26788 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

$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 023–01 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 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 involves the 

establishment of a safety zone in the 

vicinity of a marine regatta. This rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. 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.T11–140 to read as follows: 

§ 165.T11–140 Safety Zone: Dutch Shoe 

Regatta; San Diego Harbor, San Diego, CA. 

(a) Location. The limits of the safety 

zone will encompass the following 

coordinates: 32°42.48′ N, 117°14.00′ W; 

32°42.17′ N, 117°14.08′ W; 32°41.96′ N, 

117°13.60′ W; 32°42.19′ N, 117°13.50′ 

W. 

(b) Enforcement Period. This safety 

zone will be enforced from 11 a.m. to 3 

p.m. on July 24, 2009. If the need for the 

safety zone ends before the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone. 

(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) In accordance 

with the general regulations in § 165.23 

of this part, entry into, transit through, 

or anchoring within this zone by all 

vessels is prohibited, unless authorized 

by the Captain of the Port, or his 

designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Communications 

Center (COMCEN). The COMCEN may 

be contacted via VHF–FM channel 16 or 

(619) 278–7033. 

(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 18, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–12981 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 9 

RIN 2900–AN00 

Servicemembers’ Group Life Insurance 

Traumatic Injury Protection Program 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, without change, an interim 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26789 

final rule amending the Department of 

Veterans Affairs (VA) regulation 

regarding the Servicemembers’ Group 

Life Insurance traumatic injury 

protection (TSGLI) program. The 

amendment was necessary in order to 

add losses that would be covered under 

the program and to define terms that are 

relevant to these new losses. The final 

rule also clarifies existing language in 

the regulation and reorganizes several 

existing provisions. 

DATES: Effective Date: June 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeanne King, Attorney-Advisor, 

Department of Veterans Affairs Regional 

Office and Insurance Center (310/290B), 

P.O. Box 8079, Philadelphia, 

Pennsylvania 19101, (215) 842–2000, 

ext. 4839 (This is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: An 

interim final rule amending VA’s 

regulation regarding the added losses to 

the TSGLI program, the clarification of 

existing language, and the 

reorganization of certain provisions was 

published in the Federal Register on 

November 26, 2008 (73 FR 71926). 

We provided a 30-day comment 

period that ended on December 26, 

2008. No comments were received. 

Based on the rationale set forth in the 

interim final rule, we now adopt the 

interim final rule as a final rule without 

change. 

Administrative Procedure Act 

This document, without change, 

affirms the amendment made by the 

interim final rule that is already in 

effect. The Secretary of Veterans Affairs 

concluded that, under 5 U.S.C. 

553(b)(3)(B), there was good cause to 

dispense with the opportunity for prior 

comment with respect to this rule. The 

Secretary found that it was 

impracticable, unnecessary, and 

contrary to the public interest to delay 

this regulation for the purpose of 

soliciting prior public comment. 

Nevertheless, the Secretary invited 

public comment on the interim final 

rule but did not receive any comments. 

The amendment was consistent with the 

priorities established by Congress and 

was needed on an expedited basis 

because the prior version of the 

regulation would have precluded VA 

from providing a TSGLI payment for the 

other losses that the agency had 

determined should be added as a 

covered benefit under the program. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by the State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more (adjusted annually for inflation) in 

any given year. This final rule will have 

no such effect on State, local, and tribal 

governments, or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined to 

be a significant regulatory action under 

the Executive Order because it is likely 

to result in a rule that may raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

Paperwork Reduction Act 

This document expands the collection 

of information under the Paperwork 

Reduction Act (44 U.S.C. 3501–3521) 

(the Act). Accordingly, under section 

3507(d) of the Act, VA submitted a copy 

of the amended TSGLI form (titled 

Application for TSGLI Benefits Form) to 

OMB for its review of the proposed 

collection of information concurrent 

with the publication of the interim final 

rule. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601 et seq. The rule will 

directly affect only individuals and will 

not directly affect small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this final rule is exempt from the initial 

and final regulatory flexibility analyses 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance Program number and title for 

this rule is 64.103, Life Insurance for 

Veterans. 

List of Subjects in 38 CFR Part 9 

Life insurance, Military personnel, 

Veterans. 

Approved: May 19, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

PART 9—SERVICEMEMBERS’ GROUP 

LIFE INSURANCE AND VETERANS’ 

GROUP LIFE INSURANCE 

■ Accordingly, the interim final rule 

amending 38 CFR part 9, which was 

published at 73 FR 71926 on November 

26, 2008, is adopted as a final rule 

without change. 

[FR Doc. E9–13097 Filed 6–3–09; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–24, CP2009–28; Order 

No. 218] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

The Commission is adding the Postal 

Service’s Royal Mail Inbound Air Parcel 

Post Agreement negotiated service 

agreement to the Competitive Product 

List. This action is consistent with 

changes in a recent law governing postal 

operations. Republication of the lists of 

market dominant and competitive 

products is also consistent with new 

requirements in the law. 

DATES: Effective June 4, 2009 and is 

applicable beginning May 29, 2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov.