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
Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 17631 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields, if you 

wish to remain anonymous). 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

FOR FURTHER INFORMATION CONTACT: 

Laura Cimo (ph. 301–713–9090, fax 

301–713–9106, e–mail 

Laura.Cimo@noaa.gov). 

SUPPLEMENTARY INFORMATION: On 

January 14, 2009 (74 FR 2019), NMFS 

published a proposed rule for 

developing certification procedures to 

address IUU fishing activities and PLMR 

bycatch pursuant to the Moratorium 

Protection Act. The regulatory measures 

proposed in this rule encourage nations 

to cooperate with the United States 

towards ending IUU fishing and 

reducing the bycatch of PLMRs. 

Under the proposed rule, NMFS is 

required to identify foreign nations 

whose fishing vessels are engaged in 

IUU fishing or fishing activities or 

practices that result in bycatch of 

PLMRs in a biennial report to Congress. 

Once a nation has been identified in the 

biennial report, a notification and 

consultation process will be initiated. 

Subsequent to this process, NMFS will 

initiate a certification process regarding 

identified nations that considers 

whether the government of an identified 

nation has provided evidence that 

sufficient corrective action has been 

taken with respect to the activities 

described in the report or whether the 

relevant international fishery 

management organization has 

implemented measures that are effective 

in ending the IUU fishing activity by 

vessels of that nation. Nations will 

either receive a positive or a negative 

certification. 

The absence of sufficient action by an 

identified nation to address IUU fishing 

and/or PLMR bycatch may lead to the 

denial of port privileges for vessels of 

that nation, prohibitions on the 

importation of certain fish or fish 

products into the United States from 

that nation, or other measures. 

Identified nations that are not 

positively certified by the Secretary of 

Commerce could be subject to 

prohibitions on the importation of 

certain fisheries products into the 

United States and other measures, 

including limitations on port access, 

under the High Seas Driftnet Fisheries 

Enforcement Act (16 U.S.C. 1826a). 

Request for Comments 

NMFS will hold six public hearings to 

receive oral and written comments on 

these proposed actions. Five public 

hearings were announced on March 3, 

2009 (74 FR 9207). This notice provides 

information on an additional public 

hearing. Comments received on the 

proposed rule will assist NMFS in 

developing a final rule. 

Special Accommodations 

The sessions are physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Laura Cimo (see FOR FURTHER

INFORMATION CONTACT) at least 7 days 

prior to the session. 

Dated: April 13, 2009. 

Jean–Pierre Ple, 

Acting Director, Office of International 

Affairs, National Marine Fisheries Service. 

[FR Doc. E9–8751 Filed 4–13–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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