Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 18295 

extending from the surface area to the 

sea floor within approximately 50 yards 

seaward from the moored vessel M/V 

ZHEN HUA 18 and encompasses all 

waters in an area created by connecting 

the following geographical positions: 

Latitude Longitude 

37°49′08′′ N 122°19′07′′ W 

37°49′05′′ N 122°19′30′′ W 

37°49′15′′ N 122°18′52′′ W 

37°49′18′′ N 122°18′56′′ W 

and along the shoreline back to the 

beginning point. These coordinates are 

based upon 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 and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23, 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 

designated 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 on 

VHF–16 or through the 24-hour 

Command Center at telephone (415) 

399–3547. 

(d) Effective period. This section is 

effective from 12 p.m. on April 14, 2009, 

through 11:59 p.m. on April 24, 2009. 

Dated: April 13, 2009. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. E9–9167 Filed 04–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0222] 

RIN 1625–AA00 

Safety Zone; April to May Naval 

Underwater Detonation; 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 April 

1, 2009 through June 1, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0222 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–2009–0222 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

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. 

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 vehicles in the vicinity of 

the Naval 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. Delaying 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 Officer in Charge (OIC) of the 

Southern California Offshore Range will 

be conducting intermittent training 

involving the detonation of military 

grade explosives underwater throughout 

April and May 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 

April 1, 2009 through June 1, 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 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 


dwashington3 on PROD1PC60 with RULES
18296 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 

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 

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 

commercial and recreational vessels 

intending to transit or anchor in a 

portion of the Northwest Harbor of San 

Clemente Island from April 1, 2009 

through June 1, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Vessel traffic can 

pass safely around the safety zone. 

Although the safety zone will apply to 

the harbor, commercial and recreational 

vessels will be allowed to pass through 

the zone with the permission of the 

Coast Guard patrol commander. Before 

the effective period, the Coast Guard 

will issue a broadcast notice to mariners 

(BNM) alert. 

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 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 18297 

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 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 the temporary 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; 

Public Law 107–295; 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add a new temporary § 165.T11– 

173 to read as follows: 

§ 165.T11–173 Safety Zone; April to May 

Naval Underwater Detonation; Northwest 

Harbor, San Clemente Island, CA. 

(a) Location. The limits of the safety 

zone will include 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 the coast of San 

Clemente Island to 33.02′06′′ N, 

118.35′36′′ W. 

(b) Enforcement Period. This section 

will be enforced from 12 a.m. on April 

1, 2009 through 12 a.m. on June 1, 2009. 

If the training is concluded prior to the 

scheduled termination time, the COTP 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Commissioned, Warrant, or Petty 

Officer of the Coast Guard, Coast Guard 

Auxiliary, or local, state, and federal 

law enforcement vessels who have been 

authorized to act on the behalf of the 

COTP. 

(2) Non-authorized personnel and 

vessels, means any civilian boats, 

fishermen, divers, and swimmers. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the COTP San Diego or his designated 

representative. 

(2) Non-authorized personnel and 

vessels requesting permission to transit 

through the safety zone may request 

authorization to do so from the COTP 

San Diego or his designated 

representative. They may be contacted 

on VHF–FM Channel 16, or at telephone 

number (619) 278–7033. 

(3) Naval units involved in the 

exercise are allowed in confines of the 

established safety zone. 

(4) All persons and vessels shall 

comply with the instructions of the 

Coast Guard COTP or his designated 

representative. 

(5) Upon being hailed by U.S. Coast 

Guard or other official personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

(6) The Coast Guard may be assisted 

by other federal, state, or local agencies 

and the U.S. Navy. 

Dated: March 27, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–9166 Filed 4–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 233 

Mail Covers 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The U.S. Postal Service is 

amending the Code of Federal 

Regulations to revise the definitions of 

sealed mail and unsealed mail to reflect 

current classifications. 

DATES: Effective Date: June 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Katz, Inspector in Charge, 

Office of Counsel, U.S. Postal Inspection 

Service, 202–268–7732. 

SUPPLEMENTARY INFORMATION: The 

current mail cover regulations provide 

definitions for sealed and unsealed 

mail. Certain words used (e.g., secondclass, third-class, and fourth-class mail) 

no longer reflect current classifications. 

The definitions of sealed and unsealed 

mail are revised to mirror mail 

classification definitions found in the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual, 

and in the International Mail Manual. 

List of Subjects in 39 CFR Part 233 

Administrative practice and 

procedure, Crime, Law enforcement, 

Penalties, Privacy. 

■ For the reasons stated in the preamble, 

the Postal Service amends 39 CFR part 

233 as set forth below: 

PART 233—[AMENDED] 

■ 1. The authority citation for part 233 

continues to read as follows: 

Authority: 39 U.S.C. 101, 102, 202, 204, 

401, 402, 403, 404, 406, 410, 411, 1003, 

3005(e)(1); 12 U.S.C. 3401–3422; 18 U.S.C. 

981, 1956, 1957, 2254, 3061; 21 U.S.C. 881; 

Omnibus Budget Reconciliation Act of 1996, 

sec. 662 (Pub. L. 104–208). 

■ 2. In § 233.3, the definitions of sealed 

mail and unsealed mail in paragraphs 

(c)(3) and (c)(4) are revised to read as 

follows; 

§ 233.3 Mail covers. 

* * * * * 

(c) * * * 

(3) Sealed mail is mail which under 

postal laws and regulations is included 

within a class of mail maintained by the 

Postal Service for the transmission of 

letters sealed against inspection. Sealed 

mail includes: First-Class Mail; Priority 

Mail; Express Mail; Express Mail 

International; Global Express 

Guaranteed items containing only 

documents; Priority Mail International 

flat-rate envelopes and small flat-rate 

boxes; International Priority Airmail, 

except M-bags; International Surface Air 

Lift, except M-bags; First-Class Mail 

International; Global Bulk Economy, 

except M-bags; certain Global Direct 

mail as specified by customer contract; 

and International Transit Mail. 

(4) Unsealed mail is mail which 

under postal laws or regulations is not 

included within a class of mail 

maintained by the Postal Service for the 

transmission of letters sealed against 

inspection. Unsealed mail includes: 

Periodicals; Standard Mail; Package 

Services; incidental First-Class Mail 

attachments and enclosures; Global 

Express Guaranteed items containing 

non-documents; Priority Mail 

International, except flat-rate envelopes 

and small flat-rate boxes; International 

Direct Sacks—M-bags; certain Global 

Direct mail as specified by customer 

contract; and all items sent via ‘‘Free 

Matter for the Blind or Handicapped’’ 


dwashington3 on PROD1PC60 with RULES