Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35805 

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), of the Instruction, because it 

involves the establishment of a 

temporary safety zone. 

A final environmental analysis check 

list 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. 

Chapters 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. Add new temporary § 165.T09– 

0649 as follows: 

§ 165.T09–0649 Safety Zone; Friends of 

Fireworks Celebration, Lake Huron, St. 

Ignace, MI. 

(a) Location. The following area is a 

temporary safety zone: all waters of 

Lake Huron within a 1,000-foot radius 

from the Fireworks launch site in East 

Moran Bay, with its center in position: 

45°52′43′′ N, 84°43′69′′ W. (NAD 83). 

(b) Effective period. This rule is 

effective from 9 p.m. on July 11, 2009 

until 11 p.m. on September 5, 2009. 

This rule will be enforced from 9 p.m. 

to 11 p.m. on July 11, July 18, July 25, 

August 1, August 8, August 15, August 

22, August 29, and September 5, 2009. 

If a fireworks are cancelled due to 

inclement weather, then this rule will 

be enforced from 9 p.m. to 11 p.m. on 

the following day (July 12, July 19, July 

26, August 2, August 9, August 16, 

August 23, August 30, or September 6, 

2009). 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Sault Sainte Marie 

or on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Sault Sainte Marie 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 Sault 

Sainte Marie 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 Sault Sainte Marie or his onscene representative. 

Dated: July 8, 2009. 

M.J. Huebschman, 

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

Port Sault Sainte Marie. 

[FR Doc. E9–17245 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0513] 

RIN 1625–AA00 

Safety Zone; Access Destinations 

Fireworks Display, San Diego Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of San Diego Bay in 

support of the Access Destinations 

Fireworks. This temporary safety zone is 

necessary to provide for the safety of the 

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 1 p.m. 

to 11 p.m. on July 30, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0513 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–2009–0513 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 Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; 

telephone 619–278–7262, e-mail 

Shane.E.Jackson@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 

logistical arrangements of the fireworks 

show were neither finalized nor 

presented to the Coast Guard in enough 

time to draft and publish an NPRM, and 

any delay in the effective date of this 

rule would expose members of the 

public to the dangers associated with 

fireworks displays. 

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 


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35806 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

effective less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

The Access Destinations is sponsoring 

the Access Destinations Fireworks, 

which will include a fireworks 

presentation originating from the flight 

deck of the U.S.S. Midway in San Diego 

Bay. The safety zone will encompass all 

navigable waters within 250 feet of any 

point of the U.S.S. Midway, which will 

be located at approximately 32°42′52′′ 

N, 117°10′35′′ W. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 8 

p.m. to 10 p.m. on July 30, 2009. The 

safety zone is necessary to provide for 

the safety of the crew, spectators, other 

members of the public, and vessels on 

the waterway. 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 his designated 

representative. The limits of the safety 

zone encompass all navigable waters 

within 250 feet of any point of the 

U.S.S. Midway, which will be located at 

approximately 32°42′52′′ N, 117°10′35′′ 

W. 

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, location, and short duration 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 8:00 

p.m. to 10 p.m. on July 30, 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 two hours in the evening 

when vessel traffic is low. Vessel traffic 

can pass safely around the zone. 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), 

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 


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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35807 

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), of the Instruction. This rule 

involves the establishment of a 

temporary safety zone for a marine 

event. 

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, and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T11–213 to 

read as follows: 

§ 165.T11–213 Safety Zone; Access 

Destinations Fireworks; San Diego Bay, CA. 

(a) Location. The following area is a 

safety zone: All waters, from surface to 

bottom, within 250 feet of any point on 

the U.S.S. Midway, located at 

approximately 32°42′52′′ N, 117°10′35′′ 

W. 

(b) Enforcement period. This section 

will be enforced from 8 p.m. to 10 p.m. 

on July 30, 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, or petty officers 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

state, or 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 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: July 6, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–17247 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Chapter 301 

[FTR Amendment 2009–05; FTR Case 2009– 

305; Docket Number 2009–0001, Sequence 

5] 

RIN 3090–AI93 

Federal Travel Regulation (FTR); FTR 

Case 2009–305; Travel Purpose 

Identifier 

AGENCY: Office of Governmentwide 

Policy (MTT), GSA. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

provisions of the Federal Travel 

Regulation (FTR) that pertain to the use 

of the travel purpose identifiers. This 

final rule updates the list of travel 

purpose identifiers and incorporates 

new descriptive language for each 

identifier to enhance how travel costs 

are indentified by Federal agencies. 

DATES: Effective Date: This final rule is 

effective August 20, 2009. 

Applicability Date: This final rule is 

applicable to travel performed on, or 

after August 20, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4744, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Rick Miller, Office of Travel, 

Transportation and Asset Management 

(MT), General Services Administration 

at (202) 501–3822 or e-mail at 

Rodney.Miller@gsa.gov. Please cite FTR 

Amendment 2009–05; FTR Case 2009– 

305. 

SUPPLEMENTARY INFORMATION: The 

Federal Government began using travel 

purpose identifiers in the mid-1970s as 

a result of Congressional interest in the 

types of travel funded by the 

Government. Travel purpose identifiers 

categorize the various types of travel 

that occur in support of an agency’s 

mission and help classify associated 

costs for that mission. 

The travel purpose identifiers used 

today and listed in Appendix C to 

Chapter 301 of FTR are as follows: (1) 

Site Visit, (2) Information Meeting, (3) 

Training Attendance, (4) Speech or 

Presentation, (5) Conference 

Attendance, (6) Relocation, and (7) 

Entitlement Travel. As the 

Government’s missions have changed 

over time, it has become questionable as 

to whether or not the current identifiers 

adequately capture the complexity of 

modern Federal travel. 


erowe on DSK5CLS3C1PROD with RULES