39218 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 

(b) Enforcement Period. This section 

will be enforced from 10 a.m. to 10 p.m., 

each day, on September 11, 2009 

through September 13, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, or petty officers 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

state, or 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 

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 must 

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 must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: July 23, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–18739 Filed 8–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 10 and 11 

[Docket No. USCG–2006–24371] 

RIN 1625–AB02 

Consolidation of Merchant Mariner 

Qualification Credentials; Corrections 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule, correction. 

SUMMARY: The Coast Guard published a 

document in the Federal Register on 

March 16, 2009 (74 FR 11196), 

consolidating regulations concerning 

the issuance of merchant mariner 

credentials. That document contained 

several non-substantive errors, 

including an improperly worded 

amendatory instruction. This document 

corrects those errors. 

DATES: This final rule is effective August 

6, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Mayte Medina, Coast Guard, telephone 

202–372–1406. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

document published in the Federal 

Register on March 16, 2009 (74 FR 

11196), contained errors that this 

document corrects. 

We are making the following 

corrections in part 10. In § 10.109, we 

are reinserting three STCW 

endorsements that were erroneously left 

out of the final rule. In § 10.211, the 

Coast Guard discussed the date change 

in the final rule (74 FR 11197). 

However, when making the date change, 

we inadvertently missed this instance. 

In § 10.213, the change in the footnote 

to Table 12.213(c) is a correction to a 

cross-reference, which the Coast Guard 

inadvertently missed when we revised 

part 10 in the final rule. In § 10.227, we 

are correcting a similar cross-reference 

correction. In § 10.235, we are making 

corrections to clarify the language in 

that section. 

We are making the following 

corrections in part 11. In § 11.102, we 

are correcting those sections where 

material that has been incorporated by 

reference may be found in part 11. In 

§ 11.104, we are removing redundancy 

by eliminating definitions that already 

appear at the beginning of the 

subchapter in § 10.107. Finally, in the 

final rule, the amendatory instruction 

for § 11.601 incorrectly referred to 

paragraphs (a) through (c) (79 FR 

11252). We have included the correct 

amendatory language here. 

None of the above listed corrections 

are substantive in nature. 

List of Subjects 

46 CFR Part 10 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Seamen, Transportation 

Worker Identification Card. 

46 CFR Part 11 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Schools, Seamen. 

■ For the reasons discussed above, the 

Coast Guard corrects 46 CFR parts 10 

and 11 as follows: 

PART 10—MERCHANT MARINER 

CREDENTIAL 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter 

71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 

75; 46 U.S.C. 7701, 8906 and 70105; 

Executive Order 10173; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. In § 10.109, add paragraphs (d)(15), 

(16), and (17) to read as follows: 

§ 10.109 Classification of endorsements. 

* * * * * 

(d) * * * 

(15) Tankerman PIC. 

(16) Tankerman assistant. 

(17) Tankerman engineer. 

■ 3. In § 10.211(c), remove the words 

‘‘September 25, 208’’ and add, in their 

place, the words ‘‘April 15, 2009’’. 

§ 10.213 [Amended] 

■ 4. In § 10.213, in the first footnote of 

Table 10.213(c), remove the crossreference ‘‘(a)’’ after the word 

‘‘paragraph’’ and add, in its place, the 

cross-reference ‘‘(f)’’. 

§ 10.227 [Amended] 

■ 5. In § 10.227, in paragraph (g)(1), 

remove the cross-reference ‘‘(g)’’ after 

the word ‘‘paragraph’’ and add, in its 

place, the cross-reference ‘‘(d)(8)’’. 

§ 10.235 [Amended] 

■ 6. In § 10.235— 

■ a. In paragraph (b), in the first and 

second sentences, after the words 

‘‘applied for as an original’’, add the 

words ‘‘following the procedures of 

§§ 5.901–5.905 of this subchapter’’; 

■ b. In paragraph (d), after the words 

‘‘revoked, the mariner’’, remove the 

words ‘‘may apply for’’ and add, in their 

place, the words ‘‘will be issued’’; and 

■ c. In paragraph (h), remove the word 

‘‘non-administrative’’ and add, in its 

place, the words ‘‘a reason, other than 

administrative’’. 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

■ 7. The authority citation for part 11 

continues to read as follows: 

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 

and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. Section 11.107 is also issued 

under the authority of 44 U.S.C. 3507. 

§ 11.102 [Amended] 

■ 8. In § 11.102— 

■ a. In paragraph (b)(1), remove 

‘‘11.603;’’. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 39219 

■ b. In paragraph (b)(2), after ‘‘11.304,’’, 

add ‘‘11.603,’’. 

§ 11.104 [Removed and Reserved] 

■ 9. Remove and reserve § 11.104. 

■ 10. Revise § 11.601 to read as follows: 

§ 11.601 Applicability. 

This subpart provides for 

endorsement as radio officers for 

employment on vessels, and for the 

issue of STCW endorsements for those 

qualified to serve as radio operators on 

vessels subject to the provisions on the 

Global Maritime Distress and Safety 

System (GMDSS) of Chapter IV of 

SOLAS. SOLAS is available from the 

International Maritime Organization 

(IMO), 4 Albert Embankment, London 

SE1 7SR, England, telephone: +44 (0)20 

7735 7611, http://www.imo.org. 

Dated: July 30, 2009. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E9–18747 Filed 8–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 07–267; FCC 09–56] 

Forbearance Procedures 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Report and Order, the 

Commission adopts procedural rules to 

govern petitions for forbearance filed 

pursuant to section 10 of the 

Communications Act of 1934, as 

amended. The Commission has found 

that procedural rules are needed to 

specify parties’ rights and obligations 

with regard to such petitions. The 

Commission’s actions are designed to 

ensure that its procedures for handling 

forbearance petitions are front-loaded, 

actively managed, transparent, and fair. 

DATES: Effective September 8, 2009 

except § 1.54 which contains 

information collection requirements that 

have not been approved by OMB. The 

FCC will publish a document in the 

Federal Register announcing the 

effective date for those requirements. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Interested parties may contact Jonathan 

Reel, Wireline Competition Bureau, 

(202) 418–1580. 

For additional information concerning 

the Paperwork Reduction Act 

information collection requirements 

contained in this document, contact 

Judith B. Herman at (202) 418–0214, or 

via the Internet at JudithB.Herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order) in WC Docket No. 

07–267, FCC 09–56, adopted June 26, 

2009, and released June 29, 2009. The 

complete text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863–2893, facsimile 

(202) 863–2898, or via e-mail at http:// 

www.bcpiweb.com. It is also available 

on the Commission’s Web site at 

http://www.fcc.gov. 

Synopsis of Report and Order 

1. In November 2007, the Commission 

released a Notice of Proposed 

Rulemaking (the Forbearance 

Procedures NPRM) (73 FR 6888–01, 

February 6, 2008) initiating a 

rulemaking proceeding to establish 

procedural rules regarding the 

Commission’s consideration of petitions 

for forbearance filed pursuant to section 

10 of the Communications Act of 1934, 

as amended, (the Act). In this NPRM, 

the Commission sought comment on 

measures that had been proposed in a 

petition filed by Covad Communications 

Group, NuVox Communications, XO 

Communications, LLC, Cavalier 

Telephone Corp., and McLeodUSA 

Telecommunications Services, Inc. The 

Commission sought comment on, among 

other questions, whether all petitions 

for forbearance should be complete as 

filed; whether a petitioner for 

forbearance should have to demonstrate 

separately how it has satisfied each 

component of the forbearance standard; 

and whether the Commission must issue 

a written order on all forbearance 

proceedings. The Commission also 

asked whether the forbearance process 

was being used as Congress intended, 

how individual forbearance proceedings 

relate to industry-wide proceedings, and 

what burdens, including administrative 

and financial costs, forbearance 

proceedings place on stakeholders in 

the industry. 

2. In this Order, the Commission 

adopts procedural rules regarding 

forbearance petitions that reflect the 

Commission’s experience in addressing 

more than 120 forbearance petitions that 

have been filed under section 10 as well 

as the record in response to the 

Forbearance Procedures NPRM. In 

particular, the Commission adopts rules 

requiring that forbearance petitions be 

‘‘complete as filed.’’ This is consistent 

with the principle that whenever a 

petitioner files a petition for 

forbearance, the petitioner bears the 

burden of proof with respect to 

establishing that the statutory criteria 

for granting forbearance are met. The 

Commission also adopts procedures to 

ensure that forbearance petitions are 

addressed in a timely, equitable, and 

predictable manner. Further, the 

Commission provides that a forbearance 

petition may no longer be withdrawn or 

significantly narrowed by the petitioner 

after the tenth business day after the due 

date for reply comments without 

Commission authorization. These 

actions and the other actions in the 

Order seek to implement procedures for 

handling forbearance petitions in a 

manner that is front-loaded, actively 

managed, transparent, and fair. 

3. Petitions Must be Complete as 

Filed. In the Forbearance Procedures 

NPRM, the Commission sought 

comment on whether forbearance 

petitions should be required to be 

‘‘complete as filed.’’ Here, the 

Commission concludes that section 10 

petitions for forbearance must be 

complete as described below. 

Henceforth, the Commission requires 

forbearance petitions to state explicitly 

the scope of the relief requested; to 

address each prong of the statute as it 

applies to the rules or provisions from 

which the petitioner seeks relief; to 

identify any other proceedings pending 

before the Commission where the 

petitioner speaks to the relevant issues 

(or declare not to have spoken to the 

issue, if that is the case); and to comply 

with simple format requirements 

intended to facilitate our and the 

public’s review of the petition. 

4. The requirement does not prevent 

a petitioner from seeking additional data 

from third parties. At the time of filing, 

forbearance petitioners must identify 

the nature of the third-party information 

they need, the parties they believe 

possess it, and how the information 

relates to the petition. The requirement 

does not limit a petitioner’s ability to 

respond to arguments and data in 

oppositions and comments with 

counter-arguments and responsive data. 

A petitioner may submit substantively 

new material, including new 


erowe on DSK5CLS3C1PROD with RULES