This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

47871 

Vol. 74, No. 180 

Friday, September 18, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0529] 

RIN 1625–AA00 

Safety Zone; Cape Charles Tomato 

Festival Fireworks Event, Chesapeake 

Bay, Cape Charles, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a 280-foot radius safety 

zone on the Chesapeake Bay in the 

vicinity of the Cape Charles Town 

Harbor, Cape Charles, VA in support of 

the Cape Charles Tomato Festival 

Fireworks event. This action will 

protect mariners from the hazards 

associated with fireworks displays by 

restricting vessel traffic movement in 

the vicinity of the event. 

DATES: This rule is effective on 

September 26, 2009 from 8 p.m. to 8:30 

p.m. 

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–2009–0529 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– 

2009–0529 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 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 LT Tiffany Duffy, 

Chief Waterways Management Division, 

Sector Hampton Roads, Coast Guard, 

telephone 757–668–5580, e-mail 

tiffany.a.duffy@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 July 20, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Cape Charles Tomato Festival, 

Chesapeake Bay, Cape Charles, VA in 

the Federal Register (74 FR 137). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

Coast Guard Sector Hampton Roads 

has been notified that the Cape Charles 

Renewal Project will sponsor a 

fireworks display on the Chesapeake 

Bay shoreline centered on position 

37°15′46′′ N/076°01′30′′ W (NAD 1983) 

on September 26, 2009. Due to the need 

to protect mariners and spectators from 

the hazards associated with the 

fireworks display, the United States 

Coast Guard will restrict access within 

280 feet of the fireworks launch area. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone on the navigable waters of 

the Chesapeake Bay within 280 feet of 

position 37°15′46′′ N/076°01′30′′ W 

(NAD 1983). This safety zone will be 

established in the vicinity of the Cape 

Charles Town Harbor, Cape Charles, VA 

on September 26, 2009. In the interest 

of public safety, access to the safety 

zone will be restricted from 8 p.m. to 

8:30 p.m. on September 26, 2009. 

Except for participants and vessels 

authorized by the Coast Guard Captain 

of the Port or his representative, no 

person or vessel will be authorized to 

enter or remain in the regulated area. 

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. Although this regulation restricts 

access to the safety zone, the effect of 

this rule would not be significant 

because: (i) The safety zone will be in 

effect for a limited duration; (ii) the 

zone would be of limited size; and (iii) 

the Coast Guard would make 

notifications via maritime advisories so 

mariners can adjust their plans 

accordingly. 

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: owners and operators of vessels 

intending to transit or anchor in that 

portion of the Chesapeake Bay from 8 

p.m until 8:30 p.m. on September 26, 

2009. The safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone 

will only be in place for a limited 

duration. The safety zone will be of 

limited size. Maritime advisories will be 

issued allowing the mariners to adjust 

their plans accordingly. Furthermore, 

since the safety zone will apply to only 

a small portion of the Chesapeake Bay, 

there will be adequate space for 

mariners to safely transit around the 

zone. 

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 


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47872 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 

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 

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 establishing a safety zone 

around a fireworks display. The 

fireworks will be launched from a land 

area; however some fallout debris, to 

include live fireworks or hot embers, 

may enter the water within a 280 foot 

radius of the launching site. This zone 

is designed to protect the maritime 

public from the hazards associated with 

fireworks displays. 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 temporary § 165.T05–0529, to 

read as follows: 

§ 165.T05–0529 Safety Zone: Cape Charles 

Tomato Festival Fireworks Event, 

Chesapeake Bay, Cape Charles, VA. 

(a) Regulated Area. The following area 

is a safety zone: All navigable waters 

within 280 feet of position 37°15′46′′ N/ 

076°01′30′′ W (NAD 1983), in the 

vicinity of the Cape Charles Town 

Harbor in Cape Charles, VA. 

(b) Definitions. As used in this 

section, Captain of the Port 

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 


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Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47873 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555. 

(4) The Captain of the Port 

Representative enforcing the safety zone 

can be contacted on VHF–FM marine 

band radio, channel 13 (156.65Mhz) and 

channel 16 (156.8Mhz). 

(d) Enforcement Period. This rule is 

effective on September 26, 2009 from 8 

p.m. to 8:30 p.m. 

Dated: August 24, 2009. 

M.S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. E9–22458 Filed 9–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0747] 

RIN 1625–AA00 

Safety Zone; San Clemente Island 

Northwest Harbor October and 

November Training; Northwest Harbor, 

San Clemente Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Northwest 

Harbor of San Clemente Island in 

support of the Naval Underwater 

Detonation. This safety zone is 

necessary to ensure non-authorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during the training activity. 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) or his designated representative. 

DATES: This rule is effective from 

October 1, 2009 through November 30, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0747 and are available online by going 

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

USCG–2009–0747 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 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 commercial and 

recreational vessels in the vicinity of 

any underwater detonation on the dates 

and times this rule will be in effect and 

delay would be contrary to the public 

interest. 

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. Delay in the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the public’s safety. 

Background and Purpose 

The Navy will be conducting 

intermittent training involving the 

detonation of military grade explosives 

underwater throughout October and 

November 2009. This safety zone is 

necessary to ensure non-authorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during the training activity. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

October 1, 2009 through November 30, 

2009. The limits of the safety zone will 

be the navigable waters of the Northwest 

Harbor of San Clemente Island bounded 

by the following coordinates: 33°02′06′′ 

N, 118°35′36′′ W; 33°02′00′′ N, 

118°34′36′′ W; thence along San 

Clemente Island shoreline to 33°02′06′′ 

N, 118°35′36′′ W. This safety zone is 

necessary to ensure non-authorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during the training activities. 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. 

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 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 and recreational vessels 

will not be allowed to transit through 

the designated safety zone during the 

specified times while training is being 

conducted. 

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 


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