Security and Safety Zone; Cruise Ship Protection, Elliott Bay and Pier-91, Seattle, WA, 65019-65021 [E9-29355]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Rules and Regulations
here. No comments were received
regarding the economic impact of the
rule. As a result, no final regulatory
flexibility analysis was prepared.
List of Subjects in 15 CFR Part 806
Economic statistics, Foreign
investment in the United States,
International transactions, Penalties,
Reporting and recordkeeping
requirements.
Dated: November 16, 2009.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
For the reasons set forth in the
preamble, BEA amends 15 CFR Part 806
as follows:
■
PART 806—DIRECT INVESTMENT
SURVEYS
1. The authority citation for 15 CFR
part 806 continues to read as follows:
■
Authority: 5 U.S.C. 301; 22 U.S.C. 3101–
3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86),
as amended by E.O. 12318 (3 CFR, 1981
Comp., p. 173), and E.O. 12518 (3 CFR, 1985
Comp., p. 348).
2. Section 806.15(h) is revised to read
as follows:
■
§ 806.15 Foreign direct investment in the
United States.
*
*
*
*
*
(h) Quarterly report form. BE–605,
Quarterly Survey of Foreign Direct
Investment in the United States—
Transactions of U.S. Affiliate with
Foreign Parent: One report is required
for each U.S. affiliate exceeding an
exemption level of $60 million.
*
*
*
*
*
[FR Doc. E9–29312 Filed 12–8–09; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0331]
RIN 1625–AA87 and 1625–AA00
WReier-Aviles on DSKGBLS3C1PROD with RULES
Security and Safety Zone; Cruise Ship
Protection, Elliott Bay and Pier-91,
Seattle, WA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is adopting
the subject interim rule published in the
Federal Register August 20, 2009, as a
final rule without change. Due to the
physical location of Pier 91, Large
Passenger Cruise Vessels are required to
VerDate Nov<24>2008
14:53 Dec 08, 2009
Jkt 220001
maneuver near a prominent marina
frequented by a large recreational vessel
community and near other numerous
large commercial fishing vessels located
at adjacent piers, posing a high safety
and security risk when Large Passenger
Cruise Vessels are entering and
departing the cruise terminal. Due to the
inherent safety and security risks
associated with the movement of a
cruise ship into or out of this especially
tight berth at Pier 91, coupled with the
large recreational boating community
and commercial traffic in the area, the
Coast Guard Captain of the Port Puget
Sound finds it necessary to enact these
safety and security zones.
DATES: This rule is effective January 8,
2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0331 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0331 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail LTJG Ian Hanna,
Sector Seattle, Waterways Management
Division, Coast Guard; telephone 206–
217–6045, e-mail
Ian.S.Hanna@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 20, 2009, we published an
interim rule with request for comment
entitled Security and Safety Zone;
Cruise Ship Protection, Elliott Bay and
Pier-91, Seattle, Washington in the
Federal Register (Volume 74, Number
160, Page 42026–42028). We received
no comments on the interim rule. No
parties requested a public meeting, and
no meeting was held. We are adopting
the interim rule as final without change.
Background and Purpose
The Coast Guard is establishing these
safety and security zones to ensure
adequate measures are in place for the
safety and security of Large Passenger
Cruise Vessels and the boating public.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
65019
The Coast Guard conducted a safety and
security risk assessment of the Cruise
Terminal at Pier 91 (at 47°37.58′ N/
122°23.0′ W), Seattle Washington, and
the surrounding waterways. As a result
of this assessment, the Captain of the
Port found sufficient cause to require
these safety and security zones. These
zones are necessary to ensure the safety
and security of not only moored Large
Passenger Cruise Vessels, but also for
Large Passenger Cruise Vessels that are
in transit while entering or departing
the Pier 91 cruise terminal at the Port of
Seattle. Due to the physical location of
Pier 91, Large Passenger Cruise Vessels
are required to maneuver near a
prominent marina and other numerous
large fishing vessels located at adjacent
piers when entering and departing the
cruise terminal. Therefore, in order to
protect these vessels, the safety and
security zones will be enforced during
the arrival and departure of Large
Passenger Cruise Vessels and during the
presence of moored Large Passenger
Cruise Vessels at Pier 91, Seattle,
Washington.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. This rule will be enforced to
enhance the Security and Safety Zone
for the protection of large passenger
vessels under 33 CFR 165.1317. The
security and safety zone that is in place
during the arrival and departure of
Large Passenger Cruise Vessels in and
out of Pier 91 is short in duration, such
that, it should not adversely affect other
vessel traffic in the area, and the
Captain of the Port Puget Sound may
waive any of the requirements of this
section for any vessel or class of vessels
upon finding that a vessel or class of
vessels, operational conditions or other
circumstances are such that application
of this section is unnecessary or
impractical for the purpose of port
security, safety or environmental safety.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
E:\FR\FM\09DER1.SGM
09DER1
65020
Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Rules and Regulations
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.
The 100 yard security and safety zone
around Pier 91 when Large Passenger
Cruise Vessels are present, allows a
large enough area for pleasure craft to
transit the area unhindered.
Additionally, the security and safety
zone that is in place during the arrival
and departure of Large Passenger Cruise
Vessels in and out of Pier 91 is short in
duration, such that, it should not
adversely affect other vessel traffic in
the area.
this rule under that Order and have
determined that it does not have
implications for federalism.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Civil Justice Reform
WReier-Aviles on DSKGBLS3C1PROD with RULES
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
VerDate Nov<24>2008
14:53 Dec 08, 2009
Jkt 220001
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.
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
Frm 00024
Fmt 4700
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, an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
For the reasons discussed in the
preamble, under authority of 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, the Coast Guard
adopts the interim rule amending 33
CFR part 165 that was published at 74
FR 42028 on August 20, 2009, as a final
rule without change.
■
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
PO 00000
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.
Sfmt 4700
E:\FR\FM\09DER1.SGM
09DER1
Federal Register / Vol. 74, No. 235 / Wednesday, December 9, 2009 / Rules and Regulations
Dated: November 24, 2009.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. E9–29355 Filed 12–8–09; 8:45 am]
BILLING CODE 9910–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Laura Nollen, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7390; e-mail address:
nollen.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
[EPA–HQ–OPP–2008–0945; FRL–8793–6]
I. General Information
Clothianidin; Pesticide Tolerances
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes
tolerances for residues of clothianidin in
or on multiple commodities which are
identified and discussed later in this
document. This regulation additionally
increases established tolerances in or on
cotton, gin byproducts; cotton,
undelinted seed and potato, granules/
flakes and deletes tolerances in or on
several commodities that will be
superseded by this action. Valent U.S.A.
Corporation, Bayer CropScience and
Interregional Research Project Number 4
(IR-4) requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
December 9, 2009. Objections and
requests for hearings must be received
on or before February 8, 2010, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0945. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
VerDate Nov<24>2008
14:53 Dec 08, 2009
Jkt 220001
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing electronically
available documents at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
cite at https://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
65021
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2008–0945 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
as required by 40 CFR part 178 on or
before February 8, 2010.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit this copy,
identified by docket ID number EPA–
HQ–OPP–2008–0945, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Petition for Tolerance
In the Federal Register of September
5, 2008 (73 FR 51817) (FRL–8380–4),
EPA issued a notice pursuant to section
408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 8F7395) by Valent
U.S.A. Corporation, P.O. Box 8025,
Walnut Creek, CA 94596. The petition
requested that 40 CFR 180.586 be
amended by establishing tolerances for
residues of the insecticide clothianidin,
(E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)3-methyl-2-nitroguanidine, in or on
almond, hull at 1.5 parts per million
(ppm); cotton, seed at 0.25 ppm; cotton,
gin trash at 4.5 ppm; cotton, meal at
0.25 ppm; cotton, hull at 0.25 ppm;
cotton, refined oil at 0.01 ppm; soybean,
seed at 0.03 ppm; soybean, hull at 0.35
ppm; soybean, meal at 0.07 ppm;
soybean, oil at 0.01 ppm; tomato, paste
at 0.08 ppm; tomato, puree at 0.07 ppm;
nut, tree, group 14 at 0.01 ppm;
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Rules and Regulations]
[Pages 65019-65021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29355]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0331]
RIN 1625-AA87 and 1625-AA00
Security and Safety Zone; Cruise Ship Protection, Elliott Bay and
Pier-91, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adopting the subject interim rule published
in the Federal Register August 20, 2009, as a final rule without
change. Due to the physical location of Pier 91, Large Passenger Cruise
Vessels are required to maneuver near a prominent marina frequented by
a large recreational vessel community and near other numerous large
commercial fishing vessels located at adjacent piers, posing a high
safety and security risk when Large Passenger Cruise Vessels are
entering and departing the cruise terminal. Due to the inherent safety
and security risks associated with the movement of a cruise ship into
or out of this especially tight berth at Pier 91, coupled with the
large recreational boating community and commercial traffic in the
area, the Coast Guard Captain of the Port Puget Sound finds it
necessary to enact these safety and security zones.
DATES: This rule is effective January 8, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0331 and are available online by going to
https://www.regulations.gov, inserting USCG-2009-0331 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Ian Hanna, Sector Seattle,
Waterways Management Division, Coast Guard; telephone 206-217-6045, e-
mail Ian.S.Hanna@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 20, 2009, we published an interim rule with request for
comment entitled Security and Safety Zone; Cruise Ship Protection,
Elliott Bay and Pier-91, Seattle, Washington in the Federal Register
(Volume 74, Number 160, Page 42026-42028). We received no comments on
the interim rule. No parties requested a public meeting, and no meeting
was held. We are adopting the interim rule as final without change.
Background and Purpose
The Coast Guard is establishing these safety and security zones to
ensure adequate measures are in place for the safety and security of
Large Passenger Cruise Vessels and the boating public. The Coast Guard
conducted a safety and security risk assessment of the Cruise Terminal
at Pier 91 (at 47[deg]37.58' N/122[deg]23.0' W), Seattle Washington,
and the surrounding waterways. As a result of this assessment, the
Captain of the Port found sufficient cause to require these safety and
security zones. These zones are necessary to ensure the safety and
security of not only moored Large Passenger Cruise Vessels, but also
for Large Passenger Cruise Vessels that are in transit while entering
or departing the Pier 91 cruise terminal at the Port of Seattle. Due to
the physical location of Pier 91, Large Passenger Cruise Vessels are
required to maneuver near a prominent marina and other numerous large
fishing vessels located at adjacent piers when entering and departing
the cruise terminal. Therefore, in order to protect these vessels, the
safety and security zones will be enforced during the arrival and
departure of Large Passenger Cruise Vessels and during the presence of
moored Large Passenger Cruise Vessels at Pier 91, Seattle, Washington.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule will be enforced to enhance the
Security and Safety Zone for the protection of large passenger vessels
under 33 CFR 165.1317. The security and safety zone that is in place
during the arrival and departure of Large Passenger Cruise Vessels in
and out of Pier 91 is short in duration, such that, it should not
adversely affect other vessel traffic in the area, and the Captain of
the Port Puget Sound may waive any of the requirements of this section
for any vessel or class of vessels upon finding that a vessel or class
of vessels, operational conditions or other circumstances are such that
application of this section is unnecessary or impractical for the
purpose of port security, safety or environmental safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 65020]]
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. The 100 yard security and safety zone around Pier 91 when
Large Passenger Cruise Vessels are present, allows a large enough area
for pleasure craft to transit the area unhindered. Additionally, the
security and safety zone that is in place during the arrival and
departure of Large Passenger Cruise Vessels in and out of Pier 91 is
short in duration, such that, it should not adversely affect other
vessel traffic in the area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of 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, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
For the reasons discussed in the preamble, under authority of 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, the Coast
Guard adopts the interim rule amending 33 CFR part 165 that was
published at 74 FR 42028 on August 20, 2009, as a final rule without
change.
[[Page 65021]]
Dated: November 24, 2009.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E9-29355 Filed 12-8-09; 8:45 am]
BILLING CODE 9910-04-P
