surveillance
Facility, San Diego.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its possible
effects, if any, on them and participate
in the rulemaking. If the rule would
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please contact Petty Officer Kristen Beer
(see ADDRESSES). The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
E:\FR\FM\07AUP1.SGM
07AUP1
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
pwalker on DSK8KYBLC1PROD with PROPOSALS
Energy Effects
We have analyzed this proposed 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
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone
under figure 2–1, paragraph (34)(g), of
the Instruction. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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 proposes to
amend 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 a new § 165.1141:
§ 165.1141 Safety Zone; San Clemente
Island, CA.
(a) Location. The following area is a
safety zone: All waters of the Pacific
Ocean surrounding San Clemente
Island, from surface to bottom,
extending from the high tide line on the
island seaward 3 NM. The zone consists
of the following sections (see Figure 1):
(1) Section A
Beginning at 33°02.05′ N, 118°35.85′
W; thence to 33°04.93′ N, 118°37.07′ W;
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
39587
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 33°02.82′ N,
118°30.65′ W; thence to 33°17.28′ N,
118°33.88′ W; thence along the
shoreline returning to 33°02.05′ N,
118°35.85′ W.
(2) Section B
Beginning at 32°57.30′ N, 118°30.88′
W; thence to 32°59.60′ N, 118°28.33′ W;
thence running parallel to the shore at
a distance of approximately 3 NM from
the high tide line to 32°55.83′ N,
118°24.22′ W; thence to 32°53.53′ N,
118°26.52′ W; thence along the
shoreline returning to 32°57.30′ N,
118°30.88′ W.
(3) Section C
Beginning at 32°53.53′ N, 118°26.52′
W; thence to 32°55.83′ N, 118°24.22′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°47.27′ N,
118°18.23′ W; thence to 32°49.10′ N,
118°21.05′ W; thence along the
shoreline returning to 32°53.53′ N,
118°26.52′ W.
(4) Section D
Beginning at 32°49.10′ N, 118°21.05′
W; thence to 32°47.27′ N, 118°18.23′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°48.38′ N,
118°31.69′ W; thence to 32°50.70′ N,
118°29.37′ W; thence along the
shoreline returning to 32°49.10′ N,
118°21.05′ W.
(5) Section E
Beginning at 32°50.70′ N, 118°29.37′
W; thence to 32°48.05′ N, 118°31.68′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°53.62′ N,
118°35.93′ W; thence to 32°56.13′ N,
118°32.95′ W; thence along the
shoreline returning to 32°50.70′ N,
118°29.37′ W.
(6) Section F
Beginning at 32°56.13′ N, 118°32.95′
W; thence to 32°53.62′ N, 118°35.93′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°59.95′ N,
118°39.77′ W; thence to 33°01.08′ N,
118°36.33′ W; thence along the
shoreline returning to 32°56.13′ N,
118°32.95′ W.
(7) Section G
Beginning at 33°01.08′ N, 118°36.333′
W; thence to 32°59.95′ N, 118°39.77′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 33°04.93′ N,
E:\FR\FM\07AUP1.SGM
07AUP1
39588
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
(8) Wilson Cove
Beginning at 33°01.28′ N, 118°33.88′
W; thence to 33°02.82′ N, 118°30.65′ W;
thence running parallel to the shoreline
at a distance of approximately 3 NM
from the high tide line to 32°59.60′ N,
118°28.33′ W; thence to 32°57.30′ N,
118°30.88′ W; thence along the
shoreline returning to 33°01.28′ N,
118°33.88′ W.
(b) 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.
(c) Enforcement. (1) This regulation
will be enforced at all times in Section
G and the Wilson Cove section of the
safety zone described in paragraph (a).
Mariners must obtain permission in
accordance with the procedure
described in paragraph (d)(2) before
entering either of those sections.
(2) This regulation will be enforced in
Sections A through F of the safety zone
described in paragraph (a) except when
the Coast Guard notifies the public that
enforcement of the zone in specified
sections is temporarily suspended.
Mariners need not obtain permission in
accordance with the procedure
described in paragraph (d)(2) to enter a
zone section in which enforcement is
temporarily suspended. At all other
times, mariners must obtain permission
in accordance with the procedure
described in paragraph (d)(2) before
entering any of those sections.
(3) The COTP will provide notice of
suspended enforcement by means
appropriate to effect the widest
publicity, including broadcast notice to
mariners, publication in the local notice
to mariners, and posting the schedule of
restricted access periods by date,
location and duration at https://
www.scisland.org.
(d) Regulations. (1) The general
regulations governing safety zones
found in 33 CFR 165.23 apply to the
safety zone described in paragraph (a) of
this section.
(2) Mariners requesting permission to
transit through any section of the zone
may request authorization to do so from
the Fleet Area Control and Surveillance
Facility (FACSFAC) San Diego by either
calling (619) 545–4742 or establishing a
VHF bridge-to-bridge radio connection
on Channel 16. Immediately upon
completing transit, the vessel operator
must promptly notify FACSFAC of safe
passage through the safety zone. Failure
to expeditiously notify FACSFAC of
passage through the safety zone will
result in a determination by the Navy
that the vessel is still in the safety zone,
thereby restricting the use of the area for
naval operations. If the Navy determines
that facilitating safe transit through the
zone negatively impacts range
operations, the Navy will cease this
practice and enforce the safety zone
without exception.
(3) All persons and vessels must
comply with the instructions of the U.S.
Navy, Coast Guard Captain of the Port
or the designated representative.
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
E:\FR\FM\07AUP1.SGM
07AUP1
EP07AU09.066</GPH>
pwalker on DSK8KYBLC1PROD with PROPOSALS
118°37.07′ W; thence to 33°02.05′ N,
118°35.85′ W; thence along the
shoreline returning to 33°01.08′ N,
118°36.33′ W.
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
(4) Upon being hailed by U.S. Navy or
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 U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone described in
paragraph (a) of this section by the U.S.
Navy and local law enforcement
agencies.
Dated: June 15, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–18760 Filed 8–6–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AN14
Deceased Indebted Servicemembers
and Veterans: Authority Concerning
Certain Indebtedness
Department of Veterans Affairs.
Proposed rule.
AGENCY:
pwalker on DSK8KYBLC1PROD with PROPOSALS
ACTION:
SUMMARY: This document proposes to
amend Department of Veterans Affairs
(VA) regulations to implement certain
provisions of the Combat Veterans Debt
Elimination Act of 2008 and of the
Veterans’ Benefits Improvement Act of
2008. The proposed rule would
implement the first statute’s provisions
granting limited authority to the
Secretary of Veterans Affairs (Secretary)
to terminate collection action on certain
debts arising from a VA benefit program
when the indebted individual is a
member of the Armed Forces or a
veteran who dies as a result of injury
incurred or aggravated in the line of
duty while serving in a theater of
combat operations in a war or in combat
against a hostile force during a period of
hostilities after September 11, 2001, and
to refund amounts collected after the
individual’s death. The proposed rule
would also implement the second
statute’s provisions that similarly grants
the Secretary discretionary authority to
suspend or terminate collection of debts
owed to VA by individuals who died
while serving on active duty as a
member of the Army, Navy, Air Force,
Marine Corps, or Coast Guard during a
period when the Coast Guard is
operating as a service in the Navy, and
to refund amounts collected after the
individual’s death.
DATES: Comments must be received on
or before October 6, 2009.
VerDate Nov<24>2008
16:10 Aug 06, 2009
Jkt 217001
Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN14 Deceased Indebted
Servicemembers and Veterans.’’ Copies
of comments received will be available
for public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 (this is not a toll-free
number) for an appointment. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Peter Mulhern, Office of Financial
Policy (047G), Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. Telephone:
(202) 461–6487 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Prior to
the enactment of section 1303 of the
Combat Veterans Debt Elimination Act
of 2008 (Pub. L. 110–252) and section
801 of the Veterans’ Benefits
Improvement Act of 2008 (Pub. L. 110–
389), VA could terminate collection of
an indebtedness owed by a deceased
servicemember or veteran only after
determining that the servicemember or
veteran left no estate or an insufficient
estate from which to collect the debt.
VA would contact the decedent’s family
or next-of-kin regarding collection of the
debt to obtain information needed to
make a decision on terminating
collection. No matter how
compassionate the language of the
demand for repayment, VA’s attempt to
collect a debt at such time and under
such circumstances has a huge
emotional impact on the decedent’s
family. The Government’s attempt to
collect such a debt in these cases is
often viewed as a callous action, which
demonstrates a complete disregard and
lack of gratitude for the servicemember’s
sacrifice, and insensitivity to the
family’s loss of their loved one.
Section 1303 of Public Law 110–252
amends chapter 53 of title 38, United
States Code, to add a new section (38
U.S.C. 5302A) granting limited authority
to the Secretary to terminate collection
action on certain debts arising from an
individual’s indebtedness from a VA
ADDRESSES:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
39589
benefit program. The individual must be
a member of the Armed Forces or a
veteran who dies as a result of injury
incurred or aggravated in the line of
duty while serving in a theater of
combat operations, as determined by the
Secretary in consultation with the
Secretary of Defense, in a war or in
combat against a hostile force during a
period of hostilities after September 11,
2001. This authority may be exercised
in the Secretary’s discretion when
determined to be in the best interest of
the United States. This authority does
not apply to any amounts owed the
United States under any program
carried out under the authority of 38
U.S.C. chapter 37 relating to housing
and small business loans. This
legislation eliminates the need to
contact family members and avoids
further hardship on them. Instead, it
demonstrates appreciation for the
decedent’s sacrifice on behalf of a
grateful Nation.
Section 1303 of Public Law 110–252
also states that in any case where all or
any part of a debt of a covered
individual, as described in 38 U.S.C.
5302A(a), was collected after September
11, 2001, but before the date of Public
Law 110–252, enacted on June 30, 2008,
the Secretary may refund the amount
collected if, in the Secretary’s
determination, collection of the
indebtedness would have been
terminated had section 5302A been in
effect at the time and the individual is
equitably entitled to such a refund.
Noting the problems associated with
contacting grieving survivors for
purposes of collecting the debts owed to
VA described above, see S. Rep. No.
110–449, at 43–44 (2008) (discussing the
predecessor bill), Congress enacted
section 801 of Public Law 110–389,
which amended 31 U.S.C. 3711(f) and
granted limited authority to the
Secretary to suspend or terminate action
to collect a claim against the estate of a
person who died while serving on active
duty as a member of the Army, Navy,
Air Force, Marine Corps, or Coast Guard
during a period when the Coast Guard
is operating as a service in the Navy.
The Secretary must determine that,
under circumstances applicable with
respect to the deceased person, it is
appropriate to do so. Section 801 of
Public Law 110–389 also grants the
Secretary the authority to refund to the
estate of the deceased member any
amount collected by the Secretary from
a member who died while serving on
active duty as a member of the Armed
Forces if the Secretary determines that,
under the circumstances applicable
with respect to the deceased person, it
is appropriate to do so, whether
E:\FR\FM\07AUP1.SGM
07AUP1
]]>Agencies
[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Proposed Rules]
[Pages 39584-39589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18760]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0277]
RIN 1625-AA00
Safety Zone; San Clemente Island, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a safety zone around San
Clemente Island in support of potentially hazardous military training
and testing exercises. The existing zones do not sufficiently overlap
potential danger zones and testing areas used by the Navy during live-
fire and ocean research operations resulting in a delay or cancellation
of these operations. The proposed safety zone would protect the public
from hazardous, live-fire and testing operations and ensure operations
proceed as scheduled.
DATES: Comments and related material must be received by the Coast
Guard on or before November 5, 2009. Requests for public meetings must
be received by the Coast Guard on or before August 28, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0277 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Kristen Beer, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7262,
e-mail Kristen.A.Beer@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0277), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
deliver, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can
[[Page 39585]]
contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0277'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0277 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Regulatory Information
The Coast Guard is proposing to establish this safety zone to
conduct training essential to successful accomplishment of U.S. Navy
missions relating to military operations and national security.
Accordingly, this proposed safety zone falls within the military
function exception to the Administrative Procedure Act (APA), 5 U.S.C.
553(a)(1). Notice and comment rulemaking under 5 U.S.C. 553(b) and an
effective date of 30 days after publication under 5 U.S.C. 553(d) are
not required for this rulemaking.
However, we have determined that it would be beneficial to accept
public comments on this proposed rule. Therefore, we will be accepting
comments until November 5, 2009. By issuing this notice of proposed
rulemaking and accepting public comments, the Coast Guard does not
waive its ability to claim the military function exception to notice
and comment rulemaking.
Background and Purpose
As part of the Southern California Range Complex, San Clemente
Island (SCI) and the surrounding littoral waters support the training
requirements for the U.S. Pacific Fleet, Fleet Marine Forces Pacific,
Naval Special Warfare Command, Naval Expeditionary Combat Command and
other military training and research units. In 1934, Executive Order
6897 transferred ownership of SCI from the Department of Commerce to
the Department of the Navy for ``naval purposes''. The San Clemente
Island Range Complex (SCIRC) has the capability to support training in
all warfare areas including Undersea Warfare, Surface Warfare, Mine
Warfare, Strike Warfare, Air Warfare, Amphibious Warfare, Command and
Control, and Naval Special Warfare. It is the only location in the
United States that supports Naval Special Warfare full-mission training
profiles. The Shore Bombardment Area (SHOBA) is the only range in the
United States where expeditionary fire support exercises utilizing ship
to shore naval gunfire can be conducted. SCI's unique coastal
topography, proximity to the major Fleet and Marine concentration areas
in San Diego County, supporting infrastructure, and exclusive Navy
ownership make the island and surrounding waters vitally important for
fleet training, weapon and electronic systems testing, and research and
development activities.
The proposed safety zone is necessary to protect the public from
hazardous, live-fire and testing operations and ensure operations
proceed as scheduled.
Discussion of Proposed Rule
The Coast Guard proposes to establish a permanent safety zone
around San Clemente Island for use by the U.S. Navy. The segmented
safety zone would extend from the high tide line seaward 3 NM. The zone
would be broken down into the following sections:
(a) Section A
Beginning at 33[deg]02.05[min] N, 118[deg]35.85[min] W; thence to
33[deg]04.93[min] N, 118[deg]37.07[min] W; thence running parallel to
the shore at a distance of approximately 3 NM from the high tide line
to 33[deg]02.82[min] N, 118[deg]30.65[min] W; thence to
33[deg]17.28[min] N, 118[deg]33.88[min] W; thence along the shoreline
returning to 33[deg]02.05[min] N, 118[deg]35.85[min] W.
(b) Section B
Beginning at 32[deg]57.30[min] N, 118[deg]30.88[min] W; thence to
32[deg]59.60[min] N, 118[deg]28.33[min] W; thence running parallel to
the shore at a distance of approximately 3 NM from the high tide line
to 32[deg]55.83[min] N, 118[deg]24.22[min] W; thence to
32[deg]53.53[min] N, 118[deg]26.52[min] W; thence along the shoreline
returning to 32[deg]57.30[min] N, 118[deg]30.88[min] W.
(c) Section C
Beginning at 32[deg]53.53[min] N, 118[deg]26.52[min] W; thence to
32[deg]55.83[min] N, 118[deg]24.22[min] W; thence running parallel to
the shoreline at a distance of approximately 3 NM from the high tide
line to 32[deg]47.27[min] N, 118[deg]18.23[min] W; thence to
32[deg]49.10[min] N, 118[deg]21.05[min] W; thence along the shoreline
returning to 32[deg]53.53[min] N, 118[deg]26.52[min] W.
(d) Section D
Beginning at 32[deg]49.10[min] N, 118[deg]21.05[min] W; thence to
32[deg]47.27[min] N, 118[deg]18.23[min] W; thence running parallel to
the shoreline at a distance of approximately 3 NM from the high tide
line to 32[deg]48.38[min] N, 118[deg]31.69[min] W; thence to
32[deg]50.70[min] N, 118[deg]29.37[min] W; thence along the shoreline
returning to 32[deg]49.10[min] N, 118[deg]21.05[min] W.
(e) Section E
Beginning at 32[deg]50.70' N, 118[deg]29.37' W; thence to
32[deg]48.05' N, 118[deg]31.68' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]53.62' N, 118[deg]35.93' W; thence to 32[deg]56.13' N,
118[deg]32.95' W; thence along the shoreline returning to 32[deg]50.70'
N, 118[deg]29.37' W.
(f) Section F
Beginning at 32[deg]56.13' N, 118[deg]32.95' W; thence to
32[deg]53.62' N, 118[deg]35.93' W; thence running parallel to the
shoreline at a distance of approximately 3 NM
[[Page 39586]]
from the high tide line to 32[deg]59.95' N, 118[deg]39.77' W; thence to
33[deg]01.08' N, 118[deg]36.33' W; thence along the shoreline returning
to 32[deg]56.13' N, 118[deg]32.95' W.
(g) Section G
Beginning at 33[deg]01.08' N, 118[deg]36.333' W; thence to
32[deg]59.95' N, 118[deg]39.77' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 33[deg]04.93' N, 118[deg]37.07' W; thence to 33[deg]02.05' N,
118[deg]35.85' W; thence along the shoreline returning to 33[deg]01.08'
N, 118[deg]36.33' W.
(h) Wilson Cove
Beginning at 33[deg]01.28' N, 118[deg]33.88' W; thence to
33[deg]02.82' N, 118[deg]30.65' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]59.60' N, 118[deg]28.33' W; thence to 32[deg]57.30' N,
118[deg]30.88' W; thence along the shoreline returning to 33[deg]01.28'
N, 118[deg]33.88' W.
All of the sections above would be continually enforced as a safety
zone, thereby restricting public use of these offshore waters. Mariners
desiring to transit through Section G or the Wilson Cove section would
be required to request authorization to do so from the Fleet Area
Control and Surveillance Facility (FACSFAC) San Diego. In the final
rule, the Navy will provide a call sign to be used by mariners to
request transfer to the appropriate FACSFAC point of contact for
authorizing safe transit through these safety zone sections.
Mariners who wish to transit through any of the other six sections
(A, B, C, D, E, and/or F) would also be required to request permission
from FACSFAC San Diego, using the same procedure described above,
except during periods when the Navy is not conducting potentially
hazardous military training or testing activity. Mariners would be able
to transit some or all of these sections without obtaining prior
authorization from FACSFAC San Diego only when the Coast Guard notifies
the public that enforcement of the zone in specified sections is
temporarily suspended. Notice of suspended enforcement would be
provided through broadcast notice to mariners and publication in the
local notice to mariners; and the schedule of restricted access periods
by date, location and duration would continue to be posted at https://www.scisland.org.
Regulatory Analyses
We developed this proposed 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 proposed 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 rule to be so minimal that a full Regulatory Evaluation
is unnecessary. This determination is based on the fact that the
majority of the proposed safety zone will be open a significant portion
of the time.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Pacific Ocean around
San Clemente Island.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. Except
for Section G and Wilson Cove, which will be continually enforced, the
safety zone would be activated, and thus subject to enforcement, only
during naval training and testing exercises. During periods when
portions of the safety zone are enforced in sections A through F,
vessel traffic could pass safely around the safety zone. When the
safety zone is not enforced, vessel traffic would be allowed to use the
offshore waters for commercial and recreational activities. Permission
for safe vessel transit through the permanently restricted safety zones
designated Section G and Wilson Cove may be requested of the Fleet Area
Control and Surveillance Facility, San Diego.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its possible effects, if any, on them and participate in the
rulemaking. If the rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Petty Officer
Kristen Beer (see ADDRESSES). The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with
[[Page 39587]]
Constitutionally Protected Property Rights.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a safety zone under figure 2-1, paragraph
(34)(g), of the Instruction. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
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 proposes
to amend 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 a new Sec. 165.1141:
Sec. 165.1141 Safety Zone; San Clemente Island, CA.
(a) Location. The following area is a safety zone: All waters of
the Pacific Ocean surrounding San Clemente Island, from surface to
bottom, extending from the high tide line on the island seaward 3 NM.
The zone consists of the following sections (see Figure 1):
(1) Section A
Beginning at 33[deg]02.05' N, 118[deg]35.85' W; thence to
33[deg]04.93' N, 118[deg]37.07' W; thence running parallel to the shore
at a distance of approximately 3 NM from the high tide line to
33[deg]02.82' N, 118[deg]30.65' W; thence to 33[deg]17.28' N,
118[deg]33.88' W; thence along the shoreline returning to 33[deg]02.05'
N, 118[deg]35.85' W.
(2) Section B
Beginning at 32[deg]57.30' N, 118[deg]30.88' W; thence to
32[deg]59.60' N, 118[deg]28.33' W; thence running parallel to the shore
at a distance of approximately 3 NM from the high tide line to
32[deg]55.83' N, 118[deg]24.22' W; thence to 32[deg]53.53' N,
118[deg]26.52' W; thence along the shoreline returning to 32[deg]57.30'
N, 118[deg]30.88' W.
(3) Section C
Beginning at 32[deg]53.53' N, 118[deg]26.52' W; thence to
32[deg]55.83' N, 118[deg]24.22' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]47.27' N, 118[deg]18.23' W; thence to 32[deg]49.10' N,
118[deg]21.05' W; thence along the shoreline returning to 32[deg]53.53'
N, 118[deg]26.52' W.
(4) Section D
Beginning at 32[deg]49.10' N, 118[deg]21.05' W; thence to
32[deg]47.27' N, 118[deg]18.23' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]48.38' N, 118[deg]31.69' W; thence to 32[deg]50.70' N,
118[deg]29.37' W; thence along the shoreline returning to 32[deg]49.10'
N, 118[deg]21.05' W.
(5) Section E
Beginning at 32[deg]50.70' N, 118[deg]29.37' W; thence to
32[deg]48.05' N, 118[deg]31.68' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]53.62' N, 118[deg]35.93' W; thence to 32[deg]56.13' N,
118[deg]32.95' W; thence along the shoreline returning to 32[deg]50.70'
N, 118[deg]29.37' W.
(6) Section F
Beginning at 32[deg]56.13' N, 118[deg]32.95' W; thence to
32[deg]53.62' N, 118[deg]35.93' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]59.95' N, 118[deg]39.77' W; thence to 33[deg]01.08' N,
118[deg]36.33' W; thence along the shoreline returning to 32[deg]56.13'
N, 118[deg]32.95' W.
(7) Section G
Beginning at 33[deg]01.08' N, 118[deg]36.333' W; thence to
32[deg]59.95' N, 118[deg]39.77' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 33[deg]04.93' N,
[[Page 39588]]
118[deg]37.07' W; thence to 33[deg]02.05' N, 118[deg]35.85' W; thence
along the shoreline returning to 33[deg]01.08' N, 118[deg]36.33' W.
(8) Wilson Cove
Beginning at 33[deg]01.28' N, 118[deg]33.88' W; thence to
33[deg]02.82' N, 118[deg]30.65' W; thence running parallel to the
shoreline at a distance of approximately 3 NM from the high tide line
to 32[deg]59.60' N, 118[deg]28.33' W; thence to 32[deg]57.30' N,
118[deg]30.88' W; thence along the shoreline returning to 33[deg]01.28'
N, 118[deg]33.88' W.
[GRAPHIC] [TIFF OMITTED] TP07AU09.066
(b) 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.
(c) Enforcement. (1) This regulation will be enforced at all times
in Section G and the Wilson Cove section of the safety zone described
in paragraph (a). Mariners must obtain permission in accordance with
the procedure described in paragraph (d)(2) before entering either of
those sections.
(2) This regulation will be enforced in Sections A through F of the
safety zone described in paragraph (a) except when the Coast Guard
notifies the public that enforcement of the zone in specified sections
is temporarily suspended. Mariners need not obtain permission in
accordance with the procedure described in paragraph (d)(2) to enter a
zone section in which enforcement is temporarily suspended. At all
other times, mariners must obtain permission in accordance with the
procedure described in paragraph (d)(2) before entering any of those
sections.
(3) The COTP will provide notice of suspended enforcement by means
appropriate to effect the widest publicity, including broadcast notice
to mariners, publication in the local notice to mariners, and posting
the schedule of restricted access periods by date, location and
duration at https://www.scisland.org.
(d) Regulations. (1) The general regulations governing safety zones
found in 33 CFR 165.23 apply to the safety zone described in paragraph
(a) of this section.
(2) Mariners requesting permission to transit through any section
of the zone may request authorization to do so from the Fleet Area
Control and Surveillance Facility (FACSFAC) San Diego by either calling
(619) 545-4742 or establishing a VHF bridge-to-bridge radio connection
on Channel 16. Immediately upon completing transit, the vessel operator
must promptly notify FACSFAC of safe passage through the safety zone.
Failure to expeditiously notify FACSFAC of passage through the safety
zone will result in a determination by the Navy that the vessel is
still in the safety zone, thereby restricting the use of the area for
naval operations. If the Navy determines that facilitating safe transit
through the zone negatively impacts range operations, the Navy will
cease this practice and enforce the safety zone without exception.
(3) All persons and vessels must comply with the instructions of
the U.S. Navy, Coast Guard Captain of the Port or the designated
representative.
[[Page 39589]]
(4) Upon being hailed by U.S. Navy or 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 U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone described in paragraph (a) of this
section by the U.S. Navy and local law enforcement agencies.
Dated: June 15, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-18760 Filed 8-6-09; 8:45 am]
BILLING CODE 4910-15-P
