Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 77753 

(3) Each handler making shipments of 

potatoes for canning, freezing, or ‘‘other 

processing’’ pursuant to paragraph (d) of 

this section shall: 

(i) First apply to the committee for 

and obtain a Special Purpose Certificate 

to make shipments for processing; 

(ii) Make shipments only to those 

firms whose names appear on the 

committee’s list of canners, freezers, or 

other processors of potato products 

maintained by the committee, or to 

persons not on the list provided the 

handler furnishes the committee, prior 

to such shipment, evidence that the 

receiver may reasonably be expected to 

use the potatoes only for canning, 

freezing, or other processing; 

(iii) Upon request by the committee, 

furnish reports, or cause reports to be 

furnished, for each shipment pursuant 

to the applicable Special Purpose 

Certificate; 

(iv) Mail to the office of the committee 

a copy of the bill of lading for each 

Special Purpose Certificate shipment 

promptly after the date of shipment 

unless other arrangements are made; 

(v) Bill each shipment directly to the 

applicable processor. 

(4) Each receiver of potatoes for 

processing pursuant to paragraph (d) of 

this section shall: 

(i) Complete and return an application 

form for consideration of approval as a 

canner, freezer, or other processor of 

potato products; 

(ii) Certify to the committee and to the 

Secretary that potatoes received from 

the production area for processing will 

be used for such purpose and will not 

be placed in fresh market channels; 

(iii) Report on shipments received as 

the committee may require and the 

Secretary approve. 

(5) Each handler desiring to make 

shipments of potatoes for 

experimentation shall: 

(i) First apply to the committee for 

and obtain a Special Purpose Certificate 

to make shipments for experimentation; 

(ii) Upon request by the committee, 

furnish reports of each shipment 

pursuant to the applicable Special 

Purpose Certificate. 

(6) Handlers diverting potatoes to 

livestock feed are not required to apply 

for a Special Purpose Certificate nor 

report such shipments to the committee. 

(7) Each handler desiring to make 

shipments of potatoes for charity shall: 

(i) First apply to the committee for, 

and obtain, a Special Purpose Certificate 

for the purpose of making shipments for 

charity: Provided, That shipments for 

charity of 1,000 pounds or less are 

exempt from the application and 

reporting requirements: And provided 

further, That potatoes previously 

graded, assessed, and inspected in 

preparation for shipment to the fresh 

market are exempt from the application 

and reporting requirements. 

(ii) Each handler shipping potatoes to 

charity must inform the recipient that 

the potatoes cannot be resold or 

otherwise placed in commercial market 

channels. 

(8) Each handler making shipments of 

seed potatoes shall furnish, at the 

request of the committee, reports on the 

total volume of seed potatoes handled. 

(f) Minimum quantity exemption. 

Each handler may ship up to, but not to 

exceed 5 hundredweight of potatoes per 

day without regard to the inspection 

and assessment requirements of this 

part, but this exception shall not apply 

to any shipment over 5 hundredweight 

of potatoes. 

(g) Inspection. (1) Except when 

relieved by paragraphs (d) or (f) of this 

section, no person may handle any 

potatoes unless a Federal-State 

Inspection Notesheet or certificate 

covering them has been issued by an 

authorized representative of the FederalState Inspection Service and the 

document is valid at the time of 

shipment. 

(2) U.S. No. 1 grade or better potatoes 

in the State of Washington which are 

resorted or repacked within 72 hours of 

being inspected and certified are exempt 

from reinspection. 

(h) Definitions. The terms U.S. No. 1, 

U.S. No. 2, not seriously damaged by 

dirt, fairly clean, slightly skinned, and 

moderately skinned shall have the same 

meaning as when used in the United 

States Standards for Grades of Potatoes 

(7 CFR 51.1540–51.1566), including the 

tolerances set forth in it. The term 

prepeeling means the commercial 

preparation in the prepeeling plant of 

clean, sound, fresh tubers by washing, 

peeling or otherwise removing the outer 

skin, trimming, sorting, and properly 

treating to prevent discoloration 

preparatory to sale in one or more of the 

styles of peeled potatoes described in 

§ 52.2422 United States Standards for 

Grades of Peeled Potatoes (7 CFR 

52.2421–52.2433). The term other 

processing has the same meaning as the 

term appearing in the Act and includes, 

but is not restricted to, potatoes for 

dehydration, chips, shoestrings, starch, 

and flour. It includes the application of 

heat or cold to such an extent that the 

natural form or stability of the 

commodity undergoes a substantial 

change. The act of peeling, cooling, 

slicing, dicing, or applying material to 

prevent oxidation does not constitute 

‘‘other processing.’’ Other terms used in 

this section have the same meaning as 

when used in the marketing agreement, 

as amended, and this part. 

Dated: December 7, 2010. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2010–31202 Filed 12–13–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2010–OS–0141; RIN 0790– 

AI66] 

32 CFR Part 241 

Pilot Program for the Temporary 

Exchange of Information Technology 

Personnel 

AGENCY: Department of Defense (DoD), 

Assistant Secretary of Defense 

(Networks and Information Integration)/ 

DoD Chief Information Officer 

(ASD(NII)/DoD CIO). 

ACTION: Interim final rule. 

SUMMARY: The Department of Defense 

(DoD) is issuing regulations to 

implement provisions contained in 

section 1110 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2010, October 28, 2009, which 

authorizes DoD to establish a Pilot 

Program for the Temporary Exchange of 

Information Technology (IT) Personnel. 

This statute authorizes the temporary 

assignments of DoD IT employees to 

private sector organizations. This statute 

also gives DoD the authority to accept IT 

employees for temporary assignments 

from private sector organizations. This 

Pilot is envisioned to promote the 

interchange of DoD and private sector IT 

professionals to enhance skills and 

competencies. The prompt 

implementation of an interim final rule 

is crucial in assisting DoD to pilot a 

program to enhance its position and 

expertise in the IT field, particularly in 

cybersecurity. 

The Administration has expressed 

considerable interest in the IT area, and 

stressed its importance in a recent 

Cyberspace Review Report. Given the 

changing workforce dynamics in the IT 

field, DoD needs to take advantage of 

these types of professional development 

programs to proactively position itself to 

keep pace with the changes in 

technology. 

The immediate implementation of an 

Interim Final Rule is viable to enhance 

IT professional skills, particularly in the 

area of cybersecurity. Several 

Components including Defense 

Information Systems Agency, Defense 

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77754 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

Advanced Research Projects Agency, 

Office of Naval Research, Office of the 

DoD’s Chief Information Officer, and 

Department Air Force, and Department 

of the Army are ready to participate. 

The program is not controversial and 

delayed implementation would deny an 

important benefit to the Department and 

the public. The ITEP would serve the 

public good by enhancing the DoD IT 

workforce skills to protect and defend 

our nation. 

DATES: Effective December 14, 2010. 

Comments must be received by 

February 14, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Tina-Marie Buckman at (703) 699–0105 

or by e-mail at tinamarie.buckman@osd.mil. 

SUPPLEMENTARY INFORMATION: This Pilot 

Program (‘‘Pilot’’) is authorized by 

section 1110 of the NDAA for FY2010 

(Pub. L. 111–84). Section 1110 

authorizes DoD Components to assign 

an exceptional IT employee to a private 

sector organization for purposes of 

training, development and sharing of 

best practices. It also gives DoD 

Components the authority to accept 

comparable IT employees on an 

assignment from the private sector for 

the training and development purposes 

and sharing of best practices and insight 

of government practices. DoD is 

proposing the addition of a new Part 

241, to title 32 of the Code of Federal 

Regulations (CFR), entitled ‘‘Pilot 

Program for the Temporary Exchange of 

Information Technology Personnel,’’ to 

implement the Pilot authorized by 

Section 1110. This Pilot will be referred 

to as the Information Technology 

Exchange Program (ITEP). The Assistant 

Secretary of Defense (Networks & 

Information Integration)/Department of 

Defense Chief Information Officer 

(ASD(NII)/DoD CIO) is responsible for 

administration of ITEP Pilot. Heads of 

DoD Components have responsibility for 

implementation of the Pilot. As required 

by NDAA FY2010, an annual reporting 

requirement on activities carried out for 

this information technology exchange 

program is required to be submitted to 

the defense congressional committees. 

a. Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

Under Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), a ‘‘significant 

regulatory action’’ is subject to Office of 

Management and Budget (OMB) review 

and the requirements of Executive Order 

12866. Section 3(f) of the Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

may adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This rule is substantive, nonsignificant regulatory action under 

section 3(f) of Executive Order 12866. 

OMB has reviewed this rule. 

b. Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

241 does not contain a Federal mandate 

that may result in expenditure by state, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

c. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

241 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

d. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

241 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

e. Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

241 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 241 

Government employees, information 

technology. 

■ Accordingly, 32 CFR part 241 is 

added to read as follows: 

PART 241—PILOT PROGRAM FOR 

TEMPORARY EXCHANGE OF 

INFORMATION TECHNOLOGY 

PERSONNEL 

Sec. 

241.1 Purpose. 

241.2 Definitions. 

241.3 Assignment authority. 

241.4 Eligibility. 

241.5 Written agreements. 

241.6 Length of assignments. 

241.7 Termination. 

241.8 Terms and conditions. 

241.9 Costs and reimbursements. 

241.10 Small business consideration. 

241.11 Numerical limitation. 

241.12 Reporting requirements. 

241.13 Implementation. 

Authority: Pub. L. 111–84, section 1110, 

October 28, 2009. 

§ 241.1 Purpose. 

(a) The purpose of this part is to 

implement section 1110 of the National 

Defense Authorization Act for Fiscal 

Year 2010 (Pub. L. 111–84), which 

authorizes DoD to implement a Pilot 

Program for the Temporary Exchange of 

Information Technology (IT) Personnel. 

This statute authorizes the temporary 

assignment of IT employees between 

DoD and private sector organizations. 

This statute also gives DoD the authority 

to accept private sector IT employees 

assigned under the Pilot. This Pilot is 

referred to as the Information 

Technology Exchange Program (ITEP). 

(b) Heads of DoD Components may 

approve assignments as a mechanism 

for improving the DoD workforce’s 

competency in using IT to deliver 

government information and services. 

Heads of DoD Components may not 

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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 77755 

make assignments under this part to 

circumvent personnel ceilings, or as a 

substitute for other more appropriate 

personnel decisions or actions. 

Approved assignments must meet the 

strategic program goals of the DoD 

Components. The benefits to the DoD 

Components and the private sector 

organizations are the primary 

considerations in initiating assignments; 

not the desires or personal needs of an 

individual employee. 

§ 241.2 Definitions. 

In this part: 

Assignment means the detail of a DoD 

employee to a private sector 

organization without a change of 

position; or the assignment of a private 

sector employee to a DoD Component 

without a change of position. 

DoD employee means a Federal 

civilian employee of the DoD. 

Exceptional employee for the 

purposes of this pilot means an 

employee who demonstrates unusually 

good performance which is consistently 

better than expected at the fully 

successful level or above. Performance 

meets or exceeds all standards 

established at the fully successful level 

or above and makes significant 

contributions towards achieving the 

organizational goals. 

Information technology (IT) as 

defined in section 11101 of title 40, 

U.S.C. includes computers, ancillary 

equipment (including imaging 

peripherals, input, output, and storage 

devices necessary for security and 

surveillance), peripheral equipment 

designed to be controlled by the central 

processing unit of a computer, software, 

firmware and similar procedures, 

services (including support services), 

and related resources. 

Information Technology Management 

(ITM) means the planning, organizing, 

staffing, directing, integrating, or 

controlling of information technology, 

including occupational specialty areas 

such as systems administration, IT 

project management, network services, 

operating systems, software application, 

cybersecurity, enterprise architecture, 

policy and planning, internet/web 

services, customer support, data 

management and systems analysis. 

Private sector organization means 

nonpublic or commercial individuals 

and businesses, nonprofit organizations, 

academia, scholastic institutions, and 

nongovernmental organizations. 

Small business concern means a 

business concern that satisfies the 

definitions and standards by the 

Administrator of the Small Business 

Administration (SBA) as defined by 

section 3703 (e)(2)(A) of title 5, U.S.C. 

§ 241.3 Assignment authority. 

The Secretary of Defense may with 

the agreement, of the private sector 

organization concerned, arrange for the 

temporary assignment of an employee to 

such a private sector organization or 

from such a private sector organization 

to a DoD Component. 

§ 241.4 Eligibility. 

(a) To be eligible for an ITEP 

assignment, a DoD or private sector 

employee must: 

(1) Work in the field of information 

technology management; 

(2) Be considered an exceptional 

employee; 

(3) Be expected to assume increased 

information technology management 

responsibilities in the future; and 

(4) Must be compensated at the GS– 

11 level or above (or the equivalent). 

(b) In addition to meeting the 

requirements of paragraph (a) of this 

section, the DoD employee must be 

serving under a career or careerconditional appointment or an 

appointment of equivalent tenure in the 

excepted service. 

(c) The private sector employee must 

meet citizenship requirements for 

Federal employment in accordance with 

5 CFR 7.3 and 338.101, as well as any 

other statutory requirements. When a 

position requires a security clearance, 

the person must possess, or be able to 

obtain an appropriate security 

clearance. 

(d) Proposed assignment meets 

applicable requirements of section 

209(b) of the E–Government Act of 

2002. 

§ 241.5 Written agreements. 

(a) Before an assignment begins, the 

head of the DoD Component, private 

sector organization and the employee to 

be assigned to ITEP must sign a threeparty agreement. Prior to the agreement 

being signed the relevant legal office for 

the DoD Component shall review and 

approve the agreement. The agreement 

must include, but is not limited to the 

following elements: 

(1) The duties to be performed and 

length of assignment; 

(2) An individual development plan 

describing the core IT competencies and 

technical skills that the detailee will be 

expected to enhance or acquire; 

(3) Identification of the supervisor of 

detailee. 

(b) The agreement shall require DoD 

employees, upon completion of the 

assignment serve in the civil service for 

a period equal to the length of the 

assignment; and 

(c) Provide that if the employee of the 

DoD or of the private sector organization 

(as the case may be) fails to carry out the 

agreement, such employee shall be 

liable to the United States for payment 

of all expenses of the assignment, unless 

that failure was for good and sufficient 

reason as determined by the Secretary of 

Defense. 

§ 241.6 Length of assignments. 

(a) An assignment shall be for a 

period of not less than 3 months and not 

more than 1 year, and may be extended 

in 3-month increments for a total of not 

more than 1 additional year by heads of 

DoD Components and private sector 

organizations. 

(b) No assignment may commence 

after September 30, 2013, unless an 

individual began an assignment by 

September 30, 2013. This extension may 

be granted in 3-month increments not to 

exceed 1 year. 

§ 241.7 Termination. 

An assignment may, at any time and 

for any reason be terminated by the DoD 

or the private sector organization 

concerned. 

§ 241.8 Terms and conditions. 

(a) A DoD employee assigned under 

this part: 

(1) Remains a Federal employee 

without loss of employee rights and 

benefits attached to that status. These 

include, but are not limited to: 

(i) Consideration for promotion; 

(ii) Leave accrual; 

(iii) Continuation of retirement 

benefits and health, life, and long-term 

care insurance benefits; and 

(iv) Pay increases the employee 

otherwise would have received if he or 

she had not been assigned; 

(2) Remains covered for purposes of 

the Federal Tort Claims Act, and for 

purposes of injury compensation as 

described in 5 U.S.C. chapter 81; and 

(3) Is subject to any action that may 

impact the employee’s position while he 

or she is assigned. 

(b) An employee of a private sector 

organization: 

(1) May continue to receive pay and 

benefits from the private sector 

organization from which such employee 

is assigned; 

(2) Is deemed to be an employee of the 

DoD for the purposes of: 

(i) Chapter 73 of title 5, United States 

Code (Suitability, Security, and 

Conduct); 

(ii) Sections 201 (Bribery of Public 

Officials and Witnesses), 203 

(Compensation to Members of Congress, 

Officers and Employees Against and 

Other Matters Affecting the 

Government) 205, (Activities of Officers 

and Employees in Claims Against Other 

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77756 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

Matters Affecting the Government), 207 

(Restrictions on Former Officers, 

Employees, and Elected Officials of the 

Executive and Legislative Branches), 

208 (Acts Affecting a Personal Financial 

Interest), 209 (Salary of Government 

Officials and Employees Payable only 

by the United States), 603 (Making 

Political Contributions), 606 

(Intimidation to Secure Political 

Contributions), 607, (Place of 

Solicitation), 643 (Accounting Generally 

for Public Money), 654 (Officer or 

Employee of the United States 

Converting Property of Another, 1905 

(Disclosure of Confidential Information 

Generally), and 1913 (Lobbying with 

Appropriated Moneys) of title 18, 

United States Code; 

(iii) Sections 1343, 1344, and 1349 (b) 

of title 31, United States Code; 

(iv) The Federal Tort Claims Act and 

any other Federal tort liability statute; 

(v) The Ethics in Government Act of 

1978; 

(vi) Section 1043 of the Internal 

Revenue Code of 1986; and 

(vii) Section 27 of the Office of 

Federal Procurement Policy Act; and 

(3) May not have access to any trade 

secrets or to any other nonpublic 

information which is of commercial 

value to the private sector organization 

from which he or she is assigned; 

(4) Is subject to such regulations as 

the President may prescribe; and 

(5) Is covered by 5 U.S.C. chapter 81, 

Compensation for Work Injuries. 

(6) Does not have any right or 

expectation for Federal employment 

solely on the basis of his or her 

assignment. 

§ 241.9 Costs and reimbursements. 

(a) Payment of salary and allowances. 

The lending organization (DoD or 

private sector organization) has full 

responsibility for payment of all salary 

and allowances to their employee 

participating in an ITEP assignment. 

(b) Business training and travel 

expenses. The engaging organization 

may pay for any business training and 

travel expenses incurred by the 

employee while on an ITEP assignment. 

(c) Prohibition. A private sector 

organization may not charge the DoD or 

any agency of the Federal Government, 

as direct or indirect costs under a 

Federal contract, for the costs of pay or 

benefits paid by that organization to an 

employee assigned to a DoD 

Component. 

§ 241.10 Small business consideration. 

The ASD(NII)/DoD CIO on behalf of 

the Secretary of Defense shall: 

(a) Ensure that, of the assignments 

made each year, at least 20 percent are 

small business concerns (as defined by 

5 U.S.C. 3703(e)(2)(A)). 

(b) Take into consideration the 

questions of how assignments might be 

used to help meet the needs of the DoD 

with respect to the training of 

employees in ITM. 

§ 241.11 Numerical limitation. 

The ITEP Pilot is an opportunity for 

the exchange of knowledge, experience 

and skills between DoD and the private 

sector. The DoD has the flexibility to 

send their employees to the private 

sector or receive private sector 

employees, or participate in a one-forone exchange. In no event may more 

than 10 employees participate in 

assignments under this section at any 

given time. 

§ 241.12 Reporting requirements. 

(a) For each of fiscal years 2010 

through 2015, the Secretary of Defense 

shall submit annual reports to the 

congressional defense committees, not 

later than 1 month after the end of the 

fiscal year involved, a report on any 

activities carried out during such fiscal 

year, including the following 

information: 

(1) Respective organizations to and 

from which an employee is assigned; 

(2) Positions those employees held 

while they were so assigned; 

(3) Description of the tasks they 

performed while they were so assigned; 

and 

(4) Discussion of any actions that 

might be taken to improve the 

effectiveness of the Pilot program, 

including any proposed changes in the 

law. 

(b) These reports will be prepared and 

submitted by ASD(NII)/DoD CIO in 

coordination with DoD Components 

participating in the pilot, to the 

appropriate congressional committees. 

§ 241.13 Implementation. 

The ASD(NII)/DoD CIO is responsible 

for administering, coordinating and 

implementing the Pilot Program for the 

Temporary Exchange of Information 

Personnel, referred to as the Information 

Technology Exchange Program (ITEP). 

The ASD(NII)/DoD CIO will coordinate 

with DoD Components. 

Dated: December 7, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–31255 Filed 12–13–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1011] 

RIN 1625–AA00 

Safety Zone; San Diego Parade of 

Lights Fireworks, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone upon the 

navigable water of the San Diego Bay in 

San Diego, CA in support of the two San 

Diego Parade of Lights Fireworks 

Displays on December 12 and December 

19, 2010. This safety zone is necessary 

to ensure the safety of vessels, 

spectators, participants and others in 

the vicinity of the fireworks displays. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 5:30 

p.m. on December 12, 2010, to 8 p.m. on 

December 19, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

1011 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1011 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7267, e-mail 

Shane.E.Jackson@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

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