Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License, 6994-6995 [E9-3119]
Download as PDF
<![CDATA[
6994
ACTION:
Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Rules and Regulations
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental abbreviated
new animal drug application (ANADA)
filed by Cross Vetpharm Group Ltd. The
supplemental ANADA provides for the
veterinary prescription use of flunixin
meglumine solution by intravenous
injection in dairy cattle for control of
pyrexia associated with acute bovine
mastitis.
This rule is effective February
12, 2009.
FOR FURTHER INFORMATION CONTACT: John
K. Harshman, Center for Veterinary
Medicine (HFV–104), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8197, email: john.harshman@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Cross
Vetpharm Group Ltd., Broomhill Rd.,
Tallaght, Dublin 24, Ireland, filed
supplemental ANADA 200–387 that
provides for veterinary prescription use
of FLUNAZINE (flunixin meglumine)
Injectable Solution intravenously in
dairy cattle for control of pyrexia
associated with acute bovine mastitis.
The supplemental ANADA is approved
as of December 18, 2008, and the
regulations are amended in 21 CFR
522.970 to reflect the approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
FDA has determined under 21 CFR
25.33(a)(1) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
mstockstill on PROD1PC66 with RULES
DATES:
List of Subject in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
■
VerDate Nov<24>2008
16:07 Feb 11, 2009
Jkt 217001
the Center for Veterinary Medicine, 21
CFR part 522 is amended as follows:
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
1. The authority citation for 21 CFR
part 522 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
2. In § 522.970, revise paragraphs
(b)(2) and (b)(4) to read as follows:
■
§ 522.970
Flunixin.
*
*
*
*
*
(b) * * *
(2) See No. 057561 for use as in
paragraphs (e)(1), (e)(2)(i)(A),
(e)(2)(ii)(A), and (e)(2)(iii) of this
section.
*
*
*
*
*
(4) See Nos. 055529, 059130, and
061623 for use as in paragraphs (e)(1)
and (e)(2) of this section.
*
*
*
*
*
Dated: February 3, 2009.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. E9–2941 Filed 2–11–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA–2006–24191; USCG–
2006–24196]
Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector; Hazardous
Materials Endorsement for a
Commercial Driver’s License
AGENCY:
United States Coast Guard;
DHS.
ACTION: Notice of extension of
compliance date, American Samoa,
Captain of the Port Zone Honolulu.
SUMMARY: This document informs
owners and operators of facilities
located on the island of American
Samoa within Captain of the Port Zone
Honolulu that the date by which they
must implement access control
procedures utilizing TWIC has been
extended to no later than April 14, 2009.
This extension is due to the fact that a
large percentage of the maritime
workforce in American Samoa is not
native to the island, and do not need to
comply with United States immigration
laws.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
DATES: The new compliance date for the
TWIC regulations found in 33 CFR part
105 for the island of American Samoa in
Captain of the Port Zone Honolulu is
April 14, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this document
as being available in the docket, are part
of dockets TSA–2006–24191 and
USCG–2006–24196, and are available
for inspection or copying at the Docket
Management Facility, 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. You may also find this docket
on the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call LCDR Jonathan Maiorine, telephone
1–877–687–2243. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
I. Regulatory History
On May 22, 2006, the Department of
Homeland Security (DHS), through the
United States Coast Guard (Coast Guard)
and the Transportation Security
Administration (TSA), published a joint
notice of proposed rulemaking entitled
‘‘Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector; Hazardous
Materials Endorsement for a
Commercial Driver’s License’’ in the
Federal Register (71 FR 29396). This
was followed by a 45-day comment
period and four public meetings. The
Coast Guard and TSA issued a joint
final rule, under the same title, on
January 25, 2007 (72 FR 3492)
(hereinafter referred to as the original
TWIC final rule). The preamble to that
final rule contains a discussion of all the
comments received on the NPRM, as
well as a discussion of the provisions
found in the original TWIC final rule,
which became effective on March 26,
2007.
On May 7, 2008, the Coast Guard and
TSA issued a final rule to realign the
compliance date for implementation of
the Transportation Worker
Identification Credential (73 FR 25562).
The date by which mariners need to
obtain a TWIC, and by which owners
and operators of vessels and outer
continental shelf facilities must
implement access control procedures
utilizing TWIC, is April 15, 2009.
Owners and operators of facilities that
E:\FR\FM\12FER1.SGM
12FER1
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]
[Pages 6994-6995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3119]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA-2006-24191; USCG-2006-24196]
Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License
AGENCY: United States Coast Guard; DHS.
ACTION: Notice of extension of compliance date, American Samoa, Captain
of the Port Zone Honolulu.
-----------------------------------------------------------------------
SUMMARY: This document informs owners and operators of facilities
located on the island of American Samoa within Captain of the Port Zone
Honolulu that the date by which they must implement access control
procedures utilizing TWIC has been extended to no later than April 14,
2009. This extension is due to the fact that a large percentage of the
maritime workforce in American Samoa is not native to the island, and
do not need to comply with United States immigration laws.
DATES: The new compliance date for the TWIC regulations found in 33 CFR
part 105 for the island of American Samoa in Captain of the Port Zone
Honolulu is April 14, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this document as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
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. You
may also find this docket on the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
I. Regulatory History
On May 22, 2006, the Department of Homeland Security (DHS), through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA), published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
On May 7, 2008, the Coast Guard and TSA issued a final rule to
realign the compliance date for implementation of the Transportation
Worker Identification Credential (73 FR 25562). The date by which
mariners need to obtain a TWIC, and by which owners and operators of
vessels and outer continental shelf facilities must implement access
control procedures utilizing TWIC, is April 15, 2009. Owners and
operators of facilities that
[[Page 6995]]
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).
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.
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]
BILLING CODE 4910-15-P
