Railroad Safety Enforcement Procedures; Enforcement, Appeal and Hearing Procedures for Rail Routing Decisions, 6995 [E9-3073]
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Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES
must comply with 33 CFR part 105 are
subject to earlier, rolling compliance
dates, as set forth in 33 CFR 105.115(e).
The Coast Guard announced the rolling
compliance dates, as provided in 33
CFR 105.115(e), at least 90 days in
advance via notices published in the
Federal Register. The final compliance
date for all COTP Zones will not be later
than April 15, 2009.
On September 30, 2008, we
announced the compliance date for
COTP Zone Honolulu would be
February 12, 2009 (73 FR 56730).
Dated: February 9, 2009.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Chief, Ports and
Facilities Activities.
[FR Doc. E9–3119 Filed 2–10–09; 1:00 pm]
II. Notice of Facility Compliance Date—
American Samoa, COTP Zone Honolulu
Title 33 CFR 105.115(e) currently
states that ‘‘[f]acility owners and
operators must be operating in
accordance with the TWIC provisions in
this part by the date set by the Coast
Guard in a Notice to be published in the
Federal Register.’’ Through this Notice,
the Coast Guard informs the owners and
operators of facilities subject to 33 CFR
105.115(e) located on American Samoa
within COTP Zone Honolulu that the
deadline for their compliance with
Coast Guard and TSA TWIC
requirements has been extended until
April 14, 2009.
This extension is being granted due to
the fact that approximately 87% of the
maritime workers that require TWICs in
American Samoa are not native to the
island, and do not need to comply with
United States immigration laws. They
are not issued a visa by the U.S.
Department of State (DOS), and
therefore they do not meet the
immigration standards required for a
TWIC, found in 49 CFR 1572.105. This
new date provides sufficient time for the
Coast Guard, in consultation with TSA,
DHS, and DOS, to determine whether
there is an equivalent visa category that
these workers can use to qualify for a
TWIC, or whether the TWIC
requirement for facilities in American
Samoa needs to be reconsidered, as it
was for facilities located in the
Commonwealth of the Northern
Marianas Islands (72 FR 55043).
We note that this compliance delay
ONLY applies to facilities located on the
island of American Samoa; facilities
subject to 33 CFR part 105 in the
remainder of COTP Zone Honolulu
must continue to comply with the TWIC
requirements beginning February 12,
2009.
You may visit our Web site at
homeport.uscg.mil/twic for a listing of
all compliance dates by COTP Zone.
This list is subject to change; any
changes in compliance dates will appear
on that Web site and be announced in
the Federal Register.
[FRA–2007–28573]
VerDate Nov<24>2008
16:07 Feb 11, 2009
Jkt 217001
BILLING CODE 4910–15–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 209
RIN 2130–AB87
Railroad Safety Enforcement
Procedures; Enforcement, Appeal and
Hearing Procedures for Rail Routing
Decisions
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; clarification.
SUMMARY: On November 26, 2008, FRA
published the final rule in this docket
that established procedures to enable
railroad carriers to challenge rail routing
decisions made by FRA’s Associate
Administrator for Safety. The final rule
was published with an immediate
effective date. Under applicable federal
statutes, this document did not qualify
for an immediate effective date.
DATES: The applicability date for the
final rule published at 73 FR 72194 was
January 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Lucinda Henriksen, Office of Chief
Counsel, Federal Railroad
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590
(telephone 202–493–1345).
SUPPLEMENTARY INFORMATION: The final
rule in this proceeding, published on
November 26, 2008, indicated that it
would be effective upon publication.
See 73 FR 72194. Pursuant to Section
553 of the Administrative Procedure Act
(APA), codified at 5 U.S.C. 553, with
certain exceptions, substantive rules
cannot take effect less than 30 days after
publication, unless the agency finds
good cause for doing so and provides a
written explanation of any good cause
found when the rule is published. FRA
provided no justification for the
immediate effective date in the
published rule document and, in fact,
FRA did not intend to avail itself of the
good cause exception of 5 U.S.C. 553.
In addition, in accordance with the
Congressional Review Act (CRA), at 5
U.S.C. 801(a)(4), a final rule cannot take
effect until the rule is submitted to
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
6995
Congress in accordance with 5 U.S.C.
801(a)(1). The rule was submitted to
Congress on January 15, 2009.
According to the procedures
established by the Administrative
Committee of the Federal Register
under the Federal Register Act (44
U.S.C. Chapter 15), the amendments to
the Code of Federal Regulations (CFR)
set out in this final rule were
incorporated into the CFR on November
26, 2008, the effective date of the rule.
However, because of the issues with the
APA and the CRA, this rule could not
become applicable or enforceable until
January 15, 2009.
Accordingly, FRA acknowledges that
the rule was not effective and
enforceable until January 15, 2009. FRA
further notes that because the rule
establishes procedures that have not yet
been utilized, neither the public, nor
any regulated entities, were harmed in
the interim period between publication
of the rule and January 15, 2009.
Issued in Washington, DC, on February 6,
2009.
Jo Strang,
Acting Deputy Administrator.
[FR Doc. E9–3073 Filed 2–11–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
RIN 0648–XM03
Fraser River Sockeye Salmon
Fisheries; Inseason Orders
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary orders; inseason
orders; request for comments.
SUMMARY: NMFS publishes Fraser River
salmon inseason orders to regulate
salmon fisheries in U.S. waters. The
orders were issued by the Fraser River
Panel (Panel) of the Pacific Salmon
Commission (Commission) and
subsequently approved and issued by
NMFS during the 2008 salmon fisheries
within the U.S. Fraser River Panel Area.
These orders established fishing dates,
times, and areas for the gear types of
U.S. treaty Indian and all citizen
fisheries during the period the Panel
exercised jurisdiction over these
fisheries.
DATES: The effective dates for the
inseason orders are set out in this
E:\FR\FM\12FER1.SGM
12FER1
]]>Agencies
[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Rules and Regulations]
[Page 6995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3073]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 209
[FRA-2007-28573]
RIN 2130-AB87
Railroad Safety Enforcement Procedures; Enforcement, Appeal and
Hearing Procedures for Rail Routing Decisions
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; clarification.
-----------------------------------------------------------------------
SUMMARY: On November 26, 2008, FRA published the final rule in this
docket that established procedures to enable railroad carriers to
challenge rail routing decisions made by FRA's Associate Administrator
for Safety. The final rule was published with an immediate effective
date. Under applicable federal statutes, this document did not qualify
for an immediate effective date.
DATES: The applicability date for the final rule published at 73 FR
72194 was January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Lucinda Henriksen, Office of Chief
Counsel, Federal Railroad Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 (telephone 202-493-1345).
SUPPLEMENTARY INFORMATION: The final rule in this proceeding, published
on November 26, 2008, indicated that it would be effective upon
publication. See 73 FR 72194. Pursuant to Section 553 of the
Administrative Procedure Act (APA), codified at 5 U.S.C. 553, with
certain exceptions, substantive rules cannot take effect less than 30
days after publication, unless the agency finds good cause for doing so
and provides a written explanation of any good cause found when the
rule is published. FRA provided no justification for the immediate
effective date in the published rule document and, in fact, FRA did not
intend to avail itself of the good cause exception of 5 U.S.C. 553.
In addition, in accordance with the Congressional Review Act (CRA),
at 5 U.S.C. 801(a)(4), a final rule cannot take effect until the rule
is submitted to Congress in accordance with 5 U.S.C. 801(a)(1). The
rule was submitted to Congress on January 15, 2009.
According to the procedures established by the Administrative
Committee of the Federal Register under the Federal Register Act (44
U.S.C. Chapter 15), the amendments to the Code of Federal Regulations
(CFR) set out in this final rule were incorporated into the CFR on
November 26, 2008, the effective date of the rule. However, because of
the issues with the APA and the CRA, this rule could not become
applicable or enforceable until January 15, 2009.
Accordingly, FRA acknowledges that the rule was not effective and
enforceable until January 15, 2009. FRA further notes that because the
rule establishes procedures that have not yet been utilized, neither
the public, nor any regulated entities, were harmed in the interim
period between publication of the rule and January 15, 2009.
Issued in Washington, DC, on February 6, 2009.
Jo Strang,
Acting Deputy Administrator.
[FR Doc. E9-3073 Filed 2-11-09; 8:45 am]
BILLING CODE 4910-06-P
