[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Page 35660]
[FR Doc No: 2015-15325]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-0193]

Imposition of Conditions of Entry for Certain Vessels Arriving to
the United States From the Republic of the Gambia

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that it will impose conditions of
entry on vessels arriving from the Gambia. Conditions of entry are
intended to protect the United States from vessels arriving from
countries that have been found to have deficient port anti-terrorism
measures in place.

DATES: The policy announced in this notice will become effective July
6, 2015.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Michael Brown, International Port Security Evaluation
Division, United States Coast Guard, telephone<PHONE_NUMBER>. For
information about viewing or submitting material to the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826, toll free 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Discussion

    The authority for this notice is 5 U.S.C. 552(a), 46 U.S.C. 70110,
and Department of Homeland Security Delegation No. 0170.1(II)(97.f). As
delegated, section 70110 authorizes the Coast Guard to impose
conditions of entry on vessels arriving in U.S. waters from ports that
the Coast Guard has not found to maintain effective anti-terrorism
measures.
    On September 25, 2013 the Coast Guard did not find that ports in
the Republic of the Gambia maintained effective anti-terrorism measures
and that the Republic of the Gambia's legal regime, designated
authority oversight, access control and cargo control are all
deficient.
    On July 16, 2014, the Republic of the Gambia was notified of this
determination and given recommendations for improving antiterrorism
measures and 90 days to respond. To date, we cannot confirm that the
Republic of the Gambia has corrected the identified deficiencies.
    Accordingly, beginning July 6, 2015, the conditions of entry shown
in Table 1 will apply to any vessel that visited a port in the Republic
of the Gambia in its last five port calls.

 Table 1--Conditions of Entry for Vessels Visiting Ports in the Republic
                              of the Gambia
------------------------------------------------------------------------
             No.                           Each vessel must:
------------------------------------------------------------------------
1...........................  Implement measures per the vessel's
                               security plan equivalent to Security
                               Level 2 while in a port in the Republic
                               of the Gambia. As defined in the ISPS
                               Code and incorporated herein, ``Security
                               Level 2'' refers to the ``level for which
                               appropriate additional protective
                               security measures shall be maintained for
                               a period of time as a result of
                               heightened risk of a security incident.''
2...........................  Ensure that each access point to the
                               vessel is guarded and that the guards
                               have total visibility of the exterior
                               (both landside and waterside) of the
                               vessel while the vessel is in ports in
                               the Republic of the Gambia.
3...........................  Guards may be provided by the vessel's
                               crew; however, additional crewmembers
                               should be placed on the vessel if
                               necessary to ensure that limits on
                               maximum hours of work are not exceeded
                               and/or minimum hours of rest are met, or
                               provided by outside security forces
                               approved by the vessel's master and
                               Company Security Officer. As defined in
                               the ISPS Code and incorporated herein,
                               ``Company Security Officer'' refers to
                               the ``person designated by the Company
                               for ensuring that a ship security
                               assessment is carried out; that a ship
                               security plan is developed, submitted for
                               approval, and thereafter implemented and
                               maintained and for liaison with port
                               facility security officers and the ship
                               security officer.''
4...........................  Attempt to execute a Declaration of
                               Security while in a port in the Republic
                               of the Gambia.
5...........................  Log all security actions in the vessel's
                               security records.
6...........................  Report actions taken to the cognizant
                               Coast Guard Captain of the Port (COTP)
                               prior to arrival into U.S. waters.
7...........................  In addition, based on the findings of the
                               Coast Guard boarding or examination, the
                               vessel may be required to ensure that
                               each access point to the vessel is
                               guarded by armed, private security guards
                               and that they have total visibility of
                               the exterior (both landside and
                               waterside) of the vessel while in U.S.
                               ports. The number and position of the
                               guards has to be acceptable to the
                               cognizant COTP prior to the vessel's
                               arrival.
------------------------------------------------------------------------

    The following countries currently do not maintain effective anti-
terrorism measures and are therefore subject to conditions of entry:
Cambodia, Cameroon, Comoros, Cote d'Ivoire, Cuba, Equatorial Guinea,
the Republic of the Gambia, Guinea-Bissau, Iran, Liberia, Libya,
Madagascar, Nigeria, Sao Tome and Principe, Syria, Timor-Leste,
Venezuela, and Yemen. This list is also available in a policy notice
available at https://homeport.uscg.mil under the Maritime Security tab;
International Port Security Program (ISPS Code); Port Security Advisory
link.

    Dated: May 26, 2015.
Charles D. Michel,
Vice Admiral, USCG, Deputy Commandant for Operations.
[FR Doc. 2015-15325 Filed 6-19-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Notices]
[Pages 10551-10553]
[FR Doc No: 2019-05348]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0197]

Occupational Safety and Health State Plans; Extension of the
Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its request to extend
OMB's approval of information collection regarding the State Plans
program and regulations for the development and enforcement of state
occupational safety and health standards.

DATES: Comments must be submitted (postmarked, sent, or received) by
May 20, 2019.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the

Federal eRulemaking Portal. Follow the instructions online for
submitting comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0197,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10:00
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2011-0197) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Douglas
Kalinowski at the below address to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Suzanne Smith, Office of State
Programs, Directorate of Cooperative and State Programs, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2217; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., the State plans) burden, conducts a
preclearance process to provide the public with an opportunity to
comment on proposed and continuing information collection requirements
in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44
U.S.C. 3506(c)(2)(A)). This program ensures that information is in the
desired format, the reporting burden (time and costs) is minimal, the
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. OSHA is soliciting
comments concerning the extension of the information collection
requirements contained in the series of regulations establishing
requirements for the submission, initial approval, continuing approval,
final approval, monitoring, and evaluation of OSHA-approved State
Plans:
     29 CFR part 1902, State Plans for the Development and
Enforcement of State Standards;
     29 CFR part 1953, Changes to State Plans for the
Development and Enforcement of State Standards;
     29 CFR part 1954, Procedures for the Evaluation and
Monitoring of Approved State Plans; and
     29 CFR part 1956, State Plans for the Development and
Enforcement of State Standards Applicable to State and Local Government
Employees in States Without Approved Private Employee Plans.
    Section 18 of the Occupational Safety and Health Act (29 U.S.C.
667) offers an opportunity to the states to assume responsibility for
the development and enforcement of state standards through the
mechanism of an OSHA-approved State Plan. Absent an approved plan,
states are precluded from enforcing occupational safety and health
standards in the private sector with respect to any issue for which
Federal OSHA has promulgated a standard. Once approved and operational,
the state adopts standards and provides most occupational safety and
health enforcement and compliance assistance in the state under the
authority of its plan, instead of Federal OSHA. States also must extend
their jurisdiction to cover state and local government employees and
may obtain approval of State Plans limited in scope to these workers.
To obtain and maintain State Plan approval, a state must submit various
documents to OSHA describing program structure and operation, including
any modifications thereto as they occur, in accordance with the
identified regulations. OSHA funds 50 percent of the costs required to
be incurred by an approved State Plan, with the state at least matching
and providing additional funding at its discretion.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply--
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend approval of the collection of
information requirements associated with State Plan regulations. The
agency is requesting an adjustment decrease related to the number of
burden hours associated with the developmental steps necessary for
certain states in the developmental process, including Maine, Illinois,
and Virgin Islands. As a result, the total burden hours have decreased
slightly from 11,519 to 11,369 (a decrease of 150 burden hours). The
agency will summarize the comments submitted in response to this notice
and will include this summary in its request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Occupational Safety and Health Plans.
    OMB Control Number: 1218-0247.
    Affected Public: Designated state government agencies that are
seeking or have submitted and obtained approval for State Plans for the
development and enforcement of occupational safety and health
standards.
    Number of Respondents: 28.
    Frequency: On occasion; Quarterly; Annually.
    Average Time per Response: Various.
    Estimated Number of Responses: 1,301.
    Estimated Total Burden Hours: 11,369.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by

facsimile (fax); or (3) by hard copy. All comments, attachments, and
other materials must identify the agency name and the OSHA docket
number (Docket No. OSHA-2011-0197) for the ICR. You may supplement
electronic submissions by uploading document files electronically. If
you wish to mail additional materials in reference to an electronic or
facsimile submission, you must submit them to the OSHA Docket Office
(see the section of this notice titled ADDRESSES). The additional
materials must clearly identify electronic comments by your name, date,
and the docket number so that the agency can attach them to your
comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>; TTY<PHONE_NUMBER>.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on March 15, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-05348 Filed 3-20-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Rules and Regulations]
[Pages 24405-24406]
[FR Doc No: 2018-11371]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0437]

Drawbridge Operation Regulation; Harlem River, Bronx, New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Metro North (Park Avenue) Bridge
across the Harlem River, mile 2.1, at Bronx, New York. This temporary
deviation is necessary to allow the bridge to open for marine traffic
with 24 hour advance notice during construction in the bridge control
room.

DATES: This deviation is effective from 12:01 a.m. on June 4, 2018, to
11:59 p.m. on July 31, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0437 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy Leung-Yee, Bridge Management
Specialist, First District Bridge Branch, U.S. Coast Guard, telephone
212-514-4336, email [email protected].

SUPPLEMENTARY INFORMATION: MTA Metro-North Railroad, the bridge owner,
requested a temporary deviation from the normal operating schedule to
allow the bridge to open for marine traffic with 24 hour advance notice
during construction in the bridge control room. The Metro North (Park
Avenue) Bridge across the Harlem River, mile 2.1, has a vertical
clearance in the closed position of 25 feet at mean high water and 30
feet at mean low water. The existing bridge operating regulations are
listed at 33 CFR 117.789(c).
    Under this temporary deviation, from 12:01 a.m. on June 4, 2018, to
11:59 p.m. on July 31, 2018 the Metro North (Park Avenue) Bridge shall
open on signal provided if at least a twenty-four hour advance notice
is given. The draw need not open for the passage of vessel traffic from
5 a.m. to 10 a.m. and 4 p.m. to 8 p.m., Monday through Friday, except
Federal holidays.
    The waterway is transited by commercial and recreational traffic.
The

Coast Guard notified known commercial vessel operators that transit the
area and there were no objections to this temporary deviation. Vessels
able to pass under the bridge in the closed position may do so at any
time. The bridge will not be able to open for emergencies and there is
no immediate alternate route for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 22, 2018.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-11371 Filed 5-25-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: June 22, 2009 (Volume 74, Number 118)]
[Rules and Regulations]
[Page 29423-29425]
[DOCID:fr22jn09-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0512]
RIN 1625-AA00

Safety Zone: F/V PATRIOT, Massachusetts Bay, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
surrounding the sunken fishing vessel PATRIOT located approximately 17
miles northeast of Scituate, Massachusetts, in Massachusetts Bay. The
safety zone is in effect while the vessel remains on the sea floor and
subsequently re-floated during salvage operations. The safety zone will
then move with the vessel until the F/V PATRIOT is safely moored. This
action is necessary to ensure that vessels are not endangered by
conducting dredging, diving, anchoring, fishing or other activities
while the F/V PATRIOT sits on the sea floor. This action is also
necessary to assist in providing a safe work environment for those
conducting the salvage operation. This temporary rulemaking is needed
to protect the environment, the commercial fishing industry, salvage
operators and the general public from potential hazards associated with
the sunken vessel and from potential hazards associated with the
salvage of the vessel.

DATES: Effective Dates: This rule is effective from midnight June 11,
2009, through midnight July 25, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0512 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-2009-0512
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 following location: 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 Chief Eldridge McFadden, U.S. Coast
Guard Sector Boston, Waterways Management Division; telephone 617-223-
5160, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

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 initial immediate action was needed
to protect the public from the hazards posed by an unknown underwater
object located in Massachusetts Bay. This object was later identified
as the F/V PATRIOT, located in approximately 95 feet of water 17 miles
northeast of Scituate, Massachusetts. This rule extends the existing
safety zone set to expire on June 10, 2009, to ensure, to the extent
practicable, the immediate, continued protections for the environment,
the commercial fishing industry, salvage operators and the general
public from the potential hazards associated with the salvage of the F/
V PATRIOT. The loss of the F/V PATRIOT created significant interest in
the local fishing community and considerable media interest. Salvage of
the F/V PATRIOT has the potential of attracting a variety of on-lookers
who may be searching for unanswered questions or are just curious;
operations also have the potential of generating considerable media
interest. An uncontrolled gathering of vessels surrounding the location
of salvage operations has the potential of creating an unsafe work
environment during salvage operations. It would be contrary to the
public interest for the existing safety zone to lapse on the eve of
such operations.
    For the same reason, 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

    On January 3, 2009, the F/V PATRIOT, a 54-foot steel-hull boat,
sank with the loss of two crewmembers onboard. The vessel was reported
to have an estimated 5,000 gallons of fuel onboard. There were no
survivors and the exact position of the vessel was not immediately
known. On January 8, 2009, the Coast Guard established a temporary
safety zone around a reported underwater object believed to be the F/V
PATRIOT, located in Massachusetts Bay approximately 17 miles northeast
of Scituate, Massachusetts, in position 42[deg]24'27.34'' N,
70[deg]27'17.23'' W.
    On January 23, 2009, underwater exploratory operations with
photographic equipment confirmed that

the object was the F/V PATRIOT. The owners of the vessel intend to
conduct dive and salvage operations on the vessel. The Coast Guard is
implementing this safety zone to surround the F/V PATRIOT and the
salvage equipment transporting it from its current resting place to its
future berth.
    This regulation effectively extends the safety zone set to expire
on June 10, 2009.

Discussion of Rule

    This regulation creates a temporary safety zone around the F/V
PATRIOT currently located in Massachusetts Bay, Massachusetts, 17 miles
northeast of Scituate, Massachusetts. The safety zone will protect the
vessel until it is salvaged and subsequently transported to the shore,
at which time the safety zone will no longer be enforced. This
regulation is necessary to allow the owners of the F/V PATRIOT to
safely conduct salvage operations and transport the vessel to shore.
This safety zone is in place to protect the public from the hazards
associated with a salvage operation. The zone extends for 500 yards, in
all directions, from the F/V PATRIOT, currently in approximate position
42[deg]24'27.34'' N, 70[deg]27'17.23'' W. Once F/V PATRIOT has been re-
floated, the safety zone shall remain in effect, reduce in size to 50
yards and move with the vessel until the vessel is safely moored.
    This action is intended to prohibit vessels and persons from
entering, transiting, anchoring, diving, dredging, dumping, fishing,
trawling, laying cable, or conducting salvage operations in this zone
except as authorized by the Coast Guard Captain of the Port Boston,
Massachusetts. Public notifications about this safety zone will be made
through broadcast and local notice to mariners. Marine traffic may
transit safely in surrounding areas, but are restricted from entering
the area delineated above.
    The Captain of the Port anticipates minimal negative impact on
vessel traffic due to the limited area and duration covered by this
safety zone.

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.

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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to
transit, anchor, or fish in a portion of the waterway covered by the
safety zone. This rule will not have a significant impact on a
substantial number of small entities for the following reasons: The
area this rule is affecting is very small and there is plenty of water
in the area for vessels to transit around.

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 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 a temporary safety
zone which may last longer than a week and is not an emergency
situation. An environmental analysis checklist and a categorical
exclusion determination will be 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.

0
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

0
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.

0
2. Add temporary Sec.  165.T01-0512, to read as follows:

Sec.  165.T01-0512  Safety Zone: F/V PATRIOT, Massachusetts Bay, MA.

    (a) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, of Massachusetts Bay within a 500-yard
radius of the F/V PATRIOT while located in its currently approximate
position of 42[deg]24'27'' N, 070[deg]27'17'' W. When the vessel is re-
floated during salvage operations, the safety zone will reduce to a 50-
yard radius and move with the F/V PATRIOT until safely moored.
    (b) Definitions. The following definition applies to this section:
Designated representative means any 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
Boston.
    (c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of
this part, all vessels and persons are prohibited from entering the
safety zone without permission from the Captain of the Port Boston. In
addition, all vessels and persons are prohibited from anchoring,
diving, dredging, dumping, fishing, trawling, laying cable, or
conducting salvage operations in this zone except as authorized by the
Coast Guard Captain of the Port Boston.
    (3) All persons and vessels shall comply with the Coast Guard
Captain of the Port Boston or designated representative.
    (4) Upon being hailed by a U.S. Coast Guard vessel or designated
representative by siren, radio, flashing light or other means, the
operator of the vessel shall proceed as directed.
    (5) Persons desiring to enter the safety zone may request
permission from the Captain of the Port Boston via VHF Channel 16 or
via telephone at<PHONE_NUMBER>.
    (d) Enforcement Period. This rule will be enforced from midnight
June 11, 2009, until midnight July 25, 2009.

    Dated: June 9, 2009.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-14586 Filed 6-19-09; 8:45 am]

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