Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15419 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

Tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule 

does not use technical standards. 

Therefore, we did not consider the use 

of voluntary consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

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 made a preliminary determination 

this action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. An 

environmental analysis checklist 

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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 proposes to 

amend 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, 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add a new temporary zone 

§ 165.T11–162 to read as follows: 

§ 165.T11–162 Safety Zone; Paradise Point 

Resort Fourth of July Fireworks; Mission 

Bay, San Diego, CA. 

(a) Location. The limits of the safety 

zone are all the navigable waters within 

600 feet of the fireworks barge located 

at approximately 32°46.36′ N, 

117°14.57′ W. 

(b) Enforcement Period. This section 

will be enforced from 8:45 p.m. to 9:30 

p.m. on July 3, 2009. If the event 

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: 

Designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) 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 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(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 shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: March 16, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–7659 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 218 

RIN 0648–AX10 

Taking and Importing Marine 

Mammals; U.S. Navy Training in the 

Cherry Point Range Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On March 16, 2009, the 

NMFS published its proposed 

regulations to govern the take of marine 

mammals incidental to training 

activities conducted within the U.S. 


pwalker on PROD1PC71 with PROPOSALS
15420 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

Navy’s Cherry Point Range Complex for 

the period of May 2009 through May 

2014. The Federal Register notice 

indicated that written comments were 

due by April 6, 2009, which allowed 21 

days for public input. In response to a 

request from the Marine Mammal 

Commission, NMFS has decided to 

extend the public comment period by 7 

days, to April 13, 2009, which allows 28 

days for public input. 

DATES: The public comment period for 

this action has been extended from 

April 6, 2009 to April 13, 2009. Written 

comments and information must be 

received no later than April 13, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AX10, by any one of 

the following comments methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Hand delivery or mailing of paper, 

disk, or CD–ROM comments should be 

addressed to Michael Payne, Chief, 

Permits, Conservation, and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East–West Highway, Silver Spring, MD 

20910–3225. 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter NA in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, 301–713–2289. 

SUPPLEMENTARY INFORMATION: 

Background information concerning the 

proposed regulations can be found in 

the March 16, 2009 Federal Register 

notice (74 FR 11052), and is not 

repeated here. For additional 

information regarding the proposed 

regulations and the Navy’s associated 

Environmental Impact Statement, please 

visit NMFS’ website at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. 

Dated: March 31, 2009. 

Tammy Adams, Ph.D., 

Acting Chief, Division of Permits, 

Conservation, and Education, Office of 

Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E9–7703 Filed 4–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0811201490–9322–02] 

RIN 0648–AX42 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Central Gulf of Alaska 

Rockfish Program; Amendment 85 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 85 to the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska. The 

proposed regulations would amend the 

Central Gulf of Alaska Rockfish Program 

to remove a restriction that prohibits 

certain catcher/processors from 

participation in directed groundfish 

fisheries in the Bering Sea and Aleutian 

Islands Management Area in July. This 

action is necessary to improve flexibility 

and reduce operating costs for catcher/ 

processors that participate in the Central 

Gulf of Alaska Rockfish Program. This 

action is intended to promote the goals 

and objectives of the Magnuson–Stevens 

Fishery Conservation and Management 

Act, the Fishery Management Plan for 

Groundfish of the Gulf of Alaska, and 

other applicable law. 

DATES: Comments must be received no 

later than May 21, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

AX42,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: 907–586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of Amendment 85 to the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska, the 

Regulatory Impact Review (RIR), the 

Initial Regulatory Flexibility Analysis 

(IRFA), the categorical exclusion 

prepared for this action, and the 

Environmental Assessment (EA), RIR, 

and Final Regulatory Flexibility 

Analysis (FRFA) prepared for the 

Central Gulf of Alaska Rockfish Program 

are available from the NMFS Alaska 

Region at the address above or from the 

Alaska Region website at http:// 

www.alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228 or Rachel 

Baker, 907–586–7425. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone of Alaska are managed 

under the Fishery Management Plan for 

Groundfish of the Gulf of Alaska (GOA 

FMP) and the Fishery Management Plan 

for Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI FMP). The North Pacific Fishery 

Management Council (Council) 

prepared both FMPs under the authority 

of the Magnuson–Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. Regulations 

implementing the FMPs appear at 50 

CFR part 679. General regulations 

governing U.S. fisheries also appear at 

50 CFR part 600. 

Section 802 of the Consolidated 

Appropriations Act of 2004 (Public Law 

108—199) required that the Secretary of 

Commerce, in consultation with the 

Council, establish a program that 

recognized the historical participation 

of fishing vessels and fish processors for 

rockfish harvested in the Central GOA. 

Congress specified several aspects of the 

Central GOA Rockfish Program 

(Rockfish Program). Section 802 states 


pwalker on PROD1PC71 with PROPOSALS