39584 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 

airworthiness directive (AD) action by 

October 6, 2009. 

Affected ADs 

(b) This AD supersedes AD 87–14–01 R1, 

Amendment 39–6359. 

Applicability 

(c) This AD applies to Pratt & Whitney 

JT8D–7, –7A, –7B, –9, –9A, –11, –15, and –17 

turbofan engines, with 2nd stage fan blades, 

part number (P/N) 433802, 645902, 759902, 

695932, 678102, or 746402, installed. These 

engines are installed on, but not limited to, 

Boeing 727, 737, and McDonnell Douglas 

DC–9 series airplanes. 

Unsafe Condition 

(d) This AD results from reports of 10 

fractures of 2nd stage fan blades since AD 

87–14–01R1 became effective. We are issuing 

this AD to prevent uncontained failure of 2nd 

stage fan blades, which could result in 

damage to the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

2nd Stage Fan Blade Inspections 

(f) For 2nd stage fan blades, P/N 678102 

and P/N 746402, perform an eddy current 

inspection (ECI) of the blade pin-root holes 

for cracks, and for 2nd stage fan blades, 

P/Ns 433802, 645902, 759902, and 695932, 

perform an ECI of the blade pin-root holes 

and perform an ultrasonic inspection (UI) of 

the blade root attachment for cracks, as 

follows: 

(1) Perform an inspection at the first 

disassembly of the 2nd stage fan rotor from 

the low-pressure (LP) compressor after 

accumulation of 3,000 cycles-in-service (CIS) 

since the last inspection of the blade root 

attachment, not to exceed 10,000 CIS since 

last inspection. 

(2) If the 2nd stage fan blades were new at 

their last installation onto the 2nd stage fan 

disk, inspect at the first disassembly of the 

2nd stage fan rotor from the LP compressor 

after accumulating 3,000 cycles-since-new 

(CSN), not to exceed 10,000 CSN. 

(3) Thereafter, inspect the 2nd stage fan 

blades at each disassembly of the 2nd stage 

fan rotor from the LP compressor after 

accumulating 3,000 CIS, not to exceed 10,000 

CIS since the last inspection. 

(4) Guidance on performing ECIs and UIs 

of the 2nd stage fan blade pin-root holes and 

blade root attachments can be found in Pratt 

& Whitney Maintenance Advisory Notice 

MAN–JT8D–1–08. 

(5) Remove from service before further 

flight any 2nd stage fan blades that are found 

cracked. 

Optional Terminating Action 

(g) For JT8D–9, –9A, –11, –15, and –17 

engines, as optional terminating action to the 

repetitive inspections required by this AD, 

replace the affected 2nd stage fan blades with 

redesigned 2nd stage fan blades using Pratt 

& Whitney Service Bulletin No. 5866, 

Revision 2, dated October 20, 1998. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, FAA, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) Contact Kevin Dickert, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 238– 

7199, for more information about this AD. 

(j) Contact Pratt & Whitney, 400 Main St., 

East Hartford, CT 06108; telephone (860) 

565–8770; fax (860) 565–4503, for a copy of 

the service information referenced in this 

AD. 

Issued in Burlington, Massachusetts, on 

August 3, 2009. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18941 Filed 8–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0277] 

RIN 1625–AA00 

Safety Zone; San Clemente Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone around San 

Clemente Island in support of 

potentially hazardous military training 

and testing exercises. The existing zones 

do not sufficiently overlap potential 

danger zones and testing areas used by 

the Navy during live-fire and ocean 

research operations resulting in a delay 

or cancellation of these operations. The 

proposed safety zone would protect the 

public from hazardous, live-fire and 

testing operations and ensure operations 

proceed as scheduled. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before November 5, 2009. Requests 

for public meetings must be received by 

the Coast Guard on or before August 28, 

2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0277 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Petty Officer Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0277), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand deliver, but please use only one of 

these means. If you submit a comment 

online via http://www.regulations.gov, it 

will be considered received by the Coast 

Guard when you successfully transmit 

the comment. If you fax, hand deliver, 

or mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 


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contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0277’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 8c by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0277 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is proposing to 

establish this safety zone to conduct 

training essential to successful 

accomplishment of U.S. Navy missions 

relating to military operations and 

national security. Accordingly, this 

proposed safety zone falls within the 

military function exception to the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(a)(1). Notice and comment 

rulemaking under 5 U.S.C. 553(b) and 

an effective date of 30 days after 

publication under 5 U.S.C. 553(d) are 

not required for this rulemaking. 

However, we have determined that it 

would be beneficial to accept public 

comments on this proposed rule. 

Therefore, we will be accepting 

comments until November 5, 2009. By 

issuing this notice of proposed 

rulemaking and accepting public 

comments, the Coast Guard does not 

waive its ability to claim the military 

function exception to notice and 

comment rulemaking. 

Background and Purpose 

As part of the Southern California 

Range Complex, San Clemente Island 

(SCI) and the surrounding littoral waters 

support the training requirements for 

the U.S. Pacific Fleet, Fleet Marine 

Forces Pacific, Naval Special Warfare 

Command, Naval Expeditionary Combat 

Command and other military training 

and research units. In 1934, Executive 

Order 6897 transferred ownership of SCI 

from the Department of Commerce to 

the Department of the Navy for ‘‘naval 

purposes’’. The San Clemente Island 

Range Complex (SCIRC) has the 

capability to support training in all 

warfare areas including Undersea 

Warfare, Surface Warfare, Mine Warfare, 

Strike Warfare, Air Warfare, 

Amphibious Warfare, Command and 

Control, and Naval Special Warfare. It is 

the only location in the United States 

that supports Naval Special Warfare 

full-mission training profiles. The Shore 

Bombardment Area (SHOBA) is the only 

range in the United States where 

expeditionary fire support exercises 

utilizing ship to shore naval gunfire can 

be conducted. SCI’s unique coastal 

topography, proximity to the major Fleet 

and Marine concentration areas in San 

Diego County, supporting infrastructure, 

and exclusive Navy ownership make the 

island and surrounding waters vitally 

important for fleet training, weapon and 

electronic systems testing, and research 

and development activities. 

The proposed safety zone is necessary 

to protect the public from hazardous, 

live-fire and testing operations and 

ensure operations proceed as scheduled. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a permanent safety zone around San 

Clemente Island for use by the U.S. 

Navy. The segmented safety zone would 

extend from the high tide line seaward 

3 NM. The zone would be broken down 

into the following sections: 

(a) Section A 

Beginning at 33°02.05′ N, 118°35.85′ 

W; thence to 33°04.93′ N, 118°37.07′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 33°02.82′ N, 

118°30.65′ W; thence to 33°17.28′ N, 

118°33.88′ W; thence along the 

shoreline returning to 33°02.05′ N, 

118°35.85′ W. 

(b) Section B 

Beginning at 32°57.30′ N, 118°30.88′ 

W; thence to 32°59.60′ N, 118°28.33′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°55.83′ N, 

118°24.22′ W; thence to 32°53.53′ N, 

118°26.52′ W; thence along the 

shoreline returning to 32°57.30′ N, 

118°30.88′ W. 

(c) Section C 

Beginning at 32°53.53′ N, 118°26.52′ 

W; thence to 32°55.83′ N, 118°24.22′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°47.27′ N, 

118°18.23′ W; thence to 32°49.10′ N, 

118°21.05′ W; thence along the 

shoreline returning to 32°53.53′ N, 

118°26.52′ W. 

(d) Section D 

Beginning at 32°49.10′ N, 118°21.05′ 

W; thence to 32°47.27′ N, 118°18.23′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°48.38′ N, 

118°31.69′ W; thence to 32°50.70′ N, 

118°29.37′ W; thence along the 

shoreline returning to 32°49.10′ N, 

118°21.05′ W. 

(e) Section E 

Beginning at 32°50.70′ N, 118°29.37′ 

W; thence to 32°48.05′ N, 118°31.68′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°53.62′ N, 

118°35.93′ W; thence to 32°56.13′ N, 

118°32.95′ W; thence along the 

shoreline returning to 32°50.70′ N, 

118°29.37′ W. 

(f) Section F 

Beginning at 32°56.13′ N, 118°32.95′ 

W; thence to 32°53.62′ N, 118°35.93′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 


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from the high tide line to 32°59.95′ N, 

118°39.77′ W; thence to 33°01.08′ N, 

118°36.33′ W; thence along the 

shoreline returning to 32°56.13′ N, 

118°32.95′ W. 

(g) Section G 

Beginning at 33°01.08′ N, 118°36.333′ 

W; thence to 32°59.95′ N, 118°39.77′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 33°04.93′ N, 

118°37.07′ W; thence to 33°02.05′ N, 

118°35.85′ W; thence along the 

shoreline returning to 33°01.08′ N, 

118°36.33′ W. 

(h) Wilson Cove 

Beginning at 33°01.28′ N, 118°33.88′ 

W; thence to 33°02.82′ N, 118°30.65′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°59.60′ N, 

118°28.33′ W; thence to 32°57.30′ N, 

118°30.88′ W; thence along the 

shoreline returning to 33°01.28′ N, 

118°33.88′ W. 

All of the sections above would be 

continually enforced as a safety zone, 

thereby restricting public use of these 

offshore waters. Mariners desiring to 

transit through Section G or the Wilson 

Cove section would be required to 

request authorization to do so from the 

Fleet Area Control and Surveillance 

Facility (FACSFAC) San Diego. In the 

final rule, the Navy will provide a call 

sign to be used by mariners to request 

transfer to the appropriate FACSFAC 

point of contact for authorizing safe 

transit through these safety zone 

sections. 

Mariners who wish to transit through 

any of the other six sections (A, B, C, D, 

E, and/or F) would also be required to 

request permission from FACSFAC San 

Diego, using the same procedure 

described above, except during periods 

when the Navy is not conducting 

potentially hazardous military training 

or testing activity. Mariners would be 

able to transit some or all of these 

sections without obtaining prior 

authorization from FACSFAC San Diego 

only when the Coast Guard notifies the 

public that enforcement of the zone in 

specified sections is temporarily 

suspended. Notice of suspended 

enforcement would be provided through 

broadcast notice to mariners and 

publication in the local notice to 

mariners; and the schedule of restricted 

access periods by date, location and 

duration would continue to be posted at 

http://www.scisland.org. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the fact 

that the majority of the proposed safety 

zone will be open a significant portion 

of the time. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 

or anchor in a portion of the Pacific 

Ocean around San Clemente Island. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Except for 

Section G and Wilson Cove, which will 

be continually enforced, the safety zone 

would be activated, and thus subject to 

enforcement, only during naval training 

and testing exercises. During periods 

when portions of the safety zone are 

enforced in sections A through F, vessel 

traffic could pass safely around the 

safety zone. When the safety zone is not 

enforced, vessel traffic would be 

allowed to use the offshore waters for 

commercial and recreational activities. 

Permission for safe vessel transit 

through the permanently restricted 

safety zones designated Section G and 

Wilson Cove may be requested of the 

Fleet Area Control and Surveillance 

Facility, San Diego. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its possible 

effects, if any, on them and participate 

in the rulemaking. If the rule would 

affect your small business, organization, 

or governmental jurisdiction and you 

have questions concerning its 

provisions or options for compliance, 

please contact Petty Officer Kristen Beer 

(see ADDRESSES). The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 


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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 

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 0023.1 

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. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves establishing a safety zone 

under figure 2–1, paragraph (34)(g), of 

the Instruction. 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

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, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Add a new § 165.1141: 

§ 165.1141 Safety Zone; San Clemente 

Island, CA. 

(a) Location. The following area is a 

safety zone: All waters of the Pacific 

Ocean surrounding San Clemente 

Island, from surface to bottom, 

extending from the high tide line on the 

island seaward 3 NM. The zone consists 

of the following sections (see Figure 1): 

(1) Section A 

Beginning at 33°02.05′ N, 118°35.85′ 

W; thence to 33°04.93′ N, 118°37.07′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 33°02.82′ N, 

118°30.65′ W; thence to 33°17.28′ N, 

118°33.88′ W; thence along the 

shoreline returning to 33°02.05′ N, 

118°35.85′ W. 

(2) Section B 

Beginning at 32°57.30′ N, 118°30.88′ 

W; thence to 32°59.60′ N, 118°28.33′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°55.83′ N, 

118°24.22′ W; thence to 32°53.53′ N, 

118°26.52′ W; thence along the 

shoreline returning to 32°57.30′ N, 

118°30.88′ W. 

(3) Section C 

Beginning at 32°53.53′ N, 118°26.52′ 

W; thence to 32°55.83′ N, 118°24.22′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°47.27′ N, 

118°18.23′ W; thence to 32°49.10′ N, 

118°21.05′ W; thence along the 

shoreline returning to 32°53.53′ N, 

118°26.52′ W. 

(4) Section D 

Beginning at 32°49.10′ N, 118°21.05′ 

W; thence to 32°47.27′ N, 118°18.23′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°48.38′ N, 

118°31.69′ W; thence to 32°50.70′ N, 

118°29.37′ W; thence along the 

shoreline returning to 32°49.10′ N, 

118°21.05′ W. 

(5) Section E 

Beginning at 32°50.70′ N, 118°29.37′ 

W; thence to 32°48.05′ N, 118°31.68′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°53.62′ N, 

118°35.93′ W; thence to 32°56.13′ N, 

118°32.95′ W; thence along the 

shoreline returning to 32°50.70′ N, 

118°29.37′ W. 

(6) Section F 

Beginning at 32°56.13′ N, 118°32.95′ 

W; thence to 32°53.62′ N, 118°35.93′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°59.95′ N, 

118°39.77′ W; thence to 33°01.08′ N, 

118°36.33′ W; thence along the 

shoreline returning to 32°56.13′ N, 

118°32.95′ W. 

(7) Section G 

Beginning at 33°01.08′ N, 118°36.333′ 

W; thence to 32°59.95′ N, 118°39.77′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 33°04.93′ N, 


pwalker on DSK8KYBLC1PROD with PROPOSALS
39588 Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 

118°37.07′ W; thence to 33°02.05′ N, 

118°35.85′ W; thence along the 

shoreline returning to 33°01.08′ N, 

118°36.33′ W. 

(8) Wilson Cove 

Beginning at 33°01.28′ N, 118°33.88′ 

W; thence to 33°02.82′ N, 118°30.65′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°59.60′ N, 

118°28.33′ W; thence to 32°57.30′ N, 

118°30.88′ W; thence along the 

shoreline returning to 33°01.28′ N, 

118°33.88′ W. 

(b) 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. 

(c) Enforcement. (1) This regulation 

will be enforced at all times in Section 

G and the Wilson Cove section of the 

safety zone described in paragraph (a). 

Mariners must obtain permission in 

accordance with the procedure 

described in paragraph (d)(2) before 

entering either of those sections. 

(2) This regulation will be enforced in 

Sections A through F of the safety zone 

described in paragraph (a) except when 

the Coast Guard notifies the public that 

enforcement of the zone in specified 

sections is temporarily suspended. 

Mariners need not obtain permission in 

accordance with the procedure 

described in paragraph (d)(2) to enter a 

zone section in which enforcement is 

temporarily suspended. At all other 

times, mariners must obtain permission 

in accordance with the procedure 

described in paragraph (d)(2) before 

entering any of those sections. 

(3) The COTP will provide notice of 

suspended enforcement by means 

appropriate to effect the widest 

publicity, including broadcast notice to 

mariners, publication in the local notice 

to mariners, and posting the schedule of 

restricted access periods by date, 

location and duration at http:// 

www.scisland.org. 

(d) Regulations. (1) The general 

regulations governing safety zones 

found in 33 CFR 165.23 apply to the 

safety zone described in paragraph (a) of 

this section. 

(2) Mariners requesting permission to 

transit through any section of the zone 

may request authorization to do so from 

the Fleet Area Control and Surveillance 

Facility (FACSFAC) San Diego by either 

calling (619) 545–4742 or establishing a 

VHF bridge-to-bridge radio connection 

on Channel 16. Immediately upon 

completing transit, the vessel operator 

must promptly notify FACSFAC of safe 

passage through the safety zone. Failure 

to expeditiously notify FACSFAC of 

passage through the safety zone will 

result in a determination by the Navy 

that the vessel is still in the safety zone, 

thereby restricting the use of the area for 

naval operations. If the Navy determines 

that facilitating safe transit through the 

zone negatively impacts range 

operations, the Navy will cease this 

practice and enforce the safety zone 

without exception. 

(3) All persons and vessels must 

comply with the instructions of the U.S. 

Navy, Coast Guard Captain of the Port 

or the designated representative. 


pwalker on DSK8KYBLC1PROD with PROPOSALSEP07AU09.066</GPH>
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules 39589 

(4) Upon being hailed by U.S. Navy or 

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 U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone described in 

paragraph (a) of this section by the U.S. 

Navy and local law enforcement 

agencies. 

Dated: June 15, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–18760 Filed 8–6–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

RIN 2900–AN14 

Deceased Indebted Servicemembers 

and Veterans: Authority Concerning 

Certain Indebtedness 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend Department of Veterans Affairs 

(VA) regulations to implement certain 

provisions of the Combat Veterans Debt 

Elimination Act of 2008 and of the 

Veterans’ Benefits Improvement Act of 

2008. The proposed rule would 

implement the first statute’s provisions 

granting limited authority to the 

Secretary of Veterans Affairs (Secretary) 

to terminate collection action on certain 

debts arising from a VA benefit program 

when the indebted individual is a 

member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations in a war or in combat 

against a hostile force during a period of 

hostilities after September 11, 2001, and 

to refund amounts collected after the 

individual’s death. The proposed rule 

would also implement the second 

statute’s provisions that similarly grants 

the Secretary discretionary authority to 

suspend or terminate collection of debts 

owed to VA by individuals who died 

while serving on active duty as a 

member of the Army, Navy, Air Force, 

Marine Corps, or Coast Guard during a 

period when the Coast Guard is 

operating as a service in the Navy, and 

to refund amounts collected after the 

individual’s death. 

DATES: Comments must be received on 

or before October 6, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN14 Deceased Indebted 

Servicemembers and Veterans.’’ Copies 

of comments received will be available 

for public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Mulhern, Office of Financial 

Policy (047G), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420. Telephone: 

(202) 461–6487 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: Prior to 

the enactment of section 1303 of the 

Combat Veterans Debt Elimination Act 

of 2008 (Pub. L. 110–252) and section 

801 of the Veterans’ Benefits 

Improvement Act of 2008 (Pub. L. 110– 

389), VA could terminate collection of 

an indebtedness owed by a deceased 

servicemember or veteran only after 

determining that the servicemember or 

veteran left no estate or an insufficient 

estate from which to collect the debt. 

VA would contact the decedent’s family 

or next-of-kin regarding collection of the 

debt to obtain information needed to 

make a decision on terminating 

collection. No matter how 

compassionate the language of the 

demand for repayment, VA’s attempt to 

collect a debt at such time and under 

such circumstances has a huge 

emotional impact on the decedent’s 

family. The Government’s attempt to 

collect such a debt in these cases is 

often viewed as a callous action, which 

demonstrates a complete disregard and 

lack of gratitude for the servicemember’s 

sacrifice, and insensitivity to the 

family’s loss of their loved one. 

Section 1303 of Public Law 110–252 

amends chapter 53 of title 38, United 

States Code, to add a new section (38 

U.S.C. 5302A) granting limited authority 

to the Secretary to terminate collection 

action on certain debts arising from an 

individual’s indebtedness from a VA 

benefit program. The individual must be 

a member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations, as determined by the 

Secretary in consultation with the 

Secretary of Defense, in a war or in 

combat against a hostile force during a 

period of hostilities after September 11, 

2001. This authority may be exercised 

in the Secretary’s discretion when 

determined to be in the best interest of 

the United States. This authority does 

not apply to any amounts owed the 

United States under any program 

carried out under the authority of 38 

U.S.C. chapter 37 relating to housing 

and small business loans. This 

legislation eliminates the need to 

contact family members and avoids 

further hardship on them. Instead, it 

demonstrates appreciation for the 

decedent’s sacrifice on behalf of a 

grateful Nation. 

Section 1303 of Public Law 110–252 

also states that in any case where all or 

any part of a debt of a covered 

individual, as described in 38 U.S.C. 

5302A(a), was collected after September 

11, 2001, but before the date of Public 

Law 110–252, enacted on June 30, 2008, 

the Secretary may refund the amount 

collected if, in the Secretary’s 

determination, collection of the 

indebtedness would have been 

terminated had section 5302A been in 

effect at the time and the individual is 

equitably entitled to such a refund. 

Noting the problems associated with 

contacting grieving survivors for 

purposes of collecting the debts owed to 

VA described above, see S. Rep. No. 

110–449, at 43–44 (2008) (discussing the 

predecessor bill), Congress enacted 

section 801 of Public Law 110–389, 

which amended 31 U.S.C. 3711(f) and 

granted limited authority to the 

Secretary to suspend or terminate action 

to collect a claim against the estate of a 

person who died while serving on active 

duty as a member of the Army, Navy, 

Air Force, Marine Corps, or Coast Guard 

during a period when the Coast Guard 

is operating as a service in the Navy. 

The Secretary must determine that, 

under circumstances applicable with 

respect to the deceased person, it is 

appropriate to do so. Section 801 of 

Public Law 110–389 also grants the 

Secretary the authority to refund to the 

estate of the deceased member any 

amount collected by the Secretary from 

a member who died while serving on 

active duty as a member of the Armed 

Forces if the Secretary determines that, 

under the circumstances applicable 

with respect to the deceased person, it 

is appropriate to do so, whether 


pwalker on DSK8KYBLC1PROD with PROPOSALS