18290 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 

southeast via a straight line to intersect a 100- 

mile radius of the Fernando Luis Ribas 

Dominicci Airport at lat. 19°47′28′′ N., long. 

67°09′37′′ W., thence clockwise via a 100- 

mile radius of the Fernando Luis Ribas 

Dominicci Airport to lat. 18°53′05′′ N., long. 

67°47′43′′ W., thence from that point 

northwest via a straight line to intersect the 

point where the Santo Domingo FIR turns 

northwest at lat. 19°39′00′′ N., long. 69°09′00′′ 

W., thence from that point northeast along 

the San Juan CTA/FIR and Miami CTA/FIR 

boundary to the point of beginning. 

* * * * * 

Issued in Washington, DC, on April 15, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–9137 Filed 4–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM08–11–000] 

Version Two Facilities Design, 

Connections and Maintenance 

Reliability Standards 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule: correction. 

SUMMARY: This document corrects 

compliance filing deadline errors in a 

Final Rule that the Federal Energy 

Regulatory Commission published in 

the Federal Register on March 30, 2009. 

That action approved three revised 

Reliability Standards developed by the 

North American Electric Reliability 

Corporation (NERC), designated by 

NERC as FAC–010–2, FAC–011–2 and 

FAC–014–2, which set requirements for 

the development and communication of 

system operating limits of the BulkPower system for use in planning and 

operation horizons. 

DATES: Effective Date: April 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Cory 

Lankford (Legal Information), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, at (202) 502– 

6711. 

SUPPLEMENTARY INFORMATION: In FR 

Document E–9–6823, published March 

30, 2009 (74 FR 14008), make the 

following corrections to compliance 

filing dates: 

1. On page 14014, column 2, the last 

sentence of paragraph 50 is corrected to 

read: ‘‘The ERO shall submit its 

revisions to the Commission within 30 

days from the effective date of this final 

rule, as discussed above and as 

indicated in Attachment A.’’ 

2. On page 14016, column 1, the last 

sentence of paragraph 65 is corrected to 

read: ‘‘The ERO shall submit its 

revisions to sub-requirements R4.1 

through R4.3 to the Commission within 

30 days of the effective date of this final 

rule, as discussed above and as 

indicated in Attachment A.’’ 

3. On page 14016, column 2, the last 

sentence of paragraph 71 is corrected to 

read: ‘‘The Commission therefore adopts 

the NOPR proposal agreed to by NERC 

and directs the ERO to file revised 

violation severity levels for FAC–011–2, 

Requirements R3 within 30 days of the 

effective date of this final rule, as 

discussed above and as indicated in 

Attachment A. 

4. On page 14017, column 1, the last 

sentence of paragraph 75 is corrected to 

read: ‘‘The ERO shall submit its 

revisions to sub-requirements R4.1 

through R4.3 to the Commission with 30 

days of the effective date of this final 

rule, as discussed above and as 

indicated in Attachment A.’’ 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9169 Filed 4–21–09; 8:45 am] 

BILLING CODE P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule; correction. 

SUMMARY: The Pension Benefit Guaranty 

Corporation published in the Federal 

Register of April 15, 2009, a final rule 

informing the public of the interest rates 

and assumptions to be used under 

certain Pension Benefit Guaranty 

Corporation regulations. This document 

corrects an inadvertent error in that 

final rule. 

DATES: Effective May 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005, 

202–326–4024. (TTY/TDD users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

published a document in the April 15, 

2009, Federal Register (74 FR 17395), 

informing the public of the interest rates 

and assumptions to be used under 

certain Pension Benefit Guaranty 

Corporation regulations. This document 

corrects an inadvertent error in that 

final rule. 

■ In FR Doc. E9–8674, published on 

April 15, 2009 (74 FR 17395), make the 

following corrections. 

Appendix B to Part 4022—[Corrected] 

■ 1. On page 17396, in the table for 

Appendix B to Part 4022, under 

‘‘Immediate annuity rate (percent)’’, 

remove the figure ‘‘3.25’’, and add, in its 

place, ‘‘3.50’’. 

Appendix C to Part 4022—[Corrected] 

■ 2. On page 17396, in the table for 

Appendix C to Part 4022, under 

‘‘Immediate annuity rate (percent)’’, 

remove the figure ‘‘3.25’’, and add, in its 

place, ‘‘3.50’’. 

Issued in Washington, DC, on this 16th day 

of April 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–9212 Filed 4–21–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–1268] 

RIN 1625–AA08 

Special Local Regulation; Volvo Ocean 

Race 2009, Nahant, Boston Harbor, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

during the Volvo Ocean Race 2009 InPort Race to be held on Broad Sound, 

off Nahant, Massachusetts, on May 9, 

2009. This special local regulation is 

necessary to provide for the safety of life 

on navigable waters during the event. 

This proposed action is intended to 

restrict vessel traffic before, during and 

after the race. 

DATES: This rule is effective from 10:30 

a.m. through 4 p.m. on May 09, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 


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Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 18291 

1268 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–2008–1268 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 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 Chief Eldridge 

McFadden, Sector Boston, Waterways 

Management, telephone 617–223–5160, 

e-mail Eldridge.C.Mcfadden@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. 

Concerns raised by the Stellwagen 

Banks National Marine Sanctuary, a 

division of NOAA, prompted the race 

sponsors to reevaluate certain details of 

the race, including its course. Certain 

details, including the course for the 

race, were eventually changed due to 

these concerns. The lack of certainty 

until the recent finalization of all race 

details delayed the creation of the 

rulemaking for this event, which made 

it impracticable to create a Notice of 

Proposed Rulemaking. 

For the same reasons, 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 

The Volvo Ocean Race, formerly the 

Whitbread Round the World Race, is a 

yacht race around the world, held every 

three years. The current race started in 

Alicante, Spain on October 11, 2008, 

and has been traveling internationally 

from port to port. In addition to a timed 

race between ports, some of the ports 

host an In-Port Race for points. This 

special local regulation addresses the InPort Race which is to take place within 

the area of responsibility of the Captain 

of the Port Boston. Broad Sound is an 

area which is commonly used as a 

fishing area. To ensure the unimpeded 

sailing of the races and to prevent 

damage to equipment and danger to any 

potential fishermen or sailors in this 

area, a special local regulation is 

necessary. On May 9, 2008, the Volvo 

Ocean Race coordinators intend to hold 

an In-Port Race on the waters of Broad 

Sound in Boston Harbor. The event will 

consist of up to eight sailing yachts on 

a course within a 1-mile radius circular 

area. A fleet of spectator vessels are 

expected to gather near the event site to 

view the competition. To provide for the 

safety of participants, spectators and 

other transiting vessels, the Coast Guard 

will temporarily restrict vessel traffic in 

the event area during the race. The 

event coordinators have been in contact 

with members of the local communities 

affected including the harbormasters of 

Boston, Nahant and Winthrop, 

Massachusetts as well as local 

fishermen, to request support and 

inform them of the plans. 

Discussion of Rule 

This ruling proposes to create a 

Special Local Regulation encompassing 

a two-mile wide sailing race area and 

associated spectator area with a center 

point of 42°23′ N., 70°55′45′′ W., within 

Broad Sound, Nahant, Massachusetts 

from 10:30 a.m. to 4 p.m. on May 9, 

2009. The regulation will be in effect for 

only five and one half hours, after 

which time the area will be opened to 

all vessel traffic. The course of the race 

itself will be within the two-mile 

diameter area and will be set up and 

marked with sailing buoys according to 

the winds the day of the race. Except for 

participants and spectator vessels or 

other vessels as authorized by the Coast 

Guard Patrol Commander, no person or 

vessel will be allowed to enter or remain 

in the regulated area during the 

enforcement period. 

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 rule is not a significant 

regulatory action as it is a temporary 

event which will be in effect only for a 

short period of time. Although this 

regulation would prevent traffic from 

transiting a portion of the Broad Sound 

during the event, the effect of this 

regulation would not be significant due 

to the limited duration that the 

regulated area would be in effect and 

the extensive advance notification and 

outreach the Volvo Ocean Race 

coordinators have made to the maritime 

community, as well as via broadcast and 

local notice to mariners, so mariners can 

adjust their plans accordingly. 

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 proposed rule would affect the 

following entities, some of which might 

be small entities: Fishermen, and the 

owners or operators of vessels intending 

to transit, fish or anchor in a portion of 

Broad Sound, Massachusetts, from 10:30 

a.m. to 4 p.m. on May 9, 2009. 

This special local regulation would 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons: This rule 

would be in effect for only five and a 

half hours and vessel traffic could pass 

around the regulated area. Before the 

effective period, we will issue maritime 

advisories widely available to users of 

the sound. 

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 


dwashington3 on PROD1PC60 with RULES
18292 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 

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 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)(h), of the Instruction. This rule 

involves the creation of a special local 

regulation for a marine event of limited 

duration. Under figure 2–1, paragraph 

(34)(h), of the Instruction, an 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35–T01– 

1268 to read as follows: 

§ 100.35–T01–1268 Volvo Ocean Race 

2009, Broad Sound, Nahant, Massachusetts. 

(a) Regulated area. A zone comprised 

of a circle two nautical miles in 

diameter with the center point at 

position 42°23′00′′ N., 070°55′45′′ W. 

(b) Special Local Regulation. The 

regulated area is closed to all transiting 

traffic except that traffic involved in, 

supporting or viewing the Volvo Ocean 

Race. 

(c) Effective dates. This regulation is 

effective from 10:30 a.m. to 4 p.m. on 

May 9, 2009. 

(d) Definitions. (1) Patrol vessel means 

any Coast Guard vessel designated as 

Patrol Commander. 

(2) The Coast Guard Patrol 

Commander is a commissioned, 

warrant, petty officer of the Coast Guard 

who has been designated by 

Commander, Coast Guard Sector Boston. 

The Patrol Commander is empowered to 

control movement of vessels in the 

regulated area and adjoining waters 

during the hours these regulations are in 

effect. 

(3) A succession of sharp, short 

signals by whistle, siren, or horn from 

vessels patrolling the area shall serve as 


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Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 18293 

a signal to stop. Vessels or persons 

signaled shall stop and shall comply 

with the orders of the patrol vessels. 

Failure to due so may result in the 

expulsion from the area, citation for 

failure to comply, or both. 

(4) Any spectator vessel may anchor 

outside the regulated area specified in 

paragraph (a) of this section, but may 

not block a navigable channel. 

Dated: March 10, 2009. 

Gail P. Kulisch, 

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

Port Boston. 

[FR Doc. E9–9165 Filed 4–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0278] 

RIN 1625–AA00 

Safety Zone; Waters Surrounding 

Berth 7 at the Port of Oakland, San 

Francisco Bay, CA 

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 

Francisco Bay, CA at Berth 7 at the Port 

of Oakland during the offloading of the 

ZHEN HUA 18. Unauthorized persons 

or vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without the permission 

of the Captain of the Port or his 

designated representative. 

DATES: This rule is effective from noon 

on April 14, 2009, through 11:59 p.m. 

on April 24, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0278 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–2009–0278 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 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 Lieutenant Junior Grade 

Simone Mausz, U.S. Coast Guard Sector 

San Francisco, at (415) 399–7442. 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 the 

event would occur before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the offloading of heavy 

equipment onboard this vessel, the 

safety zone is necessary to provide for 

the safety of other vessels transiting the 

area. For the safety concerns noted, it is 

in the public interest to have these 

regulations in effect during the offload. 

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. The Coast Guard was only 

recently notified of the safety concerns, 

and any delay in the effective date of 

this rule would expose mariners to the 

dangers posed by the equipment being 

offloaded. 

Background and Purpose 

The M/V ZHEN HUA 18 will be 

delivering heavy equipment and 

materials for use in the construction of 

the San Francisco-Oakland Bay Bridge 

project. This rule is necessary for the 

safety of the public and vessels 

transiting to other berths during the 

offload of this cargo. This rule prohibits 

entry of any vessel or person inside the 

safety zone without specific 

authorization from the Captain of the 

Port or his designated representative. 

Discussion of Rule 

This safety zone will remain in effect 

from noon on April 14, 2009, through 

11:59 p.m. April 24, 2009, and includes 

all waters extending from the surface 

area to the sea floor within 

approximately 50 yards seaward from 

the moored vessel and encompasses all 

waters in San Francisco Bay within an 

area created by connecting the following 

geographical positions: From latitude 

37°49′08′′ N and longitude 122°19′07′′ 

W; thence to latitude 37°49′05′′ N and 

longitude 122°19′30′′ W; thence to 

latitude 37°49′15′′ N and longitude 

122°18′52′′ W; thence to latitude 

37°49′18′′ N and longitude 122°18′56′′ 

W; thence along the shoreline back to 

the beginning point. 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the berth while the 

equipment is offloaded. Except for 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the restricted area. 

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 this rule will not be 

significant because vessels will be able 

to safely transit around the area and the 

local waterway users will be notified via 

public Broadcast Notice to Mariners to 

ensure the safety zone will result in 

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 


dwashington3 on PROD1PC60 with RULES