50706 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0877] 

Drawbridge Operation Regulation; 

Cerritos Channel, Long Beach, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the 

Commodore Schuyler F. Heim 

drawbridge across Cerritos Channel, 

mile 4.9, at Long Beach, CA. The 

deviation is necessary to allow film 

industry use of the drawbridge. This 

deviation allows the bridge to remain 

secured at various elevations including 

the closed-to-navigation position during 

the filming operation. 

DATES: This deviation is effective from 

12 midnight October 1, 2009 through 5 

a.m. on October 5, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0877 and are available online by going 

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

USCG–2009–0877 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 rule, call or 

e-mail David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone 510–437–3516, e-mail 

David.H.Sulouff@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: Caltrans 

requested a temporary change to the 

operation of the Commodore Schuyler 

F. Heim highway bridge, mile 4.9 at 

Long Beach, CA. The drawbridge 

navigation span provides a vertical 

clearance of 37 feet above Mean High 

Water in the closed-to-navigation 

position and 163 feet in the full open to 

navigation position. Under the 

governing drawbridge regulation, 33 

CFR 117.147, the draw of the 

Commodore Schuyler F. Heim highway 

bridge, mile 4.9 at Long Beach, shall 

open on signal; except that, from 6:30 

a.m. to 8 a.m. and 3:30 p.m. to 6 p.m. 

Monday through Friday except Federal 

holidays, the draw need not be opened 

for the passage of vessels. The opening 

signal for the Commodore Schuyler 

Heim Bridge is three prolonged blasts. 

The acknowledging signal is two 

prolonged blasts followed by one short 

blast when the draw will open 

immediately and five short blasts when 

the draw will not open immediately. 

VHF–FM Channel 13 (156.65 MHZ) or 

other assigned frequencies may be used. 

Navigation on the waterway is 

commercial, recreational, search and 

rescue, and law enforcement. 

The drawspan will be secured at 

various elevations including the closedto-navigation position from 7 p.m. on 

September 18, 2009 through 5 a.m. on 

October 5, 2009, to allow film industry 

use of the drawbridge. The alternative 

path around Terminal Island will be 

available for routine and emergency 

navigation. This temporary deviation 

has been coordinated with commercial 

and recreational waterway users. No 

objections to the proposed temporary 

deviation were raised. 

Vessels that can transit the bridge, 

while in the closed-to-navigation 

position, should contact the Coast 

Guard Captain of the Port LA/LB, for 

information on waterway closures. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: September 18, 2009. 

J.R. Castillo, 

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

Eleventh Coast Guard District. 

[FR Doc. E9–23643 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1016] 

RIN 1625–AA87 

Security Zone; Naval Base Point Loma; 

San Diego Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is expanding 

a naval security zone. The expanded 

zone will encompass a nearby, separate 

security zone in its entirety. The 

subsumed security zone will be 

removed from the regulations. This 

action also includes the installation of 

water barriers within the expanded 

security zone. These water borne 

barriers will provide a line of 

demarcation and a defensive measure as 

a safeguard from destruction, loss, or 

injury from sabotage or other subversive 

acts, accidents, or other causes of a 

similar nature. No persons or vessel may 

enter or remain in the security zone 

without permission of the Captain of the 

Port, the Commander of Naval Base 

Point Loma, the Commander of Naval 

Region Southwest, or a designated 

representative of those individuals. 

DATES: This rule is effective November 

2, 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–2008–1016 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–1016 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 rule, call or 

e-mail Lieutenant Commander Mike 

Dolan, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7261, e-mail 

Michael.B.Dolan@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 February 11, 2009, we published 

a notice of proposed rulemaking 

(NPRM) entitled Security Zone; Naval 

Base Point Loma; San Diego Bay, San 

Diego, CA in the Federal Register (74 

FR 6842). We received no comments on 

the proposed rule. There were no 

requests for a public meeting, therefore 

no meeting was held. 

Background and Purpose 

The U.S. Navy requested an 

expansion of an existing security zone. 

The new zone will allow for installation 

of water barriers to provide a line of 

demarcation and defensive measures as 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50707 

a safeguard from destruction, loss, or 

injury from sabotage or other subversive 

acts, accidents, or other causes of 

similar nature. The expanded security 

zone will entirely subsume a nearby 

existing security zone, which will be 

removed. 

Discussion of Comments and Changes 

It was determined that Point B 

(32°42.48′ N, 117°14.17′ W) and Point C 

(32°42.17′ N, 117°14.00′ W) were plotted 

in the channel to the south entrance of 

Shelter Island. These points were 

brought out of the channel and the new 

coordinates are 32°42.48′ N, 117°14.22′ 

W (Point B) and 32°42.17′ N, 117°14.05′ 

W (Point C). 

Point H (32°41.04′ N, 117°14.14′ W) 

was relocated to 32°41.17′ N, 117°13.97′ 

W. The original point caused the 

security zone to run along the shoreline 

and was deemed unnecessary. 

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. 

This determination is based on the 

size and location of the security zone. 

Vessels do not routinely operate for 

commercial purposes within the area 

encompassed by the security zone 

expansion, which is currently within a 

charted restricted area (33 CFR 334.870). 

Recreational vessels will not be allowed 

to transit through the established 

security zone. 

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 San Diego Bay. 

This security zone will not have a 

significant economic impact on a 

substantial number of small entities 

because vessel traffic can pass safely 

around the security 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 

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 

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50708 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

1Request of the United States Postal Service to 

Add Parcel Select & Parcel Return Service Contract 

2 to Competitive Product List and Notice of 

Establishment of Rates and Class Not of General 

Applicability, August 21, 2009 (Request). 

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 023–1 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 changing and disestablishing a 

security 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. Revise § 165.1102 to read as 

follows: 

§ 165.1102 Security Zone; Naval Base 

Point Loma; San Diego Bay, San Diego, CA. 

(a) Location. The following area is a 

security zone: The water adjacent to the 

Naval Base Point Loma, San Diego, CA, 

enclosed by the following coordinates: 

32°42.48′ N, 117°14.22′ W (Point A); 

32°42.48′ N, 117°14.21′ W (Point B); 

32°42.17′ N, 117°14.05′ W (Point C); 

32°41.73′ N, 117°14.21′ W (Point D); 

32°41.53′ N, 117°14.23′ W (Point E); 

32°41.55′ N, 117°14.02′ W (Point F); 

32°41.17′ N, 117°13.95′ W (Point G); 

32°41.17′ N, 117°13.97′ W (Point H); 

thence running generally north along 

the shoreline to Point A. 

(b) Regulations. (1) The general 

regulations governing security zones 

found in 33 CFR 165.33 apply to the 

security zone described in paragraph (a) 

of this section. 

(2) Entry into, or remaining in, the 

area of this zone is prohibited unless 

authorized by the Captain of the Port 

San Diego; Commanding Officer, Naval 

Base Point Loma; or Commander, Navy 

Region Southwest. 

(3) Persons desiring to transit the area 

of the security zone may request 

permission from the Captain of the Port 

San Diego at telephone number (619) 

278–7033 or on VHF channel 16 (156.8 

MHz) or from either the Commanding 

Officer, Naval Base Point Loma or the 

Commander, Navy Region Southwest by 

calling the Navy Port Operation 

Dispatch at telephone number (619) 

556–1433 or on VHF–FM channels 16 or 

12. If permission is granted, all persons 

and vessels must comply with the 

instructions of the Captain of the Port 

San Diego or his or her designated 

representative. 

(c) Definitions. For purposes of this 

section: Captain of the Port San Diego, 

means the Commanding Officer of the 

Coast Guard Sector San Diego; 

Commander, Navy Region Southwest, 

means Navy Region Commander 

responsible for the Southwest Region; 

Commanding Officer, Naval Base Point 

Loma, means the Installation 

Commander of the naval base located on 

Point Loma, San Diego, California; 

Designated Representative, means any 

U.S. Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

San Diego to assist in the enforcement 

of the security zone described in 

paragraph (a) of this section. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the security zone 

described in paragraph (a) of this 

section by the U.S. Navy and local law 

enforcement agencies. 

■ 3. Remove § 165.1103. 

Dated: May 1, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–23642 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–40 and CP2009–61; 

Order No. 295] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Parcel Select & Parcel Return Service 

Contract 2 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 1, 2009 and is 

applicable beginning September 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History, 74 FR 44881 

(August 31, 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 Parcel Select & 

Parcel Return Service Contract 2 to the 

Competitive Product List. For the 

reasons discussed below, the 

Commission approves the Request. 

II. Background 

On August 21, 2009, the Postal 

Service filed a formal request pursuant 

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

et seq., to add Parcel Select & Parcel 

Return Service Contract 2 to the 

Competitive Product List.1 The Postal 

Service asserts that the Parcel Select & 

Parcel Return Service Contract 2 

product is a competitive product ‘‘not of 

general applicability’’ within the 

meaning of 39 U.S.C. 3632(b)(3). Id. at 

1. The Request has been assigned 

Docket No. MC2009–40. 

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. Id. The contract has been 

assigned Docket No. CP2009–61. 

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