Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,295
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Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Rules and Regulations
extending from the surface area to the
sea floor within approximately 50 yards
seaward from the moored vessel M/V
ZHEN HUA 18 and encompasses all
waters in an area created by connecting
the following geographical positions:
Latitude Longitude
3749'08" N 12219'07" W
3749'05" N 122019'30" W
3749'15" N 122018'52" W
3749'18" N 122018'56" W
and along the shoreline back to the
beginning point. These coordinates are
based upon NAD 83.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
regulations in 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP's
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP's
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP's
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the COTP or
the COTP's designated representative.
Persons and vessels may request
permission to enter the safety zone on
VHF-16 or through the 24-hour
Command Center at telephone (415)
399-3547.
(d) Effective period. This section is
effective from 12 p.m. on April 14, 2009,
through 11:59 p.m. on April 24, 2009.
Dated: April 13, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. E9-9167 Filed 04-21-09; 8:45 am]
BILLING CODE 4910-15-PDEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0222]
RIN 1625-AA00
Safety Zone; April to May Naval
Underwater Detonation; Northwest
Harbor, 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 Northwest
Harbor of San Clemente Island in
support of the Naval Underwater
Detonation. 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 April
1, 2009 through June 1, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG-2009-
0222 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-2009-0222 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 two locations: 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 thistemporary 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 vehicles in the vicinity of
the Naval Underwater Detonation on the
dates and times this rule will be in
effect and delay would be contrary to
the public interest.
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. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the public's safety.
Background and Purpose
The Officer in Charge (OIC) of the
Southern California Offshore Range will
be conducting intermittent training
involving the detonation of military
grade explosives underwater throughout
April and May 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
April 1, 2009 through June 1, 2009. The
limits of the safety zone will be the
navigable waters of the Northwest
Harbor of San Clemente Island bounded
by the following coordinates: 33.02'06"
N, 118.35'36" W; 33.02'00" N,
118.34'36" W; thence along San
Clemente shoreline to 33.02'06" N,
118.35'36" W. This safety zone is
necessary to ensure non-authorized
personnel and vessels remain safe by
keeping clear of the hazardous area
during the training 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
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132938/m1/17/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.