Security Zone; Naval Base Point Loma; San Diego Bay, San Diego, CA, 50706-50708 [E9-23642]
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50706
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0877]
Drawbridge Operation Regulation;
Cerritos Channel, Long Beach, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the
Commodore Schuyler F. Heim
drawbridge across Cerritos Channel,
mile 4.9, at Long Beach, CA. The
deviation is necessary to allow film
industry use of the drawbridge. This
deviation allows the bridge to remain
secured at various elevations including
the closed-to-navigation position during
the filming operation.
DATES: This deviation is effective from
12 midnight October 1, 2009 through 5
a.m. on October 5, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0877 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0877 in the ‘‘Keyword’’
box and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, e-mail
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: Caltrans
requested a temporary change to the
operation of the Commodore Schuyler
F. Heim highway bridge, mile 4.9 at
Long Beach, CA. The drawbridge
navigation span provides a vertical
clearance of 37 feet above Mean High
Water in the closed-to-navigation
position and 163 feet in the full open to
navigation position. Under the
governing drawbridge regulation, 33
CFR 117.147, the draw of the
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Commodore Schuyler F. Heim highway
bridge, mile 4.9 at Long Beach, shall
open on signal; except that, from 6:30
a.m. to 8 a.m. and 3:30 p.m. to 6 p.m.
Monday through Friday except Federal
holidays, the draw need not be opened
for the passage of vessels. The opening
signal for the Commodore Schuyler
Heim Bridge is three prolonged blasts.
The acknowledging signal is two
prolonged blasts followed by one short
blast when the draw will open
immediately and five short blasts when
the draw will not open immediately.
VHF–FM Channel 13 (156.65 MHZ) or
other assigned frequencies may be used.
Navigation on the waterway is
commercial, recreational, search and
rescue, and law enforcement.
The drawspan will be secured at
various elevations including the closedto-navigation position from 7 p.m. on
September 18, 2009 through 5 a.m. on
October 5, 2009, to allow film industry
use of the drawbridge. The alternative
path around Terminal Island will be
available for routine and emergency
navigation. This temporary deviation
has been coordinated with commercial
and recreational waterway users. No
objections to the proposed temporary
deviation were raised.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, should contact the Coast
Guard Captain of the Port LA/LB, for
information on waterway closures.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: September 18, 2009.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. E9–23643 Filed 9–30–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–1016]
RIN 1625–AA87
Security Zone; Naval Base Point Loma;
San Diego Bay, San Diego, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is expanding
a naval security zone. The expanded
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zone will encompass a nearby, separate
security zone in its entirety. The
subsumed security zone will be
removed from the regulations. This
action also includes the installation of
water barriers within the expanded
security zone. These water borne
barriers will provide a line of
demarcation and a defensive measure as
a safeguard from destruction, loss, or
injury from sabotage or other subversive
acts, accidents, or other causes of a
similar nature. No persons or vessel may
enter or remain in the security zone
without permission of the Captain of the
Port, the Commander of Naval Base
Point Loma, the Commander of Naval
Region Southwest, or a designated
representative of those individuals.
DATES: This rule is effective November
2, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–1016 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2008–1016 in the ‘‘keyword’’ box, and
then clicking ‘‘search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Lieutenant Commander Mike
Dolan, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7261, e-mail
Michael.B.Dolan@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 11, 2009, we published
a notice of proposed rulemaking
(NPRM) entitled Security Zone; Naval
Base Point Loma; San Diego Bay, San
Diego, CA in the Federal Register (74
FR 6842). We received no comments on
the proposed rule. There were no
requests for a public meeting, therefore
no meeting was held.
Background and Purpose
The U.S. Navy requested an
expansion of an existing security zone.
The new zone will allow for installation
of water barriers to provide a line of
demarcation and defensive measures as
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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations
a safeguard from destruction, loss, or
injury from sabotage or other subversive
acts, accidents, or other causes of
similar nature. The expanded security
zone will entirely subsume a nearby
existing security zone, which will be
removed.
Discussion of Comments and Changes
It was determined that Point B
(32°42.48′ N, 117°14.17′ W) and Point C
(32°42.17′ N, 117°14.00′ W) were plotted
in the channel to the south entrance of
Shelter Island. These points were
brought out of the channel and the new
coordinates are 32°42.48′ N, 117°14.22′
W (Point B) and 32°42.17′ N, 117°14.05′
W (Point C).
Point H (32°41.04′ N, 117°14.14′ W)
was relocated to 32°41.17′ N, 117°13.97′
W. The original point caused the
security zone to run along the shoreline
and was deemed unnecessary.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This determination is based on the
size and location of the security zone.
Vessels do not routinely operate for
commercial purposes within the area
encompassed by the security zone
expansion, which is currently within a
charted restricted area (33 CFR 334.870).
Recreational vessels will not be allowed
to transit through the established
security zone.
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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
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50707
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of the San Diego Bay.
This security zone will not have a
significant economic impact on a
substantial number of small entities
because vessel traffic can pass safely
around the security zone.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Civil Justice Reform
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.
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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.
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
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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations
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 023–1 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. This rule
involves changing and disestablishing a
security 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;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Revise § 165.1102 to read as
follows:
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■
§ 165.1102 Security Zone; Naval Base
Point Loma; San Diego Bay, San Diego, CA.
(a) Location. The following area is a
security zone: The water adjacent to the
Naval Base Point Loma, San Diego, CA,
enclosed by the following coordinates:
32°42.48′ N, 117°14.22′ W (Point A);
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17:06 Sep 30, 2009
Jkt 217001
32°42.48′ N, 117°14.21′ W (Point B);
32°42.17′ N, 117°14.05′ W (Point C);
32°41.73′ N, 117°14.21′ W (Point D);
32°41.53′ N, 117°14.23′ W (Point E);
32°41.55′ N, 117°14.02′ W (Point F);
32°41.17′ N, 117°13.95′ W (Point G);
32°41.17′ N, 117°13.97′ W (Point H);
thence running generally north along
the shoreline to Point A.
(b) Regulations. (1) The general
regulations governing security zones
found in 33 CFR 165.33 apply to the
security zone described in paragraph (a)
of this section.
(2) Entry into, or remaining in, the
area of this zone is prohibited unless
authorized by the Captain of the Port
San Diego; Commanding Officer, Naval
Base Point Loma; or Commander, Navy
Region Southwest.
(3) Persons desiring to transit the area
of the security zone may request
permission from the Captain of the Port
San Diego at telephone number (619)
278–7033 or on VHF channel 16 (156.8
MHz) or from either the Commanding
Officer, Naval Base Point Loma or the
Commander, Navy Region Southwest by
calling the Navy Port Operation
Dispatch at telephone number (619)
556–1433 or on VHF–FM channels 16 or
12. If permission is granted, all persons
and vessels must comply with the
instructions of the Captain of the Port
San Diego or his or her designated
representative.
(c) Definitions. For purposes of this
section: Captain of the Port San Diego,
means the Commanding Officer of the
Coast Guard Sector San Diego;
Commander, Navy Region Southwest,
means Navy Region Commander
responsible for the Southwest Region;
Commanding Officer, Naval Base Point
Loma, means the Installation
Commander of the naval base located on
Point Loma, San Diego, California;
Designated Representative, means any
U.S. Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port
San Diego to assist in the enforcement
of the security zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the security zone
described in paragraph (a) of this
section by the U.S. Navy and local law
enforcement agencies.
■ 3. Remove § 165.1103.
Dated: May 1, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–23642 Filed 9–30–09; 8:45 am]
BILLING CODE 4910–15–P
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–40 and CP2009–61;
Order No. 295]
New Postal Product
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is adding
Parcel Select & Parcel Return Service
Contract 2 to the Competitive Product
List. This action is consistent with
changes in a recent law governing postal
operations. Republication of the lists of
market dominant and competitive
products is also consistent with new
requirements in the law.
DATES: Effective October 1, 2009 and is
applicable beginning September 4, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
Regulatory History, 74 FR 44881
(August 31, 2009).
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new
product identified as Parcel Select &
Parcel Return Service Contract 2 to the
Competitive Product List. For the
reasons discussed below, the
Commission approves the Request.
II. Background
On August 21, 2009, the Postal
Service filed a formal request pursuant
to 39 U.S.C. 3642 and 39 CFR 3020.30,
et seq., to add Parcel Select & Parcel
Return Service Contract 2 to the
Competitive Product List.1 The Postal
Service asserts that the Parcel Select &
Parcel Return Service Contract 2
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. MC2009–40.
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. CP2009–61.
1 Request of the United States Postal Service to
Add Parcel Select & Parcel Return Service Contract
2 to Competitive Product List and Notice of
Establishment of Rates and Class Not of General
Applicability, August 21, 2009 (Request).
E:\FR\FM\01OCR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Rules and Regulations]
[Pages 50706-50708]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23642]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1016]
RIN 1625-AA87
Security Zone; Naval Base Point Loma; San Diego Bay, San Diego,
CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is expanding a naval security zone. The
expanded zone will encompass a nearby, separate security zone in its
entirety. The subsumed security zone will be removed from the
regulations. This action also includes the installation of water
barriers within the expanded security zone. These water borne barriers
will provide a line of demarcation and a defensive measure as a
safeguard from destruction, loss, or injury from sabotage or other
subversive acts, accidents, or other causes of a similar nature. No
persons or vessel may enter or remain in the security zone without
permission of the Captain of the Port, the Commander of Naval Base
Point Loma, the Commander of Naval Region Southwest, or a designated
representative of those individuals.
DATES: This rule is effective November 2, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1016 and are available online by going to
https://www.regulations.gov, inserting USCG-2008-1016 in the ``keyword''
box, and then clicking ``search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Commander Mike Dolan, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7261,
e-mail Michael.B.Dolan@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 11, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Naval Base Point Loma; San Diego Bay,
San Diego, CA in the Federal Register (74 FR 6842). We received no
comments on the proposed rule. There were no requests for a public
meeting, therefore no meeting was held.
Background and Purpose
The U.S. Navy requested an expansion of an existing security zone.
The new zone will allow for installation of water barriers to provide a
line of demarcation and defensive measures as
[[Page 50707]]
a safeguard from destruction, loss, or injury from sabotage or other
subversive acts, accidents, or other causes of similar nature. The
expanded security zone will entirely subsume a nearby existing security
zone, which will be removed.
Discussion of Comments and Changes
It was determined that Point B (32[deg]42.48[min] N,
117[deg]14.17[min] W) and Point C (32[deg]42.17[min] N,
117[deg]14.00[min] W) were plotted in the channel to the south entrance
of Shelter Island. These points were brought out of the channel and the
new coordinates are 32[deg]42.48[min] N, 117[deg]14.22[min] W (Point B)
and 32[deg]42.17[min] N, 117[deg]14.05[min] W (Point C).
Point H (32[deg]41.04[min] N, 117[deg]14.14[min] W) was relocated
to 32[deg]41.17[min] N, 117[deg]13.97[min] W. The original point caused
the security zone to run along the shoreline and was deemed
unnecessary.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This determination is based on the size and location of the
security zone. Vessels do not routinely operate for commercial purposes
within the area encompassed by the security zone expansion, which is
currently within a charted restricted area (33 CFR 334.870).
Recreational vessels will not be allowed to transit through the
established security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the San Diego Bay.
This security zone will not have a significant economic impact on a
substantial number of small entities because vessel traffic can pass
safely around the security zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to 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
[[Page 50708]]
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 023-1 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. This rule involves changing and
disestablishing a security 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.
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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
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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;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
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2. Revise Sec. 165.1102 to read as follows:
Sec. 165.1102 Security Zone; Naval Base Point Loma; San Diego Bay,
San Diego, CA.
(a) Location. The following area is a security zone: The water
adjacent to the Naval Base Point Loma, San Diego, CA, enclosed by the
following coordinates:
32[deg]42.48' N, 117[deg]14.22[min] W (Point A);
32[deg]42.48' N, 117[deg]14.21[min] W (Point B);
32[deg]42.17' N, 117[deg]14.05[min] W (Point C);
32[deg]41.73' N, 117[deg]14.21[min] W (Point D);
32[deg]41.53' N, 117[deg]14.23[min] W (Point E);
32[deg]41.55' N, 117[deg]14.02[min] W (Point F);
32[deg]41.17' N, 117[deg]13.95[min] W (Point G);
32[deg]41.17' N, 117[deg]13.97[min] W (Point H);
thence running generally north along the shoreline to Point A.
(b) Regulations. (1) The general regulations governing security
zones found in 33 CFR 165.33 apply to the security zone described in
paragraph (a) of this section.
(2) Entry into, or remaining in, the area of this zone is
prohibited unless authorized by the Captain of the Port San Diego;
Commanding Officer, Naval Base Point Loma; or Commander, Navy Region
Southwest.
(3) Persons desiring to transit the area of the security zone may
request permission from the Captain of the Port San Diego at telephone
number (619) 278-7033 or on VHF channel 16 (156.8 MHz) or from either
the Commanding Officer, Naval Base Point Loma or the Commander, Navy
Region Southwest by calling the Navy Port Operation Dispatch at
telephone number (619) 556-1433 or on VHF-FM channels 16 or 12. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port San Diego or his or her
designated representative.
(c) Definitions. For purposes of this section: Captain of the Port
San Diego, means the Commanding Officer of the Coast Guard Sector San
Diego; Commander, Navy Region Southwest, means Navy Region Commander
responsible for the Southwest Region; Commanding Officer, Naval Base
Point Loma, means the Installation Commander of the naval base located
on Point Loma, San Diego, California; Designated Representative, means
any U.S. Coast Guard commissioned, warrant, or petty officer who has
been designated by the Captain of the Port San Diego to assist in the
enforcement of the security zone described in paragraph (a) of this
section.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the security zone described in paragraph (a) of this
section by the U.S. Navy and local law enforcement agencies.
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3. Remove Sec. 165.1103.
Dated: May 1, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-23642 Filed 9-30-09; 8:45 am]
BILLING CODE 4910-15-P
