Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 17627 

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 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. This rule 

involves establishing a safety zone 

around a fireworks display. The display 

is taking place on a beach and the safety 

zone is intended to keep mariners away 

from any hazardous materials that may 

land in the water. A preliminary 

‘‘Environmental Analysis Check List’’ 

and preliminary categorical exclusion 

determination, supporting this 

determination will be available in the 

docket where indicated under the 

‘‘Public Participation and Request for 

Comments’’ section of this preamble. 

This rule is categorically excluded, 

under section 2.B.2. Figure 2–1, 

paragraph 34(g), of the Instruction and 

neither an environmental assessment 

nor an environmental impact statement 

is required. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule. 

List of Subjects 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. 

3306, 3703 and Chapter 701; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0012 to read as 

follows: 

§ 165.T05–0012 Safety Zone: Gwynn Island 

4th of July Fireworks, Piankatank River, 

Gwynn Island, VA. 

(a) Regulated Area: The following area 

is a safety zone: specified waters of the 

Piankatank River located within a 560 

feet radius of the fireworks display at 

the approximate position of 37°29′′22′ 

N/76°18′′54′ W (NAD 1983) in the 

vicinity of Gwynn Island, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means: any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his/her behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his/her designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced on July 4, 

2009, from 9 p.m. until 10:15 p.m., with 

a rain date of July 5, 2009, from 9 p.m. 

until 10:15 p.m. 

Dated: April 2, 2009. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E9–8722 Filed 4–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0089] 

RIN 1625–AA00 

Safety Zone; Red Bull Air Race, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a temporary safety zone on 

the Detroit River, Detroit, Michigan. 

This Zone is intended to restrict vessels 

from portions of the Detroit River during 

the Red Bull Air Race. This temporary 

safety zone is necessary to protect 

spectators and vessels from the hazards 

associated with air races. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 1, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0089 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 CDR Joseph 

Snowden, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313) 568–9580, e-mail 

Joseph.H.Snowden@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: 


tjames on PRODPC75 with PROPOSALS
17628 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 

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–2009–0089), 

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 delivery, but please use only one 

of these means. A comment submitted 

online via http://www.regulations.gov 

will be considered received by the Coast 

Guard when the comment is 

successfully transmitted; a comment 

submitted via fax, hand delivery, or 

mail, will be considered as having been 

received by the Coast Guard when the 

comment 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 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– 

2009–0089’’ 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– 

2009–0089 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. 

Background and Purpose 

The proposed temporary safety zone 

is necessary to ensure, to the extent 

practicable, the safety of vessels and the 

public from hazards associated with an 

air race. The Captain of the Port Detroit 

has determined that air races in close 

proximity to watercraft and 

infrastructure pose a significant risk to 

public safety and property. The likely 

combination of large numbers of 

recreation vessels, airplanes traveling at 

high speeds and performing aerial 

acrobatics, and large numbers of 

spectators in close proximity on the 

water could result in serious injuries or 

fatalities. Establishing a safety zone 

around the location of the race course 

will help ensure the safety of persons 

and property at these events and help 

minimize the associated risks. Likewise, 

the Windsor Port Authority intends to 

restrict vessel movement on the 

Canadian side of the Detroit River. The 

exclusionary area on the Canadian side 

will be aligned with the east and west 

borders of the U.S. safety zone and will 

extend to the shoreline along Windsor, 

ON. 

Discussion of Proposed Rule 

This proposed rule is intended to 

ensure safety of the public and vessels 

during the setup, course familiarization, 

time trials, and race in conjunction with 

the Red Bull Air Race. The air race and 

associated set-up and removal will 

occur between 9 a.m., June 11, 2009 and 

6:30 p.m., June 14, 2009. The safety 

zone will be enforced daily from 9 a.m. 

to 6:30 p.m., June 11th through 14th, 

2009. Specifically, on June 11–12, 2009, 

the river closure will be enforced as 

needed and therefore will be 

intermittent. On June 13, 2009, the river 

closure will total no more than 5 hours 

between the hours of 9 a.m. to 6:30 p.m. 

On June 14, 2009, the river closure will 

total no more than 6 hours between the 

hours of 9 a.m. to 6:30 p.m. The Coast 

Guard expects to have additional 

information from the event organizer 

before publication of the final rule, and 

expects to provide more specific 

information in the final rule regarding 

hours of enforcement for each day. 

The safety zone will encompass all 

navigable waters of the United States on 

the Detroit River, Detroit, MI, bound by 

a line extending from a point on land 

southwest of Joe Louis Arena at position 

42°19.4′ N; 083°3.3′ W, northeast along 

the Detroit shoreline to a point on land 

at position 42°20.0′ N; 083°1.2′ W, 

southeast to the international border 

with Canada at position 42°19.8′ N 

083°1.0′ W, southwest along the 

international border to position 42°19.2′ 

N; 083°3.3′ W, and northwest to the 

point of origin at position 42°19.4′ N; 

083°3.3′ W. (DATUM: NAD 83). The 

Captain of the Port will cause notice of 

enforcement of the safety zone 

established by this section to be made 

by all appropriate means to the affected 

segments of the public. Such means of 

notification will include, but are not 

limited to, Broadcast Notice to Mariners 

and Local Notice to Mariners. The 

Captain of the Port will issue a 

broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone is terminated. 

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. 


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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 17629 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

minimal adverse impact to mariners 

from the zone’s activation. 

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 rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the above portion of the Detroit River 

between 9 a.m. and 6 p.m. on June 11, 

through June 14, 2009. 

The proposed safety zone will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: This rule will 

be in effect for approximately six hours 

each day of the race. Additionally, small 

entities such as passenger vessels, have 

been involved in the planning stages for 

this event and have had ample time to 

make alternate arrangements with 

regards to mooring positions and 

business operations during the hours 

this safety zone will be in place. 

Furthermore, local sailing and yacht 

clubs will be notified prior to the event, 

by Coast Guard Station Belle Isle, with 

information on what to expect during 

the event with the intention of 

minimizing interruptions in their 

normal business practices. In the event 

that this temporary safety zone affects 

shipping, commercial vessels may 

request permission from the Captain of 

the Port Detroit to transit through the 

safety zone. The Coast Guard will give 

notice to the public via a Broadcast 

Notice to Mariners that the regulation is 

in effect. Additionally, the COTP will 

suspend enforcement of the safety zone 

if the event, for which the zone is 

established, ends earlier than the 

expected time. 

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 rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact CDR Joseph 

Snowden, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313) 568–9580, e-mail 

Joseph.H.Snowden@uscg.mil. 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 

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 


tjames on PRODPC75 with PROPOSALS
17630 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 

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 the establishment of a safety 

zone. Based on our preliminary 

determination, there are no factors in 

this case that would limit the use of a 

categorical exclusion under section 

2.B.2 of the Instruction. Therefore, we 

believe that this rule should be 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. Because this event 

establishes a safety zone, paragraph 

(34)(g) of the Instruction applies. 

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 record keeping 

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. 

3306, 3703 and Chapter 701; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Section 165.T09–0089 is added to 

read as follows: 

§ 165.T09–0089 Safety Zone; Red Bull Air 

Race, Detroit River, Detroit, MI. 

(a) Location. The following area is a 

temporary safety zone: All U.S. waters 

of the Detroit River, Detroit, MI, bound 

by a line extending from a point on land 

southwest of Joe Louis Arena at position 

42°19.4′ N; 083°3.3′ W, northeast along 

the Detroit shoreline to a point on land 

at position 42°20.0′ N; 083°1.2′ W, 

southeast to the international boarder 

with Canada at position 42°19.8′ N 

083°1.0′ W, southwest along the 

international border to position 42°19.2′ 

N; 083°3.3′ W, and northwest to the 

point of origin at position 42°19.4′ N; 

083°3.3′ W. (DATUM: NAD 83). 

(b) Enforcement Period. The safety 

zone will be enforced daily from 9 a.m. 

to 6:30 p.m. on June 11, 2009 through 

June 14, 2009. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. 

(5) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port or his 

on-scene representative. 

Dated: March 26, 2009. 

J.D. Jenkins, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Detroit. 

[FR Doc. E9–8759 Filed 4–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

RIN 0648–AX72 

Identification and Certification of 

Nations Whose Fishing Vessels Are 

Engaged in Illegal, Unreported, or 

Unregulated Fishing or Bycatch of 

Protected Living Marine Resources 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hearing; request 

for comments. 

SUMMARY: On January 14, 2009, NMFS 

published a proposed rule for 

developing identification and 

certification procedures to address 

illegal, unreported, or unregulated (IUU) 

fishing activities and bycatch of 

protected living marine resources 

(PLMRs) pursuant to the High Seas 

Driftnet Fishing Moratorium Protection 

Act (Moratorium Protection Act). On 

March 3, 2009, NMFS announced five 

public hearings to discuss and collect 

comments on the issues described in the 

proposed rule. This notice is to 

announce an additional public hearing. 

DATES: The additional hearing will be 

held on April 27, 2009, from 11:00 a.m. 

to 1:00 p.m. The due date for written 

comments has not changed and must be 

received no later than 5:00 p.m. Eastern 

time on May 14, 2009. 

ADDRESSES: The additional public 

hearing will be held at 1601 Kapiolani 

Blvd, 11th Floor, (the main reception is 

on the 11th floor and all visitors must 

check in), Honolulu, HI 96814; phone 

808–944–2280. 

Written comments on this action, 

identified by RIN 0648–AV51, may be 

submitted by any of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Laura Cimo, Trade and Marine 

Stewardship Division, Office of 

International Affairs, NMFS, 1315 East– 

West Highway, Silver Spring, MD 

20910. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 


tjames on PRODPC75 with PROPOSALS