Safety Zone; Corporate Party on Hornblower Yacht, Fireworks Display, San Francisco, CA, 57070-57072 [E9-26574]
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Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
nature of the trust’s operations due to
revisions in the tax laws or other factors,
the staff’s interpretation would be
reexamined.
A note to the financial statements
should disclose the method used in
determining distributable income and
should also describe how distributable
income as reported differs from income
determined on the basis of GAAP.
F. Gross Revenue Method of Amortizing
Capitalized Costs
Facts: Rule 4–10(c)(3)(iii) of
Regulation S–X states in part:
‘‘Amortization shall be computed on the
basis of physical units, with oil and gas
converted to a common unit of measure
on the basis of their approximate
relative energy content, unless
economic circumstances (related to the
effects of regulated prices) indicate that
use of units of revenue is a more
appropriate basis of computing
amortization. In the latter case,
amortization shall be computed on the
basis of current gross revenues
(excluding royalty payments and net
profits disbursements) from production
in relation to future gross revenues
based on current prices (including
consideration of changes in existing
prices provided only by contractual
arrangements), from estimated
production of proved oil and gas
reserves.’’ 4
Question: May entities using the full
cost method of accounting for oil and
gas producing activities compute
amortization based on the gross revenue
method described in the above rule
when substantial production is not
subject to pricing regulation?
Interpretive Response: Yes. Under the
existing rules for cost amortization
adopted in ASR 258, the use of the gross
revenue method of amortization was
permitted in those circumstances where,
because of the effect of existing pricing
regulations, the use of the units of
production method would result in an
amortization provision that would be
inconsistent with the current sales
prices being received. While the effect
of regulation on gas prices has lessened,
factors other than price regulation (such
as changes in typical contract lengths
and methods of marketing natural gas)
have caused oil and gas prices to be
disproportionate to their relative energy
content. The staff therefore believes that
4 Rule 4–10(c)(8) of Regulation S–X defines
current price as the average price during the 12month period prior to the ending date of the period
covered by the report, determined as an unweighted
arithmetic average of the first-day-of-the-month
price for each month within such period, unless
prices are defined by contractual arrangements,
excluding escalations based upon future conditions.
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15:16 Nov 03, 2009
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it may be more appropriate for
registrants to compute amortization
based on the gross revenue method
whenever oil and gas sales prices are
disproportionate to their relative energy
content to the extent that the use of the
units of production method would
result in an improper matching of the
costs of oil and gas production against
the related revenue received. The
method should be consistently applied
and appropriately disclosed within the
financial statements.
G. Removed by SAB 113
[FR Doc. E9–26525 Filed 11–3–09; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0907]
RIN 1625–AA00
Safety Zone; Corporate Party on
Hornblower Yacht, Fireworks Display,
San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters in San Francisco
Bay proximate to Pier 30–32 in San
Francisco, CA in support of a Corporate
Party on Hornblower Yacht. This safety
zone is established to ensure the safety
of participants and spectators from the
dangers associated with the
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or his designated
representative.
DATES: This rule is effective from 12:45
p.m. through 9:30 p.m. on November 9,
2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0907 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0907 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Ensign Liezl
Nicholas, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7442,
e-mail Liezl.A.Nicholas@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
delaying the implementation of the
safety zone would subject the public to
the hazards associated with firework
displays. Because of the dangers posed
by the pyrotechnics used in these
fireworks displays, the safety zones are
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. Additionally, the zone
should have negligible impact on vessel
transits due to the fact that vessels will
be limited from the area for a short
duration and vessels can still transit in
the majority of the San Francisco Bay
during the event. For the safety
concerns noted, it is in the public
interest to have these regulations in
effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay in the effective date
of this rule would expose mariners to
the dangers posed by the pyrotechnics
used in the fireworks display.
Background and Purpose
Hornblower Cruises & Events will
sponsor a Corporate Party fireworks
display on November 9, 2009, on the
navigable waters located proximate to
Pier 30–32 in San Francisco Bay, San
Francisco Bay, CA. The fireworks
display is meant for entertainment
purposes. This safety zone is issued to
establish a temporary restricted area on
the waters surrounding the fireworks
launch site during loading of the
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Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations
pyrotechnics, and during the fireworks
displays. This restricted area around the
launch site is necessary to protect
spectators, vessels, and other property
from the hazards associated with the
pyrotechnics on the fireworks barges.
The Coast Guard has granted the event
sponsor a marine event permit for the
fireworks displays.
Discussion of Rule
From at 12:45 p.m. until 9 p.m.,
during the set up of the fireworks and
until the start of the fireworks displays,
the temporary safety zone applies to the
navigable waters around the fireworks
site within a radius of 100 feet centering
on the pyrotechnics barge located
proximate to Pier 30–32 in San
Francisco Bay at 37°46′39.90″ N,
122°23′06.78″ W (NAD 83). From 9 p.m.
until 9:30 p.m., the area to which the
temporary safety zone applies will
increase in size to encompass the
navigable waters around the fireworks
launch site within a radius of 1,000 feet.
The effect of the temporary safety
zones will be to restrict navigation in
the vicinity of the fireworks sites while
the fireworks are set up, and until the
conclusion of the scheduled displays.
Except for persons or vessels authorized
by the Captain of the Port or his
designated representative, no person or
vessel may enter or remain in the
restricted area. These regulations are
needed to keep spectators and vessels a
safe distance away from the fireworks
barges to ensure the safety of
participants, spectators, and transiting
vessels.
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.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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.
Although this rule restricts access to
the waters encompassed by the safety
zones, the effect of this rule will not be
significant because: (i) The safety zone
is in effect for a limited time; (ii) vessels
will be able to transit in the majority of
San Francisco Bay; and (iii) the Coast
Guard will make notifications via
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maritime advisories so mariners can
adjust plans accordingly.
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: Owners and operators of
pleasure craft engaged in recreational
activities and sightseeing intending to
transit or anchor in a portion of the San
Francisco Bay from 12:45 p.m. to 9:30
p.m. on November 9, 2009. This rule
will not have a significant economic
impact on a substantial number of small
entities for several reasons: (i) Vessel
traffic can pass safely around the area,
(ii) vessels engaged in recreational
activities and sightseeing have ample
space outside of the effected portion of
the areas of San Francisco, CA to engage
in these activities, (iii) this rule will
encompass only a small portion of the
waterway for a limited period of time,
and (iv) the maritime public will be
advised in advance of this safety zone
via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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57071
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
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Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves a regulation establishing a
safety zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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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:
(d) Effective period. This section is
effective from 12:45 p.m. through 9:30
p.m. on November 9, 2009.
Dated: October 10, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. E9–26574 Filed 11–3–09; 8:45 am]
BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF VETERANS
AFFAIRS
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.
38 CFR Part 3
2. A new temporary § 165.T11–249 is
added to read as follows:
■
§ 165.T11–249 Safety Zone; Corporate
Party on Hornblower Yacht, Fireworks
Display, San Francisco, CA
(a) Location. The following area is a
safety zone: All waters of the San
Francisco Bay from the surface to the
bottom, within a 100 foot radius of the
fireworks launch site located at
37°46′39.90″ N, 122°23′06.78″ W (NAD
83) proximate to Pier 30–32 from 12:45
p.m. until 9 p.m. on November 9, 2009;
and within 1,000 feet of the same
launch site from 9 p.m. until 9:30 p.m.
on November 9, 2009.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) San Francisco in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP’s
Representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–16 or through the 24hour Command Center at telephone
(415) 399–3547.
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RIN 2900–AN05
Presumption of Service Connection for
Amyotrophic Lateral Sclerosis
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document adopts as a
final rule the interim final rule
amending the Department of Veterans
Affairs (VA) adjudication regulations to
establish a presumption of service
connection for amyotrophic lateral
sclerosis (ALS) for any veteran who
develops the disease at any time after
separation from service. This
amendment implements the decision by
the Secretary of Veterans Affairs to
establish such a presumption based on
a November 2006 report by the National
Academy of Sciences Institute of
Medicine on the association between
active service and ALS.
DATES: Effective Date: November 4,
2009.
Applicability Date: This final rule
shall apply to all applications for
benefits that are received by VA on or
after September 23, 2008, the effective
date of the interim final rule, and to all
applications for benefits that were
pending before VA, the United States
Court of Appeals for Veterans Claims, or
the United States Court of Appeals for
the Federal Circuit on that date.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Kniffen, Chief, Regulations
Staff (211D), Compensation and Pension
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–9366.
SUPPLEMENTARY INFORMATION: On
September 23, 2008, VA published in
the Federal Register (73 FR 54691) an
interim final rule that established at
new § 3.318 a presumption of service
connection for ALS for any veteran who
develops the disease at any time after
separation from service.
We provided a 60-day comment
period that ended on November 24,
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]]>Agencies
[Federal Register Volume 74, Number 212 (Wednesday, November 4, 2009)]
[Rules and Regulations]
[Pages 57070-57072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26574]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0907]
RIN 1625-AA00
Safety Zone; Corporate Party on Hornblower Yacht, Fireworks
Display, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters in San Francisco Bay proximate to Pier 30-32 in San
Francisco, CA in support of a Corporate Party on Hornblower Yacht. This
safety zone is established to ensure the safety of participants and
spectators from the dangers associated with the pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port or his designated representative.
DATES: This rule is effective from 12:45 p.m. through 9:30 p.m. on
November 9, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0907 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-0907 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Liezl Nicholas, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-7442, e-mail
Liezl.A.Nicholas@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delaying the implementation of the
safety zone would subject the public to the hazards associated with
firework displays. Because of the dangers posed by the pyrotechnics
used in these fireworks displays, the safety zones are necessary to
provide for the safety of event participants, spectators, spectator
craft, and other vessels transiting the event area. Additionally, the
zone should have negligible impact on vessel transits due to the fact
that vessels will be limited from the area for a short duration and
vessels can still transit in the majority of the San Francisco Bay
during the event. For the safety concerns noted, it is in the public
interest to have these regulations in effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.
Background and Purpose
Hornblower Cruises & Events will sponsor a Corporate Party
fireworks display on November 9, 2009, on the navigable waters located
proximate to Pier 30-32 in San Francisco Bay, San Francisco Bay, CA.
The fireworks display is meant for entertainment purposes. This safety
zone is issued to establish a temporary restricted area on the waters
surrounding the fireworks launch site during loading of the
[[Page 57071]]
pyrotechnics, and during the fireworks displays. This restricted area
around the launch site is necessary to protect spectators, vessels, and
other property from the hazards associated with the pyrotechnics on the
fireworks barges. The Coast Guard has granted the event sponsor a
marine event permit for the fireworks displays.
Discussion of Rule
From at 12:45 p.m. until 9 p.m., during the set up of the fireworks
and until the start of the fireworks displays, the temporary safety
zone applies to the navigable waters around the fireworks site within a
radius of 100 feet centering on the pyrotechnics barge located
proximate to Pier 30-32 in San Francisco Bay at 37[deg]46'39.90'' N,
122[deg]23'06.78'' W (NAD 83). From 9 p.m. until 9:30 p.m., the area to
which the temporary safety zone applies will increase in size to
encompass the navigable waters around the fireworks launch site within
a radius of 1,000 feet.
The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the fireworks sites while the fireworks
are set up, and until the conclusion of the scheduled displays. Except
for persons or vessels authorized by the Captain of the Port or his
designated representative, no person or vessel may enter or remain in
the restricted area. These regulations are needed to keep spectators
and vessels a safe distance away from the fireworks barges to ensure
the safety of participants, spectators, and transiting vessels.
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.
Although this rule restricts access to the waters encompassed by
the safety zones, the effect of this rule will not be significant
because: (i) The safety zone is in effect for a limited time; (ii)
vessels will be able to transit in the majority of San Francisco Bay;
and (iii) the Coast Guard will make notifications via maritime
advisories so mariners can adjust plans accordingly.
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: Owners and operators of pleasure craft engaged in
recreational activities and sightseeing intending to transit or anchor
in a portion of the San Francisco Bay from 12:45 p.m. to 9:30 p.m. on
November 9, 2009. This rule will not have a significant economic impact
on a substantial number of small entities for several reasons: (i)
Vessel traffic can pass safely around the area, (ii) vessels engaged in
recreational activities and sightseeing have ample space outside of the
effected portion of the areas of San Francisco, CA to engage in these
activities, (iii) this rule will encompass only a small portion of the
waterway for a limited period of time, and (iv) the maritime public
will be advised in advance of this safety zone via Broadcast Notice to
Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such 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
[[Page 57072]]
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves a regulation
establishing a safety zone. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T11-249 is added to read as follows:
Sec. 165.T11-249 Safety Zone; Corporate Party on Hornblower Yacht,
Fireworks Display, San Francisco, CA
(a) Location. The following area is a safety zone: All waters of
the San Francisco Bay from the surface to the bottom, within a 100 foot
radius of the fireworks launch site located at 37[deg]46'39.90'' N,
122[deg]23'06.78'' W (NAD 83) proximate to Pier 30-32 from 12:45 p.m.
until 9 p.m. on November 9, 2009; and within 1,000 feet of the same
launch site from 9 p.m. until 9:30 p.m. on November 9, 2009.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP) San Francisco in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's Representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-16 or through
the 24-hour Command Center at telephone (415) 399-3547.
(d) Effective period. This section is effective from 12:45 p.m.
through 9:30 p.m. on November 9, 2009.
Dated: October 10, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. E9-26574 Filed 11-3-09; 8:45 am]
BILLING CODE 4910-15-P
