8804 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 

§ 2570.169 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 Procedures for review by the 

Secretary. 

(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. 

[FR Doc. 2010–4005 Filed 2–25–10; 8:45 am] 

BILLING CODE 4510–29–P 

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 http://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°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 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 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. 


sroberts on DSKD5P82C1PROD with RULES
8806 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Rules and Regulations 

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: 

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. 

■ 2. Add § 165.T11–289 to read as 

follows: 

§ 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°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 

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 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[Docket No. E8–27047J] 

RIN 1024–AD71 

Special Regulation: Areas of the 

National Park System, National Capital 

Region; Correction 

AGENCY: National Park Service, Interior. 

ACTION: Correcting amendments. 

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 

should have been removed. This 

document makes correcting 

amendments restoring the missing text 

to the appropriate paragraph, and 

removing the unnecessary paragraph. 

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 

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: 


sroberts on DSKD5P82C1PROD with RULES