Seventh Coast Guard District, Captain of the Port Zone Jacksonville, Temporary Restricted Anchorage, 26328-26329 [E9-12707]

Download as PDF 26328 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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 VerDate Nov<24>2008 16:00 Jun 01, 2009 Jkt 217001 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule regulates vessel movement around a marine regatta on the navigable waters of the United States. This type of event is categorically excluded from further analysis under section 2.B.2, figure 2–1, paragraph (34)(h) of the Instruction, and we anticipate that this exclusion will apply to this event. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. a line running along latitude 39°016′40″ N; and bounded on the south by the shoreline. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U. S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations: (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by the Coast Guard Patrol Commander or any Official Patrol. (ii) Proceed as directed by the Coast Guard Patrol Commander or any Official Patrol. (d) Enforcement period: This section will be enforced as follows; (1) from 6 a.m. until 7 p.m. on August 22, 2009. (2) In the case of inclement weather this marine event may be postponed and rescheduled for 6 a.m. to 7 p.m. on August 29, 2009. (3) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue marine information broadcast on VHF–FM marine band radio announcing specific event date and times. Dated: May 20, 2009. Fred M. Rosa, Jr., Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District. [FR Doc. E9–12705 Filed 6–1–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY 2. Add temporary § 100.35–T05–0251 to read as follows: Coast Guard § 100.35–T05–0251 Special Local Regulations for Marine Events; Patapsco River, Northwest Harbor, MD. 33 CFR Part 110 (a) Regulated area. The following locations are regulated areas: All waters of the Patapsco River, Northwest Harbor, Maryland, located near Locust Point, within an area bounded by the following lines of reference; bounded on the west by a line running along longitude 076°35′35″ W; bounded on the east by a line running along longitude 076°35′10″ W; bounded on the north by RIN 1625—AA01 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 [Docket No. USCG–2008–0006] Seventh Coast Guard District, Captain of the Port Zone Jacksonville, Temporary Restricted Anchorage Coast Guard, DHS. Proposed rule; withdrawal. AGENCY: ACTION: SUMMARY: The Coast Guard is withdrawing its proposed rule E:\FR\FM\02JNP1.SGM 02JNP1 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules concerning the establishment of three temporary restricted anchorages with associated safety/security zones within the Captain of the Port Zone Jacksonville. The proposed rule is being withdrawn because the geographic locations of the proposed anchorage areas are beyond three nautical miles from the baseline of the territorial sea. DATES: The proposed rule published at 73 FR 12925, March 11, 2008, is withdrawn, as of June 2, 2009. ADDRESSES: The docket for this withdrawn rulemaking is available for inspection or copying at 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. You may also find this docket on the Internet by going to https://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2008–0006 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice, contact Lieutenant Commander Mark Gibbs at U.S. Coast Guard Sector Jacksonville Prevention Department, telephone 904–564–7563, e-mail Mark.A.Gibbs@uscg.mil. If you have questions on viewing material in the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Background On March 11, 2008, we published a notice of proposed rulemaking entitled ‘‘Seventh Coast Guard District, Captain of the Port Zone Jacksonville, Temporary Restricted Anchorage’’ in the Federal Register (73 FR 12925). We received no comments on the proposed rule; no public meeting was requested and none was held. The rulemaking concerned establishment of three, multi-purpose, temporary restricted anchorages with associated safety/security zones to service vessels intending to call on the ports of Jacksonville or Fernandina, within the Captain of the Port Zone Jacksonville as defined by 33 CFR 3.35– 20. These temporary restricted anchorages and associated safety/ security zones were designed for the geographic separation and/or restriction of vessels or persons on such vessels when such vessels or persons pose or are suspected of posing a safety, public health, environmental, or security threat. Withdrawal The proposed rule sought to establish anchorage areas beyond three nautical miles from the territorial sea baseline. Currently, the Coast Guard’s authority under the Rivers and Harbors Act does not allow it to create anchorages more than three miles from the territorial sea baseline (see 33 CFR 2.20 and 2.22). Therefore, we are withdrawing our proposal, which was published on March 11, 2008, in the Federal Register (73 FR 12925). Authority: We issue this notice of withdrawal under the authority of 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. Dated: May 12, 2009. R.S. Branham, Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh District. [FR Doc. E9–12707 Filed 6–1–09; 8:45 am] BILLING CODE 4910–15–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [MD Docket No. 09–65; FCC 09–38] Assessment and Collection of Regulatory Fees for Fiscal Year 2009 AGENCY: Federal Communications Commission. ACTION: 26329 Notice of proposed rulemaking. SUMMARY: The Commission will revise its Schedule of Regulatory Fees in order to recover an amount of $341,875,000 that Congress has required the Commission to collect for fiscal year 2009. Section 9 of the Communications Act of 1934, as amended, provides for the annual assessment and collection of regulatory fees under sections 9(b)(2) and 9(b)(3), respectively, for annual ‘‘Mandatory Adjustments’’ and ‘‘Permitted Amendments’’ to the Schedule of Regulatory Fees. DATES: Comments are due June 4, 2009, and reply comments are due June 11, 2009. ADDRESSES: You may submit comments, identified by MD Docket No. 09–65, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web Site: https:// www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments. • E-mail: ecfs@fcc.gov. Include MD Docket No. 09–65 in the subject line of the message. • Mail: Commercial overnight mail (other than U.S. Postal Service Express Mail) and Priority Mail, must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW., Washington DC 20554. FOR FURTHER INFORMATION CONTACT: Daniel Daly, Office of Managing Director at (202) 418–1832. SUPPLEMENTARY INFORMATION: Adopted: May 11, 2009; Released: May 14, 2009. By the Commission: Acting Chairman Copps issuing a statement. TABLE OF CONTENTS Paragraph No. Heading I. INTRODUCTION ................................................................................................................................................................................... II. NOTICE OF PROPOSED RULEMAKING ............................................................................................................................................ A. FY 2009 Regulatory Fee Assessment Methodology—Development of FY 2009 Regulatory Fees ........................................... B. Regulatory Fee Obligations for Digital Broadcasters .................................................................................................................. C. Commercial Mobile Radio Service Messaging Service ............................................................................................................... D. International Bearer Circuits ........................................................................................................................................................ E. Administrative and Operational Issues ....................................................................................................................................... 1. Mandatory Use of Fee Filer ................................................................................................................................................... 2. Notification and Collection of Regulatory Fees ................................................................................................................... a. Pre-bills ............................................................................................................................................................................ VerDate Nov<24>2008 16:00 Jun 01, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\02JNP1.SGM 02JNP1 1 2 2 5 8 9 11 12 16 16

Agencies

[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Proposed Rules]
[Pages 26328-26329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12707]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0006]
RIN 1625--AA01


Seventh Coast Guard District, Captain of the Port Zone 
Jacksonville, Temporary Restricted Anchorage

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its proposed rule

[[Page 26329]]

concerning the establishment of three temporary restricted anchorages 
with associated safety/security zones within the Captain of the Port 
Zone Jacksonville. The proposed rule is being withdrawn because the 
geographic locations of the proposed anchorage areas are beyond three 
nautical miles from the baseline of the territorial sea.

DATES: The proposed rule published at 73 FR 12925, March 11, 2008, is 
withdrawn, as of June 2, 2009.

ADDRESSES: The docket for this withdrawn rulemaking is available for 
inspection or copying at 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. You may also find 
this docket on the Internet by going to https://www.regulations.gov, 
selecting the Advanced Docket Search option on the right side of the 
screen, inserting USCG-2008-0006 in the Docket ID box, pressing Enter, 
and then clicking on the item in the Docket ID column.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, contact Lieutenant Commander Mark Gibbs at U.S. Coast Guard 
Sector Jacksonville Prevention Department, telephone 904-564-7563, e-
mail Mark.A.Gibbs@uscg.mil. If you have questions on viewing material 
in the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    On March 11, 2008, we published a notice of proposed rulemaking 
entitled ``Seventh Coast Guard District, Captain of the Port Zone 
Jacksonville, Temporary Restricted Anchorage'' in the Federal Register 
(73 FR 12925). We received no comments on the proposed rule; no public 
meeting was requested and none was held.
    The rulemaking concerned establishment of three, multi-purpose, 
temporary restricted anchorages with associated safety/security zones 
to service vessels intending to call on the ports of Jacksonville or 
Fernandina, within the Captain of the Port Zone Jacksonville as defined 
by 33 CFR 3.35-20. These temporary restricted anchorages and associated 
safety/security zones were designed for the geographic separation and/
or restriction of vessels or persons on such vessels when such vessels 
or persons pose or are suspected of posing a safety, public health, 
environmental, or security threat.

Withdrawal

    The proposed rule sought to establish anchorage areas beyond three 
nautical miles from the territorial sea baseline. Currently, the Coast 
Guard's authority under the Rivers and Harbors Act does not allow it to 
create anchorages more than three miles from the territorial sea 
baseline (see 33 CFR 2.20 and 2.22). Therefore, we are withdrawing our 
proposal, which was published on March 11, 2008, in the Federal 
Register (73 FR 12925).

    Authority: We issue this notice of withdrawal under the 
authority of 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 
CFR 1.05-1; and Department of Homeland Security Delegation No. 
0170.1.

    Dated: May 12, 2009.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. E9-12707 Filed 6-1-09; 8:45 am]
BILLING CODE 4910-15-P

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