26954 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that 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 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), 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 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. From 6 a.m. on June 1, 2009 to 6 

p.m. on November 15, 2010, temporarily 

add paragraph (c) to § 117.1101 to read 

as follows: 

§ 117.1101 Sturgeon Bay. 

* * * * * 

(c) The draw of the Maple-Oregon 

Bridge at Mile 4.17 at Sturgeon Bay, 

shall operate as follows: 

(1) From June 1 through December 31, 

2009, and from March 15 through 

November 15, 2010 the draw need open 

for recreational vessels only on the 

hour, 24 hours a day. 

(2) Commercial and Public vessels 

shall be passed at all times. 

(3) From January 1 through March 14, 

2010, the draw shall open on signal for 

all vessels if notice is given at least 12 

hours in advance of a vessel’s intended 

time of passage. 

Dated: May 18, 2009. 

D.R. Callahan, 

Captain, U.S. Coast Guard, Commander, 

Ninth Coast Guard District, Acting. 

[FR Doc. E9–13103 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0120] 

RIN 1625–AA00 

Safety Zone; Coronado Fourth of July 

Fireworks; San Diego Bay, San Diego, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San Diego 

Bay in support of the Coronado Fourth 

of July Fireworks. This temporary safety 

zone is necessary to provide for the 

safety of crew, spectators, and other 

users and vessels of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this temporary safety 

zone unless authorized by the Captain 

of the Port or his designated 

representative. 

DATES: This rule is effective from 8:45 

p.m. to 9:30 p.m. on July 4, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0120 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– 

2009–0120 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 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 

On April 27, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Coronado Fourth 

of July Fireworks; San Diego Bay, San 

Diego, CA in the Federal Register (74 

FR 19034). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

Coronado 4th of July, Inc. is 

sponsoring the Coronado Fourth of July 

Fireworks, which will include a 

fireworks presentation originating from 

a barge located in Glorietta Bay at 

approximately 32°40.68′ N, 117°10.18′ 

W. The safety zone will encompass all 

navigable waters within 1200 feet of the 


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Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26955 

fireworks barge. This temporary safety 

zone is necessary to provide for the 

safety of the crew, spectators, and other 

users and vessels of the waterway. 

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 determination is based on the 

size and location of the safety zone. 

Commercial vessels will not be 

hindered by the safety zone. 

Recreational vessels will not be allowed 

to transit through the established safety 

zone during the specified times unless 

authorized to do so by the Captain of the 

Port or his designated representative. 

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 

vessels intending to transit or anchor in 

a portion of the San Diego Bay from 8:45 

p.m. to 9:30 p.m. on July 4, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced only 45 minutes late in the 

evening when vessel traffic is low. 

Although the safety zone will apply to 

the entire width of Glorietta Bay, traffic 

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 publish a 

local notice to mariners (LNM) and will 

issue broadcast notice to mariners 

(BNM) alerts via marine channel 16 

VHF before the temporary safety zone is 

enforced. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 


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26956 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

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)(g), of the Instruction. This rule 

involves 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a new temporary zone 

§ 165.T11–176 to read as follows: 

§ 165.T11–176 Safety Zone; Coronado 

Fourth of July Fireworks; San Diego Bay, 

San Diego, CA. 

(a) Location. The limits of the safety 

zone are all the navigable waters within 

1200 feet of the fireworks barge located 

in Glorietta Bay at approximately 

32°40.68′ N, 117°10.18′ W. 

(b) Enforcement Period. This section 

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

p.m. on July 4, 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: May 5, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–13107 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN25 

Severance Pay, Separation Pay, and 

Special Separation Benefits 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

adjudication regulations to incorporate 

relevant statutory provisions regarding 

severance pay, separation pay, and 

special separation benefits. These 

amendments are necessary to conform 

the regulation to statutory provisions. 

DATES:

Effective Date: These amendments are 

effective June 5, 2009. 

Applicability Date: The amendment to 

38 CFR 3.700(a)(3) applies to members 

of the Armed Forces separated under 10 

U.S.C. chapter 61 on or after January 28, 

2008. The amendment to 38 CFR 

3.700(a)(5) applies to payments of 

special separation benefits made on or 

after December 5, 1991. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9725. 

SUPPLEMENTARY INFORMATION: We are 

amending 38 CFR 3.700 to implement 

statutory changes. 

38 CFR 3.700(a)(3)—Disability 

Severance Pay 

Section 1212 of title 10, United States 

Code, which authorizes disability 

severance pay, generally requires that 

the amount of disability severance pay 

received for a disability be deducted 

from any VA compensation awarded for 

the same disability. However, the 

National Defense Authorization Act for 

Fiscal Year 2008, Public Law 110–181, 

Div. A, Title XVI, Subtitle D, section 

1646(b), amended 10 U.S.C. 1212 to 

provide that no deduction may be made 

from VA compensation for disability 

severance pay received for disabilities 

incurred in line of duty in a combat 

zone or incurred during performance of 

duty in combat-related operations as 

designated by the Department of 

Defense (DoD). The DoD designation of 

whether a disability was incurred in a 

combat zone or incurred during 

performance of duty in combat-related 

operations will govern only whether a 

deduction may be made from VA 

compensation paid for the disability for 

which disability severance pay was 

received. VA will continue to determine 

whether the disability resulted from 

disease or injury incurred or aggravated 

in line of duty in active service for 

purposes of determining entitlement to 

VA disability compensation. The 

amendment applies to members of the 

Armed Forces separated from the 

Armed Forces under Chapter 61 of title 

10, United States Code, on or after 

January 28, 2008. 

Section 3.700(a)(3) is VA’s regulation 

governing offset of disability severance 

pay from VA compensation. Generally, 

an award of compensation will be made 

subject to recoupment of any disability 

severance pay received for the same 

disability. We are adding to the 

regulation a new provision specifying 

that there will be no recoupment of 

disability severance pay for disabilities 

identified by the DoD as being incurred 

in combat zones or during performance 

of duty in combat-related operations. 


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