9956 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

designated herein for the 2008–09 crop 

year apply to all NS raisins acquired 

during the crop year; (2) handlers are 

aware of this action, which was 

unanimously recommended at a public 

meeting, and need no additional time to 

comply with these percentages; and (3) 

this interim final rule provides a 60-day 

comment period, and all comments 

timely received will be considered prior 

to finalization of this rule. 

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 989 is amended to 

read as followed: 

PART 989—RAISINS PRODUCED 

FROM GRAPES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 989 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 989.257 is revised to read 

as follows: 

§ 989.257 Final free and reserve 

percentages. 

(a) The final percentages for the 

respective varietal type(s) of raisins 

acquired by handlers during the crop 

year beginning August 1, which shall be 

free tonnage and reserve tonnage, 

respectively, are designated as follows: 

Crop year Varietal type Free 

percentage 

Reserve 

percentage 

2003–04 ...................................................................... Natural (sun-dried) Seedless ..................................... 70 30 

2005–06 ...................................................................... Natural (sun-dried) Seedless ..................................... 82 .50 17 .50 

2006–07 ...................................................................... Natural (sun-dried) Seedless ..................................... 90 10 

2007–08 ...................................................................... Natural (sun-dried) Seedless ..................................... 85 15 

2008–09 ...................................................................... Natural (sun-dried) Seedless ..................................... 87 13 

(b) The volume regulation percentages 

apply to acquisitions of the varietal type 

of raisins for the applicable crop year 

until the reserve raisins for that crop are 

disposed of under the marketing order. 

Dated: March 3, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–4851 Filed 3–6–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0063] 

RIN 1625–AA00 

Safety Zone; Coast Guard Air Station 

San Francisco Airborne Use of Force 

Judgmental Training Flights 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of the San Pablo 

Bay, CA for training purposes. This 

safety zone is established to ensure the 

safety of the public and participating 

crews from potential hazards associated 

with fast-moving Coast Guard 

smallboats taking part in the exercise. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without permission of the Captain of the 

Port San Francisco or his designated 

representative. 

DATES: This safety zone is effective from 

9 a.m. on February 10, 2009, until 10 

p.m. on March 20, 2009. 

ADDRESSES: Comments and materials 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket USCG–2009–0063 and are 

available online at http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0063 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 two locations: 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, and Coast 

Guard Sector San Francisco, 1 Yerba 

Buena Island, San Francisco, California 

94130, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Junior Grade 

Megan Clifford, U.S. Coast Guard Sector 

San Francisco, at (415) 399–7436. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

Due to the dynamic availability of 

Coast Guard assets to conduct this 

training, the Coast Guard is issuing this 

final rule without prior notice and 

opportunity to comment pursuant to 

authority under section (a)(1) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553). This provision creates a 

military function exception to the 

advance publication requirements. 

Because of the potential hazards posed 

by this exercise, the safety zone is 

necessary to provide for the safety of the 

public, participating vessels and crews, 

and other vessels transiting the area. For 

the safety concerns noted, it is in the 

public interest to have these regulations 

in effect during the event. 

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 mariners 

to the potential hazards posed by the 

exercises. For the same reasons as 

above, 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. 

Background and Purpose 

U.S. Coast Guard Air Station San 

Francisco will be conducting airborne 

use of force judgmental training flights 

with observers from the Coast Guard 

Aviation Training Center and Coast 

Guard Headquarters, on February 10, 

and March 5 through 20, 2009 

(excluding Saturdays and Sundays), in 

the waters of San Pablo Bay. The 

exercises are designed to train and test 

Coast Guard aviation personnel in the 

judgmental decision-making process 

necessary to safely and effectively 

employ use of force from a helicopter 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 9957 

during homeland security incidents. 

The training will generally involve the 

use of Coast Guard helicopters to 

intercept fast-moving, evasive 

smallboats on the water. The helicopter 

crews will fire weapons at the 

smallboats using blank ammunition and 

catch bags to ensure that cartridges and 

other debris do not fall to the water. 

This safety zone is issued to establish a 

temporary restricted area in San Pablo 

Bay around the training site. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone in the navigable 

waters of San Pablo Bay. During the 

exercises the safety zone applies to the 

navigable waters, from the surface to the 

seafloor, defined by enclosing an area 

between the following points: 38°05′11′′ 

N, 122°22′10′′ W; 38°03′44′′ N, 

122°20′12′′ W; 38°00′41′′ N, 122°25′28′′ 

W; and 38°01′45′′ N, 122°26′38′′ W (NAD 

83). 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the exercise. 

Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the restricted area. 

These regulations are intended to keep 

the public a safe distance away from the 

participating smallboats and to ensure 

the safety of transiting vessels. 

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 rule restricts access to 

the waters encompassed by the safety 

zone, the effect of the rule will not be 

significant because the safety zone is in 

an area of San Pablo Bay not heavily 

used by commercial traffic and because 

local waterway users will be notified via 

Broadcast Notice to Mariners to ensure 

minimum impact. The entities most 

likely to be affected are pleasure craft 

engaged in recreational activities. 

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 may affect owners and 

operators of pleasure craft engaged in 

recreational activities and sightseeing. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons: (i) Vessel traffic can pass safely 

around the area, (ii) vessels engaged in 

recreational activities and sightseeing 

have ample space outside of the effected 

portion of the San Pablo Bay to engage 

in these activities, (iii) this rule will 

encompass only a small portion of the 

waterway for limited periods of time, 

and (iv) the maritime public will be 

advised in advance of and during the 

enforcement of this safety zone via 

Broadcast Notice to Mariners. 

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 


dwashington3 on PROD1PC60 with RULES
9958 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Rules and Regulations 

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 5100.1 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 under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation because this temporary 

rule establishes 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, 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. 

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–T11–149 to 

read as follows: 

§ 165–T11–149 Safety Zone; Coast Guard 

Air Station San Francisco Airborne Use of 

Force Judgmental Training Flights. 

(a) Location. This temporary safety 

zone is established for the navigable 

waters of the San Pablo Bay, from the 

surface to the seafloor, defined by 

enclosing an area between the following 

points: 38°05′11′′ N, 122°22′10′′ W; 

38°03′44′′ N, 122°20′12′′ W; 38°00′41′′ N, 

122°25′28′′ W; and 38°01′45′′ N, 

122°26′38′′ W (NAD 83). 

(b) Definitions. As used in this 

section, ‘‘Designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel or a 

Federal, State, or local officer assisting 

the Captain of the Port (COTP) San 

Francisco in the enforcement of the 

safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23 of this title, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone by contacting the Patrol 

Commander on VHF–16 or through the 

Coast Guard Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This 

temporary rule will be enforced from 9 

a.m. to 5 p.m. on February 10, 2009, and 

from 10 a.m. to 10 p.m. on March 5–6, 

9–13, and 16–20, 2009. 

Dated: February 9, 2009. 

P.M. Gugg, 

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

Port, San Francisco. 

[FR Doc. E9–4894 Filed 3–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[R08–WY–2008–0001; FRL–8770–2] 

New Source Performance Standards; 

Supplemental Delegation of Authority 

to the State of Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delegation of authority; 

technical amendment. 

SUMMARY: The Wyoming Department of 

Environmental Quality submitted a 

request for an updated delegation of 

authority to implement and enforce the 

Federal New Source Performance 

Standards, including one new standard 

not previously delegated. EPA’s review 

of Wyoming’s updated regulations 

determined that they contain adequate 

and effective procedures for the 

implementation and enforcement of 

these Federal standards. This action 

informs the public of the updated 

delegation to Wyoming. 

EPA is also making a technical 

amendment to update the list of 

subparts delegated to Wyoming. 

DATES: This technical amendment is 

effective on March 9, 2009. The 

delegation of authority to Wyoming 

became effective on November 26, 2008. 

ADDRESSES: Copies of documents 

relevant to this action are available for 

public inspection at the Environmental 

Protection Agency (EPA), Region 8, Air 

Program, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. EPA requests that 

if at all possible, you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the materials. You may 

view the hard copy of the materials 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Amy Platt, EPA Region 8, at (303) 312– 

6449, or Platt.Amy@epa.gov. 

SUPPLEMENTARY INFORMATION: For the 

purpose of this document, we are giving 

meaning to certain words or initials as 

follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 


dwashington3 on PROD1PC60 with RULES