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 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Proposed Rules 14511 

link ‘‘Send a Comment or Submission’’ 

that corresponds with FMR Case 2009– 

102–2. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘FMR Case 2009–102–2’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, FAR Secretariat (VPR), 

1800 F Street, NW., Room 4041, ATTN: 

Hada Flowers, Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FMR Case 2009–102–2 in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The purpose of the proposed rule is 

to update and clarify FMR 102–36.135. 

The current language has caused 

confusion with our customers and 

resulted in unnecessarily prolonged 

removal periods. This revision makes it 

clear that the acquiring agency is 

responsible for scheduling and 

coordinating the property removal once 

the acquiring agency receives 

notification from GSA that they have 

been allocated the property. 

B. Executive Order 12866 

This proposed rule is excepted from 

the definition of ‘‘regulation’’ or ‘‘rule’’ 

under Section 3(d)(3) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993 and, 

therefore, was not subject to review 

under Section 6(b) of that Executive 

Order. 

C. Regulatory Flexibility Act 

This proposed rule is not required to 

be published in the Federal Register for 

notice and comment as per the 

exemption specified in 5 U.S.C. 553 

(a)(2); therefore, the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

does not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FMR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This proposed rule is exempt from 

Congressional review under 5 U.S.C. 

801 since it relates solely to agency 

management and personnel. 

List of Subjects in 41 CFR Part 102–36 

Government property, Property 

disposal. 

Dated: February 23, 2009. 

Stan Kaczmarczyk, 

Acting Associate Administrator, Office of 

Governmentwide Policy. 

For the reasons set forth in the 

preamble, GSA proposes to amend 41 

CFR part 102–36 as set forth below: 

PART 102–36—DISPOSITION OF 

EXCESS PERSONAL PROPERTY 

1. The authority citation for 41 CFR 

part 102–36 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c). 

2. Revise § 102–36.135 to read as 

follows: 

§ 102–36.135 How much time do we have 

to pick up excess personal property that 

has been approved for transfer? 

Normally, you have 15 calendar days 

from the date of GSA allocation to pick 

up the excess personal property for 

transfer and you are responsible for 

scheduling and coordinating the 

property removal with the holding 

agency. If additional removal time is 

required, you are responsible for 

requesting such additional removal 

time. 

[FR Doc. E9–7152 Filed 3–30–09; 8:45 am] 

BILLING CODE 6820–14–P 


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