National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting, 21814 [E9-10783]
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21814
Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices
including taxicabs, hotel, and airport shuttles
will be inspected before being allowed on
campus. Visitors will be asked to show one
form of identification (for example, a
government-issued photo ID, driver’s license,
or passport) and to state the purpose of their
visit.
Information is also available on the
Institute’s/Center’s home page: https://
www.nichd.nih.gov/about/bsd/htm, where an
agenda and any additional information for
the meeting will be posted when available.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.864, Population Research;
93.865, Research for Mothers and Children;
93.929, Center for Medical Rehabilitation
Research; 93.209, Contraception and
Infertility Loan Repayment Program, National
Institutes of Health, HHS)
and Clinicians; 93.272, Alcohol National
Research Service Awards for Research
Training; 93.273, Alcohol Research Programs;
93.891, Alcohol Research Center Grants,
National Institutes of Health, HHS)
Dated: May 4, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–10801 Filed 5–8–09; 8:45 am]
[USCG–2004–17674]
Dated: May 4, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–10783 Filed 5–8–09; 8:45 am]
BILLING CODE 4140–01–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Craft Routinely Operated Dockside
Coast Guard, DHS.
Notice of policy.
AGENCY:
ACTION:
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute on Alcohol Abuse
and Alcoholism; Notice of Closed
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute on
Alcohol Abuse and Alcoholism, Special
Emphasis Panel, The Effects of Alcohol on
Glial Cells (RFA–AA–09–003/004).
Date: July 8–9, 2009.
Time: 8:30 a.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: Legacy Hotel, 1775 Rockville Pike,
Rockville, MD 20852.
Contact Person: Beata Buzas, PhD,
Scientific Review Officer, National Institute
on Alcohol Abuse and Alcoholism, National
Institutes of Health, 5635 Fishers Lane, Rm
2081, Rockville, MD 20852. 301–443–0800.
bbuzas@mail.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.271 Alcohol Research
Career Development Awards for Scientists
VerDate Nov<24>2008
15:05 May 08, 2009
Jkt 217001
SUMMARY: The Coast Guard gives notice
that, in accord with a recent Supreme
Court decision, it will no longer inspect
permanently moored craft or issue
Certificates of Inspection to such craft
unless a craft demonstrates that it is a
vessel, capable of being used as a means
of transportation on water. This notice
discusses the implications of the
Supreme Court decision and responds
to comments received in response to a
2004 notice that proposed a policy for
permanently moored vessels.
DATES: The policy announced in this
notice is effective May 11, 2009.
Inspection services will continue, with
State concurrence, until May 11, 2011,
for permanently moored craft that
currently possess a Coast Guard-issued
Certificate of Inspection, and that have
been designed to Coast Guard
regulations, and that may not be
acceptable for regulation immediately
by the State having jurisdiction.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2004–17674 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 20590–0001, 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: For
questions on this policy, contact
Lieutenant Commander David Webb of
the Coast Guard’s Office of Vessel
Activities (CG–543), telephone 202–
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
372–1216. For questions on viewing the
docket call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Background
This notice is issued under the
authority of 46 U.S.C. 3306, which
conveys authority to the Secretary of
Homeland Security to implement the
vessel inspection provisions of 46
U.S.C. 3301.
On June 21, 2004, the Coast Guard
published a notice of proposed policy in
the Federal Register (69 FR 34385),
regarding the inspection of permanently
moored vessels (PMVs). We proposed a
policy of no longer issuing Certificates
of Inspection (COI) to PMVs and no
longer inspecting PMVs that currently
have a COI, and invited public
comments. In response, we received
letters from 27 commenters, containing
62 comments.
While we were considering those
public comments, the Supreme Court
issued its decision in Stewart v. Dutra
Construction Company, Inc., 543 U.S.
481, 125 S.Ct. 1118 (2005). That case
held that a dredge was a ‘‘vessel’’ under
1 U.S.C. 3. The Court decided that 1
U.S.C. 3 provides the defining criteria
for determining what constitutes a
vessel, wherever the U.S. Code refers to
‘‘vessel’’ as a jurisdictional criterion. In
determining whether a particular craft is
also a vessel, the ‘‘question remains in
all cases whether the watercraft’s use ‘as
a means of transportation on water’ is a
practical possibility or merely a
theoretical one.’’ 543 U.S. at 496.
The Supreme Court’s decision ended
the prior situation, under which various
circuit courts of appeal had applied
different tests to determine whether a
particular craft constituted a vessel,
depending on the statute to be
construed and the facts of the case.
Under the prior situation, we attempted
to apply the different tests so as to
provide maximum flexibility in
achieving the purpose of the particular
statute being administered. After
Stewart, however, it is clear that we
must apply the single test of whether a
craft is used, or is practically capable of
being used, as a means of transportation
on water. Stewart implies that a
‘‘permanently moored vessel’’ is an
oxymoron, since such a craft is neither
used nor practically capable of being
used as transportation on water, and
therefore cannot be considered a vessel.
Only a vessel can be inspected by the
Coast Guard under the authority of 46
U.S.C. 3301. Thus, in order to conform
to Stewart, we have concluded that we
will issue Certificates of Inspection to
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Agencies
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10783]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Institute on Alcohol Abuse and Alcoholism; Notice of
Closed Meeting
Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is hereby given of the following
meeting.
The meeting will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose confidential trade secrets or commercial property such as
patentable material, and personal information concerning individuals
associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
Name of Committee: National Institute on Alcohol Abuse and
Alcoholism, Special Emphasis Panel, The Effects of Alcohol on Glial
Cells (RFA-AA-09-003/004).
Date: July 8-9, 2009.
Time: 8:30 a.m. to 5 p.m.
Agenda: To review and evaluate grant applications.
Place: Legacy Hotel, 1775 Rockville Pike, Rockville, MD 20852.
Contact Person: Beata Buzas, PhD, Scientific Review Officer,
National Institute on Alcohol Abuse and Alcoholism, National
Institutes of Health, 5635 Fishers Lane, Rm 2081, Rockville, MD
20852. 301-443-0800. bbuzas@mail.nih.gov.
(Catalogue of Federal Domestic Assistance Program Nos. 93.271
Alcohol Research Career Development Awards for Scientists and
Clinicians; 93.272, Alcohol National Research Service Awards for
Research Training; 93.273, Alcohol Research Programs; 93.891,
Alcohol Research Center Grants, National Institutes of Health, HHS)
Dated: May 4, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-10783 Filed 5-8-09; 8:45 am]
BILLING CODE 4140-01-M