14508 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 

PART 46—MISCELLANEOUS 

REGULATIONS RELATING TO 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES 

7. The authority citation for Part 46 

continues to read as follows: 

Authority: 18 U.S.C. 2341–2346, 26 U.S.C. 

5704, 5708, 5751, 5754, 5761–5763, 6001, 

6601, 6621, 6622, 7212, 7342, 7602, 7606, 

7805; 44 U.S.C. 3504(h), 49 U.S.C. 782, 

unless otherwise noted. 

8. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 46 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 

PART 71—RULES OF PRACTICE IN 

PERMIT PROCEEDINGS 

9. The authority citation for part 71 is 

revised to read as follows: 

Authority: 26 U.S.C. 5271, 5181, 5712, 

5713, 7805, 27 U.S.C. 204. 

10. [The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 71 are the same 

as the amendatory instructions and the 

amended regulatory text set forth in the 

temporary rule on this subject published 

in the Rules and Regulations section of 

this issue of the Federal Register.] 

Signed: March 10, 2009. 

John J. Manfreda, 

Administrator. 

Approved: March 12, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary. (Tax, Trade, and 

Tariff Policy). 

[FR Doc. E9–7076 Filed 3–27–09; 11:15 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0159] 

RIN 1625–AA00 

Safety Zone; Barge BDL235, Pago 

Pago Harbor, American Samoa 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary 100-foot (30.5 meter) radius 

safety zone around the 142 foot Barge 

BDL235 while it is performing 

operations in and around the 

CHEHALIS wreck. The wreck’s 

approximate position is 14°16.52′ S, 

170°40.56′ W and centered about 350 

feet north of the fuel dock in Pago Pago 

Harbor, American Samoa. The safety 

zone is necessary to protect other 

vessels and the general public from 

hazards associated with dive operations. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 15, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0159 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 methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Lieutenant Commander 

Marcella Granquist, Waterways 

Management Division, U.S. Coast Guard 

Sector Honolulu, telephone 808–842– 

2600. 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–2009–0159), 

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, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can 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, USCG–2009– 

0159 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 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them 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 we 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, USCG–2009– 

0159 in the Docket ID box, press Enter, 

and then click on the item in the Docket 

ID column. You may also visit either 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; or at Sector 

Honolulu, 433 Ala Moana Blvd, 

Honolulu, Hawaii, 96813 between 7:30 

a.m. and 2 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). 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 14509 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one 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. 

Background and Purpose 

On October 7, 1949 the 4,130-ton 

gasoline tanker CHEHALIS sank in Pago 

Pago Inner Harbor, in an estimated 160 

feet of water, approximately 350-feet 

from the fuel dock located near Goat 

Island Point, Pago Pago, American 

Samoa. Today, the CHEHALIS wreck 

remains a potential pollution threat to 

the environment. The U.S. Coast Guard 

is scheduled to conduct dive operations 

to determine and mitigate the wreck’s 

potential pollution threat to the area 

from April through May 2009. 

Discussion of Proposed Rule 

This temporary 100-foot (30.5 meter) 

safety zone would be effective from 6 

a.m. April 26, 2009 through 8 p.m. May 

14, 2009, (local American Samoa time). 

If suspension of enforcement occurs 

earlier than May 14, 2009, notice of 

termination of the rule will be 

published in the Federal Register and 

will be announced over marine band 

VHF channel 16 to ensure ample public 

notification. In accordance with the 

general regulations in 33 CFR Part 165, 

Subpart C, no person or vessel would be 

permitted to enter or remain in the zone 

except for support vessels/aircraft and 

support personnel, or other vessels 

authorized by the Captain of the Port or 

his designated representatives. Vessels, 

aircraft, or persons in violation of this 

proposed rule would be subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

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. 

Although this proposed regulation 

would restrict access to the safety zone, 

the effect of this rule would not be 

significant because vessels will be able 

to transit around the zone. Sector 

Honolulu COTP will allow vessels in 

the zone on a case-by-case basis. 

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 since vessels will be allowed to 

transit around the 100-foot temporary 

Safety Zone that will often be centered 

over the CHEHALIS wreck at 

approximately 350 feet from the fuel 

dock in Pago Pago Inner Harbor, 

American Samoa. However, this rule 

may affect the following entities, some 

of which may be small entities: Owners 

and operators of vessels intending to 

transit the proposed safety zone. 

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 effects on 

them and participate in the rulemaking. 

If the proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

Lieutenant Commander Marcella 

Granquist, Waterways Management 

Division, Sector Honolulu, 808–842– 

2600. 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 

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 


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14510 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 

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 5100.1 

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 

under the Instruction that this action is 

not likely to have a significant effect on 

the human environment. An 

environmental analysis checklist 

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES. 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 § 165.T14–184 to read as 

follows: 

§ 165.T14–184 Safety Zone; Barge 

BDL235, Pago Pago, American Samoa. 

(a) Location. The following area is a 

temporary safety zone: All waters 100- 

foot or 30.5 meter radius around the 142 

foot Barge, BDL235 while it is 

performing dive operations in and 

around the CHEHALIS wreck. The 

wreck’s approximate position is 

14°16.52′ S, 170°40.56′ W and 

approximately 350 feet north of the fuel 

dock in Pago Pago Harbor, American 

Samoa. These coordinates are based 

upon the National Oceanic and 

Atmospheric Administration Coast 

Survey, Pacific Ocean, Samoa Islands, 

chart 83484. 

(b) Regulations. (1) Entry into or 

remaining in the safety zone described 

in paragraph (a) of this section is 

prohibited unless authorized by the 

Coast Guard Captain of the Port 

Honolulu zone, or his or her designated 

representative. 

(2) Persons desiring to transit the area 

of the safety zone may contact the 

Captain of the Port at telephone number 

1–808–842–2600, the U.S. Coast Guard 

Marine Safety Detachment American 

Samoa at telephone number 1–684–633– 

2299, or on VHF channel 16 (156.800 

MHz) or VHF channel 13 (156.650 MHz) 

to seek permission to transit the area. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

his or her designated representative. 

(c) Enforcement period. This rule will 

be enforced from 6 a.m. on April 26, 

2009 through 8 p.m. on May 14, 2009. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, Subpart C, no person or vessel may 

enter or remain in the zone except for 

support vessels/aircraft and support 

personnel, or other vessels authorized 

by the Captain of the Port or his or her 

designated representative. 

(e) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: March 19, 2009. 

B. A. Compagnoni, 

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

Port Honolulu. 

[FR Doc. E9–7116 Filed 3–26–09; 4:15 pm] 

BILLING CODE 4910–15–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–36 

[FMR Case 2009–102–2; Docket 2009–0002, 

Sequence 2] 

RIN 3090–AI87 

Federal Management Regulation; FMR 

Case 2009–102–2; Disposition of 

Excess Personal Property 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration is proposing to amend 

the Federal Management Regulation 

(FMR) by making a change to its 

personal property policy. The proposed 

change will update and clarify language 

that has caused some confusion with 

our customers and resulted in 

unnecessarily prolonged periods to 

remove property. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Office of 

Travel, Transportation, and Asset 

Management (MT), (202) 501–3828 or 

e-mail at robert.holcombe@gsa.gov. For 

information pertaining to status or 

publication schedules contact the 

Regulatory Secretariat, 1800 F Street, 

NW., Room 4041, Washington, DC, 

20405, (202) 501–4755. Please cite FMR 

case 2009–102–2. 

DATES: Interested parties should submit 

comments in writing on or before June 

1, 2009 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FMR case 2009–102–2 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FMR 

Case 2009–102–2’’ under the heading 

‘‘Comment or Submission’’. Select the 


tjames on PRODPC61 with PROPOSALS