Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 54483 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0870] 

RIN 1625–AA00 

Safety Zone; Waters Surrounding M/V 

Guilio Verne and Barge Hagar for the 

Transbay Cable Laying Project, San 

Francisco Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone in the navigable waters of San 

Francisco Bay surrounding the Motor 

Vessel (M/V) Guilio Verne and barge 

Hagar while engaged in cable laying 

operations. 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 or his designated 

representative. This safety zone is 

necessary to protect persons and 

property from hazards associated with 

the cable laying operations. 

DATES: This temporary final rule is 

effective from 12 a.m. on October 22, 

2009, until 11:59 p.m. on December 1, 

2009. This temporary final rule is 

enforceable with actual notice by Coast 

Guard personnel beginning October 7, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0870 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0870 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 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) 399–7443 or email at 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 

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. The safety zone is necessary 

to protect the safety of persons and 

property in the area from the dangers 

posed by the offloading of heavy 

equipment. Delaying the effective date 

of the safety zone would expose 

members of the public to those dangers, 

and would be contrary to the public 

interest. 

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. Any 

delay in the effective date of this rule 

would expose members of the public to 

the dangers associated with offloading 

heavy equipment. 

Background and Purpose 

The Transbay Cable Laying project is 

necessary to deliver electrical current 

from a decommissioned power plant in 

Pittsburg, CA to a power plant in San 

Francisco to provide the city with 

energy. 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 into the 

safety zone without specific 

authorization from the Captain of the 

Port or his designated representative. 

Discussion of Rule 

This temporary moving safety zone 

will remain in effect from 12 a.m. 

October 7, 2009 through 11:59 p.m. 

December 1, 2009 and includes all 

waters extending from the surface area 

to the sea floor within 1,000 feet of the 

vessel and barge. 

The effect of the temporary moving 

safety zone will be to restrict navigation 

in the vicinity of the cable laying 

operations while the cable is being 

deployed and buried. 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 needed to 

keep spectators and vessels a safe 

distance away from the vessel to ensure 

the safety of participants, spectators, 

and 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 

temporary moving 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 temporary moving 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 the San Francisco Bay to 

engage in these activities; (iii) this rule 

will encompass only a small portion of 


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54484 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 

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 affect 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 023.1 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 because the 

rule involves establishing 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; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 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–T11–243 to 

read as follows: 

§ 165–T11–243 Safety Zone; Transbay 

Cable Laying Project, San Francisco Bay, 

CA. 

(a) Location. The following area is a 

temporary moving safety zone: All 

waters of San Francisco Bay up to 

Pittsburg, CA, from surface to bottom, 

within 1,000 feet of the M/V Guilio 

Verne and the barge Hagar. 

(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, or local officer 


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Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Rules and Regulations 54485 

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 temporary moving 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 a.m. on October 7, 

2009 through 11:59 p.m. on December 1, 

2009. 

Dated: October 6, 2009. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. E9–25393 Filed 10–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 20 

Nonmailable Items Prohibited in All 

Outbound International Mail—Update 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

and adding new standards which codify 

that replica and inert explosive devices, 

and counterfeit and pirated items are 

nonmailable in outbound international 

mail. 

DATES: Effective Date: January 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Rick 

Klutts, 813–877–0372. 

SUPPLEMENTARY INFORMATION: Consistent 

with Proposals 20.15.2 and 20.15.6— 

adopted by the 24th Congress of the 

Universal Postal Union (UPU) in Geneva 

Switzerland on July 23–August 12, 

2008,—that amend Article 15 of the 

UPU Convention, we are revising 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM®) to make replica and 

inert explosive devices and counterfeit 

and pirated items nonmailable. 

Replica and Inert Explosive Devices 

Consistent with Proposal 20.15.2, this 

prohibition is intended to apply to 

devices that were originally designed for 

military or combat use (including 

training) and is also extended to replicas 

of such items. Specific items include 

replica and inert explosive devices and 

military ordnance, such as grenades, 

ammunition, shells and the like. 

This prohibition does not extend to 

items such as children’s toys or articles 

that do not represent such items in a 

realistic manner. 

Counterfeit or Pirated Articles 

Consistent with UPU Proposal 

20.15.6, this prohibition is intended to 

reduce the circulation of counterfeit and 

pirated articles between UPU members. 

The prohibition also illustrates that the 

UPU’s members actively support the 

World Customs Organization’s current 

campaign to thwart production and 

circulation of counterfeited and pirated 

products, such as dangerous toys and 

electrical items, dangerous counterfeit 

medicines and counterfeit branded 

goods, which do economic harm to 

domestic and international companies. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

■ Accordingly, 39 CFR part 20 is 

amended as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 20 is revised to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 39 U.S.C. 101, 401, 403, 404, 407, 408, 

414, 416, 3001–3011, 3201–3219, 3403–3406, 

3621, 3622, 3626, 3632, 3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) as follows: 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) 

1 International Mail Services 

* * * * * 

130 Mailability International Mail 

Services 

* * * * * 

[Revise 136 in its entirety as follows:] 

* * * * * 

136 Nonmailable Goods 

136.1 Dangerous Goods 

The following dangerous goods 

(hazardous materials, as defined in 

DMM 601) are prohibited in outbound 

international mail: 

a. Explosives or explosive devices. 

b. Flammable materials. 

1. Pyrophoric, flammable, or 

combustible liquids with a closed cup 

flash point below 200 °F. 

2. Flammable solids, including 

matches. 

c. Oxidizers. 

d. Corrosives, liquid or solid. 

e. Compressed gases. 

1. Flammable. 

2. Nonflammable with an absolute 

pressure exceeding 40 psi at 70 °F or 

104 psi at 130 °F. 

f. Poisons, irritants, controlled 

substances, and drug paraphernalia. 

g. Magnetized material with a 

magnetic field strength of .002 gauss or 

more at a distance of 7 feet. 

h. Dry ice (carbon dioxide solid). 

136.2 Replica and Inert Explosive 

Devices 

The following types of replica or inert 

explosive devices are prohibited in 

outbound international mail: 

1. Military ordnance, ammunition, 

and shells. 

2. Grenades. 

3. Similar devices that were originally 

designed for military or combat use 

(including training). 

This prohibition does not extend to 

items such as children’s toys or articles 

that do not represent such items in a 

realistic manner. 

136.3 Counterfeit and Pirated Items 

Any type of counterfeit or pirated 

article is prohibited in outbound 

international mail. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–25363 Filed 10–21–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0599; FRL–8971–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision to Clean Air Interstate Rule 

Sulfur Dioxide Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 


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