Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 19141 

(2) U.S. Permanent Resident Card; 

(3) U.S. merchant mariner document; 

(4) U.S. merchant mariner credential; 

(5) Transportation Worker 

Identification Credential (TWIC) issued 

by the Transportation Security 

Administration under 49 CFR part 1572; 

or 

(6) Seafarer’s Identification Document 

(SID) issued by or under the authority 

of the government of a country that has 

ratified the International Labour 

Organization Seafarers’ Identity 

Documents Convention (Revised), 2003 

(ILO 185), meeting all the requirements 

of ILO 185. 

Commercial service means any type of 

trade or business involving the 

transportation of goods or individuals, 

except service performed by a 

combatant vessel. 

Crewmember means all persons 

carried onboard a vessel to provide: 

navigation services; maintenance of the 

vessel, its machinery, or systems; 

arrangements essential for propulsion or 

safe navigation; or services for other 

persons onboard. 

Foreign vessel means a vessel of 

foreign registry or operated under the 

authority of a country except the United 

States. 

Navigable waters of the United States 

means the same as this term is defined 

in 33 CFR 2.36(a). This includes a 12- 

nautical-mile wide U.S. territorial sea as 

measured from the baseline, U.S. 

internal waters subject to tidal 

influence, and certain U.S. internal 

waters not subject to tidal influence. 

Operator means any person including, 

but not limited to, an owner, a charterer, 

or another contractor who conducts, or 

is responsible for, the operation of a 

vessel. 

Passport means any travel document 

issued by competent authority showing 

the bearer’s origin, identity, and 

nationality if any, which is valid for the 

admission of the bearer into a foreign 

country. 

Port or place of departure means any 

port or place in which a vessel is 

anchored or moored. 

Port or place of destination means any 

port or place in which a vessel is bound 

to anchor or moor. 

§ 160.315 Crewmember identification 

requirement. 

(a) A crewmember subject to this 

subpart must carry and present on 

demand an acceptable identification. An 

operator subject to this subpart must 

ensure that every crewmember on the 

vessel has an acceptable identification 

in his or her possession when the vessel 

is in the navigable waters of the United 

States. For purposes of this section, a 

crewmember may secure his or her 

acceptable identification with the 

vessel’s master, so long as the 

identification can be presented on 

demand. 

(b) Compliance with the requirements 

in this section does not relieve vessel 

crewmembers and operators of any 

requirements under the Immigration 

and Nationality Act (INA) or INA 

implementing regulations. Likewise, 

compliance with INA requirements does 

not relieve vessel crewmembers and 

operators of the requirements in this 

section. 

§ 160.320 Sanctions and vessel control. 

Failure to comply with this subpart 

will subject the crewmember and 

operator to a civil penalty under 46 

U.S.C. 70119 and the vessel to control 

under 33 U.S.C. 1223(b). 

Dated: April 22, 2009. 

Howard L. Hime, 

Acting Director of Commercial Regulations 

and Standards, U.S. Coast Guard. 

[FR Doc. E9–9634 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0179] 

RIN 1625–AA00 

Safety Zone; St. Thomas Harbor, 

Charlotte Amalie, U.S.V.I. 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast is establishing a 

temporary safety zone on the navigable 

waters of St. Thomas Harbor in support 

of the Virgin Islands Carnival Finale 

fireworks display. This temporary safety 

zone is necessary to provide for the 

safety of spectators, participating vessels 

and their crews, and other vessels and 

users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

(COTP) San Juan or the designated 

representative. 

DATES: This rule is effective from 7 p.m. 

on May 2, 2009, through 10:30 p.m. on 

May 2, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0179 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0179 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

two locations: The 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Mr. John Reyes, 

Marine Information Specialist, U.S. 

Coast Guard, Prevention Department 

telephone 787–729–5381, e-mail 

John.Reyes@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

information regarding the event was not 

provided with sufficient time to publish 

an NPRM. Publishing an NPRM and 

delaying its effective date would be 

contrary to the public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

fireworks display. 

For the same reasons above, under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

rule effective less than 30 days after 

publication in the Federal Register. The 

Coast Guard will issue a broadcast 

notice to mariners to advise mariners of 

the restriction and provide on scene 

notification. 

Background and Purpose 

This rule is required to provide for the 

safety of life in St. Thomas Harbor 

because fireworks will be launched from 

a vessel within the harbor. These 

fireworks could potentially pose a safety 

hazard to the small craft operators that 


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19142 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

frequent the area. To prevent injury or 

loss of life or property, a safety zone is 

required to maintain a safe distance 

between the fireworks vessel and any 

spectators or other users of the 

waterway. 

Discussion of Rule 

This rule establishes a temporary 

safety zone around the fireworks vessel 

at a radius determined by the National 

Fire Protection Agency (NFPA) 

Standards. The safety zone includes all 

waters within a 280 yard radius of the 

fireworks vessel. The fireworks vessel 

will be anchored in position 18°20′15′′ 

N, 064°55′41′′ W in the vicinity of Kings 

Wharf Bay inside St. Thomas Harbor. 

All non-participating persons and 

vessels are prohibited from entering the 

safety zone without permission from the 

COTP San Juan or the designated 

representative. 

Regulatory Analyses 

We developed this 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 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 not necessary. 

This rule will only affect those vessels 

that would attempt to transit or anchor 

in that portion of St. Thomas Harbor 

between the hours of 7 p.m. and 10:30 

p.m. Vessel traffic will still be able to 

flow in and out of Kings Wharf Bay 

around the limit of the safety zone. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule will 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 

a portion of St. Thomas Harbor from 7 

p.m. to 10:30 p.m. on May 2, 2009. This 

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 only 31⁄2 hours at night when 

vessel traffic is low. Vessel traffic can 

pass safely around the safety zone. 

Before the effective periods, we will 

issue maritime advisories widely 

available to users of the harbor. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls 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 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 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 


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Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 19143 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 0023–01 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 concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary safety 

zone and is considered a regulation 

‘‘establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or safety zones’’ as stated 

in Paragraph (34(g). 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ is available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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(g), 6.04–1, 6.04–6, and 160.5; 

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

of Homeland Security Delegation no. 0170.1. 

■ 2. Add § 165.T07–0179 to read as 

follows: 

§ 165.T07–0179 Safety Zone; St. Thomas 

Harbor, Charlotte Amalie, U.S.V.I. 

(a) Regulated Area. The Coast Guard 

is establishing a temporary safety zone 

on the navigable waters of St. Thomas 

Harbor for a fireworks display within 

the harbor. The safety zone is circular in 

shape and extends in a 280 yard radius 

from the launch vessel which will be 

anchored in position 18°20′15′′ N, 

064°55′41′′ W in the vicinity of Kings 

Wharf Bay. 

(b) Definitions. The following 

definitions apply to this section: 

Designated Representative means Coast 

Guard Patrol Commanders including 

Coast Guard coxswains, petty officers 

and other officers operating Coast Guard 

vessels and Federal, State, and local 

officers designated by or assisting the 

COTP San Juan in the enforcement of 

the safety zone. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entering, anchoring, mooring 

or transiting in the Regulated Area is 

prohibited unless specifically 

authorized by the Coast Guard COTP 

San Juan or a designated representative. 

The Coast Guard will issue a broadcast 

notice to mariners to advise mariners of 

the restriction and provide on scene 

notification. 

(d) Effective Date. This rule is 

effective from 7 p.m. on May 2, 2009, 

through 10:30 p.m. on May 2, 2009. 

Dated: April 6, 2009. 

J.M. Nunan, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port San Juan. 

[FR Doc. E9–9640 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 200 

Organization, Functions, and 

Procedures; Correction 

AGENCY: Forest Service, USDA. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to the final regulation which 

published in the Federal Register of 

June 19, 1997 (62 FR 33365). The 

regulations grant the basic authority of 

the Chief to issue directives concerning 

Forest Service operations. 

DATES: Effective on April 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lorrie Parker, Washington Office, Office 

of Regulatory and Management Services, 

(202) 205–6560. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations, that are the 

subject of this correction, were updated 

to clarify the description of the Forest 

Service Directive System with respect to 

the issuance of directives, and includes 

in section 200.4 paragraph (e) a 

reference to the alphabetical index of 

the directives in Forest Service 

Handbook 1109.11, Directive System 

User Guide. This Forest Service 

Handbook was removed entirely from 

the Forest Service directive system 

effective May 11, 2001, and the Agency 

direction moved to Forest Service 

Handbook 1109.12, Directive System 

Handbook. 

Need for Correction 

As published, the final regulations 

contain incorrect information which 

may be misleading and need to be 

clarified. 

List of Subjects in 36 CFR Part 200 

Administrative practice and 

procedure, Freedom of information, 

Organization and functions 

(Government agencies). 

■ Accordingly, 36 CFR Part 200 is 

corrected by making the following 

correcting amendments: 

PART 200—ORGANIZATION, 

FUNCTIONS, AND PROCEDURES 

■ 1. The authority citation of part 200 

continues to read as follows: 

Authority: 5 U.S.C. 552; 7 U.S.C. 6706; 16 

U.S.C. 472, 521, 1603, and 2101 et seq. 

Subpart B—Functions and Procedures 

■ 2. In § 200.4, revise paragraph (e) to 

read as follows: 

§ 200.4 Administrative issuances. 

* * * * * 

(e) An alphabetical index of the 

contents of the Forest Service Manual 

and related Forest Service Handbooks is 

published in Forest Service Handbook 

1109.12, Directive System Handbook. 

The index contains a listing of all 

Series, Titles, and Chapters in the Forest 

Service Manual and a listing of all 

Forest Service Handbooks in the 

Directive System. 

* * * * * 

Dated: April 21, 2009. 

Charles L. Myers, 

Deputy Chief, Business Operations. 

[FR Doc. E9–9494 Filed 4–27–09; 8:45 am] 

BILLING CODE 3410–11–P 


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