Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45323 

marker 296.18) and mile marker 296.7 

(aerial pipeline located approximately 

0.51 miles north east of Romeo Road 

Bridge). 

(4) Compliance. All persons and 

vessels must comply with this section 

and any additional instructions or 

orders of the Ninth Coast Guard District 

Commander, or his designated 

representatives. 

(5) Waiver. For any vessel, the Ninth 

Coast Guard District Commander, or his 

designated representatives, may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of vessel and mariner safety. 

Dated: August 24, 2009. 

Peter V. Neffenger, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. E9–21200 Filed 8–28–09; 4:15 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0194] 

RIN 1625–AA00 

Safety Zone; IJSBA World Finals, 

Lower Colorado River, Lake Havasu, 

AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Lake Havasu on 

the lower Colorado River in Arizona in 

support of the International Jet Sports 

Boating Association (IJSBA) World 

Finals. This temporary 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 will be prohibited from entering 

into, transiting through, or anchoring 

within this temporary safety zone unless 

authorized by the Captain of the Port 

San Diego or his designated 

representative. 

DATES: This rule is effective from 

October 6, 2009 through October 19, 

2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0194 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0194 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 

On June 22, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; IJSBA World 

Finals; Lower Colorado River, Lake 

Havasu, AZ in the Federal Register (74 

FR 29447). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

The International Jet Sports Boating 

Association (IJSBA) is sponsoring the 

IJSBA World Finals. The event will 

consist of 300 to 750 personal 

watercrafts racing in a circular course. 

The race will be broken down into heats 

of one to 20. The sponsor will provide 

four course marshals and rescue vessels, 

as well as four perimeter safety boats for 

the duration of this event. 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. 

Discussion of Comments and Changes 

There were no comments submitted 

and no changes were made to the 

regulation. 

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 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 

a portion of the lower Colorado River at 

Lake Havasu from October 6, 2009 

through October 19, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Vessel traffic can 

pass safely around the zone. 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 


erowe on DSK5CLS3C1PROD with RULES
45324 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 

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. 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. 0170.1. 

■ 2. Add a new temporary § 165.T11– 

182 to read as follows: 

§ 165.T11–182 Safety Zone; IJSBA World 

Finals; Lower Colorado River, Lake Havasu, 

AZ. 

(a) Location. The following area is a 

safety zone: All waters of Lake Havasu, 

from surface to bottom, encompassed by 

lines connecting the following points: 

Beginning at 34°28.49′ N, 114°21.33′ 

W; Thence to 34°28.55′ N, 114°21.56′ W; 

Thence to 34°28.43′ N, 114°21.81′ W; 

Thence to 34°28.32′ N, 114°21.71′ W; 

Thence along the shoreline returning to 

34°28.49′ N, 114°21.33′ W. 

These coordinates are based upon 

NAD 83. 

(b) Effective period. This section is 

effective and will be enforced from 

October 6, 2009 through October 19, 

2009. If the International Jet Sports 

Boating Association World Finals 

concludes prior to the scheduled 

termination of the effective period, 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 or Coast 

Guard Auxiliary, and local, State, and 

Federal law enforcement officers who 

have been authorized to act on the 

behalf of the Captain of the Port. 

(d) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 


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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Rules and Regulations 45325 

transit through or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

San Diego or his designated 

representative. 

(2) Mariners desiring to enter or 

operate in 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 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 30, 2009. 

DL LeBlanc, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector San Diego. 

[FR Doc. E9–21023 Filed 9–1–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 111 

First-Class Mail Incentive Program 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®), to add section 709.3 which 

introduces new standards for a special 

volume incentive program for mailers of 

commercial (automation and/or Presort) 

First-Class Mail® cards, letters and/or 

flats with mail volume exceeding their 

individual USPS®-determined threshold 

levels. The program period will be from 

October 1, 2009 through December 31, 

2009. 

DATES: Effective Date: October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: NiiKwashie Aryeetey at 202–268–7442 or 

Kevin Gunther at 202–268–7208. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is implementing a volume 

incentive program for qualified mailers 

of commercial (automation and/or 

Presort) First-Class Mail cards, letters 

and/or flats, for volume mailed during 

the program period, above their USPSdetermined threshold level. 

To participate, mailers must be the 

permit holder (i.e., owner) of a permit 

imprint advance deposit account(s) or 

the owner of qualifying mail volume 

entered through the permit imprint 

advance deposit account of a mail 

service provider. Qualifying mail 

owners must be able to demonstrate 

volume of at least five-hundred 

thousand (500,000) commercial FirstClass Mail cards, letters and/or flats 

pieces within the period of October 1, 

2007 to December 31, 2007 and fivehundred thousand (500,000) 

commercial First-Class Mail cards, 

letters and/or flats pieces within the 

period of October 1, 2008 to December 

31, 2008, for a permit imprint advance 

deposit account(s), precanceled stamp 

permit(s), postage meter permit(s), or by 

a combination of these methods. 

Applicants may also qualify for the 

program with volume mailed through an 

account(s) owned by a mail service 

provider, when adequate documentation 

is provided that specifies the applicant 

is the owner of the mail. Those mail 

owners eligible to participate in the 

program will be notified of their 

eligibility, in writing, on or before 

October 15, 2009. Mail owners wishing 

to participate in the program, who 

believe they meet the eligibility 

standards under DMM 709.3.2 and were 

not notified by letter, may request a 

review of their eligibility by contacting 

the USPS at 

firstclassmailincentive@usps.gov. 

As part of the application process, 

participating mail owners will be 

required to provide historical data 

demonstrating their commercial FirstClass Mail cards, letters and/or flats 

volumes mailed within the periods of 

October 1, 2007 through December 31, 

2007, October 1, 2008 through 

December 31, 2008, September 2008, 

and January 2009. 

Participating mail owners 

demonstrating commercial First-Class 

Mail cards, letters or flats volume above 

their established threshold level will 

receive a credit following the close of 

the program period. Thresholds will be 

calculated independently for each 

applicant, by comparing the volume of 

commercial First-Class Mail cards, 

letters and/or flats mailed within the 

period from October 1, 2007 through 

December 31, 2007 to the volume 

mailed within the period of October 1, 

2008 through December 31, 2008. The 

change in recorded volume between 

these two periods will represent the 

applicant’s volume trend. Trends that 

show growth for the period of October 

1, 2008 to December 31, 2008, versus 

that shown in the same period of the 

prior year, will appear as a ratio above 

1.0 (expressed here in a decimal format). 

Trends that show a volume decline for 

the period of October 1, 2008 to 

December 31, 2008 will appear as a ratio 

below 1.0. The applicable ratio will then 

be applied to the volume of commercial 

First-Class Mail cards, letters and flats 

mailed within the period of October 1, 

2008 to December 31, 2008. This result 

represents the USPS-determined 

threshold level for an individual 

applicant. 

Mail owners (applicants) are eligible 

to participate in the program with 

qualifying volume prepared by a mail 

service provider when entered through 

a permit owned by the applicant. Mail 

volume through a mail service 

provider’s permit, may also qualify for 

the program, but only if adequate 

documentation identifies the mail as 

being prepared on behalf of the 

applicant and demonstrates the 

applicant’s prior mailing activity. Mail 

service providers are not eligible to 

participate in the First-Class Mail 

Incentive program. 

Approved program participants, 

demonstrating an increase in their total 

commercial First-Class Mail cards, 

letters and/or flats volume above their 

approved threshold level will qualify for 

a credit to a designated permit imprint 

advance account, Centralized Account 

Payment System (CAPS) account or paid 

through another approved method. The 

total postage attributable to commercial 

First-Class Mail cards, letters and flats 

within the program period will be 

identified for each participant and 

divided by the total number of recorded 

pieces, to generate the average price per 

piece. Participants receive a credit in 

the amount of 20 percent of the average 

price per piece for the total number of 

mailpieces of the incremental volume 

above their approved threshold level as 

recorded during the program period. 

The First-Class Mail Incentive 

program encourages mailers to generate 

new mail volume. As a deterrent to 

mailers shifting previously planned 

volume into the program to obtain 

incentive credits, the mailing activity of 

participating mail owners will be 

monitored in the calendar months prior 

to and following the end of the program 

as follows: 

• The participant’s previously 

determined volume trend will be 

applied to their volume of commercial 

First-Class Mail cards, letters and flats 

mailed within the month of September 

2008 and January 2009, to determine the 

participant’s September 2009 and 

January 2010 expected volume. 

• Each participant’s actual September 

2009 and January 2010 volume will then 

be compared to their respective 

September 2009 and January 2010 

expected volume. 


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