Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Rules and Regulations 56729 

(7) Subheading 9820.42.05 for articles 

described in § 10.843(f) of this subpart; 

(8) Subheading 9820.65.05 for articles 

described in § 10.843(g) of this subpart; 

(9) Subheading 9820.62.20 for articles 

described in § 10.843(h) of this subpart; 

(10) Subheading 9820.62.25 for 

articles described in § 10.843(i) of this 

subpart; 

(11) Subheading 9820.62.30 for 

articles described in § 10.843(j) of this 

subpart; and 

(12) Subheading 9820.85.44 for wiring 

sets described in § 10.843(k) of this 

subpart. 

* * * * * 

Jayson P. Ahern, 

Acting Commissioner, Customs and Border 

Protection. 

Approved: September 25, 2008. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E8–23008 Filed 9–29–08; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice 6378] 

Visas: Documentation of 

Nonimmigrants Under the Immigration 

and Nationality Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

regulatory exceptions to travel 

restrictions, established in the Tom 

Lantos Block Burmese JADE Act, that 

were put in place for Burmese nationals. 

The rule allows the Department to 

exempt certain Burmese diplomats and 

officials from the travel restrictions. 

DATES: Effective Date: This rule is 

effective September 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence B. Kurland, Jr., Legislation 

and Regulations Division, Visa Services, 

Department of State, 2401 E Street, NW., 

Room L–603D, Washington, DC 20520– 

0106, (202) 663–1202, e-mail 

(KurlandLB@state.gov). 

SUPPLEMENTARY INFORMATION: On July 

29, 2008, the President signed into law 

the Tom Lantos Block Burmese JADE 

(Junta’s Anti-Democratic Efforts) Act of 

2008, Public Law 110–286, authorizing 

a broad range of new measures against 

the Burmese regime. Among these 

measures is a new category of visa 

inadmissibility, detailed in Section 5(a) 

of the Act. However, the Act permits the 

Secretary of State to issue, by regulation, 

exceptions to Section 5(a), in order for 

the United States and Burma to operate 

their diplomatic missions, to allow 

United States citizens to visit Burma, to 

permit authorized Burmese to conduct 

business at the United Nations, or as 

required by other applicable 

international agreements. Since 

diplomatic travel must often be 

approved in a short time frame, it would 

be impractical to issue a new regulation 

for each instance of Burmese diplomatic 

travel. This rule, then, will allow the 

Secretary to comply with the regulatory 

requirement set out in Section 5(f)(2) of 

the Act while making exceptions to 

Section 5(a) in accordance with 

Department of State regulations. 

Regulatory Findings 

Administrative Procedure Act 

This regulation involves a foreign 

affairs function of the United States and, 

therefore, in accordance with 5 U.S.C. 

553(a)(1), is not subject to the rule 

making procedures set forth in 5 U.S.C. 

553. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this final rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it is exempt from the 

regulatory flexibility analysis 

requirements set forth at sections 603 

and 604 of the Regulatory Flexibility 

Act (5 U.S.C. 603 and 604). Nonetheless, 

consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

regulates individual aliens who seek 

consideration for nonimmigrant visas 

and does not affect any small entities, as 

defined in 5 U.S.C. 601(6). 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

2 U.S.C. 1532, generally requires 

agencies to prepare a statement before 

proposing any rule that may result in an 

annual expenditure of $100 million or 

more by State, local, or tribal 

governments, or by the private sector. 

This rule will not result in any such 

expenditure, nor will it significantly or 

uniquely affect small governments. 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and import markets. 

Executive Order 12866 

Although this rule is not subject to 

Executive Order 12866, the Department 

has reviewed it to ensure its consistency 

with the regulatory philosophy and 

principles set forth in the Executive 

Order, and has determined that the 

benefits of the rule justify its costs. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 41 

Aliens, Foreign officials, Immigration, 

Nonimmigrants, Visas. 

■ Accordingly, for the reasons set forth 

above, 22 CFR part 41 is amended as 

follows: 

PART 41—[AMENDED] 

■ 1. The authority citation for part 41 

continues to read as follows: 

Authority: 8 U.S.C. 1104; Pub. L. 105–277, 

112 Stat. 2681–795 through 2681–801; 8 

U.S.C. 1185 note (section 7209 of Pub. L. 

108–458). 

■ 2. Section 41.21 is amended by adding 

paragraph (d)(4): 

§ 41.21 Foreign officials—general. 

(d) * * * 

(4) Notwithstanding the provisions of 

Section 5(a) and consistent with Section 

5(f)(2) of the Tom Lantos Block Burmese 

JADE (Junta’s Anti-Democratic Efforts) 

Act of 2008, Public Law 110–286, visas 

may be issued to visa applicants who 

are otherwise ineligible for a visa to 

travel to the United States under section 

5(a)(1) of the Act: 

(i) To permit the United States and 

Burma to operate their diplomatic 


ebenthall on PROD1PC60 with RULES
56730 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Rules and Regulations 

missions, and to permit the United 

States to conduct other official United 

States Government business in Burma; 

(ii) To permit the United States to 

comply with the United Nations 

Headquarters Agreement and other 

applicable international agreements. 

Dated: September 22, 2008. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E8–22956 Filed 9–29–08; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 105 

[Docket Nos. TSA–2006–24191; USCG– 

2006–24196] 

Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector; Hazardous 

Materials Endorsement for a 

Commercial Driver’s License 

AGENCY: United States Coast Guard; 

DHS. 

ACTION: Notice of compliance date, 

Captain of the Port Zones Honolulu, 

Prince William Sound, Southeast 

Alaska, and Western Alaska. 

SUMMARY: This document informs 

owners and operators of facilities 

located within Captain of the Port Zones 

Honolulu, Prince William Sound, 

Southeast Alaska, and Western Alaska 

that they must implement access control 

procedures utilizing TWIC no later than 

February 12, 2009. 

DATES: The compliance date for the 

TWIC regulations found in 33 CFR part 

105 for Captain of the Port Zones 

Honolulu, Prince William Sound, 

Southeast Alaska, and Western Alaska is 

February 12, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this document 

as being available in the docket, are part 

of dockets TSA–2006–24191 and 

USCG–2006–24196, and are available 

for inspection or copying at the Docket 

Management Facility, 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. You may also find this docket 

on the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call LCDR Jonathan Maiorine, telephone 

1–877–687–2243. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: 

I. Regulatory History 

On May 22, 2006, the Department of 

Homeland Security (DHS) through the 

United States Coast Guard (Coast Guard) 

and the Transportation Security 

Administration (TSA) published a joint 

notice of proposed rulemaking entitled 

‘‘Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector; Hazardous 

Materials Endorsement for a 

Commercial Driver’s License’’ in the 

Federal Register (71 FR 29396). This 

was followed by a 45-day comment 

period and four public meetings. The 

Coast Guard and TSA issued a joint 

final rule, under the same title, on 

January 25, 2007 (72 FR 3492) 

(hereinafter referred to as the original 

TWIC final rule). The preamble to that 

final rule contains a discussion of all the 

comments received on the NPRM, as 

well as a discussion of the provisions 

found in the original TWIC final rule, 

which became effective on March 26, 

2007. 

On May 7, 2008, the Coast Guard and 

TSA issued a final rule to realign the 

compliance date for implementation of 

the Transportation Worker 

Identification Credential. 73 FR 25562. 

The date by which mariners need to 

obtain a TWIC, and by which owners 

and operators of vessels and outer 

continental shelf facilities must 

implement access control procedures 

utilizing TWIC, is now April 15, 2009 

instead of September 25, 2008. Owners 

and operators of facilities that must 

comply with 33 CFR part 105 will still 

be subject to earlier, rolling compliance 

dates, as set forth in 33 CFR 105.115(e). 

The Coast Guard will continue to 

announce rolling compliance dates, as 

provided in 33 CFR 105.115(e), at least 

90 days in advance via notices 

published in the Federal Register. The 

final compliance date for all COTP 

Zones will not be later than April 15, 

2009. 

II. Notice of Facility Compliance Date— 

COTP Zones Honolulu, Prince William 

Sound, Southeast Alaska, and Western 

Alaska 

Title 33 CFR 105.115(e) currently 

states that ‘‘[f]acility owners and 

operators must be operating in 

accordance with the TWIC provisions in 

this part by the date set by the Coast 

Guard in a Notice to be published in the 

Federal Register.’’ Through this Notice, 

the Coast Guard informs the owners and 

operators of facilities subject to 33 CFR 

105.115(e) located within COTP Zones 

Honolulu, Prince William Sound, 

Southeast Alaska, and Western Alaska 

that the deadline for their compliance 

with Coast Guard and TSA TWIC 

requirements is February 12, 2009. 

The TSA and Coast Guard have 

determined that this date provides 

sufficient time for the estimated 

population required to obtain TWICs for 

these COTP Zones to enroll and for TSA 

to complete the necessary security 

threat assessments for those enrollment 

applications. We strongly encourage 

persons requiring unescorted access to 

facilities regulated by 33 CFR part 105 

and located in one of these COTP Zones 

to enroll for their TWIC as soon as 

possible, if they haven’t already. 

Additionally, we note that the TWIC 

Final Rule advises owners and operators 

of MTSA regulated facilities of their 

responsibility to notify employees of the 

TWIC requirements. Specifically, 33 

CFR 105.200(b)(14) requires owners or 

operators of MTSA regulated facilities to 

‘‘[i]nform facility personnel of their 

responsibility to apply for and maintain 

a TWIC, including the deadlines and 

methods for such applications.’’ 

Information on enrollment procedures, 

as well as a link to the pre-enrollment 

Web site (which will also enable an 

applicant to make an appointment for 

enrollment), may be found at 

https://twicprogram.tsa.dhs.gov/ 

TWICWebApp/. 

You may also visit our Web site at 

homeport.uscg.mil/twic for a framework 

showing expected future compliance 

dates by COTP Zone. This list is subject 

to change; changes in expected future 

compliance dates will appear on that 

Web site. The exact compliance date for 

COTP Zones will also be announced in 

the Federal Register at least 90 days in 

advance. 

Dated: September 23, 2008. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Chief, Ports and 

Facilities Activities. 

[FR Doc. E8–22836 Filed 9–29–08; 8:45 am] 

BILLING CODE 4910–15–P 


ebenthall on PROD1PC60 with RULES