Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41045 

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 

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 the 

rule creates 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.T09–0594 to 

read as follows: 

§ 165.T09–0594 Safety Zone; Missouri 

River, Mile 366.3 to 369.8. 

(a) Location. The following area is a 

safety zone: all waters of the Missouri 

River, Mile 366.3 to 369.8 extending the 

entire width of the waterway. 

(b) Effective date. This rule is effective 

from 12 p.m. until 5 p.m. CDT on 

August 21, 2009 and from 11:30 a.m. 

until 5 p.m. CDT, each day, on August 

22 and 23, 2009. 

(c) Periods of Enforcement. The 

Captain of the Port Upper Mississippi 

River will inform the public through 

broadcast notice to mariners of all safety 

zone changes and enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Upper Mississippi River or a 

designated representative. The Captain 

of the Port Upper Mississippi River 

representative may be contacted at 

(314) 269–2332. 

(3) All persons and vessels must 

comply with the instructions of the 

Captain of the Port Upper Mississippi 

River or a designated representative. 

Designated Captain of the Port 

representatives include commissioned, 

warrant, and petty officers of the U.S. 

Coast Guard. 

Dated: June 30, 2009. 

S.L. Hudson, 

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

Port Upper Mississippi River. 

[FR Doc. E9–19551 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0524] 

RIN 1625–AA00 

Safety Zone; MS Harborfest Tugboat 

Races in Casco Bay, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the MS Harborfest Tugboat Races in 

Casco Bay, Maine. This temporary safety 

zone is necessary to provide for the 

safety of life on the navigable waters by 

prohibiting spectators, vessels, and 

other users of the waterway from 

entering the area surrounding the 

tugboat races due to the hazards 

associated with the tugboat races. 

DATES: This rule is effective from 11 

a.m. until 4 p.m. on August 16, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0524 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–2009–0524 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 Chief Petty Officer 

Randy Bucklin, Coast Guard Sector 

Northern New England, Waterways 

Management Division; telephone 

207–741–5440, e-mail 

Randy.Bucklin@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 a 

notice and comment period would be 

impracticable due to the time 

constraints resulting from the 

immediacy of the upcoming event. The 

Coast Guard did not receive notification 

of the exact location or proposed date 

for the boating event in sufficient time 

mstockstill on DSKH9S0YB1PROD with RULES

41046 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

to issue a NPRM and hold a comment 

period for this rulemaking. The 

expeditious implementation of this rule 

is in the public interest because it will 

help ensure the safety of those involved 

in the tugboat races, the spectators, and 

users of the waterway during the 

boating event. Finally, a delay or 

cancellation of the tugboat races in 

order to accommodate a notice and 

comment period is contrary to the 

public’s interest in this event occurring 

as scheduled. 

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. Any delay in the effective date 

of this regulation would be contrary to 

the public interest as immediate action 

is necessary to protect the maritime 

community from the hazards associated 

with tugboat races. A delay or 

cancellation of the MS Harborfest 

tugboat races to accommodate a 30 day 

comment period would be contrary to 

public interest. 

Background and Purpose 

The MS Harborfest is an annual 

marine boating event held in the month 

of August, in Casco Bay, Maine. 

These regulations will establish a 

fixed safety zone around the perimeter 

of the tugboat race course located in 

Casco Bay. The tugboat race involves 

several heavy vessels that are limited in 

their ability to quickly maneuver if an 

unexpected vessel were to enter the race 

area. Hazards also include the potential 

risks to persons and property that could 

come in contact with the tugboats, their 

wakes, or their gear. There is also a 

potential risk to the tugboats and their 

crew should they come into contact 

with unauthorized vessels traversing 

through the safety zone. Therefore this 

safety zone is designed to protect 

spectators and vessels from the hazards 

associated with the tugboat races, and to 

protect the race participants from the 

dangers of nearby vessel traffic by 

preventing entry into the zone during 

the enforcement time. Entry into the 

safety zone is prohibited unless prior 

authorization is received by the Coast 

Guard Captain of the Port Sector 

Northern New England. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone for the MS Harborfest 

Tugboat Races. The safety zone is being 

established by reference to geographical 

coordinates as follows: All navigable 

waters of Casco Bay bounded by a line 

connecting the following geographic 

coordinates: Latitude 43°40′24′′ N, 

longitude 070°14′20′′ W, to latitude 

43°40′36′′ N, longitude 070°13′56′′ W, to 

latitude 43°39′58′′ N, longitude 

070°13′21′′ W, to latitude 43°39′46′′ N, 

longitude 070°13′51′′ W. 

During the effective time of the safety 

zone, all vessels and persons are 

prohibited from entering, anchoring, 

remaining within or transiting in the 

zone unless specifically authorized by 

the Captain of the Port Sector Northern 

New England, or his designated 

representatives. 

The Coast Guard has determined that 

the safety zone will not have a 

significant impact on commercial vessel 

traffic due to the temporary nature of 

the zone’s time and scope. The zone has 

been limited to the area surrounding the 

event and it will be enforced only 

during the time of the tugboat races. 

Public notifications will be made via 

marine information broadcasts during 

the effective period of this safety zone. 

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. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons: The safety 

zone will be of limited duration, cover 

only a small portion of the navigable 

waterway, and the event is designed to 

avoid, to the extent practicable, deep 

draft, fishing, and recreational boating 

traffic routes. In addition, vessels may 

be authorized to transit the zone with 

permission of the Captain of the Port 

Sector Northern New England and 

maritime advisories will be broadcast 

during the duration of the enforcement 

periods. 

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 designated safety zone during the 

enforcement period stated above. 

The safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The safety zone is 

of limited size and of short duration and 

vessels that can safely do so may 

navigate in all other portions of the 

waterway except for the area designated 

as a safety zone. Additionally, before the 

enforcement period, the Coast Guard 

will issue maritime advisories via 

marine broadcasts and advisories. 

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. 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41047 

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. This rule 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination will be available for 

review 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, and 

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. 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0524 to read as 

follows: 

§ 165.T01–0524 Safety Zone; MS 

Harborfest Tugboat Races in Casco Bay, 

ME. 

(a) Location: all navigable waters of 

Casco Bay in the vicinity of Fish Point 

and Diamond Island Ledge that are 

bounded by a line connecting the 

following geographic coordinates: 

Latitude 43°40′24′′ N, longitude 

070°14′20′′ W, to latitude 43°40′36′′ N, 

longitude 070°13′56′′ W, to latitude 

43°39′58′′ N, longitude 070°13′21′′ W, to 

latitude 43°39′46′′ N, longitude 

070°13′51′′ W. 

(b) Effective Period: This Safety Zone 

is effective on August 16, 2009, from 

11 a.m. to 4 p.m. 

(c) Regulations. 

(1) The general regulations in 33 CFR 

165.23 apply. 

(2) This safety zone is closed to all 

vessel traffic. Entry into, transiting, 

remaining within or anchoring in this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Sector Northern New England or his 

designated representatives. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Sector Northern New England to act on 

his behalf. The designated 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

contact the Captain of the Port Sector 

Northern New England or his 

designated representative via VHF 

Channel 16 to obtain permission to do 

so. 

(5) Vessel operators given permission 

to enter or operate in the safety zones 

must comply with all directions given to 

them by the Captain of the Port Sector 

Northern New England or his 

designated representatives. 

Dated: August 4, 2009. 

J.B. McPherson, 

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

Port, Sector Northern New England. 

[FR Doc. E9–19549 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–47; Order No. 266] 

Global Plus 1 Contract 

AGENCY: Postal Regulatory Commission. 

mstockstill on DSKH9S0YB1PROD with RULES