26328 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

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 

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 023.1 

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 proposed 

rule regulates vessel movement around 

a marine regatta on the navigable waters 

of the United States. This type of event 

is categorically excluded from further 

analysis under section 2.B.2, figure 2–1, 

paragraph (34)(h) of the Instruction, and 

we anticipate that this exclusion will 

apply to this event. 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add temporary § 100.35–T05–0251 

to read as follows: 

§ 100.35–T05–0251 Special Local 

Regulations for Marine Events; Patapsco 

River, Northwest Harbor, MD. 

(a) Regulated area. The following 

locations are regulated areas: All waters 

of the Patapsco River, Northwest 

Harbor, Maryland, located near Locust 

Point, within an area bounded by the 

following lines of reference; bounded on 

the west by a line running along 

longitude 076°35′35′′ W; bounded on the 

east by a line running along longitude 

076°35′10′′ W; bounded on the north by 

a line running along latitude 39°016′40′′ 

N; and bounded on the south by the 

shoreline. All coordinates reference 

Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U. S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: (i) Stop the vessel 

immediately when directed to do so by 

the Coast Guard Patrol Commander or 

any Official Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period: This section 

will be enforced as follows; (1) from 6 

a.m. until 7 p.m. on August 22, 2009. 

(2) In the case of inclement weather 

this marine event may be postponed and 

rescheduled for 6 a.m. to 7 p.m. on 

August 29, 2009. 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on 

VHF–FM marine band radio announcing 

specific event date and times. 

Dated: May 20, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–12705 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0006] 

RIN 1625—AA01 

Seventh Coast Guard District, Captain 

of the Port Zone Jacksonville, 

Temporary Restricted Anchorage 

AGENCY: Coast Guard, DHS. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Coast Guard is 

withdrawing its proposed rule 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26329 

concerning the establishment of three 

temporary restricted anchorages with 

associated safety/security zones within 

the Captain of the Port Zone 

Jacksonville. The proposed rule is being 

withdrawn because the geographic 

locations of the proposed anchorage 

areas are beyond three nautical miles 

from the baseline of the territorial sea. 

DATES: The proposed rule published at 

73 FR 12925, March 11, 2008, is 

withdrawn, as of June 2, 2009. 

ADDRESSES: The docket for this 

withdrawn rulemaking is available for 

inspection or copying at 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. You may also 

find this docket on the Internet by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2008–0006 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice, 

contact Lieutenant Commander Mark 

Gibbs at U.S. Coast Guard Sector 

Jacksonville Prevention Department, 

telephone 904–564–7563, e-mail 

Mark.A.Gibbs@uscg.mil. If you have 

questions on viewing material in the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 11, 2008, we published a 

notice of proposed rulemaking entitled 

‘‘Seventh Coast Guard District, Captain 

of the Port Zone Jacksonville, 

Temporary Restricted Anchorage’’ in the 

Federal Register (73 FR 12925). We 

received no comments on the proposed 

rule; no public meeting was requested 

and none was held. 

The rulemaking concerned 

establishment of three, multi-purpose, 

temporary restricted anchorages with 

associated safety/security zones to 

service vessels intending to call on the 

ports of Jacksonville or Fernandina, 

within the Captain of the Port Zone 

Jacksonville as defined by 33 CFR 3.35– 

20. These temporary restricted 

anchorages and associated safety/ 

security zones were designed for the 

geographic separation and/or restriction 

of vessels or persons on such vessels 

when such vessels or persons pose or 

are suspected of posing a safety, public 

health, environmental, or security 

threat. 

Withdrawal 

The proposed rule sought to establish 

anchorage areas beyond three nautical 

miles from the territorial sea baseline. 

Currently, the Coast Guard’s authority 

under the Rivers and Harbors Act does 

not allow it to create anchorages more 

than three miles from the territorial sea 

baseline (see 33 CFR 2.20 and 2.22). 

Therefore, we are withdrawing our 

proposal, which was published on 

March 11, 2008, in the Federal Register 

(73 FR 12925). 

Authority: We issue this notice of 

withdrawal under the authority of 33 U.S.C. 

471, 1221 through 1236, 2030, 2035, 2071; 33 

CFR 1.05–1; and Department of Homeland 

Security Delegation No. 0170.1. 

Dated: May 12, 2009. 

R.S. Branham, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. E9–12707 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 09–65; FCC 09–38] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2009 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission will revise 

its Schedule of Regulatory Fees in order 

to recover an amount of $341,875,000 

that Congress has required the 

Commission to collect for fiscal year 

2009. Section 9 of the Communications 

Act of 1934, as amended, provides for 

the annual assessment and collection of 

regulatory fees under sections 9(b)(2) 

and 9(b)(3), respectively, for annual 

‘‘Mandatory Adjustments’’ and 

‘‘Permitted Amendments’’ to the 

Schedule of Regulatory Fees. 

DATES: Comments are due June 4, 2009, 

and reply comments are due June 11, 

2009. 

ADDRESSES: You may submit comments, 

identified by MD Docket No. 09–65, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs. Follow the 

instructions for submitting comments. 

• E-mail: ecfs@fcc.gov. Include MD 

Docket No. 09–65 in the subject line of 

the message. 

• Mail: Commercial overnight mail 

(other than U.S. Postal Service Express 

Mail) and Priority Mail, must be sent to 

9300 East Hampton Drive, Capitol 

Heights, MD 20743. U.S. Postal Service 

first-class, Express, and Priority mail 

should be addressed to 445 12th Street, 

SW., Washington DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Daly, Office of Managing Director 

at (202) 418–1832. 

SUPPLEMENTARY INFORMATION: 

Adopted: May 11, 2009; Released: 

May 14, 2009. 

By the Commission: Acting Chairman 

Copps issuing a statement. 

TABLE OF CONTENTS

Heading Paragraph 

No. 

I. INTRODUCTION ................................................................................................................................................................................... 1 

II. NOTICE OF PROPOSED RULEMAKING ............................................................................................................................................ 2 

A. FY 2009 Regulatory Fee Assessment Methodology—Development of FY 2009 Regulatory Fees ........................................... 2 

B. Regulatory Fee Obligations for Digital Broadcasters .................................................................................................................. 5 

C. Commercial Mobile Radio Service Messaging Service ............................................................................................................... 8 

D. International Bearer Circuits ........................................................................................................................................................ 9 

E. Administrative and Operational Issues ....................................................................................................................................... 11 

1. Mandatory Use of Fee Filer ................................................................................................................................................... 12 

2. Notification and Collection of Regulatory Fees ................................................................................................................... 16 

a. Pre-bills ............................................................................................................................................................................ 16