Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations 37935 

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 0023.1 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 because the 

rule establishes 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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T11–145 to 

read as follows: 

§ 165.T11–145 Safety zone; BWRC 300 

Enduro, Lake Moolvalya, Parker, AZ. 

(a) Location. The following area is a 

safety zone: All waters of the Colorado 

River, from surface to bottom and shore 

to shore, extending from the Headgate 

Dam at 34°10.15 N, 114°16.40 W 

following the river northeast to 34°11.76 

N, 114°13.50 W. 

(b) Enforcement Period. This section 

will be enforced from 6 a.m. to 6 p.m., 

each day, beginning October 23, 2009 

through October 25, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

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, or petty officers 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

state, or federal law enforcement vessels 

who have been authorized to act on the 

behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene 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 shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: July 6, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–18126 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2009–0666] 

Safety Zone; Milwaukee Harbor, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for Milwaukee Harbor 

for annual fireworks events in the 

Captain of the Port Lake Michigan zone 

from 9:30 p.m. on August 8, 2009, 

through 10 p.m. on September 12, 2009. 

This action is necessary and intended to 

ensure safety of life on the navigable 

waters immediately prior to, during, and 

immediately after the fireworks events. 

During the enforcement period, no 

person or vessel may enter the safety 

zone without permission of the Captain 

of the Port Lake Michigan. 

DATES: The regulations in 33 CFR 

165.935 will be enforced from 9:30 p.m. 

through 10 p.m. on August 8, 2009; from 

10:15 p.m. through 10:45 p.m. on 

August 16, 2009; from 9:30 p.m. through 


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37936 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Rules and Regulations 

1Notice of Establishment of Rates and Class Not 

of General Applicability (Priority Mail Contract 13), 

June 15, 2009 (Notice). 

2PRC Order No. 224, Notice and Order 

Concerning Filing of Priority Mail Contract 13 

Negotiated Service Agreement, June 17, 2009 (Order 

No. 224). 

3Request of the United States Postal Service to 

Add Priority Mail Contract 13 to Competitive 

Product List, June 23, 2009 (Request). 

4Attachment A to the Notice. 

5Attachment A to the Request. 

6Attachment B to the Request. 

7Attachment B to the Notice. 

8Order No. 224 at 1–4. 

9Response of the United States Postal Service to 

Commission’s Request for Supplemental 

Information in Order No. 224, June 23, 2009. 

10 p.m. on August 21, 2009; and from 

9:30 p.m. through 10 p.m. on September 

11–12, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM2 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI; telephone 

414–747–7154, e-mail 

Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone, 

Milwaukee Harbor, Milwaukee, WI, as 

listed in 33 CFR 165.935 for the 

following events, dates, and times: 

(1) Arab World Fest fireworks display 

on August 8, 2009, from 9:30 p.m. 

through 10 p.m.; 

(2) Irish Fest fireworks display on 

August 16, 2009, from 10:15 p.m. 

through 10:45 p.m.; 

(3) Mexican Fiesta fireworks display 

on August 21, 2009, from 9:30 p.m. 

through 10 p.m.; and 

(4) Indian Summer fireworks display 

on September 11–12, 2009, from 9:30 

p.m. through 10 p.m. 

All vessels must obtain permission 

from the Captain of the Port or a 

designated on-scene representative to 

enter, move within, or exit the safety 

zone. Vessels and persons granted 

permission to enter the safety zone shall 

obey all lawful orders or directions of 

the Captain of the Port or a designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice is issued under authority 

of 33 CFR 165.935 Safety Zone, 

Milwaukee Harbor, Milwaukee, WI, and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners or Local Notice to 

Mariners. The Captain of the Port will 

issue a Broadcast Notice to Mariners 

notifying the public when enforcement 

of the safety zone established by this 

section is suspended. The Captain of the 

Port or the designated on-scene 

representative may be contacted via 

VHF–FM Channel 16. 

Dated: July 16, 2009. 

L. Barndt, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E9–18161 Filed 7–29–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–29 and C2009–39; 

Order No. 233] 

Priority Mail Contract 

AGENCY: Postal Rate Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

the Priority Mail Contract 13 to the 

Competitive Product List. This action is 

consistent with changes in a recent law 

governing postal operations. 

Republication of the lists of market 

dominant and competitive products is 

also consistent with new requirements 

in the law. 

DATES: Effective July 30, 2009 and is 

applicable beginning July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–7889–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATON: 

Regulatory History, 74 FR 30647 (June 

26, 2009). 

I. Background 

II. Comments 

III. Commission Analysis 

IV. Ordering Paragraphs 

I. Background 

The Postal Service seeks to add a new 

product identified as Priority Mail 

Contract 13 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

On June 15, 2009, the Postal Service 

filed a notice, pursuant to 39 U.S.C. 

3632(b)(3) and 39 CFR 3015.5, 

announcing that it has entered into an 

additional contract (Priority Mail 

Contract 13), which it attempts to 

classify within the previously proposed 

Priority Mail Contract Group product.1

In support, the Postal Service filed the 

proposed contract and referenced 

Governors’ Decision 09–6 filed in 

Docket No. MC2009–25. Id. at 1. The 

Notice has been assigned Docket No. 

CP2009–39. 

In response to Order No. 224,2 and in 

accordance with 39 U.S.C. 3642 and 39 

CFR part 3020 subpart B, the Postal 

Service filed a formal request to add 

Priority Mail Contract 13 to the 

Competitive Product List as a separate 

product.3 The Postal Service asserts that 

the Priority Mail Contract 13 product is 

a competitive product ‘‘not of general 

applicability’’ within the meaning of 39 

U.S.C. 3632(b)(3). This Request has been 

assigned Docket No. MC2009–29. 

In support of its Notice and Request, 

the Postal Service filed the following 

materials: (1) A redacted version of the 

contract which, among other things, 

provides that the contract will expire 3 

years from the effective date, which is 

proposed to be the day that the 

Commission issues all regulatory 

approvals; 4 (2) requested changes in the 

Mail Classification Schedule product 

list; 5 (3) a Statement of Supporting 

Justification as required by 39 CFR 

3020.32; 6 and (4) certification of 

compliance with 39 U.S.C. 3633(a).7

In the Statement of Supporting 

Justification, Mary Prince Anderson, 

Acting Manager, Sales and 

Communications, Expedited Shipping, 

asserts that the service to be provided 

under the contract will cover its 

attributable costs, make a positive 

contribution to coverage of institutional 

costs, and will increase contribution 

toward the requisite 5.5 percent of the 

Postal Service’s total institutional costs. 

Request, Attachment B, at 1. W. Ashley 

Lyons, Manager, Corporate Financial 

Planning, Finance Department, certifies 

that the contract complies with 39 

U.S.C. 3633(a). Notice, Attachment B. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted contract, under seal. In its 

Notice, the Postal Service maintains that 

the contract and related financial 

information, including the customer’s 

name and the accompanying analyses 

that provide prices, terms, conditions, 

and financial projections, should remain 

confidential. Notice at 2–3. 

In Order No. 224, the Commission 

gave notice of the two dockets, 

requested supplemental information, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.8 On June 23, 2009, the 

Postal Service filed the supplemental 

information requested.9


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