28614 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 

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 

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. 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. 

(4) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: June 2, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–14163 Filed 6–16–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0310] 

RIN 1625–AA00 

Safety Zone; Ohio River, Mile 460.0 to 

470.5, Cincinnati, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Ohio River, beginning 

at mile marker 460.0 and ending at 

470.5. This zone is necessary to protect 

participants, spectators, and vessels 

from the potential safety hazards 

associated with the 8th Annual Ohio 

River Way Paddlefest marine event. 

Entry into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Ohio Valley or other designated 

representative. 

DATES: This rule is effective from 8 a.m. 

to 12:30 p.m. on June 27, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0310 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–2009–0310 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 Saturday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Chief Petty Officer 

Don Laisure, Prevention Department, 

Sector Ohio Valley, U.S. Coast Guard; 

telephone 502–893–8186, e-mail 

Donald.L.Laisure@uscg.mil. If you have 

questions on viewing or submitting 

material to 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 doing 

so and delaying its effective date would 

be contrary to public interest since 

immediate action is needed to protect 

persons and vessels from the hazards 

associated with the 8th Annual Ohio 

River Way Paddlefest marine event. 

For the 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 

The 8th Annual Ohio River Way 

Paddlefest Marine Event consists of 

kayak and canoe races on June 27, 2009. 

A safety zone encompassing the entire 

marine event area is required to ensure 

the safety of participants, spectators and 

vessels in the area. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone from 8 a.m. to 12:30 p.m. on 

Saturday, June 27, 2009 for the 8th 

Annual Ohio River Way Paddlefest 

marine event. This temporary safety 

zone is necessary for the safety of the 

participants, spectators and vessels, and 

will impact the use of the waterway 

during the period of the event. The 

limits of this temporary safety zone 

encompass all waters of the Ohio River 

between Ohio River Mile 460.0 and 

470.5. 

The Coast Guard will enforce the 

safety zone and may be assisted by other 

Federal, State and local agencies, 

including the Coast Guard Auxiliary. 

Persons and vessels will be prohibited 

from entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

other designated representative. 

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. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the size, 

location, and duration of the safety 

zone. 

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 proposed rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 28615 

or anchor between Ohio River Mile 

460.0 and 470.5 from 8 a.m. to 12:30 

p.m. on June 27, 2009. 

This safety zone would not have a 

significant impact on a substantial 

number of small entities for the 

following reasons. This safety zone 

would be activated, and thus subject to 

enforcement, for only 4 hours and 30 

minutes. Before activation of the zone, 

we would issue maritime advisories 

widely available to users of the river. 

Consideration will be given to vessels 

desiring transit through the safety zone 

on a case-by-case basis. When safety 

permits, vessel transits will be granted 

by and under the conditions set forth by 

the COTP or designated representative. 

Before activation of the zone, we will 

issue maritime advisories widely 

available to users of the river. 

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 

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 implementation of regulations 

within 33 CFR Part 165 that apply to 

safety zones on the navigable waters of 

the United States. 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 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; 


dwashington3 on PROD1PC60 with RULES
28616 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1 

■ 2. Add temporary § 165.T08–0310 to 

read as follows: 

165.T08–0310 Safety Zone; Ohio River, 

Miles 460.0 to 470.5, Cincinnati, OH. 

(a) Location. The following area is a 

safety zone: All waters of the Ohio 

River, from surface to bottom, beginning 

at mile marker 460.0 and ending at mile 

marker 470.5. 

(b) Effective Period. This section is 

effective from 8 a.m. to 12:30 p.m. on 

June 27, 2009. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Ohio Valley or a 

designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Ohio Valley or a designated 

representative. U.S. Coast Guard Sector 

Ohio Valley may be contacted on VHF 

Channel 13 or 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Ohio Valley and 

designated U.S. Coast Guard patrol 

personnel. On-scene U.S. Coast Guard 

patrol personnel include commissioned, 

warrant, and Petty Officers of the U.S. 

Coast Guard. 

Dated: May 5, 2009. 

A.E. Tucci, 

Commander, U.S. Coast Guard, Captain of 

the Port Ohio Valley, Acting. 

[FR Doc. E9–14166 Filed 6–16–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2008–0031; FRL–8919–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the EPA is 

withdrawing the May 5, 2009 (74 FR 

20599), direct final rule approving a rule 

revision to extend Federally Enforceable 

State Operating Permit renewal terms 

from five years to ten years. The State 

of Indiana submitted this revision as a 

modification to the State 

Implementation Plan on December 19, 

2007. In the direct final rule, EPA stated 

that if adverse comments were 

submitted by June 4, 2009, the rule 

would be withdrawn and not take effect. 

On May 19, 2009, EPA received a 

comment. EPA believes this comment is 

adverse and, therefore, EPA is 

withdrawing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on May 

5, 2009 (74 FR 20665). EPA will not 

institute a second comment period on 

this action. 

DATES: The direct final rule published at 

74 FR 20599 on May 5, 2009, is 

withdrawn as of June 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Sam 

Portanova, Environmental Engineer, Air 

Permits Section, Air Programs Branch 

(AR–18J), USEPA, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–3189, 

portanova.sam@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 4, 2009. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

PART 52—[AMENDED] 

■ Accordingly, the amendment to 40 

CFR 52.770 published in the Federal 

Register on May 5, 2009 (74 FR 20599) 

on page 20601 is withdrawn as of June 

17, 2009. 

[FR Doc. E9–14240 Filed 6–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0738; FRL–8418–6] 

Alkyl Amine Polyalkoxylates; 

Exemption from the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of alkyl amine 

polyalkoxylates when used as inert 

ingredients in pesticide formulations 

applied to growing crops and animals. 

The Joint Inerts Task Force (JITF), 

Cluster Support Team Number 4 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of alkyl amine 

polyalkoxylates. 

DATES: This regulation is effective June 

17, 2009. Objections and requests for 

hearings must be received on or before 

August 17, 2009, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0738. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Leifer, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8811; e-mail address: 

leifer.kerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 


dwashington3 on PROD1PC60 with RULES