62258 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1. of the Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 16, 2005, is 

amended as follows: 

* * * * * 

Paragraph 5000 Class D airspace. 

* * * * * 

AGL MN D Camp Ripley, MN [New] 

Camp Ripley, Ray S. Miller Army Airfield, 

MN 

(Lat. 46°05′00′′ N., long. 94°21′01′′ W.) 

That airspace extending upward from the 

surface to and including 3,700 feet MSL 

within a 3.9-mile radius of the Ray S. Miller 

Army Airfield. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be published continuously 

published in the Airport/Facility Directory. 

* * * * * 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AGL MN E2 Camp Riley, MN [New] 

Camp Riley, Ray S. Miller Army Airfield, MN 

(Lat. 46°05′00′′ N., long. 94°21′01′′ W.) 

Within a 3.9-mile radius of the Ray S. 

Miller Army Airfield. 

* * * * * 

Issued in Des Plaines, Illinois on October 

12, 2005. 

Nancy B. Kort, 

Area Director, Central Terminal Operations. 

[FR Doc. 05–21585 Filed 10–28–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 17, 19, 24, 25, 26, 27, and 

31 

[Notice No. 52] 

RIN 1513—AB04 

Suspension of Special (Occupational) 

Tax (2004R–778P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking; 

cross-reference to temporary rule. 

SUMMARY: Elsewhere in this issue of the 

Federal Register, the Alcohol and 

Tobacco Tax and Trade Bureau (TTB) is 

issuing a temporary rule amending the 

TTB regulations relating to special 

(occupational) tax, to reflect a 3-year tax 

suspension effected by section 246 of 

the American Jobs Creation Act of 2004. 

Section 246 amends the Internal 

Revenue Code of 1986 to provide that, 

during the period from July 1, 2005, 

through June 30, 2008, the rate of 

special (occupational) tax on certain 

occupations will be zero. The 

occupations affected by the 3-year tax 

suspension are: Manufacturers of 

nonbeverage products who claim tax 

drawback; proprietors of distilled spirits 

plants, alcohol fuel plants, bonded and 

taxpaid wine premises, and breweries; 

and wholesale and retail dealers in 

distilled spirits, wine, and beer. The 

requirements to register annually and 

keep prescribed records remain in 

effect. In this notice of proposed 

rulemaking, we are soliciting comments 

from all interested parties on these 

regulatory amendments. The text of the 

regulations in the temporary rule 

published in the Rules and Regulations 

section of this issue of the Federal 

Register serves as the text of the 

proposed regulations. 

DATES: Comments must be received on 

or before December 30, 2005. 

ADDRESSES: You may send comments to 

any of the following addresses—

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, Attn: Notice No. 52, P.O. 

Box 14412, Washington, DC 20044—

4412. 

• 202–927–8525 (facsimile). 

• nprm@ttb.gov (e-mail). 

• http://www.ttb.gov/alcohol/rules/ 

index.htm. An online comment form is 

posted with this notice on our Web site. 

• http://www.regulations.gov. Federal 

e-rulemaking portal; follow instructions 

for submitting comments. 

You may view copies of any 

comments we receive about this notice 

by appointment at the TTB Library, 

1310 G Street, NW., Washington, DC 

20220. To make an appointment, call 

202–927–2400. You may also access 

copies of this notice and any comments 

online at http://www.ttb.gov/alcohol/ 

rules/index.htm. 

See the Public Participation section of 

this document for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing. 

FOR FURTHER INFORMATION CONTACT: 

Steve Simon, Alcohol and Tobacco Tax 

and Trade Bureau, Regulations and 

Rulings Division, Suite 200E, 1310 G 

Street NW., Washington, DC 20220; 

telephone (202) 927–8210. 

SUPPLEMENTARY INFORMATION: 

Background 

In the Rules and Regulations section 

of this issue of the Federal Register, we 

are publishing a temporary rule 

implementing section 246 of the 

American Jobs Creation Act of 2004, 

Public Law 108–357, 118 Stat. 1418 

(‘‘the Act’’), signed by President Bush 

on October 22, 2004. Section 246 of the 

Act, entitled ‘‘Suspension of 

Occupational Taxes Relating to Distilled 

Spirits, Wine, and Beer,’’ amended 

subpart G of part II of subchapter A of 

chapter 54 of the Internal Revenue Code 

of 1986 (IRC) by redesignating section 

5148 as section 5149 and adding a new 

section 5148 (26 U.S.C. 5148) entitled 

‘‘Suspension of Occupational Tax.’’

New section 5148 provides that, during 

the 3-year period from July 1, 2005, 

through June 30, 2008, the rate of 

special (occupational) tax imposed 

under sections 5081, 5091, 5111, 5121, 

and 5131 will be zero. 

The effect of new section 5148 is that 

the following occupations are not 

subject to payment of special 

(occupational) tax during the 

suspension period: manufacturer of 

nonbeverage products, proprietor of 

distilled spirits plant, proprietor of 

alcohol fuel plant, proprietor of bonded 

wine cellar, proprietor of bonded wine 

warehouse, proprietor of taxpaid wine 

bottling house, brewer, wholesale dealer 

in liquors (distilled spirits, wines, and 

beer), wholesale dealer in beer, retail 

dealer in liquors (distilled spirits, 

wines, and beer), and retail dealer in 

beer. On the other hand, the following 

occupations, which are not covered by 

the IRC sections listed in new section 

5148, are not affected by the suspension 

and remain subject to the special 

(occupational) tax during the 

suspension period: User of or dealer in 

Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 62259 

specially denatured alcohol, user of taxfree alcohol, manufacturer of tobacco 

products (that is, cigars, cigarettes, 

smokeless tobacco, pipe tobacco, and 

roll-your-own tobacco), manufacturer of 

cigarette papers or tubes, and export 

warehouse proprietor (for the export of 

tobacco products, cigarette papers, or 

cigarette tubes). 

Although the tax rate for the 

occupations affected by the suspension 

will be zero during the suspension 

period, new section 5148 further 

provides that persons engaging in those 

occupations must still register annually 

and comply with applicable 

recordkeeping requirements. Finally, 

section 246 of the Act amended section 

5117 of the IRC (26 U.S.C. 5117) by 

adding a new subsection (d) to provide 

that during the suspension period a 

dealer may purchase distilled spirits, for 

resale, only from persons required to 

keep records as a wholesale liquor 

dealer, except as otherwise specifically 

provided by law or regulations. The 

Alcohol and Tobacco Tax and Trade 

Bureau (TTB) is responsible for the 

administration of the IRC provisions 

relating to special (occupational) tax. 

The temporary regulations published 

elsewhere in this issue of the Federal 

Register involve amendments to parts 

17, 19, 24, 25, 26, 27, and 31 of the TTB 

regulations (27 CFR parts 17, 19, 24, 25, 

26, 27, and 31). The text of the 

temporary regulations serves as the text 

of these proposed regulations. The 

preamble to the temporary regulations 

explains the proposed regulations. 

Public Participation 

Comments Sought 

We request comments from everyone 

interested. All comments must reference 

Notice No. 52 and must include your 

name and mailing address. They must 

be legible and written in language 

acceptable for public disclosure. 

Although we do not acknowledge 

receipt, we will consider your 

comments if we receive them on or 

before the closing date. We regard all 

comments as originals. 

Confidentiality 

All comments are part of the public 

record and subject to disclosure. Do not 

enclose any material in your comments 

that you consider confidential or 

inappropriate for public disclosure. 

Submitting Comments 

You may submit comments in any of 

five ways: 

• Mail: You may send written 

comments to TTB at the address listed 

in the ADDRESSES section of this 

document. 

• Facsimile: You may submit 

comments by facsimile transmission to 

202–927–8525. Faxed comments must: 

(1) Be on 8.5- by 11-inch paper; 

(2) Contain a legible, written 

signature; and 

(3) Be no more than five pages long. 

This limitation ensures electronic access 

to our equipment. We will not accept 

faxed comments that exceed five pages. 

• E-mail: You may e-mail comments 

to nprm@ttb.gov. Comments transmitted 

by electronic mail must: 

(1) Contain your e-mail address; 

(2) Reference Notice No. 52 on the 

subject line; and 

(3) Be legible when printed on 8.5- by 

11-inch paper. 

• Online form: We provide a 

comment form with the online copy of 

this document on our Web site at http:// 

www.ttb.gov/alcohol/rules/index.htm. 

Select the ‘‘Send comments via e-mail’’

link under Notice No. 52. 

• Federal e-Rulemaking Portal: To 

submit comments to us via the Federal 

e-rulemaking portal, visit http:// 

www.regulations.gov and follow the 

instructions for submitting comments. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine, in light of all circumstances, 

whether to hold a public hearing. 

Public Disclosure 

You may view copies of the 

temporary rule, this document, and any 

comments we receive by appointment at 

the TTB Library at 1310 G Street, NW., 

Washington, DC 20220. You may also 

obtain copies at 20 cents per 8.5- x 11- 

inch page. Contact our librarian at the 

above address or telephone 202–927–

2400 to schedule an appointment or to 

request copies of comments. 

For your convenience, we will post 

the temporary rule, this document, and 

any comments we receive on the TTB 

Web site. We may omit voluminous 

attachments or material that we 

consider unsuitable for posting. In all 

cases, the full comment will be available 

in the TTB Library. To access the online 

copy of this document and the 

submitted comments, visit http:// 

www.ttb.gov/alcohol/rules/index.htm. 

Select the ‘‘View Comments’’ link under 

this document’s number and title to 

view the posted comments. 

Regulatory Flexibility Act 

Although we are issuing this notice of 

proposed rulemaking, it has been 

determined that it is not subject to the 

provisions of 5 U.S.C. 553(b). Because 

this proposed rule contains no new 

collections of information, the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.) do not apply. 

Executive Order 12866 

We have determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

by Executive Order 12866. Therefore, a 

regulatory assessment is not required. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, no persons are required to 

respond to a collection of information 

unless it displays a valid OMB control 

number. The collections of information 

contained in the regulations amended 

by this temporary rule have been 

previously reviewed and approved by 

the Office of Management and Budget in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3504(h)) under control numbers 1513–

0005, 1513–0088, 1513–0112, and 1513–

0113. There is no new or revised 

collection of information imposed by 

this proposed rule, and there is no 

change in the reporting or 

recordkeeping burden. Thus, no new 

OMB control numbers will be obtained. 

Drafting Information 

The principal author of this document 

is Steve Simon, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau. However, other personnel 

participated in its development. 

List of Subjects 

27 CFR Part 17 

Administrative practice and 

procedure, Claims, Cosmetics, Customs 

duties and inspection, Drugs, Excise 

taxes, Exports, Imports, Liquors, 

Packaging and containers, Puerto Rico, 

Reporting and recordkeeping 

requirements, Spices and flavorings, 

Surety bonds, Virgin Islands. 

27 CFR Part 19 

Administrative practice and 

procedure, Alcohol and alcoholic 

beverages, Authority delegations 

(Government agencies), Chemicals, 

Claims, Customs duties and inspection, 

Electronic fund transfers, Excise taxes, 

Exports, Gasohol, Imports, Labeling, 

Liquors, Packaging and containers, 

Puerto Rico, Reporting and 

recordkeeping requirements, Research, 

Security measures, Spices and 

flavorings, Stills, Surety bonds, 

Transportation, Vinegar, Virgin Islands, 

Warehouses, Wine. 

27 CFR Part 24 

Administrative practice and 

procedure, Claims, Electronic funds 

transfers, Excise taxes, Exports, Food 

62260 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 

additives, Fruit juices, Labeling, 

Liquors, Packaging and containers, 

Reporting and recordkeeping 

requirements, Research, Scientific 

equipment, Spices and flavorings, 

Surety bonds, Vinegar, Warehouses, 

Wine. 

27 CFR Part 25 

Beer, Claims, Electronic fund 

transfers, Excise taxes, Exports, 

Labeling, Liquors, Packaging and 

containers, Reporting and recordkeeping 

requirements, Research, Surety bonds. 

27 CFR Part 26 

Alcohol and alcoholic beverages, 

Caribbean Basin initiative, Claims, 

Customs duties and inspection, 

Electronic funds transfers, Excise taxes, 

Packaging and containers, Puerto Rico, 

Reporting and recordkeeping 

requirements, Surety bonds, Virgin 

Islands, Warehouses. 

27 CFR Part 27 

Alcohol and alcoholic beverages, 

Beer, Cosmetics, Customs duties and 

inspection, Electronic funds transfers, 

Excise taxes, Imports, Labeling, Liquors, 

Packaging and containers, Reporting 

and recordkeeping requirements, Wine. 

27 CFR Part 31 

Alcohol and alcoholic beverages, 

Beer, Claims, Excise taxes, Exports, 

Labeling, Liquors, Packaging and 

containers, Reporting and recordkeeping 

requirements, Wine. 

Proposed Amendments to the 

Regulations 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR parts 17, 19, 24, 25, 26, 27, and 31 

as follows: 

PART 17—DRAWBACK ON TAXPAID 

DISTILLED SPIRITS USED IN 

MANUFACTURING NONBEVERAGE 

PRODUCTS 

1. The authority citation for part 17 is 

revised to read as follows: 

Authority: 26 U.S.C. 5010, 5131–5134, 

5143, 5146, 5148, 5206, 5273, 6011, 6065, 

6091, 6109, 6151, 6402, 6511, 7011, 7213, 

7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306. 

2. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 17 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 19—DISTILLED SPIRITS 

PLANTS 

3. The authority citation for part 19 is 

revised to read as follows: 

Authority: 19 U.S.C. 81c, 1311; 26 U.S.C. 

5001, 5002, 5004–5006, 5008, 5010, 5041, 

5061, 5062, 5066, 5081, 5101, 5111–5113, 

5142, 5143, 5146, 5148, 5171–5173, 5175, 

5176, 5178–5181, 5201–5204, 5206, 5207, 

5211–5215, 5221–5223, 5231, 5232, 5235, 

5236, 5241–5243, 5271, 5273, 5301, 5311–

5313, 5362, 5370, 5373, 5501–5505, 5551–

5555, 5559, 5561, 5562, 5601, 5612, 5682, 

6001, 6065, 6109, 6302, 6311, 6676, 6806, 

7011, 7510, 7805; 31 U.S.C. 9301, 9303, 9304, 

9306. 

4. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 19 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 24—WINE 

5. The authority citation for part 24 is 

revised to read as follows: 

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 

5008, 5041, 5042, 5044, 5061, 5062, 5081, 

5111–5113, 5121, 5122, 5142, 5143, 5148, 

5173, 5206, 5214, 5215, 5351, 5353, 5354, 

5356, 5357, 5361, 5362, 5364–5373, 5381–

5388, 5391, 5392, 5511, 5551, 5552, 5661, 

5662, 5684, 6065, 6091, 6109, 6301, 6302, 

6311, 6651, 6676, 7011, 7302, 7342, 7502, 

7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 

9304, 9306. 

6. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 24 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 25—BEER 

7. The authority citation for part 25 is 

revised to read as follows: 

Authority: 19 U.S.C. 81c; 26 U.S.C. 5002, 

5051–5054, 5056, 5061, 5091, 5111, 5113, 

5142, 5143, 5146, 5148, 5222, 5401–5403, 

5411–5417, 5551, 5552, 5555, 5556, 5671, 

5673, 5684, 6011, 6061, 6065, 6091, 6109, 

6151, 6301, 6302, 6311, 6313, 6402, 6651, 

6656, 6676, 6806, 7011, 7342, 7606, 7805; 31 

U.S.C. 9301, 9303–9308. 

8. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 25 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 26—LIQUORS AND ARTICLES 

FROM PUERTO RICO AND THE VIRGIN 

ISLANDS 

9. The authority citation for part 26 is 

revised to read as follows: 

Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 

5007, 5008, 5010, 5041, 5051, 5061, 5081, 

5111, 5112, 5114, 5121, 5122, 5124, 5131—

5134, 5141, 5146, 5148, 5207, 5232, 5271, 

5276, 5301, 5314, 5555, 6001, 6301, 6302, 

6804, 7101, 7102, 7651, 7652, 7805; 27 U.S.C. 

203, 205; 31 U.S.C. 9301, 9303, 9304, 9306. 

10. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 26 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 27—IMPORTATION OF 

DISTILLED SPIRITS, WINES, AND 

BEER 

11. The authority citation for part 27 

is revised to read as follows: 

Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c, 

1202; 26 U.S.C. 5001, 5007, 5008, 5010, 5041, 

5051, 5054, 5061, 5148, 5111, 5112, 5114, 

5121, 5122, 5124, 5201, 5205, 5207, 5232, 

5273, 5301, 5313, 5555, 6302, 7805. 

12. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 27 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 31—ALCOHOL BEVERAGE 

DEALERS 

13. The authority citation for part 31 

is revised to read as follows: 

Authority: 26 U.S.C. 5001, 5002, 5111–

5114, 5116, 5117, 5121–5124, 5142, 5143, 

5145, 5146, 5148, 5206, 5207, 5301, 5352, 

5555, 5613, 5681, 5691, 6001, 6011, 6061, 

6065, 6071, 6091, 6109, 6151, 6311, 6314, 

6402, 6511, 6601, 6621, 6651, 6657, 7011, 

7805. 

14. The proposed amendatory 

instructions and the proposed amended 

regulatory text for part 31 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. 

Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 62261 

Signed: July 6, 2005. 

John J. Manfreda, 

Administrator. 

Approved: September 14, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–21562 Filed 10–28–05; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD17–05–002] 

RIN 1625–AA87 

Security Zone; High Capacity 

Passenger Vessels and Alaska Marine 

Highway System Vessels in Alaska 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking; request for 

comments. 

SUMMARY: The Coast Guard is revising 

its proposed rule published March 9, 

2005, to establish permanent moving 

security zones around all escorted High 

Capacity Passenger Vessels (‘‘HCPV’’) 

and escorted Alaska Marine Highway 

System Vessels (‘‘AMHS vessels’’) 

during their transit in the navigable 

waters of the Seventeenth Coast Guard 

District. The 250-yard speed restriction 

zone, the 25-yard security zone around 

moored and anchored vessels, and the 

waiver request process in the notice of 

proposed rulemaking (NPRM) have been 

eliminated. The Coast Guard has revised 

the proposed security zones prohibiting 

any vessel from entering within 100 

yards of an escorted HCPV or escorted 

AMHS vessel while in transit. These 

security zones are necessary to mitigate 

potential terrorist acts and enhance 

public and maritime safety and security. 

Permission to enter these security zones 

may be granted by the designated onscene representative. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 30, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD17–05–

002 and are available for inspection or 

copying at United States Coast Guard, 

District 17 (dpi), 709 West 9th Street, 

Juneau, AK 99801 between 8 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: LT 

Matthew York, District 17 (dpi), 709 

West 9th Street, Juneau, AK 99801, 

(907) 463–2821. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We published a notice of proposed 

rulemaking (NPRM) entitled ‘‘Regulated 

Navigation Area and Security Zones; 

High Capacity Passenger Vessels in 

Alaska’’ in the Federal Register (70 FR 

11595, March 9, 2005), docket number 

CGD17–05–002. That NPRM included 

provisions for a 250-yard speed 

restriction zone, a 25-yard security zone 

around moored and anchored vessels, 

and a waiver request process. We are 

removing those three provisions from 

the proposed rule in this supplemental 

NPRM. 

The revised proposed security zones 

are limited to High Capacity Passenger 

Vessels (HCPV) and Alaska Marine 

Highway System Vessels (AMHS) 

vessels during transit in the waters of 

the Seventeenth Coast Guard District. 

These security zones will only apply to 

HCPV and AMHS vessels transiting 

under an escort as defined in this 

SNPRM. These permanent security 

zones have been carefully designed to 

minimally impact the public while 

providing protections for HCPV and 

AMHS vessels. 

Requests for Comments 

The Coast Guard encourages 

interested persons to participate in this 

rulemaking by submitting written data, 

views, or arguments. Persons submitting 

comments should include their name 

and addresses, identifying this 

rulemaking (CGD17–05–002) and the 

specific section of this document to 

which each comment applies, and give 

the reason for each comment. Please 

submit all comments and attachments in 

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and 

electronic filing. Persons wanting 

acknowledgment of receipt of comment 

should enclose a stamped, selfaddressed postcard or envelope. 

Comments on this supplemental 

NPRM must reach the Coast Guard on 

or before December 30, 2005. The Coast 

Guard will consider all comments 

received during the comment period 

and may change this proposed rule in 

view of the comments. 

The Coast Guard has not scheduled a 

public hearing at this time. You may 

request a public hearing by writing to 

the Seventeenth Coast Guard District at 

the address under ADDRESSES. The 

request should include the reasons why 

a hearing would be beneficial to the 

rulemaking. If it is determined that an 

opportunity for oral presentation will 

aid this rulemaking, the Coast Guard 

will schedule a public hearing at a time 

and place announced in a separate 

notice published in the Federal 

Register. 

Background and Purpose 

Due to increased awareness that 

future terrorist attacks are possible, the 

Coast Guard, as Lead Federal Agency for 

Maritime Homeland Security, has 

determined that the District Commander 

and the Captain of the Port must have 

the means to be aware of, detect, deter, 

intercept, and respond to threats, acts of 

aggression, and attacks by terrorists on 

the American homeland while 

maintaining our freedoms and 

sustaining the flow of commerce. 

Terrorists have demonstrated both 

desire and ability to utilize multiple 

means in different geographic areas to 

successfully carry out their terrorist 

missions, highlighted by the recent 

subway bombings in London. 

During the past 3 years, the Federal 

Bureau of Investigation has issued 

several advisories to the public 

concerning the potential for terrorist 

attacks within the United States. The 

October 2002 attack on a tank vessel, M/ 

V LIMBURG, off the coast of Yemen and 

the prior attack on the USS COLE 

demonstrate a continuing threat to U.S. 

maritime assets as described in the 

President’s finding in Executive Order 

13273 of August 21, 2002 (67 FR 56215, 

September 3, 2002) and Continuation of 

the National Emergency with Respect to 

Certain Terrorist Attacks, (67 FR 58317, 

September 13, 2002); and Continuation 

of the National Emergency With Respect 

To Persons Who Commit, Threaten To 

Commit, Or Support Terrorism, (67 FR 

59447, September 20, 2002). 

Furthermore, the ongoing hostilities in 

Afghanistan and Iraq have made it 

prudent for U.S. port and waterway 

users to be on a higher state of alert 

because the Al Qaeda organization and 

other similar organizations have 

declared an ongoing intention to 

conduct armed attacks on U.S. interests 

worldwide. 

In addition to escorting vessels, the 

Coast Guard has determined the need 

for additional security measures during 

their transit. A security zone is a tool 

available to the Coast Guard that may be 

used to control maritime traffic 

operating in the vicinity of these 

vessels. The District Commander has 

made a determination that it is 

necessary to establish a security zone 

around HCPV and AMHS vessels that 

are escorted to safeguard people, vessels 

and maritime traffic.