Sale and Disposal of National Forest System Timber; Special Forest Products and Forest Botanical Products, 26091-26092 [E9-12685]
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Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations
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
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15:22 May 29, 2009
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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 the establishment of a safety
zone.
An environmental analysis checklist
and a categorical exclusion
determination are 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.
■ 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
26091
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: May 5, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–12601 Filed 5–29–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
1. The authority citation for part 165
continues to read as follows:
Forest Service
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
36 CFR Part 223, 261
■
2. Add a new temporary zone
§ 165.T11–162 to read as follows:
■
RIN 0596–AB81
Sale and Disposal of National Forest
System Timber; Special Forest
Products and Forest Botanical
Products
Forest Service, USDA.
Notice of delay of effective date.
§ 165.T11–162 Safety Zone; Paradise Point
Fourth of July Fireworks; Mission Bay, San
Diego, CA.
AGENCY:
(a) Location. The limits of the safety
zone are all the navigable waters within
600 feet of the fireworks barge located
at approximately 32°46.36′ N,
117°14.57′ W.
(b) Enforcement Period. This section
will be enforced from 8:45 p.m. to 9:30
p.m. on July 3, 2009. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) 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.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
SUMMARY: The Department is delaying
the effective date of this rule. The
Department previously delayed the
effective date on March 30, 2009. More
time is needed for the Forest Service to
properly respond to the comments and
to consider any potential changes to the
rule. A Federal Register document will
be published in the future that responds
to the comments and sets the effective
date. The rule regulates the sustainable
free use, commercial harvest, and sale of
special forest products and forest
botanical products from National Forest
System lands.
DATES: Effective May 29, 2009, the
effective date for the rule published at
73 FR 79367, December 29, 2008, and
delayed at 74 FR 14049, March 30, 2009,
is delayed indefinitely. Forest Service
will publish notification in the Federal
Register when an effective date is
established.
FOR FURTHER INFORMATION CONTACT:
Richard Fitzgerald, Forest Service,
Forest Management Staff, (202) 205–
PO 00000
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ACTION:
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26092
Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations
1753. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The
Department is delaying the effective
date of the final rule published
December 29, 2008 (73 FR 79367),
which regulates the sustainable free use,
commercial harvest, and sale of special
forest products and forest botanical
products from National Forest System
lands. The Department previously
delayed the effective date on March 30,
2009 (74 FR 14049). Further delay is
necessary, because more time is needed
for the Forest Service to properly
respond to the comments and to
consider any potential changes to the
rule.
Dated: May 27, 2009.
Ann Bartuska,
Acting Deputy Under Secretary, Natural
Resources and Environment.
[FR Doc. E9–12685 Filed 5–29–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 38
RIN 2900–AM53
Headstone and Marker Application
Process
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule amends the
Department of Veterans Affairs (VA)
regulations concerning headstones and
markers furnished by the Government
through the VA headstone and marker
program. It updates ordering procedures
for headstones and markers and
provides instructions for requesting the
addition of a new emblem of belief to
VA’s list of emblems available for
inscription on Government-furnished
headstones and markers. Additionally,
this final rule establishes criteria to
guide VA’s decisions on requests to add
new emblems of belief to the list.
DATES: Effective Date: July 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Lindee Lenox, Director, Memorial
Programs Service, Office of Field
Programs, National Cemetery
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. Telephone:
(202) 501–3100 (this is not a toll-free
number).
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On
January 19, 2007, VA published a notice
of proposed rulemaking in the Federal
Register (72 FR 2480). We proposed to
amend VA’s regulations concerning
procedures for ordering Governmentfurnished headstones and markers and
to establish requirements for requesting
the addition of a new emblem of belief
to VA’s list of emblems available for
inscription on headstones and markers.
We provided a 60-day comment period,
which ended on March 20, 2007, and
received 538 comments from 522
individuals and 16 organizations. Of the
538 comments, 256 expressed support
for VA’s approval of a specific emblem
of belief. Several other commenters
suggested that VA conduct a review of
all existing emblem inscriptions to
ensure compliance with the proposed
rule. Since the proposed rule concerned
the procedures for adding a new
emblem to the list of emblems available
for inscription, not whether a specific
emblem should be added pursuant to
the proposed procedures or whether
each of the 2,774,634 graves currently
maintained by VA are marked in
accordance with the proposed
procedures, these comments are beyond
the scope of this rulemaking and will
not be addressed in this document.
Several commenters generally
questioned the rulemaking process and
our standard statements of compliance
with regulatory law. A few commenters
also requested that we send them
separate, written responses to each of
their comments. VA is required to
follow the rulemaking procedures
established by the Administrative
Procedure Act, other Federal statutes,
and various Executive Orders.
Comments concerning those procedures
are also beyond the scope of this
rulemaking and will not be addressed in
this document.
Based on the rationale set forth in the
proposed rule and in this document, we
adopt the provisions of the proposed
rule as a final rule with the changes
indicated below.
SUPPLEMENTARY INFORMATION:
Application Process
Many commenters recommended that
VA establish a period within which it
must act on a request to add a new
emblem of belief to its list of emblems
available for inscription on
Government-furnished headstones and
markers. We disagree and will not make
any changes based on these comments.
To ensure that individuals are
afforded every opportunity to
substantiate their claims and receive the
full benefit of VA’s duty to assist, VA
has not established arbitrary or
unnecessary deadlines for deciding
PO 00000
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applications for veterans benefits. For
the same reasons, we decline to
establish such a deadline for emblem
requests. Under 38 CFR 38.632(f), VA
will provide individuals who submit an
incomplete emblem request notice
concerning the status of their request
and an opportunity to submit additional
information. Also, in § 38.632(g), we
clarify that VA will decide applications
for new emblems only if they are
complete. Although we decline to
establish an arbitrary deadline for
deciding an emblem request,
§ 38.632(g)(1) limits such requests to
cases of immediate need. The request
must relate to an application for a
Government-furnished headstone or
marker for an eligible deceased
individual. Previously organizations
could request that VA add their emblem
to the list of emblems available for
inscription when there was no
immediate need. Many of the
submissions we received from
organizations were not actual
applications, but merely letters of
interest that required research, review,
and written responses. Under the new
‘‘immediate need’’ requirement in
§ 38.632(g)(1), VA will be able to
process applications for new emblems
within a reasonable time after an
interment or other memorial ceremony.
Several commenters suggested that
VA could provide greater transparency
in the emblem request process by
providing notice of receipt of requests
and information concerning the status of
requests.
We agree that it is important to keep
applicants apprised of the status of their
requests. As described above regarding
§ 38.632(g), VA will decide complete
requests as soon as possible. Upon
receipt of an incomplete request to add
a new emblem of belief, § 38.632(f)
provides that VA will notify the
applicant in writing of any missing
information and that he or she has 60
days to submit the information. Further,
if the Under Secretary for Memorial
Affairs determines that an emblem
represents a belief but would adversely
affect the dignity and solemnity of the
cemetery environment, § 38.632(h)(2)
provides for additional notice to the
individual concerning remedial options.
These measures provide sufficient
transparency, and we decline to impose
additional administrative requirements
at this time.
Some commenters suggested that VA
allow living veterans and
servicemembers, particularly
servicemembers deployed to or serving
in combat zones, to request a new
emblem of belief in advance of need. We
E:\FR\FM\01JNR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Rules and Regulations]
[Pages 26091-26092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12685]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 223, 261
RIN 0596-AB81
Sale and Disposal of National Forest System Timber; Special
Forest Products and Forest Botanical Products
AGENCY: Forest Service, USDA.
ACTION: Notice of delay of effective date.
-----------------------------------------------------------------------
SUMMARY: The Department is delaying the effective date of this rule.
The Department previously delayed the effective date on March 30, 2009.
More time is needed for the Forest Service to properly respond to the
comments and to consider any potential changes to the rule. A Federal
Register document will be published in the future that responds to the
comments and sets the effective date. The rule regulates the
sustainable free use, commercial harvest, and sale of special forest
products and forest botanical products from National Forest System
lands.
DATES: Effective May 29, 2009, the effective date for the rule
published at 73 FR 79367, December 29, 2008, and delayed at 74 FR
14049, March 30, 2009, is delayed indefinitely. Forest Service will
publish notification in the Federal Register when an effective date is
established.
FOR FURTHER INFORMATION CONTACT: Richard Fitzgerald, Forest Service,
Forest Management Staff, (202) 205-
[[Page 26092]]
1753. Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: The Department is delaying the effective
date of the final rule published December 29, 2008 (73 FR 79367), which
regulates the sustainable free use, commercial harvest, and sale of
special forest products and forest botanical products from National
Forest System lands. The Department previously delayed the effective
date on March 30, 2009 (74 FR 14049). Further delay is necessary,
because more time is needed for the Forest Service to properly respond
to the comments and to consider any potential changes to the rule.
Dated: May 27, 2009.
Ann Bartuska,
Acting Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. E9-12685 Filed 5-29-09; 8:45 am]
BILLING CODE 3410-11-P
