Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51465 

DATES: Effective October 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Holton, Engineer, Propulsion, 

Atlanta Aircraft Certification Office, 

FAA, Small Airplane Directorate, 1701 

Columbia Avenue, College Park, Georgia 

30337; e-mail: anthony.holton@faa.gov; 

telephone: (404) 474–5567; fax: (404) 

474–5606. 

SUPPLEMENTARY INFORMATION: On 

September 22, 2009, we published a 

final rule AD, FR Doc. E9–22287, in the 

Federal Register (74 FR 48141). That 

AD applies to Teledyne Continental 

Motors O–470, IO–470, TSIO–470, IO– 

520, TSIO–520, IO–550, and IOF–550 

series reciprocating engines. We need to 

make the following correction: 

§ 39.13 [Corrected]. 

■ On page 48141, in the second column, 

in the third line below 14 CFR Part 39, 

‘‘AD 2009–19–06’’ is corrected to read 

‘‘AD 2009–19–07’’. 

■ On page 48142, in the third column, 

in the eighth line below PART 39– 

AIRWORTHINESS DIRECTIVES, 

‘‘2009–19–06 Teledyne Continental 

Motors’’ is corrected to read ‘‘2009–19– 

07 Teledyne Continental Motors’’. 

Issued in Burlington, Massachusetts, on 

September 29, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–24088 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0811] 

RIN 1625–AA00 

Safety Zone; Beachfest Fireworks, 

Pacific Ocean, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, on the 

navigable waters of the Pacific Ocean 

near San Diego in support of the 

Beachfest Fireworks Display. 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 8 p.m. 

to 10 p.m. on October 10, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0811 and are available online by going 

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

USCG–2009–0811 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 Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; 

telephone 619–278–7262, e-mail 

Shane.E.Jackson@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 any 

delay in the effective date of this rule 

would expose members of the public to 

the dangers associated with fireworks 

displays. Immediate action is necessary 

to ensure the safety of vessels, 

spectators, and other users of the 

waterway. 

For the same reasons, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

Fireworks & Stage FX Inc is 

sponsoring the Beachfest Fireworks 

Display, which will include a fireworks 

presentation from Crystal Pier in the 

Pacific Beach neighborhood of San 

Diego, California. The safety zone will 

be a 600 foot radius around the end of 

the pier. This temporary safety zone is 

necessary to provide for the safety of the 

vessels, spectators, and other users of 

the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 8 

p.m. to 10 p.m. on October 10, 2009. 

The limits of the safety zone will be a 

600 foot radius around the end of 

Crystal Pier in the Pacific Beach 

neighborhood of San Diego, California. 

Persons and vessels will be 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. 

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 Pacific Ocean 

from 8 p.m. to 10 p.m. on October 10, 

2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced in a small area for only two 

hours late in the evening when vessel 

traffic is low. Commercial vessels will 


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51466 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 

not be hindered by the safety zone. 

Before the effective period, the Coast 

Guard will publish a local notice to 

mariners and will issue broadcast notice 

to mariners alerts via marine channel 

VHF 16 before the temporary safety 

zone is enforced. 

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 the 

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 temporary § 165.T11–237 to 

read as follows: 

§ 165.T11–237 Safety Zone; Beachfest 

Fireworks, San Diego, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Pacific Ocean, from surface to bottom, 

within 600 feet of the fireworks 

launching site located at the end of 

Crystal Pier in San Diego, CA. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 10 p.m. 

on October 10, 2009. If the event 


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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations 51467 

1Request of the United States Postal Service to 

Add Priority Mail Contract 18 to Competitive 

Product List, September 11, 2009 (Request). 

2Attachment A to the Request, reflecting 

Governors’ Decision No. 09–6, April 27, 2009. 

3Attachment B to the Request. 

4Attachment C to the Request. 

5Attachment D to the Request. 

6Attachment E to the Request. 

7Attachment F to the Request. 

8PRC Order No. 298, Notice and Order 

Concerning Priority Mail Contract 18 Negotiated 

Service Agreement, September 15, 2009 (Order No. 

298). 

9Response of the United States Postal Service to 

Request for Supplemental Information in Order No. 

298 (Questions 1 and 2), September 21, 2009 

(Response). 

10Public Representative Comments in Response 

to United States Postal Service Request to Add 

Priority Mail Contract 18 Negotiated Service 

Agreement to the Competitive Product List, 

September 25, 2009 (Public Representative 

Comments). The Public Representative also filed a 

Motion of the Public Representative for Late 

Acceptance of Comments in Response to United 

States Postal Service Request to Add Priority Mail 

Contract 18 to the Competitive Products List, 

September 25, 2009. That motion is granted. 

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: As 

used in 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) Under the general 

regulations in § 165.23, 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 

Sector San Diego Communications 

Center (COMCEN). The COMCEN may 

be contacted via VHF–FM Channel 16 or 

(619) 278–7033. 

(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 must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: September 21, 2009. 

T. H. Farris, 

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

Port San Diego. 

[FR Doc. E9–24176 Filed 10–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–42 and CP2009–63; 

Order No. 305] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

the Priority Mail Contract 18 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 October 7, 2009 and is 

applicable beginning September 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 48323 (September 22, 

2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service seeks to add a new 

product identified as Priority Mail 

Contract 18 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

II. Background 

On September 11, 2009, the Postal 

Service filed a formal request pursuant 

to 39 U.S.C. 3642 and 39 CFR 3020.30 

et seq. to add Priority Mail Contract 18 

to the Competitive Product List.1 The 

Postal Service asserts that the Priority 

Mail Contract 18 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. MC2009–42. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. The contract has been 

assigned Docket No. CP2009–63. 

In support of its Request, the Postal 

Service filed the following materials: (1) 

A redacted version of the Governors’ 

Decision, filed in Docket No MC2009– 

25, authorizing the Priority Mail 

Contract Group; 2 (2) a redacted version 

of the contract; 3 (3) a requested change 

in the Mail Classification Schedule 

product list; 4 (4) a Statement of 

Supporting Justification as required by 

39 CFR 3020.32;5 (5) a certification of 

compliance with 39 U.S.C. 3633(a); 6

and (6) an application for nonpublic 

treatment of the materials filed under 

seal.7 The redacted version of the 

contract provides that the contract is 

terminable on 30 days’ notice by either 

party, but could continue until March 

11, 2012 without modification except as 

to price adjustments. Request, 

Attachment B, Article III. 

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 D, at 1. W. Ashley 

Lyons, Manager, Regulatory Reporting 

and Cost Analysis, Finance Department, 

certifies that the contract complies with 

39 U.S.C. 3633(a). Id., Attachment E. 

The Postal Service filed much of the 

supporting materials, including the 

supporting data and the unredacted 

contract, under seal. The Postal Service 

maintains that the contract and related 

financial information, including the 

customer’s name and the accompanying 

analyses that provide prices, certain 

terms and conditions, and financial 

projections, should remain confidential. 

Id., Attachment F at 2–3. 

In Order No. 298, the Commission 

gave notice of the two dockets, 

appointed a public representative, 

sought supplemental information, and 

provided the public with an opportunity 

to comment.8 The Postal Service filed 

its Response for supplemental 

information pertaining to the sufficiency 

of spreadsheets of the partially 

superseded agreement, and related 

data.9

III. Comments 

Comments were filed by the Public 

Representative.10 No comments were 

submitted by other interested parties. 

The Public Representative states that the 

Postal Service’s filing comports with 

title 39 and the relevant Commission 

rules. Public Representative Comments 

at 1. He further states that the agreement 


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