Safety Zone; Naval Training December 2009 and January 2010; San Clemente Island, CA, 62700-62703 [E9-28656]

Download as PDF 62700 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations for such entry by or through an official patrol vessel. DATES: The regulations in 33 CFR 100.1101 will be enforced from 5 p.m. through 10 p.m. on 12 December 2009. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or e-mail Petty Officer Corey McDonald, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7262, e-mail Corey.R.McDonald@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation for the annual Mission Bay Parade of Lights in 33 CFR 100.1101 from 5 p.m. through 10 p.m. on 12 December 2009. Under the provisions of 33 CFR 100.1101, a vessel may not enter the regulated area, unless it receives permission from the COTP. Spectator vessels may safely transit outside the regulated area but may not anchor, block, loiter in, or impede the transit of ship parade participants or official patrol vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.1101 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. If the COTP or his designated representative determines that the regulated area need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: November 13, 2009. T. H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–28703 Filed 11–30–09; 8:45 am] BILLING CODE 9910–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard mstockstill on DSKH9S0YB1PROD with RULES 33 CFR Part 117 [Docket Number USCG–2009–1011] Drawbridge Operating Regulations; Victoria Barge Canal, Bloomington, Texas AGENCY: Coast Guard, DHS. VerDate Nov<24>2008 16:14 Nov 30, 2009 Jkt 220001 ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad (UPRR) Vertical Lift Span Bridge across the Victoria Barge Canal, mile 29.4 at Bloomington, Victoria County, Texas. The deviation is necessary to allow for replacement of the steel lift cables of the draw span. DATES: This deviation is effective from 8 a.m. on Wednesday, December 9, 2009 until 6 p.m. on Wednesday, December 23, 2009. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2009– 1011 and are available online by going to www.regulations.gov, inserting USCG–2009–1011 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 rule, call or e-mail Phil Johnson, Bridge Administration Branch, Eighth Coast Guard District; telephone 504–671– 2128, e-mail Philip.R.Johnson@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Victoria County Navigation District has requested a temporary deviation from the operating schedule of the UPRR Vertical Lift Span Bridge across the Victoria Barge Canal, mile 29.4 at Bloomington, Texas. The vertical lift bridge has a vertical clearance of 22 feet above high water in the closed-tonavigation position and 50 feet above high water in the open-to-navigation position. Presently, the bridge opens on signal for the passage of vessels. This deviation allows the draw span of the bridge to remain closed to navigation for 10 consecutive hours between 8 a.m. and 6 p.m. on intermittent days from December 9 through December 23, 2009. Uncontrollable variables such as material supply delays and inclement weather make it difficult to predict the exact dates that work can be conducted. Thus, the exact dates for the closures cannot be firmly scheduled. Notices will be published in the Eighth Coast Guard PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 District Local Notice to Mariners and will be broadcast via the Coast Guard Broadcast Notice to Mariners System as soon as information pertaining to the exact closure dates becomes available. Navigation on the waterway consists mainly of tugs with tows. Due to prior experience and coordination with waterway users, it has been determined that this closure will not have a significant effect on these vessels. No alternate routes are available. The closures are necessary for the replacement of the steel lift cables on the bridge. The Coast Guard will coordinate the closures with the commercial users of the waterway as exact closure dates are known. 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: November 18, 2009. David M. Frank, Bridge Administrator. [FR Doc. E9–28704 Filed 11–30–09; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0920] RIN 1625–AA00 Safety Zone; Naval Training December 2009 and January 2010; San Clemente Island, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a safety zone on the navigable waters of the Pacific Ocean at the north end of San Clemente Island in support of Naval Live Fire Training. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activity. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative. DATES: This rule is effective in the CFR on December 1, 2009 until January 31, 2010. This rule is effective with actual notice for purposes of enforcement on December 1, 2009 until January 31, 2010. E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 0920 and are available online by going to http://www.regulations.gov, inserting USCG–2009–0920 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 Petty Officer Corey McDonald, Waterways Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7262, e-mail Corey.R.McDonald@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: ADDRESSES: Regulatory Information mstockstill on DSKH9S0YB1PROD with RULES The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is necessary to ensure the safety of commercial and recreational vessels in the vicinity of any live fire training on the dates and times this rule will be in effect, and delay would be contrary to the public interest. 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. Delaying the effective date of this rule would expose mariners to the dangers posed by the training operations. Background and Purpose The Navy will be conducting intermittent training involving live fire exercises throughout December 2009 and January 2010. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by VerDate Nov<24>2008 16:14 Nov 30, 2009 Jkt 220001 keeping clear of the hazardous area during the training activity. Discussion of Rule The Coast Guard is establishing a safety zone that will be enforced from December 1, 2009 through January 31, 2010. The limits of the safety zone will be the navigable waters of the Pacific Ocean at the north end of San Clemente Island bounded by the following coordinates: 33°01.09′ N, 118°36.34′ W; 32°59.95′ N, 118°39.77′ W; running parallel to the shoreline at approximately 3 NM to 33°02.81′ N, 118°30.65′ W; 33°01.29′ N, 118°33.88′ W; along the shoreline to 33°01.09′ N, 118°36.34′ W. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activities. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size and location of the safety zone. Commercial and recreational vessels will not be allowed to transit through the designated safety zone during specified times of training. 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 62701 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 Pacific Ocean on the north end of San Clemente Island from December 1, 2009 until January 31, 2010. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be enforced only during naval training exercises. Vessel traffic can pass safely around the zone. Traffic will be allowed to pass through the zone with the permission of the U.S. Navy or U.S. Coast Guard. Before the effective period, the Coast Guard will issue broadcast notice to mariners (BNM) alerts. 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 E:\FR\FM\01DER1.SGM 01DER1 62702 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations 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. mstockstill on DSKH9S0YB1PROD with RULES Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office VerDate Nov<24>2008 16:14 Nov 30, 2009 Jkt 220001 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 the establishment of a safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. Add new temporary § 165.T11–252 to read as follows: ■ § 165.T11–252 Safety Zone; Naval Training December 2009 and January 2010; San Clemente Island, CA. (a) Location. The limits of the safety zone will be the navigable waters of the Pacific Ocean at the north end of San Clemente Island bounded by the following coordinates: 33°01.09′ N, 118°36.34′ W; 32°59.95′ N, 118°39.77′ W; running parallel to the shoreline at approximately 3 NM to 33°02.81′ N, 118°30.65′ W; 33°01.29′ N, 118°33.88′ W; along the shoreline to 33°01.09′ N, 118°36.34′ W. (b) Enforcement Period. This section will be enforced from December 1, 2009 through January 31, 2010 during naval training exercises. If the training is concluded prior to the scheduled termination time, the Captain of the Port (COTP) will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Definitions. The following definitions apply to this section: Designated representative, means any Commissioned, Warrant, or Petty Officers of the Coast Guard, Coast Guard Auxiliary, or local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the COTP; non-authorized personnel and vessels, means any civilian vessels, fishermen, divers, and swimmers. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the COTP San Diego or his designated representative. (2) Non-authorized personnel and vessels requesting permission to transit through the safety zone may request authorization to do so from the COTP San Diego or his designated representative. They may be contacted on VHF–FM Channel 16, or at telephone number (619) 278–7033. (3) Naval units involved in the exercise are allowed in the confines of the established safety zone. (4) All persons and vessels shall comply with the instructions of the Coast Guard COTP or his designated representative. (5) Upon being hailed by U.S. Coast Guard or other official personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations (6) The Coast Guard may be assisted by other Federal, State, or local agencies including the U.S. Navy. Dated: November 12, 2009. T. H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–28656 Filed 11–30–09; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0921] RIN 1625-AA00 Safety Zone; San Clemente Island Northwest Harbor December and January Training; Northwest Harbor, San Clemente Island, CA Coast Guard, DHS. Temporary final rule. AGENCY: mstockstill on DSKH9S0YB1PROD with RULES ACTION: SUMMARY: The Coast Guard is establishing a safety zone on the navigable waters of the Northwest Harbor of San Clemente Island in support of the Naval Underwater Detonation. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activity. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port (COTP) or his designated representative. DATES: This rule is effective in the CFR on December 1, 2009. This rule is effective with actual notice for purposes of enforcement on December 1, 2009 through January 31, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 0921 and are available online by going to http://www.regulations.gov, inserting USCG–2009–0921 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 Petty Officer Corey McDonald, Waterways Management, VerDate Nov<24>2008 16:14 Nov 30, 2009 Jkt 220001 U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7262, e-mail Corey.R.McDonald@USCG.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is necessary to ensure the safety of commercial and recreational vessels in the vicinity of any underwater detonation on the dates and times this rule will be in effect and delay would be contrary to the public interest. 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. Delay in the effective date would be contrary to the public interest, since immediate action is needed to ensure the public’s safety. Background and Purpose The Navy will be conducting intermittent training involving the detonation of military grade explosives underwater throughout December 2009 and January 2010. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activity. Discussion of Rule The Coast Guard is establishing a safety zone that will be enforced from December 1, 2009 through January 31, 2010. The limits of the safety zone will be the navigable waters of the Northwest Harbor of San Clemente Island bounded by the following coordinates: 33°02′06″ N, 118°35′36″ W; 33°02′00″ N, 118°34′36″ W; thence along San Clemente Island shoreline to 33°02′06″ N, 118°35′36″ W. This safety zone is necessary to ensure non-authorized personnel and vessels remain safe by keeping clear of the hazardous area during the training activities. Persons PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 62703 and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size and location of the safety zone. Commercial and recreational vessels will not be allowed to transit through the designated safety zone during the specified times while training is being conducted. 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 commercial and recreational vessels intending to transit or anchor in a portion of the Northwest Harbor of San Clemente Island from December 1, 2009 through January 31, 2010. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. Although the safety zone will apply to the entire width of the harbor, commercial and recreational vessels will be allowed to pass through the zone with the permission of the U. S. Navy or Coast E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Rules and Regulations]
[Pages 62700-62703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28656]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0920]
RIN 1625-AA00


Safety Zone; Naval Training December 2009 and January 2010; San 
Clemente Island, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the Pacific Ocean at the north end of San Clemente Island in 
support of Naval Live Fire Training. This safety zone is necessary to 
ensure non-authorized personnel and vessels remain safe by keeping 
clear of the hazardous area during the training activity. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within this safety zone unless authorized by the Captain of 
the Port (COTP) or his designated representative.

DATES: This rule is effective in the CFR on December 1, 2009 until 
January 31, 2010. This rule is effective with actual notice for 
purposes of enforcement on December 1, 2009 until January 31, 2010.

[[Page 62701]]


ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0920 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0920 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 Petty Officer Corey McDonald, Waterways 
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 
619-278-7262, e-mail Corey.R.McDonald@uscg.mil. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is necessary to 
ensure the safety of commercial and recreational vessels in the 
vicinity of any live fire training on the dates and times this rule 
will be in effect, and delay would be contrary to the public interest.
    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. Delaying the effective date of 
this rule would expose mariners to the dangers posed by the training 
operations.

Background and Purpose

    The Navy will be conducting intermittent training involving live 
fire exercises throughout December 2009 and January 2010. This safety 
zone is necessary to ensure non-authorized personnel and vessels remain 
safe by keeping clear of the hazardous area during the training 
activity.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced 
from December 1, 2009 through January 31, 2010. The limits of the 
safety zone will be the navigable waters of the Pacific Ocean at the 
north end of San Clemente Island bounded by the following coordinates:

33[deg]01.09[min] N, 118[deg]36.34[min] W; 32[deg]59.95[min] N, 
118[deg]39.77[min] W; running parallel to the shoreline at 
approximately 3 NM to 33[deg]02.81[min] N, 118[deg]30.65[min] W; 
33[deg]01.29[min] N, 118[deg]33.88[min] W; along the shoreline to 
33[deg]01.09[min] N, 118[deg]36.34[min] W.

    This safety zone is necessary to ensure non-authorized personnel 
and vessels remain safe by keeping clear of the hazardous area during 
the training activities. Persons and vessels are prohibited from 
entering into, transiting through, or anchoring within this safety zone 
unless authorized by the Captain of the Port, or his designated 
representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This determination is based 
on the size and location of the safety zone. Commercial and 
recreational vessels will not be allowed to transit through the 
designated safety zone during specified times of training.

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 Pacific Ocean on the north end of San 
Clemente Island from December 1, 2009 until January 31, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be enforced only during naval training exercises. Vessel 
traffic can pass safely around the zone. Traffic will be allowed to 
pass through the zone with the permission of the U.S. Navy or U.S. 
Coast Guard. Before the effective period, the Coast Guard will issue 
broadcast notice to mariners (BNM) alerts.

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

[[Page 62702]]

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 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 the establishment of 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. Add new temporary Sec.  165.T11-252 to read as follows:


Sec.  165.T11-252  Safety Zone; Naval Training December 2009 and 
January 2010; San Clemente Island, CA.

    (a) Location. The limits of the safety zone will be the navigable 
waters of the Pacific Ocean at the north end of San Clemente Island 
bounded by the following coordinates:

33[deg]01.09' N, 118[deg]36.34' W; 32[deg]59.95' N, 118[deg]39.77' W; 
running parallel to the shoreline at approximately 3 NM to 
33[deg]02.81' N, 118[deg]30.65' W; 33[deg]01.29' N, 118[deg]33.88' W; 
along the shoreline to 33[deg]01.09' N, 118[deg]36.34' W.

    (b) Enforcement Period. This section will be enforced from December 
1, 2009 through January 31, 2010 during naval training exercises. If 
the training is concluded prior to the scheduled termination time, the 
Captain of the Port (COTP) will cease enforcement of this safety zone 
and will announce that fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definitions apply to this section:
    Designated representative, means any Commissioned, Warrant, or 
Petty Officers of the Coast Guard, Coast Guard Auxiliary, or local, 
state, and federal law enforcement vessels who have been authorized to 
act on the behalf of the COTP; non-authorized personnel and vessels, 
means any civilian vessels, fishermen, divers, and swimmers.
    (d) Regulations.
    (1) Entry into, transit through or anchoring within this safety 
zone is prohibited unless authorized by the COTP San Diego or his 
designated representative.
    (2) Non-authorized personnel and vessels requesting permission to 
transit through the safety zone may request authorization to do so from 
the COTP San Diego or his designated representative. They may be 
contacted on VHF-FM Channel 16, or at telephone number (619) 278-7033.
    (3) Naval units involved in the exercise are allowed in the 
confines of the established safety zone.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard COTP or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or other official 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed.

[[Page 62703]]

    (6) The Coast Guard may be assisted by other Federal, State, or 
local agencies including the U.S. Navy.

    Dated: November 12, 2009.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-28656 Filed 11-30-09; 8:45 am]
BILLING CODE 9110-04-P