Safety Zone; NASSCO Launching of USNS Charles Drew, San Diego Bay, San Diego, CA., 8804-8806 [2010-3964]
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8804
§ 2570.169
Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations
Review by the Secretary.
(a) The Secretary may review a
decision of an administrative law judge.
Such a review may occur only when a
party files a notice of appeal from a
decision of an administrative law judge
within twenty (20) days of the issuance
of such decision. In all other cases, the
decision of the administrative law judge
shall become final agency action within
the meaning of 5 U.S.C. 704.
(b) A notice of appeal to the Secretary
shall state with specificity the issue(s)
in the decision of the administrative law
judge on which the party is seeking
review. Such notice of appeal must be
served on all parties of record.
(c) Upon receipt of a notice of appeal,
the Secretary shall request the Chief
Administrative Law Judge to submit to
him or her a copy of the entire record
before the administrative law judge.
§ 2570.170
Scope of review.
The review of the Secretary shall not
be a de novo proceeding but rather a
review of the record established before
the administrative law judge. There
shall be no opportunity for oral
argument.
§ 2570.171
Secretary.
Procedures for review by the
(a) Upon receipt of the notice of
appeal, the Secretary shall establish a
briefing schedule which shall be served
on all parties of record. Upon motion of
one or more of the parties, the Secretary
may, in his or her discretion, permit the
submission of reply briefs.
(b) The Secretary shall issue a
decision as promptly as possible after
receipt of the briefs of the parties. The
Secretary may affirm, modify, or set
aside, in whole or in part, the decision
on appeal and shall issue a statement of
reasons and bases for the action(s)
taken. Such decision by the Secretary
shall be final agency action within the
meaning of 5 U.S.C. 704.
Signed at Washington, DC, this 23rd day of
February 2010.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
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[FR Doc. 2010–4005 Filed 2–25–10; 8:45 am]
18:13 Feb 25, 2010
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0093]
RIN 1625–AA00
Safety Zone; NASSCO Launching of
USNS Charles Drew, San Diego Bay,
San Diego, CA.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the San Diego
Bay in support of the NASSCO Ship
Launching for the United States Naval
Ship (USNS) Charles Drew. The safety
zone is necessary to provide for the
safety of vessels and users of the
waterway. 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) San Diego or his
designated representative.
DATES: This rule is effective from 6:30
a.m. through 8:30 a.m. on February 27,
2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0093 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0093 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;
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
BILLING CODE 4510–29–P
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DEPARTMENT OF HOMELAND
SECURITY
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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 the
event would occur before the
rulemaking process was complete. As
such, any delay in the regulation’s
effective date would be contrary to the
public interest, as immediate action is
necessary to provide for the safety of
vessels and users of the waterway.
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. The issuance of final approval
was so recent that the rule will be made
effective less than 30 days after
publication. Any delay in the effective
date of this rule will expose vessels and
persons of the waterway to dangers
posed by ship launchings.
Background and Purpose
The Coast Guard is establishing a
temporary safety zone on the navigable
waters of the San Diego Bay to
contribute to the safety of the USNS
Charles Drew and surrounding vessels
as this ship launches from NASSCO
shipyards. There will be three tugboats
to take control of the vessel after the
launch. This temporary safety zone is
necessary to provide for the safety of the
vessels and users of the waterway.
Discussion of Rule
The USNS Charles Drew will be
launched from NASSCO shipyard into
the San Diego Bay the morning of
February 27, 2010. The safety zone is
required because the vessel’s planned
launch location is in the maritime
navigation channel. The limits of the
temporary safety zone include all
navigable waters encompassed by the
following coordinates:
32°41.39′ N, 117°08.66′ W;
32°41.24′ N, 117°09.05′ W;
32°41.05′ N, 117°08.73′ W;
32°41.20′ N, 117°08.34′ W;
thence north along the shoreline to
32°41.39′ N, 117°08.66′ W.
The safety zone is necessary to
provide for the safety of the vessels and
users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the COTP San Diego or
his designated representative. Vessels or
persons violating this zone will be
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Assistance for Small Entities
subject to both criminal and civil
penalties.
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.
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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 proposed 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 vessels will not
be hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified time unless
authorized by the COTP San Diego or
his designated representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the San Diego Bay from 6:30
a.m. to 8:30 a.m. on February 27, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
enforced only 2 hours early in the day
when vessel traffic is low. Vessel traffic
can pass safely around the zone. Before
the effective period, the Coast Guard
will publish a local notice to mariners
(LNM) and will issue broadcast notice to
mariners (BNM) alerts via VHF Channel
16.
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16:23 Feb 25, 2010
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8805
Civil Justice Reform
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.
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.
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.
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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.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
termination time, the COTP will cease
enforcement of this safety zone and will
announce that fact via Broadcast Notice
to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) No person or
vessel may enter or remain in a safety
zone without the permission of the
COTP or his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) 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 must
proceed as directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: February 16, 2010.
D.L. Leblanc,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2010–3964 Filed 2–23–10; 4:15 pm]
BILLING CODE 9110–04–P
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.
0170.01.
DEPARTMENT OF THE INTERIOR
2. Add § 165.T11–289 to read as
follows:
36 CFR Part 7
§ 165.T11–289 Safety Zone; NASSCO
Launching of USNS Charles Drew, San
Diego Bay, San Diego, CA.
RIN 1024–AD71
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■
16:23 Feb 25, 2010
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DATES:
Effective Date: February 26,
2010.
FOR FURTHER INFORMATION CONTACT:
National Park Service, Regional Director
of the National Capital Region, 1100
Ohio Drive, SW., Room 336,
Washington, DC 20242.
SUPPLEMENTARY INFORMATION:
On November 17, 2008 (73 FR 67739),
the National Park Service published a
final rule to revise the special
regulations for the National Capital
Parks in Washington, DC. The purposes
of the revision were to: (1) Clarify the
regulations on issuance of permits for
events in National Capital Parks, (2)
respond to a decision of the U.S. District
Court for the District of Columbia
related to practice and procedure of
permit application processing for the
Presidential Inaugural Committee, and
(3) provide more public access to park
areas along the inaugural parade route.
The paragraph revised was entitled
‘‘Permit processing’’.
Through a formatting error, the
portion of the paragraph that notified
the public of conditions under which a
permit could be denied was omitted.
That same formatting error resulted in a
duplicate paragraph. Paragraph (g)(5)(iv)
was revised and redesignated (g)(4)(vi),
but the old paragraph (g)(5)(iv) was
retained in error. This correction
restores the omitted language,
unchanged in wording or content, to the
paragraph on permit processing,
removes the old duplicate paragraph,
and redesignates the sections after it to
restore correct numbering.
Need for Correction
[Docket No. E8–27047J]
(a) Location. The safety zone
encompasses the navigable waters
encompassed by the following
coordinates:
Beginning at 32°41.39′ N, 117°08.66′
W; thence to
32°41.24′ N, 117°09.05′ W; thence to
32°41.05′ N, 117°08.73′ W; thence to
32°41.20′ N, 117°08.34′ W;
thence north along the shoreline back
to 32°41.39′ N, 117°08.66′ W.
(b) Enforcement Period. This section
will be enforced from 6:30 a.m. until
8:30 a.m. on February 27, 2010. If the
event concludes prior to the scheduled
VerDate Nov<24>2008
National Park Service
should have been removed. This
document makes correcting
amendments restoring the missing text
to the appropriate paragraph, and
removing the unnecessary paragraph.
Special Regulation: Areas of the
National Park System, National Capital
Region; Correction
National Park Service, Interior.
Correcting amendments.
AGENCY:
ACTION:
SUMMARY: The National Park Service
(NPS) published the final rule governing
viewing of the Inaugural Parade by the
Presidential Inaugural Committee in the
Federal Register on November 17, 2008.
That document inadvertently left out
text that was intended to be retained
from the previous regulation. That
document also retained a paragraph that
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As published and codified, the
regulation omitted important
information that the public needs in
order to plan a demonstration in a time,
place, and manner that will increase the
chances of approval of the permit by the
National Park Service. It also contained
a duplicate paragraph that could cause
confusion in interpretation of the
regulation.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks,
Reporting and recordkeeping
requirements.
In consideration of the reasons stated
in the preamble, the National Park
Service makes the following correcting
amendments to 36 CFR part 7:
■
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]]>Agencies
[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Pages 8804-8806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3964]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0093]
RIN 1625-AA00
Safety Zone; NASSCO Launching of USNS Charles Drew, San Diego
Bay, San Diego, CA.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Diego Bay in support of the NASSCO Ship
Launching for the United States Naval Ship (USNS) Charles Drew. The
safety zone is necessary to provide for the safety of vessels and users
of the waterway. 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) San Diego or his
designated representative.
DATES: This rule is effective from 6:30 a.m. through 8:30 a.m. on
February 27, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0093 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0093 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; 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 the event would occur before the
rulemaking process was complete. As such, any delay in the regulation's
effective date would be contrary to the public interest, as immediate
action is necessary to provide for the safety of vessels and users of
the waterway.
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. The issuance of final approval was
so recent that the rule will be made effective less than 30 days after
publication. Any delay in the effective date of this rule will expose
vessels and persons of the waterway to dangers posed by ship
launchings.
Background and Purpose
The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Diego Bay to contribute to the safety of
the USNS Charles Drew and surrounding vessels as this ship launches
from NASSCO shipyards. There will be three tugboats to take control of
the vessel after the launch. This temporary safety zone is necessary to
provide for the safety of the vessels and users of the waterway.
Discussion of Rule
The USNS Charles Drew will be launched from NASSCO shipyard into
the San Diego Bay the morning of February 27, 2010. The safety zone is
required because the vessel's planned launch location is in the
maritime navigation channel. The limits of the temporary safety zone
include all navigable waters encompassed by the following coordinates:
32[deg]41.39' N, 117[deg]08.66' W;
32[deg]41.24' N, 117[deg]09.05' W;
32[deg]41.05' N, 117[deg]08.73' W;
32[deg]41.20' N, 117[deg]08.34' W;
thence north along the shoreline to 32[deg]41.39' N, 117[deg]08.66'
W.
The safety zone is necessary to provide for the safety of the
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the COTP San Diego or his designated
representative. Vessels or persons violating this zone will be
[[Page 8805]]
subject to both criminal and civil penalties.
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 proposed 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 vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified time unless authorized by
the COTP San Diego or his designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the San Diego Bay from 6:30 a.m. to 8:30 a.m.
on February 27, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only 2 hours early in the day when vessel traffic
is low. Vessel traffic can pass safely around the zone. Before the
effective period, the Coast Guard will publish a local notice to
mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts
via VHF Channel 16.
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.
[[Page 8806]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.01.
0
2. Add Sec. 165.T11-289 to read as follows:
Sec. 165.T11-289 Safety Zone; NASSCO Launching of USNS Charles Drew,
San Diego Bay, San Diego, CA.
(a) Location. The safety zone encompasses the navigable waters
encompassed by the following coordinates:
Beginning at 32[deg]41.39' N, 117[deg]08.66' W; thence to
32[deg]41.24' N, 117[deg]09.05' W; thence to
32[deg]41.05' N, 117[deg]08.73' W; thence to
32[deg]41.20' N, 117[deg]08.34' W;
thence north along the shoreline back to 32[deg]41.39' N,
117[deg]08.66' W.
(b) Enforcement Period. This section will be enforced from 6:30
a.m. until 8:30 a.m. on February 27, 2010. If the event concludes prior
to the scheduled termination time, the COTP will cease enforcement of
this safety zone and will announce that fact via Broadcast Notice to
Mariners.
(c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) No person or vessel may enter or remain in a
safety zone without the permission of the COTP or his designated
representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) 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 must proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: February 16, 2010.
D.L. Leblanc,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2010-3964 Filed 2-23-10; 4:15 pm]
BILLING CODE 9110-04-P
