Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 28163 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities (percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

189 7–1–09 8–1–09 3.75 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

189, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities (percent) 

On or after Before i1 i2 i3 n1 n2

* * * * * * * 

189 7–1–09 8–1–09 3.75 4.00 4.00 4.00 7 8 

PART 4044—ALLOCATION OF 

ASSETS IN SINGLE–EMPLOYER 

PLANS 

■ 4. The authority citation for part 4044 

continues to read as follows: 

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362. 

■ 5. In appendix B to part 4044, a new 

entry for July–September 2009, as set 

forth below, is added to the table. 

Appendix B to Part 4044—Interest 

Rates Used To Value Benefits 

* * * * * 

For valuation dates occurring in the months— 

The values of it are: 

it for t = it for t = it for t = 

* * * * * * * 

July–September 2009 ........................................................... 0.0531 1–20 0.0504 >20 N/A N/A 

Issued in Washington, DC, on this 9th day 

of June 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–14003 Filed 6–12–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0462] 

RIN 1625–AA00 

Safety Zone; Marinette Marine Vessel 

Launch, Marinette, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Menominee River near Marinette, 

Wisconsin. This zone is intended to 

restrict vessels from a portion of the 

Menominee River during a vessel 

launching. This temporary safety zone is 

necessary to protect the surrounding 

public and vessels from the hazards 

associated with the vessel launching. 

DATES: This rule is effective from 10:45 

a.m. until 12:15 p.m. on June 26, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0462 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–2009–0462 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 U.S. 

Coast Guard Sector Lake Michigan, 2420 

S. Lincoln Memorial Drive, Milwaukee, 

WI 53110, between 7 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, contact Petty Officer Kraft, U.S. 

Coast Guard Sector Lake Michigan; 

telephone 414–747–7154, e-mail 

Adam.D.Kraft@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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 


pwalker on PROD1PC71 with RULES
28164 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is in 

the best interest of the public to ensure, 

to the extent practicable, the safety of 

vessels and spectators from the hazards 

associated with the launch of the 

Marinette. 

For those 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 

This temporary safety zone is 

necessary to ensure, to the extent 

practicable, the safety of the public and 

vessels from the hazards associated with 

the vessel launching. The Captain of the 

Port Sector Lake Michigan has 

determined that the launching of the 

vessel does pose significant risks to 

public safety and property. The likely 

combination of small recreational 

boaters and the large wake created by 

the vessel launch could easily result in 

serious injuries or fatalities. 

Discussion of Rule 

The temporary safety zone will 

encompass all water of the Menominee 

River surrounding the Marinette Marine 

Corporation piers and bounded by a line 

with a point of origin at 45°05′57′′ N, 

087°36′0.3′′ W; then northeast to 

45°06′00′′ N, 087°36′48.3′′ W; then 

northwest to 45°06′04.4′′ N, 087°37′09.2′′ 

W; then west to 45°06′04.5′′ N, 

087°37′14′′ W; then southwest to 

45°06′02.8′′ N, 087°37′15′′ W; then 

southeast following the shoreline back 

to the point of origin (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the on-scene 

representative. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Sector Lake 

Michigan or his on-scene representative. 

The Captain of the Port or his on-scene 

representative may be contacted via 

VHF Channel 16. 

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 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zones’ activation. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will 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 might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of the Menominee River, 

Marinette WI between 10:45 a.m. and 

12:15 p.m. on June 26, 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 

only be enforced while unsafe 

conditions exist. In the event that this 

temporary safety zone affects shipping, 

commercial vessels may request 

permission from the Captain of The Port 

Sector Lake Michigan to transit through 

the safety zone. The Coast Guard will 

give notice to the public via a Broadcast 

to Mariners that the regulation is in 

effect. 

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 they may 

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 

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 concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

The Coast Guard recognizes the treaty 

rights of Native American Tribes. 

Moreover, the Coast Guard is committed 

to working with Tribal Governments to 

implement local policies and to mitigate 


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Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 28165 

tribal concerns. We have determined 

that these regulations and fishing rights 

protection need not be incompatible. 

We have also determined that 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. 

Nevertheless, Indian Tribes that have 

questions concerning the provisions of 

this Rule or options for compliance are 

encouraged to contact the point of 

contact listed under FOR FURTHER

INFORMATION CONTACT. 

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 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) because this rule is for the 

establishment of a safety zone. 

The final environmental analysis 

check list and 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. A add temporary § 165.T09–0462 to 

read as follows: 

§ 165.T09–0462 Safety Zone; Marinette 

Marine Vessel Launch, Marinette, 

Wisconsin. 

(a) Location. All water of the 

Menominee River surrounding the 

Marinette Marine Corporation piers and 

bounded by a line with a point of origin 

at 45°05′57′′ N, 087°36′50.3′′ W; then 

northeast to 45°06′00′′ N, 087°36′48.3′′ 

W; then northwest to 45°06′04.4′′ N, 

087°37′09.2′′ W; then west to 

45°06′04.5′′ N, 087°37′14′′ W; then 

southwest to 45°06′02.8′′ N, 087°37′15′′ 

W; then southeast following the 

shoreline back to the point of origin. 

(NAD 83). 

(b) Enforcement period. This 

regulation will be enforced from 10:45 

a.m. until 12:15 p.m. on June 26, 2009. 

The Captain of the Port Sector Lake 

Michigan or the on-scene Patrol 

Commander may terminate this 

operation at anytime. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Sector Lake 

Michigan or his on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Sector Lake Michigan or his on-scene 

representative. Any person in a safety 

zone who has notice of a lawful order 

or direction shall obey the order or 

direction of the Captain of the Port or 

his on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Sector 

Lake Michigan or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port or his onscene representative may be contacted 

via VHF Channel 16. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Sector Lake Michigan or his 

on-scene representative. 

Dated: June 1, 2009. 

B.C. Jones, 

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

Port Sector Lake Michigan. 

[FR Doc. E9–13888 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0465] 

RIN 1625–AA00 

Safety Zone; Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor during July 1, 2009 

through July 29, 2009. This action is 

necessary to protect vessels and people 

from the hazards associated with 

fireworks displays. This safety zone will 

restrict vessel traffic from a portion of 

the Captain of the Port Lake Michigan 

Zone. 


pwalker on PROD1PC71 with RULES