39216 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

Dated: July 13, 2009. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. E9–18750 Filed 8–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0454] 

RIN 1625–AA00 

Safety Zone; Festivus, Lower Colorado 

River, Bullhead City, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the lower 

Colorado River at Bullhead City, AZ in 

support of Festivus. This safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other 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 or 

his designated representative. 

DATES: This rule is effective from 

September 11, 2009 through September 

13, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0454 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0454 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 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 Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@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 

immediate action is necessary to ensure 

the safety of vessels, spectators, 

participants, and other vessels and users 

of the waterway. Delaying the rule 

would be contrary to the public interest. 

Background and Purpose 

The Boys and Girls Club and BMX is 

sponsoring Festivus, which is a river 

festival to benefit the community. 

Festivus includes wakeboarder 

demonstrations on the lower Colorado 

River. This temporary safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and other users and vessels on 

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 or his designated 

representative. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone that will be 

enforced from 10 a.m. to 10 p.m. on 

September 11, 2009 through September 

13, 2009. This safety zone is necessary 

to provide for the safety of the crew, 

spectators, participants, and other users 

and vessels of the waterway. Persons 

and vessels will be prohibited from 

entering into, transiting through, or 

anchoring within the safety zone unless 

authorized to do so by the Captain of the 

Port or his designated representative. 

The safety zone will include all 

navigable waters within the following 

coordinates: 

Northwest Boundary Line 

35°05.45′ N, 114°37.84′ W; 

35°05.53′ N, 114°37.78′ W. 

Southeast Boundary Line 

35°05.31′ N, 114°37.48′ W; 

35°05.38′ N, 114°37.44′ W. 

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 location and small size of 

the safety zone. Recreational vessels 

will not be allowed to transit through 

the established safety zone during the 

specified times unless authorized to do 

so by the Captain of the Port 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 

the affected portion of the lower 

Colorado River from 10 a.m. to 10 p.m. 

on September 11, 2009 through 

September 13, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Although the 

safety zone will apply to the entire 

width of the river, traffic will be 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 39217 

allowed to pass through the zone with 

the permission of the Coast Guard patrol 

commander. Before the effective period, 

the Coast Guard will publish a local 

notice to mariners (LNM). 

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. 

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 because it 

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.T11–204 to 

read as follows: 

§ 165.T11–204 Safety Zone; Festivus, 

Lower Colorado River, Bullhead City, AZ. 

(a) Location. The following area is a 

safety zone: All waters of the Lower 

Colorado River, from surface to bottom 

and shore to shore, bounded by the 

following lines: 

Northwest Boundary Line 

From 35°05.45′ N, 114°37.84′ W to 

35°05.53′ N, 114°37.78′ W. 

Southeast Boundary Line 

From 35°05.31′ N, 114°37.48′ W to 

35°05.38′ N, 114°37.44′ W (NAD 83). 


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39218 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 

(b) Enforcement Period. This section 

will be enforced from 10 a.m. to 10 p.m., 

each day, on September 11, 2009 

through September 13, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone. 

(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 must 

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 must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: July 23, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–18739 Filed 8–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 10 and 11 

[Docket No. USCG–2006–24371] 

RIN 1625–AB02 

Consolidation of Merchant Mariner 

Qualification Credentials; Corrections 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule, correction. 

SUMMARY: The Coast Guard published a 

document in the Federal Register on 

March 16, 2009 (74 FR 11196), 

consolidating regulations concerning 

the issuance of merchant mariner 

credentials. That document contained 

several non-substantive errors, 

including an improperly worded 

amendatory instruction. This document 

corrects those errors. 

DATES: This final rule is effective August 

6, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Mayte Medina, Coast Guard, telephone 

202–372–1406. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

document published in the Federal 

Register on March 16, 2009 (74 FR 

11196), contained errors that this 

document corrects. 

We are making the following 

corrections in part 10. In § 10.109, we 

are reinserting three STCW 

endorsements that were erroneously left 

out of the final rule. In § 10.211, the 

Coast Guard discussed the date change 

in the final rule (74 FR 11197). 

However, when making the date change, 

we inadvertently missed this instance. 

In § 10.213, the change in the footnote 

to Table 12.213(c) is a correction to a 

cross-reference, which the Coast Guard 

inadvertently missed when we revised 

part 10 in the final rule. In § 10.227, we 

are correcting a similar cross-reference 

correction. In § 10.235, we are making 

corrections to clarify the language in 

that section. 

We are making the following 

corrections in part 11. In § 11.102, we 

are correcting those sections where 

material that has been incorporated by 

reference may be found in part 11. In 

§ 11.104, we are removing redundancy 

by eliminating definitions that already 

appear at the beginning of the 

subchapter in § 10.107. Finally, in the 

final rule, the amendatory instruction 

for § 11.601 incorrectly referred to 

paragraphs (a) through (c) (79 FR 

11252). We have included the correct 

amendatory language here. 

None of the above listed corrections 

are substantive in nature. 

List of Subjects 

46 CFR Part 10 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Seamen, Transportation 

Worker Identification Card. 

46 CFR Part 11 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Schools, Seamen. 

■ For the reasons discussed above, the 

Coast Guard corrects 46 CFR parts 10 

and 11 as follows: 

PART 10—MERCHANT MARINER 

CREDENTIAL 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter 

71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 

75; 46 U.S.C. 7701, 8906 and 70105; 

Executive Order 10173; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. In § 10.109, add paragraphs (d)(15), 

(16), and (17) to read as follows: 

§ 10.109 Classification of endorsements. 

* * * * * 

(d) * * * 

(15) Tankerman PIC. 

(16) Tankerman assistant. 

(17) Tankerman engineer. 

■ 3. In § 10.211(c), remove the words 

‘‘September 25, 208’’ and add, in their 

place, the words ‘‘April 15, 2009’’. 

§ 10.213 [Amended] 

■ 4. In § 10.213, in the first footnote of 

Table 10.213(c), remove the crossreference ‘‘(a)’’ after the word 

‘‘paragraph’’ and add, in its place, the 

cross-reference ‘‘(f)’’. 

§ 10.227 [Amended] 

■ 5. In § 10.227, in paragraph (g)(1), 

remove the cross-reference ‘‘(g)’’ after 

the word ‘‘paragraph’’ and add, in its 

place, the cross-reference ‘‘(d)(8)’’. 

§ 10.235 [Amended] 

■ 6. In § 10.235— 

■ a. In paragraph (b), in the first and 

second sentences, after the words 

‘‘applied for as an original’’, add the 

words ‘‘following the procedures of 

§§ 5.901–5.905 of this subchapter’’; 

■ b. In paragraph (d), after the words 

‘‘revoked, the mariner’’, remove the 

words ‘‘may apply for’’ and add, in their 

place, the words ‘‘will be issued’’; and 

■ c. In paragraph (h), remove the word 

‘‘non-administrative’’ and add, in its 

place, the words ‘‘a reason, other than 

administrative’’. 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

■ 7. The authority citation for part 11 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 

and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. Section 11.107 is also issued 

under the authority of 44 U.S.C. 3507. 

§ 11.102 [Amended] 

■ 8. In § 11.102— 

■ a. In paragraph (b)(1), remove 

‘‘11.603;’’. 


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