36400 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 

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 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 the 

rule involves the establishment of 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; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary safety zone 

§ 165.T11–166 to read as follows: 

§ 165.T11–166 Safety Zone; AVI September 

Fireworks Display, Colorado River, 

Laughlin, NV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Colorado River, from surface to 

bottom, within 1000 feet of the 

fireworks firing location, adjacent to the 

AVI Resort and Casino, and centered in 

the channel between Laughlin Bridge 

and the northwest point of AVI Resort 

and Casino Cove, at approximate 

position 35°00′45′′ N, 114°38′16′′ W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 9:45 

p.m. on September 6, 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 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels must 

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. E9–17556 Filed 7–22–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Areas at Cape Canaveral Air 

Force Station, Patrick AFB, FL 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

restricted area regulations to enlarge an 

existing restricted area in the Banana 

River and to establish a new restricted 

area in the Atlantic Ocean for the Cape 

Canaveral Air Force Station (CCAFS), 

located on Patrick Air Force Base (AFB), 

Florida. We are also removing an 

existing restricted area in the Banana 

River at CCAFS. CCAFS Command, 


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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 36401 

located at Patrick AFB, Florida, is 

responding to Department of Defense 

(DoD) security assessments which have 

identified a need for CCAFS to have the 

capability to secure their shoreline. The 

enhancement of these capabilities is 

necessary to counter postulated threats 

to CCAFS. 

DATES: Effective Date: August 24, 2009. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO (David B. 

Olson), 441 G Street, NW., Washington, 

DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3) the Corps is 

amending the regulations in 33 CFR part 

334 by revising § 334.540, removing 

§ 334.550, and adding § 334.595. The 

modifications to the regulations are 

described below. 

The proposed rule was published in 

the March 18, 2009, issue of the Federal 

Register (74 FR 11507), and its 

regulations.gov docket number is COE– 

2009–0001. No comments were received 

in response to the proposed rule. 

The amendment to this regulation 

will allow the Commanding Officer, 

CCAFS to restrict passage of persons, 

watercraft, and vessels in waters 

contiguous to this Command, thereby 

ensuring that DoD identified security 

enhancements can be met. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This rule is issued with respect 

to a military function of the Department 

of Defense and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. The rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps determined 

that this rule would have practically no 

economic impact on the public, or result 

in no anticipated navigational hazard or 

interference with existing waterway 

traffic. This rule will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act. This 

regulation will not have a significant 

impact to the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement 

will not be required. An environmental 

assessment has been prepared. It may be 

reviewed at the district office listed at 

the end of FOR FURTHER INFORMATION

CONTACT, above. 

d. Unfunded Mandates Act. This rule 

does not impose an enforceable duty 

among the private sector and, therefore, 

is not a Federal private sector mandate 

and is not subject to the requirements of 

Section 202 or 205 of the Unfunded 

Mandates Reform Act (Pub. L. 104–4, 

109 Stat. 48, 2 U.S.C. 1501 et seq.). We 

have also found under Section 203 of 

the Act, that small governments will not 

be significantly or uniquely affected by 

this rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

■ For the reasons set out in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for part 334 

continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.540 to read as follows: 

§ 334.540 Banana River at the Eastern 

Range, 45th Space Wing, Cape Canaveral 

Air Force Station, FL; Restricted Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, within the Banana River 

contiguous to the area offshore of Cape 

Canaveral Air Force Station, Florida. 

The area is bounded by a line 

connecting the following coordinates: 

Commencing from the shoreline at the 

southeast portion of the area, at 

approximately latitude 28°25.17′ N, 

longitude 80°36.24′ W, thence directly 

to latitude 28°25.18′ N, longitude 

80°36.65′ W, thence directly to latitude 

28°25.25′ N, longitude 80°36.66′ W, 

thence directly to latitude 28°25.22′ N, 

longitude 80°38.36′ W, thence directly 

to latitude 28°26.23′ N, longitude 

80°38.25′ W, thence directly to latitude 

28°26.23′ N, longitude 80°38.47′ W, 

thence to reach the south side of the 

Kennedy Space Center NASA Causeway 

East Roadway at approximately latitude 

28°30.74′ N, longitude 80°36.63′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Commander, 45th 

Space Wing or his/her designee to 

address any perceived threat to the local 

area. With the exception of local, State, 

and Federal law enforcement entities, 

all persons, vessels, and other craft are 

prohibited from entering, transiting, 

anchoring, or drifting within the 

restricted area when it is closed without 

the permission of the Commander, 45th 

Space Wing or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with very little 

advance notice. Closure of the area shall 

be noticed by the display of a red 

beacon located at the southern entrance 

to Cape Canaveral Air Force Station. 

Information will be provided via marine 

radio broadcast during the duration of 

the area closure. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, 45th Space Wing, Patrick 

Air Force Base, Florida and/or such 

persons or agencies as he/she may 

designate. 

§ 334.550 [Removed] 

■ 3. Remove § 334.550. 

■ 4. Add § 334.595 to read as follows: 

§ 334.595 Atlantic Ocean off Cape 

Canaveral; 45th Space Wing, Cape 

Canaveral Air Force Station, FL; Restricted 

Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, contiguous to the area offshore of 

Cape Canaveral Air Force Station, 

Florida. The area is bounded by a line 

connecting the following coordinates: 

Commencing from the shoreline at the 

northwest portion of the area, at latitude 

28°35.008′ N, longitude 80°34.448′ W, 

thence directly to latitude 28°35.617′ N, 

longitude 80°33.140′ W, thence 

following the mean high water line 

southerly at a distance of 1.5 miles to a 

point at latitude 28°24.253′ N longitude 

80°33.658′ W, thence proceeding 

westerly to terminate at a point on the 

shoreline at latitude 28°24.69′ N, 

longitude 80°35.05′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Commander, 45th 

Space Wing or his/her designee to 

address any perceived threat to the local 

area. With the exception of local, State, 

and Federal law enforcement entities, 

all persons, vessels, and other craft are 

prohibited from entering, transiting, 

anchoring, or drifting within the 

restricted area when it is closed without 

the permission of the Commander, 45th 

Space Wing or his/her designee. 


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36402 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 

(2) Due to the nature of this restricted 

area, closures may occur with very little 

advance notice. Closure of the area shall 

be noticed by the display of a red ball 

and red beacon from a 90-foot pole near 

the shoreline at approximately latitude 

28°35.0′ N, longitude 80°34.8′ W and 

from a 90-foot pole near the shoreline at 

approximately latitude 28°25.3′ N, 

longitude 80°35.0′ W. Information will 

be provided via marine radio broadcast 

and a warning statement displayed on 

an electronic marquee sign located on 

the north side of the Port Canaveral ship 

channel between the Trident and 

Poseidon Wharf during the duration of 

the area closure. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, 45th Space Wing, Patrick 

Air Force Base, Florida and/or such 

persons or agencies as he/she may 

designate. 

Dated: July 19, 2009. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–17551 Filed 7–22–09; 8:45 am] 

BILLING CODE 3710–92–P 


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