Safety Zone; Todd Pacific Shipyards Vessel Launch, West Duwamish Waterway, Seattle, WA, 2077-2079 [2010-550]
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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
amounts would otherwise have been
payable to the participant in cash.
(c) Maximum time period for welfare
benefit plans. With respect to an
employee welfare benefit plan as
defined in section 3(1) of ERISA, in no
event shall the date determined
pursuant to paragraph (a)(1) of this
section occur later than 90 days from
the date on which the participant
contribution amounts are received by
the employer (in the case of amounts
that a participant or beneficiary pays to
an employer) or the date on which such
amounts would otherwise have been
payable to the participant in cash (in the
case of amounts withheld by an
employer from a participant’s wages).
*
*
*
*
*
(f) Examples. The requirements of this
section are illustrated by the following
examples:
(1) Employer A sponsors a 401(k)
plan. There are 30 participants in the
401(k) plan. A has one payroll period
for its employees and uses an outside
payroll processing service to pay
employee wages and process
deductions. A has established a system
under which the payroll processing
service provides payroll deduction
information to A within 1 business day
after the issuance of paychecks. A
checks this information for accuracy
within 5 business days and then
forwards the withheld employee
contributions to the plan. The amount of
the total withheld employee
contributions is deposited with the trust
that is maintained under the plan on the
7th business day following the date on
which the employees are paid. Under
the safe harbor in paragraph (a)(2) of
this section, when the participant
contributions are deposited with the
plan on the 7th business day following
a pay date, the participant contributions
are deemed to be contributed to the plan
on the earliest date on which such
contributions can reasonably be
segregated from A’s general assets.
(2) Employer B is a large national
corporation which sponsors a 401(k)
plan with 600 participants. B has
several payroll centers and uses an
outside payroll processing service to
pay employee wages and process
deductions. Each payroll center has a
different pay period. Each center
maintains separate accounts on its
books for purposes of accounting for
that center’s payroll deductions and
provides the outside payroll processor
the data necessary to prepare employee
paychecks and process deductions. The
payroll processing service issues the
employees’ paychecks and deducts all
payroll taxes and elective employee
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13:33 Jan 13, 2010
Jkt 220001
deductions. The payroll processing
service forwards the employee payroll
deduction data to B on the date of
issuance of paychecks. B checks this
data for accuracy and transmits this data
along with the employee 401(k) deferral
funds to the plan’s investment firm
within 3 business days. The plan’s
investment firm deposits the employee
401(k) deferral funds into the plan on
the day received from B. The assets of
B’s 401(k) plan would include the
participant contributions no later than 3
business days after the issuance of
paychecks.
(3) Employer C sponsors a selfinsured contributory group health plan
with 90 participants. Several former
employees have elected, pursuant to the
provisions of ERISA section 602, 29
U.S.C. 1162, to pay C for continuation
of their coverage under the plan. These
checks arrive at various times during the
month and are deposited in the
employer’s general account at bank Z.
Under paragraphs (a) and (c) of this
section, the assets of the plan include
the former employees’ payments as soon
after the checks have cleared the bank
as C could reasonably be expected to
segregate the payments from its general
assets, but in no event later than 90 days
after the date on which the former
employees’ participant contributions are
received by C. If, however, C deposits
the former employees’ payments with
the plan no later than the 7th business
day following the day on which they are
received by C, the former employees’
participant contributions will be
deemed to be contributed to the plan on
the earliest date on which such
contributions can reasonably be
segregated from C’s general assets.
*
*
*
*
*
Signed at Washington, DC, this 7th day of
January 2010.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2010–430 Filed 1–13–10; 8:45 am]
BILLING CODE 4510–29–P
PO 00000
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1073]
RIN 1625–AA00
Safety Zone; Todd Pacific Shipyards
Vessel Launch, West Duwamish
Waterway, Seattle, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the West Duwamish Waterway, Seattle,
Washington. Entry into, transit through,
mooring or anchoring within this zone
is prohibited unless authorized by the
Captain of the Port Puget Sound or her
Designated Representative. This safety
zone is necessary to ensure the safety of
recreational and commercial traffic in
the area during a vessel launch
operation at Todd Pacific Shipyards,
located at the entrance to the West
Duwamish Waterway.
DATES: This rule is effective from 1 a.m.
to 10:30 a.m. on January 16, 2010 unless
cancelled sooner by the Captain of the
Port.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
1073 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–1073 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 ENS Rebecca E.
McCann, Waterways Management
Division, Sector Seattle, Coast Guard;
telephone 206–217–6088, e-mail
Rebecca.E.McCann@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
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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
(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
publishing a NPRM would be contrary
to the public interest since immediate
action is necessary to ensure the safety
of commercial and recreational vessels
in the vicinity of the launch on the date
and times this rule will be in effect.
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
would be contrary to public interest
because hazards associated with a vessel
launching operation in a restricted
waterway, such as excessive vessel
congestion, could lead to injury,
fatalities, and/or destruction of public
property. Therefore, immediate action is
needed to ensure the public’s safety
from the hazards noted above.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Background and Purpose
The Coast Guard is establishing a
temporary safety zone to provide for the
safety of recreational and commercial
vessel traffic during a vessel launch
operation at the Todd Pacific Shipyards
Facility. The area that Todd Pacific
Shipyards Facility will use encompasses
a high commercial traffic zone and the
West Duwamish River mouth. The Coast
Guard is establishing this zone to
protect vessels and persons from the
hazards associated with excessive vessel
congestions within this restricted
waterway. The safety zone is needed to
keep vessels out of the affected area
during the launch period.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone to encompass the
waters of the Duwamish River extending
450 yards from the vessel launch site at
Todd Pacific Shipyard, located at the
entrance to the West Duwamish
Waterway. The safety zone includes all
waters within an area encompassed by
the points 47°35′04″ N 122°21′30″ W,
thence to 47°35′04″ N 122°21′50″ W,
thence to 47°35′19″ N 122°21′50″ W,
thence to 47°35′19″ N 122°21′30″ W,
thence to 47°35′04″ N 122°21′30″ W.
The safety zone does not extend on
land. The temporary safety zone will be
enforced from 1 a.m. to 10:30 a.m. on
January 16, 2010 unless cancelled
sooner by the Captain of the Port.
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13:33 Jan 13, 2010
Jkt 220001
The Coast Guard, through this action,
intends to promote the safety of
personnel and vessels in the area. Entry
into this zone by all vessels will be
prohibited unless authorized by the
Captain of the Port. This safety zone
will be enforced by the U.S. Coast
Guard. The Captain of the Port may be
assisted in the enforcement of this safety
zone by other Federal, state, or local
agencies.
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 temporary rule to be so minimal
that a full Regulatory Evaluation is
unnecessary. This expectation is based
on the fact that the regulated area
established by the regulation would
encompass a small area that should not
significantly impact commercial or
recreational traffic. For the above
reasons, the Coast Guard does not
anticipate any significant economic
impact.
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 the waters of
the Duwamish River extending 450
yards from the vessel launch site at
Todd Pacific Shipyard, located at the
entrance to the West Duwamish
Waterway from 1 a.m. to 10:30 a.m. on
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
January 16, 2010. This safety zone will
not have a significant impact due to the
short duration and small area.
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
E:\FR\FM\14JAR1.SGM
14JAR1
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations
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.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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
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13:33 Jan 13, 2010
Jkt 220001
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 to allow a vessel
launch evolution at Todd Pacific
Shipyards, the duration of which will be
less than one day. 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 set out in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1
2. Add § 165.T13–127 to read as
follows:
■
§ 165.T13–127 Safety Zone; Todd Pacific
Shipyards Vessel Launch, West Duwamish
Waterway, Seattle, WA.
(a) Location. The following area is a
safety zone: The waters of the
Duwamish River extending 450 yards
from the vessel launch site at Todd
Pacific Shipyard, located at the entrance
to the West Duwamish Waterway, with
an area encompassed by the points
47°35′04″ N 122°21′30″ W, thence to
47°35′04″ N 122°21′50″ W, thence to
47°35′19″ N 122°21′50″ W, thence to
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
2079
47°35′19″ N 122°21′30″ W, thence to
47°35′04″ N 122°21′30″ W.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no vessel may enter,
transit, moor, or anchor within this
safety zone, except for vessels
authorized by the Captain of the Port or
her Designated Representative.
(c) Enforcement Period. From 1 a.m.
to 10:30 a.m. on January 16, 2010 unless
cancelled sooner by the Captain of the
Port.
Dated: December 11, 2009.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2010–550 Filed 1–13–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0492; FRL–9096–9]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Air Pollution Control District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is finalizing a limited
approval and limited disapproval of
revisions to the San Joaquin Valley Air
Pollution Control District (SJVAPCD)
portion of the California State
Implementation Plan (SIP). This action
was proposed in the Federal Register on
July 14, 2009 and concerns volatile
organic compounds (VOCs) from
confined animal facilities, such as
dairies, cattle feedlots, and poultry and
swine houses. Under the authority of
the Clean Air Act as amended in 1990
(CAA or the Act), this action
simultaneously approves a local rule
that regulates these emission sources
and directs California to correct rule
deficiencies.
DATES: Effective Date: This rule is
effective on February 16, 2010.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2009–0492 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
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]]>Agencies
[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Rules and Regulations]
[Pages 2077-2079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-550]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1073]
RIN 1625-AA00
Safety Zone; Todd Pacific Shipyards Vessel Launch, West Duwamish
Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
West Duwamish Waterway, Seattle, Washington. Entry into, transit
through, mooring or anchoring within this zone is prohibited unless
authorized by the Captain of the Port Puget Sound or her Designated
Representative. This safety zone is necessary to ensure the safety of
recreational and commercial traffic in the area during a vessel launch
operation at Todd Pacific Shipyards, located at the entrance to the
West Duwamish Waterway.
DATES: This rule is effective from 1 a.m. to 10:30 a.m. on January 16,
2010 unless cancelled sooner by the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-1073 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-1073 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 ENS Rebecca E. McCann, Waterways
Management Division, Sector Seattle, Coast Guard; telephone 206-217-
6088, e-mail Rebecca.E.McCann@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
[[Page 2078]]
(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 publishing a NPRM would be contrary to the public interest
since immediate action is necessary to ensure the safety of commercial
and recreational vessels in the vicinity of the launch on the date and
times this rule will be in effect.
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 would
be contrary to public interest because hazards associated with a vessel
launching operation in a restricted waterway, such as excessive vessel
congestion, could lead to injury, fatalities, and/or destruction of
public property. Therefore, immediate action is needed to ensure the
public's safety from the hazards noted above.
Background and Purpose
The Coast Guard is establishing a temporary safety zone to provide
for the safety of recreational and commercial vessel traffic during a
vessel launch operation at the Todd Pacific Shipyards Facility. The
area that Todd Pacific Shipyards Facility will use encompasses a high
commercial traffic zone and the West Duwamish River mouth. The Coast
Guard is establishing this zone to protect vessels and persons from the
hazards associated with excessive vessel congestions within this
restricted waterway. The safety zone is needed to keep vessels out of
the affected area during the launch period.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone to
encompass the waters of the Duwamish River extending 450 yards from the
vessel launch site at Todd Pacific Shipyard, located at the entrance to
the West Duwamish Waterway. The safety zone includes all waters within
an area encompassed by the points 47[deg]35[min]04[sec] N
122[deg]21[min]30[sec] W, thence to 47[deg]35[min]04[sec] N
122[deg]21[min]50[sec] W, thence to 47[deg]35[min]19[sec] N
122[deg]21[min]50[sec] W, thence to 47[deg]35[min]19[sec] N
122[deg]21[min]30[sec] W, thence to 47[deg]35[min]04[sec] N
122[deg]21[min]30[sec] W. The safety zone does not extend on land. The
temporary safety zone will be enforced from 1 a.m. to 10:30 a.m. on
January 16, 2010 unless cancelled sooner by the Captain of the Port.
The Coast Guard, through this action, intends to promote the safety
of personnel and vessels in the area. Entry into this zone by all
vessels will be prohibited unless authorized by the Captain of the
Port. This safety zone will be enforced by the U.S. Coast Guard. The
Captain of the Port may be assisted in the enforcement of this safety
zone by other Federal, state, or local agencies.
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 temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
expectation is based on the fact that the regulated area established by
the regulation would encompass a small area that should not
significantly impact commercial or recreational traffic. For the above
reasons, the Coast Guard does not anticipate any significant economic
impact.
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
the waters of the Duwamish River extending 450 yards from the vessel
launch site at Todd Pacific Shipyard, located at the entrance to the
West Duwamish Waterway from 1 a.m. to 10:30 a.m. on January 16, 2010.
This safety zone will not have a significant impact due to the short
duration and small area.
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
[[Page 2079]]
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 to allow a vessel launch evolution at Todd
Pacific Shipyards, the duration of which will be less than one day. 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 set out 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 Sec. 165.T13-127 to read as follows:
Sec. 165.T13-127 Safety Zone; Todd Pacific Shipyards Vessel Launch,
West Duwamish Waterway, Seattle, WA.
(a) Location. The following area is a safety zone: The waters of
the Duwamish River extending 450 yards from the vessel launch site at
Todd Pacific Shipyard, located at the entrance to the West Duwamish
Waterway, with an area encompassed by the points 47[deg]35'04'' N
122[deg]21'30'' W, thence to 47[deg]35'04'' N 122[deg]21'50'' W, thence
to 47[deg]35'19'' N 122[deg]21'50'' W, thence to 47[deg]35'19'' N
122[deg]21'30'' W, thence to 47[deg]35'04'' N 122[deg]21'30'' W.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor
within this safety zone, except for vessels authorized by the Captain
of the Port or her Designated Representative.
(c) Enforcement Period. From 1 a.m. to 10:30 a.m. on January 16,
2010 unless cancelled sooner by the Captain of the Port.
Dated: December 11, 2009.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-550 Filed 1-13-10; 8:45 am]
BILLING CODE 9110-04-P
