Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Rules and Regulations 24699 

(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 

Sector San Diego Command Center. The 

Command Center 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: May 5, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–12061 Filed 5–22–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0300] 

RIN 1625–AA00 

Safety Zone; Use of Force Training 

Flights, San Pablo 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 San Pablo Bay, 

California 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 small 

boats taking part in the exercises. Blank 

ammunition will be used during these 

exercises. 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 

May 5, 2009, to December 31, 2009. See 

SUPPLEMENTARY INFORMATION section for 

dates of actual training events. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0300 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–2009–0300 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 Lieutenant Junior 

Grade Simone Mausz U.S. Coast Guard 

Sector San Francisco; telephone (415) 

399–7442, e-mail, 

simone.mausz@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 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. The Coast Guard is 

establishing this safety zone to conduct 

mission-essential training directly 

related to military operations and 

national security. Accordingly, based on 

the military function exception to the 

Administrative Procedure Act, 5 U.S.C. 

553(a)(1), notice and comment 

rulemaking under 5 U.S.C. 553(b) and 

an effective date of 30 days after 

publication under 5 U.S.C. 553(d) are 

not required for this rule. 

Even if the Coast Guard were required 

to comply with the notice and comment 

provisions of the Administrative 

Procedure Act, under 5 U.S.C. 553(b)(B), 

we find that good cause exists for not 

publishing an NPRM. This exercise is 

necessary to train and qualify Coast 

Guard personnel in the use of weapons. 

This training is necessary to ensure that 

Coast Guard personnel are properly 

trained and qualified to conduct 

military and national security 

operations to secure ports and 

waterways. Failure to conduct this 

required training at this time will result 

in a lapse in personnel qualifications 

and, consequently, impair the ability of 

Coast Guard personnel to carry out 

important national security functions at 

any time. It is impracticable, 

unnecessary, and contrary to the public 

interest to delay the issuance of this 

rule. Further, any delay in the effective 

date of this rule would expose mariners 

to the potential hazards posed by the 

exercises. 

For the same reasons, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) 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 training flights on May 5, 

8, 19, 22; June 9, 11, 30; July 2, 14, 17, 

28, 31; and every Tuesday, Thursday, 

and Friday from August 1, 2009 to 

December 31, 2009 in the waters of San 

Pablo Bay, California. The exercises are 

designed to train and test Coast Guard 

personnel in the judgment and decisionmaking processes necessary to safely 

and effectively employ use of force 

during homeland security incidents. 

The training will generally involve the 

use of Coast Guard helicopters to 

intercept fast-moving, evasive small 

boats on the water. The helicopter crews 

will fire weapons at the small boats 

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, California. 

During the exercises, the safety zone 

applies to the waters, from the surface 

to the seafloor, enclosed within lines 

connecting the following points: 

Beginning at 38°05′11′′ N, 122°22′10′′ W; 

thence to 38°03′44′′ N, 122°20′12′′ W; 

thence to 38°00′41′′ N, 122°25′28′′ W; 

thence to 38°01′45′′ N, 122°26′38′′ W; 

thence back to 38°05′11′′ N, 122°22′10′′ 

W (NAD 83). 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the exercises. 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 

small boats 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. 

24700 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Rules and Regulations 

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 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 

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 San Pablo Bay to engage in 

these activities; (iii) this rule will 

encompass only a small portion of the 

waterway for a limited period of time; 

and, (iv) the maritime public will be 

advised in advance 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 

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 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Rules and Regulations 24701 

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, from further 

environmental documentation because 

this 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, 

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.T11–194 to 

read as follows: 

§ 165.T11–194 Safety Zone; Coast Guard 

Air Station San Francisco Airborne Use of 

Force Judgmental Training Flights. 

(a) Location. The following area is a 

safety zone: All waters of San Pablo Bay, 

California from surface to bottom, 

encompassed by lines connecting the 

following points: Beginning at 38°05′11′′ 

N, 122°22′10′′ W; thence to 38°03′44′′ N, 

122°20′12′′ W; thence to 38°00′41′′ N, 

122°25′28′′ W; thence to 38°01′45′′ N, 

122°26′38′′ W; thence back to 38°05′11′′ 

N, 122°22′10′′ 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) Effective period. This section is 

effective from 9 a.m. to 11 p.m., each 

day, May 5, 8, 19, 22; June 9, 11, 30; July 

2, 14, 17, 28, 31; and every Tuesday, 

Thursday, and Friday from August 1, 

2009 to December 31, 2009. 

Dated: May 1, 2009. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. E9–12064 Filed 5–22–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0242] 

RIN 1625–AA00 

Safety Zone; Copper Canyon Clean Up; 

Lake Havasu, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone upon the 

navigable waters of Lake Havasu in 

support of the Copper Canyon Clean up. 

This safety zone is necessary to provide 

for the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

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. 

DATES: This rule is effective from 7 a.m. 

through 11 a.m. on May 26, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0242 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–2009–0242 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, and the Coast 

Guard Sector San Diego, 2710 N. Harbor 

Drive, San Diego, CA 92101–1064 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Shane Jackson, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA at 

telephone (619) 278–7262. 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 spectators, crew, 

participants, and other users and vessels 

of the waterway in the vicinity of the 

event 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. Any delay in the effective date 

of this rule would expose the divers to 

danger from transiting vessels. 

Background and Purpose 

The Lake Havasu Divers Association 

is sponsoring the Copper Canyon Clean 

up, which will involve 40 divers 

cleaning the river bottom in Lake 

Havasu. The safety zone will be a 500 

foot radius around the divers as they 

move along the river bottom.