36608 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Rules and Regulations 

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 rule, call or 

e-mail Mr. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

(212) 668–7165, joe.m.arca@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Roosevelt Island Bridge, across the East 

River, mile 3.1, at New York City, New 

York, has a vertical clearance in the 

closed position of 34 feet at mean high 

water and 40 feet at mean low water. 

The existing drawbridge operation 

regulations are listed at 33 CFR 

117.781(c). 

The East River at the bridge location 

is a secondary channel not normally 

used by the local seasonal recreational 

vessels, and commercial vessels that can 

transit around Roosevelt Island on the 

other side. 

The owner of the bridge, New York 

City Department of Transportation, 

requested a temporary deviation to 

facilitate the completion of construction 

for a major rehabilitation of the bridge. 

On March 19, 2009, we published a 

temporary deviation entitled ‘‘East 

River, New York’’ in the Federal 

Register (74 FR 11645) that allowed the 

Roosevelt Island Bridge to remain in the 

closed position from April 15, 2009 

through July 14, 2009, to facilitate 

rehabilitation construction at the bridge. 

On June 18, 2009, the bridge owner 

notified us that the construction 

authorized under the above temporary 

deviation would not be completed as 

originally scheduled on July 14, 2009, 

and that an additional temporary 

deviation would be necessary for one 

additional month, July 15, 2009 through 

August 15, 2009, in order to finish their 

work. 

Under this temporary deviation the 

Roosevelt Island Bridge may remain in 

the closed position from July 15, 2009 

through August 15, 2009. Vessels that 

can pass under the bridge without a 

bridge opening may do so at all times. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: July 14, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–17749 Filed 7–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0456] 

RIN 1625–AA00 

Safety Zone; Naval Training August 

and September, San Clemente Island, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Pacific Ocean at 

the north end of San Clemente Island in 

support of Naval Live Fire Training. 

This safety zone is necessary to ensure 

non-authorized personnel and vessels 

remain safe by keeping clear of the 

hazardous area during the training 

activity. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port (COTP) or his designated 

representative. 

DATES: This rule is effective from 

August 1, 2009 through September 30, 

2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0456 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–2009–0456 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 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 

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 

immediate action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of 

any live fire training on the dates and 

times this rule will be in effect and 

delay would be contrary to the public 

interest. 

For the same reasons, the Coast Guard 

also finds that good cause exists under 

5 U.S.C. 553(d)(3) for making this rule 

effective less than 30 days after 

publication in the Federal Register. Any 

delay in the effective date of this rule 

would expose mariners to the dangers 

posed by the training. 

Background and Purpose 

U.S. Naval forces will be conducting 

intermittent training involving live fire 

exercises throughout August and 

September 2009. This safety zone is 

necessary to ensure non-authorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during the training activity. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

August 1, 2009 through September 30, 

2009. The limits of the safety zone will 

be the navigable waters of the Pacific 

Ocean at the north end of San Clemente 

Island bounded by lines connecting the 

following coordinates: Beginning at 

33°01.09′ N, 118°36.34′ W; thence to 

32°59.95′ N, 118°39.77′ W; thence 

running parallel to the shoreline at a 

distance of approximately 3 NM to 

33°02.81′ N, 118°30.65′ W; thence to 

33°01.29′ N, 118°33.88′ W; thence along 

the shoreline returning to 33°01.09′ N, 

118°36.34′ W (NAD 83). 

This safety zone is necessary to 

ensure non-authorized personnel and 

vessels remain safe by keeping clear of 

the hazardous area during the training 


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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Rules and Regulations 36609 

activities. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port, or his 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 

and location of the safety zone. 

Commercial and recreational vessels 

will not be allowed to transit through 

the designated safety zone during 

specified times of training. 

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 Pacific Ocean on the 

north end of San Clemente Island from 

August 1, 2009 until September 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 during naval training 

exercises. Vessel traffic can pass safely 

around the zone. Traffic will be allowed 

to pass through the zone with the 

permission of the U.S. Navy or U.S. 

Coast Guard. Before the effective period, 

the Coast Guard will issue broadcast 

notice to mariners (BNM) alerts. 

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 


rmajette on DSK29S0YB1PROD with RULES
36610 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Rules and Regulations 

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 because this 

rule establishes 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, and 160.5; 

Public Law 107–295; 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add a new temporary section 

§ 165.T11–224 to read as follows: 

§ 165.T11–224 Safety Zone; Naval Training 

August and September, San Clemente 

Island, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Pacific Ocean, from surface to bottom, at 

the north end of San Clemente Island 

bounded by lines connecting the 

following points: Beginning at 33°01.09′ 

N, 118°36.34′ W; thence to 32°59.95′ N, 

118°39.77′ W; thence running parallel to 

the shoreline at a distance of 

approximately 3 NM to 33°02.81′ N, 

118°30.65′ W; thence to 33°01.29′ N, 

118°33.88′ W; thence along the 

shoreline returning to 33°01.09′ N, 

118°36.34′ W. These coordinates are 

based on NAD 83. 

(b) Effective Period. This section is 

effective from August 1, 2009 through 

September 30, 2009 during naval 

training exercises. If training is 

concluded prior to the scheduled 

termination time, the COTP will cease 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definitions apply to this section: 

Designated representative, means any 

Commissioned, Warrant, or Petty 

Officers of the Coast Guard, Coast Guard 

Auxiliary, or local, state, and federal 

law enforcement vessels who have been 

authorized to act on the behalf of the 

COTP; non-authorized personnel and 

vessels, means any civilian boats, 

fishermen, divers, and swimmers. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the COTP San Diego or his designated 

representative. 

(2) Non-authorized personnel and 

vessels requesting permission to transit 

through the safety zone may request 

authorization to do so from the COTP 

San Diego or his designated 

representative. They may be contacted 

on VHF–FM Channel 16, or at telephone 

number (619) 278–7033. 

(3) Naval units involved in the 

exercise are allowed in confines of the 

established safety zone. 

(4) All persons and vessels shall 

comply with the instructions of the 

Coast Guard COTP or his designated 

representative. 

(5) Upon being hailed by U.S. Coast 

Guard or other official personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

(6) The Coast Guard may be assisted 

by other federal, state, or local agencies 

including the U.S. Navy. 

Dated: June 15, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–17746 Filed 7–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AK95 

Recoupment of Severance Pay From 

VA Compensation; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Correcting Amendment. 

SUMMARY: This document contains a 

correction to the regulation of the 

Department of Veterans Affairs (VA) 

that governs recoupment of lump-sum 

readjustment pay from disability 

compensation. This correction is 

required in order to amend an authority 

citation in the regulation. No 

substantive change to the content of the 

regulation is being made by this 

correcting amendment. 

DATES: Effective: July 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

James E. Figliozzi, Office of Regulation 

Policy and Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Ave., NW., Washington, DC 

20420, (202) 461–4902. 

SUPPLEMENTARY INFORMATION: VA 

published an amendment to a final rule 

in the Federal Register on September 

27, 2002 (See 67 FR 60868), that, among 

other things, added 10 U.S.C. 1174(h)(2) 

and 10 U.S.C. 1212(c) as authority 

citations for 38 CFR 3.700(a)(2)(iii). The 

citation to 10 U.S.C. 1212(c) is incorrect, 

because that statute governs the 

recoupment of disability severance pay. 

A subsequent amendment to the final 

rule on June 5, 2009 (See 74 FR 26957) 

retained this incorrect authority 

citation. This document corrects that 

error. Because the citation to 10 U.S.C. 

1174(h)(2) is correct, it remains 

unchanged. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Veterans, 

Vietnam. 

■ Accordingly, 38 CFR part 3 is 

corrected by making the following 

correcting amendment: 

PART 3—ADJUDICATION 

■ 1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

■ 2. In § 3.700, revise the authority 

citation after paragraph (a)(2)(iii) to read 

as follows: 

§ 3.700 General. 

* * * * * 

(a) * * * 

(2) * * * 

(iii) * * * 


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