Safety Zone; San Clemente Island Northwest Harbor December and January Training; Northwest Harbor, San Clemente Island, CA, 62703-62705 [E9-28714]
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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 https://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
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Fmt 4700
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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
62704
Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations
Guard COTP San Diego. Before the
effective periods, the Coast Guard will
issue broadcast notice to mariners
(BNM) alerts and publish local notice to
mariners (LNM).
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).
mstockstill on DSKH9S0YB1PROD with RULES
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
VerDate Nov<24>2008
16:14 Nov 30, 2009
Jkt 220001
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
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Fmt 4700
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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
temporary safety zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Public Law 107–295; 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add new temporary § 165.T11–253
to read as follows:
■
§ 165.T11–253 Safety Zone; San Clemente
Island Northwest Harbor December and
January Training; Northwest Harbor, San
Clemente Island, CA.
(a) Location. The limits of the safety
zone will include 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 the coast of San
Clemente Island to 33°02′06″ N,
118°35′36″ W.
(b) Enforcement Period. This section
will be enforced from December 1, 2009
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Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations
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:
(1) 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.
(2) Non-authorized personnel and
vessels, means any civilian boats,
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.
(6) The Coast Guard may be assisted
by other federal, state, or local agencies
and the U.S. Navy.
Dated: November 12, 2009.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–28714 Filed 11–30–09; 8:45 am]
BILLING CODE 9910–04–P
LIBRARY OF CONGRESS
Copyright Royalty Board
mstockstill on DSKH9S0YB1PROD with RULES
37 CFR Part 381
[Docket No. 2009–7 CRB NCBRA]
Cost of Living Adjustment for
Performance of Musical Compositions
by Colleges and Universities
AGENCY: Copyright Royalty Board,
Library of Congress.
VerDate Nov<24>2008
16:14 Nov 30, 2009
Jkt 220001
ACTION:
Final rule.
SUMMARY: The Copyright Royalty Judges
announce a cost of living adjustment
(‘‘COLA’’) of –0.2% in the royalty rates
that colleges, universities, and other
nonprofit educational institutions that
are not affiliated with National Public
Radio pay for the use of published
nondramatic musical compositions in
the ASCAP, BMI and SESAC
repertories. The COLA is based on the
change in the Consumer Price Index
from October 2008 to October 2009.
DATES: Effective Date: January 1, 2010.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, CRB Program Specialist.
Telephone: (202) 707–7658. E-mail:
crb@loc.gov.
Section
118 of the Copyright Act, title 17 of the
United States Code, creates a
compulsory license for the use of
published nondramatic musical works
and published pictorial, graphic, and
sculptural works in connection with
noncommercial broadcasting. Terms
and rates for this compulsory license,
applicable to parties who are not subject
to privately negotiated licenses, are
published in 37 CFR parts 253 and 381.
Final regulations governing the terms
and rates of copyright royalty payments
with respect to certain uses by public
broadcasting entities of published
nondramatic musical works, and
published pictorial, graphic, and
sculptural works for the license period
beginning January 1, 2008, and ending
December 31, 2012, were published in
the Federal Register on November 30,
2007. See 72 FR 67646. Pursuant to
these regulations, on or before December
1 of each year the Judges shall publish
a notice of the change in the cost of
living as determined by the Consumer
Price Index (all urban consumers, all
items (‘‘CPI–U’’)) during the period from
the most recent index published prior to
the previous notice, to the most recent
index published prior to December 1 of
that year. See 37 CFR 381.10(a). The
regulations also require that the Judges
publish a revised schedule of rates for
the public performance of musical
compositions in the ASCAP, BMI, and
SESAC repertories by public
broadcasting entities licensed to
colleges and universities, reflecting the
change in the CPI–U. 37 CFR
381.10(a)(requiring publication of a
revised schedule of rates for 37 CFR
381.5). Accordingly, the Judges are
hereby announcing the change in the
CPI–U and applying the annual COLA
to the rates set out in 37 CFR 381.5(c).
The change in the cost of living as
determined by the CPI–U during the
SUPPLEMENTARY INFORMATION:
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62705
period from the most recent index
published before December 1, 2008, to
the most recent index published before
December 1, 2009, is –0.2%.1 Rounding
to the nearest dollar,2 the royalty rates
for the performance of published
nondramatic musical compositions in
the repertories of ASCAP, BMI, and
SESAC are $297, $297, and $120,3
respectively.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
Final Regulations
For the reasons set forth in the
preamble, Part 381 of title 37 of the
Code of Federal Regulations is amended
to read as follows:
■
PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN
CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL
BROADCASTING
1. The authority citation for part 381
continues to read as follows:
■
Authority: 17 U.S.C. 118, 801(b)(1), and
803.
2. Section 381.5 is amended by
revising paragraphs (c)(1) and (c)(2) as
follows:
■
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
*
*
*
*
(c) * * *
(1) For all such compositions in the
repertory of ASCAP, $297 annually.
(2) For all such compositions in the
repertory of BMI, $297 annually.
*
*
*
*
*
Dated: November 23, 2009.
James Scott Sledge,
Chief, U.S. Copyright Royalty Judge.
[FR Doc. E9–28386 Filed 11–30–09; 8:45 am]
BILLING CODE 1410–72–P
1 The most recent CPI–U figures are published in
November of each year and use the period 1982–
1984 to establish a reference base of 100. The index
for October 2008 was 218.783, while the figure for
October 2009 was 215.969.
2 See 37 CFR 381.10(b) (adjusted royalty rates
shall be ‘‘fixed at the nearest dollar’’).
3 The 2009 rate for SESAC remains the same as
it was in 2008.
E:\FR\FM\01DER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Rules and Regulations]
[Pages 62703-62705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28714]
-----------------------------------------------------------------------
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
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 https://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, 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[deg]02[min]06[sec] N, 118[deg]35[min]36[sec] W;
33[deg]02[min]00[sec] N, 118[deg]34[min]36[sec] W; thence along San
Clemente Island shoreline to 33[deg]02[min]06[sec] N,
118[deg]35[min]36[sec] 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 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
[[Page 62704]]
Guard COTP San Diego. Before the effective periods, the Coast Guard
will issue broadcast notice to mariners (BNM) alerts and publish local
notice to mariners (LNM).
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 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
temporary 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;
Public Law 107-295; 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add new temporary Sec. 165.T11-253 to read as follows:
Sec. 165.T11-253 Safety Zone; San Clemente Island Northwest Harbor
December and January Training; Northwest Harbor, San Clemente Island,
CA.
(a) Location. The limits of the safety zone will include the
navigable waters of the Northwest Harbor of San Clemente Island bounded
by the following coordinates: 33[deg]02[min]06[sec] N,
118[deg]35[min]36[sec] W; 33[deg]02[min]00[sec] N,
118[deg]34[min]36[sec] W; thence along the coast of San Clemente Island
to 33[deg]02[min]06[sec] N, 118[deg]35[min]36[sec] W.
(b) Enforcement Period. This section will be enforced from December
1, 2009
[[Page 62705]]
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:
(1) 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.
(2) Non-authorized personnel and vessels, means any civilian boats,
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.
(6) The Coast Guard may be assisted by other federal, state, or
local agencies and the U.S. Navy.
Dated: November 12, 2009.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-28714 Filed 11-30-09; 8:45 am]
BILLING CODE 9910-04-P
