[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42016-42018]
[FR Doc No: 2013-16807]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0326]
RIN 1625-AA00

Safety Zone; Discovery World Fireworks, Milwaukee Harbor,
Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within
Milwaukee Harbor, Milwaukee, Wisconsin. This zone is intended to
restrict vessels from a portion of Milwaukee Harbor due to 4 fireworks
displays at Discovery World Pier. This safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with these fireworks displays.

DATES: This rule will be enforced with actual notice from July 10,
2013, until July 15, 2013. This rule is effective in the Code of
Federal Regulations from July 15, 2013 until October 5, 2013. This rule
will be enforced at the dates and times listed in the ``Discussion of
Comments, Changes, and the Final Rule'' section that follows.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0326. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 17, 2013, the Coast Guard published a notice of proposed
rulemaking entitled, ``Safety Zone; Discovery World Fireworks,
Milwaukee Harbor, Milwaukee, Wisconsin'' in the Federal Register (78 FR
29086). We received 0 comments on the proposed rule. No public meeting
was requested, and none was held.
    The Coast Guard finds that good cause exists under 5 U.S.C.
553(d)(3), for making this rule effective less than 30 days after
publication in the Federal Register. Waiting for a 30 day notice period
to run would be impracticable and contrary to the public interest
because the Coast Guard did not receive the necessary information in
time for this regulation to undertake both an NPRM and a 30 day delayed
effective date. The Coast Guard chose to seek public comment in the
time that remained. Additionally, undergoing a 30 day delayed effective
date would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with a maritime fireworks display,
which are discussed further below.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    Bartolotta Catering Company has informed the Coast Guard of 4
fireworks displays planned for 2013. These displays are scheduled for
July 10; August 3 and 22; and October 5. Each display is expected to
involve fireworks no larger than 4'' in size and will be fired from the
same location on Discovery World Pier. The Captain of the Port, Lake
Michigan, has determined that the likelihood of transiting watercraft
during the fireworks displays presents a significant risk of serious
injuries or fatalities. The safety risks associated with these displays
include falling debris, accidental detonations, and the spread of fire
among spectator vessels.

C. Discussion of Comments, Changes, and the Final Rule

    No comments were received and no changes were made. The Captain of
the Port, Lake Michigan, has determined that a safety zone is necessary
to mitigate the aforementioned safety risks. Thus, this rule
establishes a safety zone that encompasses all waters of Milwaukee
Harbor, including Lakeshore inlet and Discovery World Marina, within
the arc of a circle with a 300-foot radius from the fireworks launch
site located in approximate position 43[deg]02'10.7'' N,
087[deg]53'37.5'' W (NAD 83).
    This safety zone is effective from July 10, 2013, until October 5,
2013. This safety zone will be enforced from 9 p.m. until 11 p.m. on
July 10; August 3 and 22; and October 5, 2013.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.

D. Regulatory Analyses

    We developed this temporary rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on these statutes and executive orders.

 1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
small and enforced for only two hours on a given day. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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. 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 might be small entities: The
owners or operators of vessels intending to transit or anchor in a
portion of Lake Michigan in Milwaukee Harbor during the times when this
rule is enforced.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor within the vicinity of the Discovery
World Marina or Lakeshore inlet during the times that this zone is
enforced.
    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 enforced for a limited time on 4 days. This safety zone
has been designed to allow traffic to pass safely around the zone
whenever possible and vessels will be allowed to pass through the zone
with the permission of the Captain of the Port. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    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.

 4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 (adjusted for
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

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 amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0326 to read as follows:

Sec.  165.T09-0326  Safety Zone; Discovery World Fireworks, Milwaukee
Harbor, Milwaukee, Wisconsin.

    (a) Location. All waters of Milwaukee Harbor, including Lakeshore
inlet and Discovery World Marina, within the arc of a circle with a
300-foot radius from the fireworks launch site located in approximate
position 43[deg]02'10.7'' N, 087[deg]53'37.5'' W (NAD 83).
    (b) Effective Period. This safety zone will be effective from July
10, 2013, until October 5, 2013. This safety zone will be enforced from
9 p.m. until 11 p.m. on July 10; August 3 and 22; and October 5, 2013.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Lake Michigan 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, Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or his on-scene representative may be contacted via
VHF Channel 16. 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, Lake Michigan, or his on-scene representative.

    Dated: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-16807 Filed 7-12-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 12, 2009 (Volume 74, Number 47)]
[Proposed Rules]
[Page 10689-10690]
[DOCID:fr12mr09-10]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 65, 119, 121, 135, and 142

[Docket No. FAA-2008-0677; Notice No. 08-07]
RIN 2120-AJ00

Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; notice of public meeting.

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SUMMARY: The FAA announces a public meeting on its proposal, published
January 12, 2009, to amend the regulations for crewmember and aircraft
dispatcher training programs in domestic, flag, and supplemental
operations. The FAA has received requests from stakeholders for
meetings during the comment period to clarify the proposal and respond
to questions. In response to those requests, the FAA is holding a
public meeting during the comment period. The purpose of the public
meeting is to give an opportunity to those who may be most affected by
the proposed rule to ask questions and seek information from the FAA
regarding the intent of the proposal.

DATES: The public meeting will be held on April 7, 2009, from 9 a.m.
EDT to 4 p.m. EDT. The FAA may adjourn the meeting early if all of the
agenda items have been addressed. Comments on the proposed rule must be
received on or before May 12, 2009.

ADDRESSES: The April 7, 2009, public meeting will be held at the
National Transportation Safety Board (NTSB) Training Center, 45065
Riverside Parkway, Ashburn, Virginia 20147. You can find information
regarding location, directions and nearby facilities on the NTSB Web
site at: http://www.ntsb.gov/TC/.

FOR FURTHER INFORMATION CONTACT: For further information related to
this meeting, contact Nancy Lauck Claussen, Air Transportation Division
(AFS-200), Flight Standards Service, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202)
267-8166. For further information on the Notice of Proposed Rulemaking,
contact Ed Cook for flight crewmember information, Nancy Lauck Claussen
for flight attendant information, and David Maloy for aircraft
dispatcher information at<PHONE_NUMBER>. For legal questions, contact
Anne Bechdolt, Office of Chief Counsel (AGC-200), Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On January 12, 2009, the FAA published a Notice of Proposed
Rulemaking (NPRM) entitled ``Qualification, Service, and Use of
Crewmembers and Aircraft Dispatchers'' (74 FR 1280). The proposed
regulations enhance traditional training programs by requiring the use
of flight simulation training devices for flight crewmembers and
includes additional training requirements in areas that are critical to
safety. The proposal also reorganizes and revises the qualification and
training requirements. The proposed changes are intended to contribute
significantly to reducing aviation accidents. The comment period closes
May 12, 2009.

Purpose of the Public Meeting

    The purpose of the public meeting is to give an opportunity to
those who may be most affected by the proposed rule to ask questions
and seek information from the FAA regarding the intent of the proposal.
This, in turn, will allow them to be more effective commenters. This
meeting is not a substitute process for submitting comments to the
docket. For all comments to the proposed rule to be considered, all
commenters must submit their comments to the docket by May 12, 2009.
You may send comments identified by Docket Number FAA-2008-0677 using
any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility,
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Public Meeting Procedures

    A panel of representatives from the FAA will lead the meeting. An
FAA representative will facilitate the meetings in accordance with the
following agenda and procedures:

                                 Agenda
------------------------------------------------------------------------
               Time                                 Topic
------------------------------------------------------------------------
0900-0915.........................  Opening Remarks
0915-1015.........................  General Overview/Review of NPRM
                                     Major Changes
                                       All
                                       Flight Crewmembers

                                       Flight Attendants
                                       Aircraft Dispatchers
1015-1030.........................   Break
1030-1045.........................   General Q&A
1045-1200.........................   Floor Questions
                                       Flight Crewmembers
1200-1300.........................   Lunch
1300-1415.........................   Floor Questions
                                       Flight Attendants
1415-1430.........................   Break
1430-1545.........................   Floor Questions
                                       Aircraft Dispatchers
1545-1600.........................   Wrap-Up/Exit
------------------------------------------------------------------------

    (1) The meeting is designed to facilitate the public comment
process by allowing commenters to ask questions and seek clarification
regarding the proposed rule. The meeting will be informal and non-
adversarial. No individual will be subject to cross-examination by any
other participant. Any statement made during the meeting by a panel
member should not be construed as an official position of the
government.
    (2) There will be no admission fees or other charges to attend or
to participate in the public meeting. The meeting will be open to all
persons, subject to availability of space in the meeting room. The FAA
will make every effort to accommodate all persons wishing to attend.
    (3) The meeting will be recorded and a record will be included in
the public docket. Information on how to purchase a recording will be
available at the meeting.

    Issued in Washington, DC, on March 9, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9-5362 Filed 3-11-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Page 61756]
[FR Doc No: 2017-28133]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9972-60-Region 6]

Underground Injection Control Program; Hazardous Waste Injection
Restrictions; Petition for Exemption Reissuance--Class I Hazardous
Waste Injection; TM Deer Park Services (TMDPS) Limited Partnership,
Deer Park, Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a final decision on a UIC no migration petition
reissuance.

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SUMMARY: Notice is hereby given that a reissuance of an exemption to
the Land Disposal Restrictions, under the 1984 Hazardous and Solid
Waste Amendments to the Resource Conservation and Recovery Act, has
been granted to TMDPS for two Class I hazardous waste injection wells
located at their Deer Park, Texas facility. The company has adequately
demonstrated to the satisfaction of the EPA by the petition reissuance
application and supporting documentation that, to a reasonable degree
of certainty, there will be no migration of hazardous constituents from
the injection zone for as long as the waste remains hazardous. This
final decision allows the underground injection by TMDPS of the
specific restricted hazardous wastes identified in this exemption
reissuance, into Class I hazardous waste injection wells WDW-169 and
WDW-249 until December 31, 2030, unless the EPA moves to terminate this
exemption or other petition condition limitations are reached.
Additional conditions included in this final decision may be reviewed
by contacting the EPA Region 6 Ground Water/UIC Section. A public
notice was issued October 11, 2017, and the public comment period
closed on November 27, 2017, and no comments were received. This
decision constitutes final Agency action and there is no Administrative
appeal. This decision may be reviewed/appealed in compliance with the
Administrative Procedure Act.

DATES: This action is applicable as of December 13, 2017.

ADDRESSES: Copies of the petition reissuance and all pertinent
information relating thereto are on file at the following location:
Environmental Protection Agency, Region 6, Water Division, Safe
Drinking Water Branch (6WQ-S), 1445 Ross Avenue, Dallas, Texas 75202-
2733.

FOR FURTHER INFORMATION CONTACT: Philip Dellinger, Chief, Ground Water/
UIC Section, EPA--Region 6, telephone<PHONE_NUMBER>.

    Dated: December 13, 2017.
James R. Brown,
Associate Director, Safe Drinking Water Branch.
[FR Doc. 2017-28133 Filed 12-28-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Rules and Regulations]
[Pages 25986-25989]
[FR Doc No: 2019-11777]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 746

[Docket No. 190524473-9473-01]
RIN 0694-AH87

Restricting the Temporary Sojourn of Aircraft and Vessels to Cuba

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
further limits the types of aircraft that are

authorized to fly to Cuba and the types of vessels that are authorized
to sail to Cuba on temporary sojourn. Specifically, this rule amends
License Exception Aircraft, Vessels and Spacecraft (AVS) in the Export
Administration Regulations (EAR) to remove the authorization for the
export or reexport to Cuba of most non-commercial aircraft and
passenger and recreational vessels on temporary sojourn. Additionally,
this rule amends the licensing policy for exports and reexports to Cuba
of aircraft and vessels on temporary sojourn to establish a general
policy of denial absent a foreign policy or national security interest
as determined by the U.S. Government. Consequently, private and
corporate aircraft, cruise ships, sailboats, fishing boats, and other
similar aircraft and vessels generally will be prohibited from going to
Cuba. BIS is making these amendments to support the Administration's
national security and foreign policy decision to restrict non-family
travel to Cuba to prevent U.S. funds from enriching the Cuban regime,
which continues to repress the Cuban people and provides ongoing
support to the Maduro regime in Venezuela. These amendments are
consistent with the National Security Presidential Memorandum on
Strengthening the Policy of the United States Toward Cuba. signed by
the President on June 16, 2017.

DATES: This rule is effective June 5, 2019.

FOR FURTHER INFORMATION CONTACT: Alan Christian, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, by email at<EMAIL_ADDRESS>or by
phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On June 16, 2017, President Trump announced changes to U.S. policy
toward Cuba intended to enhance compliance with United States law;
channel funds toward the Cuban people and away from the regime;
encourage the Cuban government to address oppression and human rights
abuses; further the national security and foreign policy interests of
the United States, as well as express solidarity with the Cuban people;
and lay the groundwork to improve human rights, encourage the rule of
law, foster free markets and free enterprise, and promote democracy in
Cuba. The President's policy is stated in the National Security
Presidential Memorandum on Strengthening the Policy of the United
States Toward Cuba (NSPM-5), dated June 16, 2017 (82 FR 48875, October
20, 2017). NSPM-5 also directs the Secretary of Commerce, as well as
the Secretaries of State and the Treasury, to take certain actions to
implement the President's Cuba policy. On November 9, 2017, the
Department of Commerce's Bureau of Industry and Security (BIS) and the
Department of the Treasury's Office of Foreign Assets Control (OFAC)
published rules in the Federal Register to implement certain portions
of NSPM-5 (82 FR 51983 and 82 FR 51998, respectively). The Department
of State also published the List of Restricted Entities and Subentities
Associated with Cuba (Cuba Restricted List) (82 FR 52089), which is
used by BIS in reviewing license applications submitted pursuant to the
Export Administration Regulations (EAR) (15 CFR parts 730-774) and by
OFAC in prohibiting certain direct financial transactions pursuant to
the Cuban Assets Control Regulations (CACR) (31 CFR part 515).
Additional entities and subentities have subsequently been added to the
Cuba Restricted List (83 FR 57523, 84 FR 8939, and 84 FR 17228. Please
also see the Department of State's website at: https://www.state.gov/cuba-sanctions/cuba-restricted-list/).
    On April 17, 2019, the White House announced that the
Administration is holding the Cuban regime accountable for repressing
the Cuban people and supporting the Maduro regime in Venezuela through
multiple actions, including by restricting non-family travel to Cuba,
or in other words, ``veiled tourism.'' Consequently, BIS is amending
License Exception Aircraft, Vessels and Spacecraft (AVS) in Sec.
740.15 of the EAR and the licensing policy for Cuba in Sec.  746.2 to
generally prohibit non-commercial aircraft from flying to Cuba and
passenger and recreational vessels from sailing to Cuba.

Amendments To License Exception Aircraft, Vessels and Spacecraft (AVS)

    Consistent with the embargo of Cuba, BIS authorization in the form
of a license or license exception is required for the export or
reexport to Cuba of all items subject to the EAR. Sec.  746.2(a)(1) of
the EAR identifies the license exceptions, or portions thereof, that
are available for exports and reexports to Cuba, including paragraphs
(a) and (d) of License Exception AVS in Sec.  740.15 for, respectively,
certain aircraft and vessels on temporary sojourn. Paragraph (a)(2) of
License Exception AVS contains the terms and conditions that are
specific to U.S. registered aircraft. This rule removes Cuba from
eligibility for paragraph (a)(2)(ii), making general aviation (e.g.,
private and corporate aircraft) and certain other aircraft ineligible
for License Exception AVS when destined for Cuba. The only civil
aircraft of U.S. registry that remain eligible for License Exception
AVS when destined for Cuba are commercial aircraft operating under Air
Carrier Operating Certificates or certain other Federal Aviation
Administration certificates or specifications identified in paragraph
(a)(2)(i). Making non-commercial aircraft ineligible for License
Exception AVS when destined for Cuba supports the President's policy to
restrict non-family travel to Cuba.
    Additionally, this rule amends paragraph (a)(2)(i) of Sec.  740.15
to make air ambulances operating under 14 CFR part 135 eligible for
License Exception AVS. BIS routinely approved license applications for
air ambulances to fly to Cuba on temporary sojourn before Cuba became
eligible for paragraph (a)(2)(ii) in 2015. Given their use in
evacuating individuals in medical distress with minimal advanced
notice, air ambulances will remain eligible for the license exception
when destined to Cuba.
    Paragraph (d)(6) of License Exception AVS contains Cuba-specific
terms and conditions for the temporary sojourn of vessels to Cuba. This
rule amends paragraph (d)(6) to remove passenger and recreational
vessels from eligibility for temporary sojourn to Cuba. Now only cargo
vessels for hire for use in the transportation of separately authorized
items are eligible for export or reexport to Cuba on temporary sojourn
provided all of the other terms and conditions of License Exception AVS
are met. This rule also simplifies and makes conforming changes to
paragraph (d)(6) of License Exception AVS. Making passenger and
recreational vessels ineligible for License Exception AVS when destined
for Cuba also supports the President's policy to restrict non-family
travel to Cuba.

Amendment to Cuba Licensing Policy

    When a license exception is not available, Sec.  746.2(b) of the
EAR explains that license applications for the export or reexport of
items to Cuba are subject to a general policy of denial unless
otherwise specified in that paragraph. This rule redesignates paragraph
(b)(3)(ii) as (b)(4) and revises the text of the new paragraph (b)(4)
to explain that applications for the export or reexport of most
aircraft or vessels on temporary sojourn to Cuba are subject to a
general policy of denial unless the export or reexport is consistent
with the foreign policy or national security interests of

the United States. Applications for the temporary sojourn of aircraft
operated by certificated air carriers or cargo vessels for hire that
are not eligible for License Exception AVS will be reviewed on a case-
by-case basis, such as cargo vessels that may need to remain in Cuba
beyond the 14-day limit in paragraph (d) of License Exception AVS due
to port congestion. A note to paragraph (b)(4) explains that
applications for private and corporate aircraft, cruise ships,
sailboats, fishing vessels, and other similar aircraft and vessels will
generally be denied. As a licensing policy of denial indicates, BIS
will only issue licenses for the temporary sojourn to Cuba of non-
commercial aircraft or non-cargo vessels if such action is consistent
with the national security and foreign policy interests of the United
States, such as the temporary sojourn of vessels for use in oil spill
response. Given the Administration's stated objectives of holding the
Cuban regime accountable for its repression of the Cuban people,
including by restricting non-family travel to Cuba, such licenses will
be issued only in extraordinary circumstances. Thus, non-commercial
aircraft and non-cargo vessels generally will be prohibited from going
to Cuba.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
    2. This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is issued with respect to a
national security function of the United States. This rule supports the
Administration's national security and foreign policy objectives per
the direction provided to agencies in National Security Presidential
Memorandum on Strengthening the Policy of the United States Toward Cuba
(NSPM-5). National Security Presidential Memoranda are used to
promulgate Presidential decisions on national security matters. Thus,
the primary direct benefit of this rule is to improve national
security. Restricting non-family travel to Cuba will limit aircraft and
vessel traffic, thus steering money away from the Cuban regime and its
military and security services who control the tourism industry in
Cuba. Accordingly, this rule meets the requirements set forth in the
April 5, 2017, OMB guidance implementing E.O. 13771. See https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, Public Law 115-232, tit. 17, subtitle B, 132 Stat. 2208 (2018),
which was included in the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
    6. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS expects the burden
hours associated with this collection to minimally increase and have
limited impact on the existing estimates. Any comments regarding the
collection of information associated with this rule, including
suggestions for reducing the burden, may be sent to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 15 CFR Chapter VII,
Subchapter C is amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority: Pub. L. 115-232, 132 Stat. 2208 (50 U.S.C. 4801 et
seq.). 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2018, 83 FR 39871 (August 13, 2018).

0
2. Section 740.15 is amended by:
0
a. Revising paragraphs (a)(2)(i) introductory text, (a)(2)(ii)
introductory text, and (d)(6);
0
b. Redesignate Note to paragraph (d) as Note 1 to paragraph (d);
0
c. Revise the newly redesignated Note 1 to paragraph (d).
    The revisions read as follows:

Sec.  740.15   Aircraft, Vessels and Spacecraft (AVS).

* * * * *
    (a) * * *
    (2) U.S. registered aircraft. (i) A civil aircraft of U.S. registry
operating under an Air Carrier Operating Certificate, Commercial
Operating Certificate, or Air Taxi Operating Certificate issued by the
Federal Aviation Administration (FAA), conducting flights under
operating specifications approved by the FAA pursuant to 14 CFR part
129, or air ambulances operating under 14 CFR part 135, may depart from
the United States under its own power for any destination, provided
that:
* * * * *
    (ii) Any other operating civil aircraft of U.S. registry may depart
from the United States under its own power for any destination, except
to Cuba or a destination in Country Group E:1 (see supplement no. 1 to
this part) (flights to these destinations require a license), provided
that:
* * * * *
    (d) * * *
    (6) Cuba, eligible vessels and purposes. For Cuba, only cargo
vessels for hire for use in the transportation of items are eligible
for this paragraph (d).

    Note 1 to paragraph (d). A vessel exported or reexported to a
country pursuant to this paragraph (d) may not remain in that
country for more than 14 consecutive days before it departs for a
country to which it may be exported without a license or the United
States.

* * * * *

PART 746--[AMENDED]

0
3. The authority citation for 15 CFR part 746 continues to read as
follows:

    Authority: Pub. L. 115-232, 132 Stat. 2208 (50 U.S.C. 4801 et
seq.); 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR,
1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p.
899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338,
69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination
2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Presidential
Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice
of May 9, 2018, 83 FR 21839 (May 10, 2018); Notice of August 8,
2018, 83 FR 39871 (August 13, 2018).

0
4. Section 746.2 is amended by:
0
(a) Redesignating paragraph (b)(3)(ii) as paragraph (b)(4);
0
(b) Adding and reserving new paragraph (b)(3)(ii); and
0
(c) Revising newly redesignated paragraph (b)(4).
    The addition and revision read as follows:

Sec.  746.2   Cuba.

* * * * *
    (b) * * *
    (ii) [Reserved]
    (4) Temporary sojourns of aircraft and vessels. Applications for
exports or reexports of aircraft or vessels on temporary sojourn to
Cuba, other than aircraft operated by certificated air carriers or
cargo vessels for hire, are subject to a general policy of denial
unless consistent with the foreign policy or national security
interests of the United States. Applications for exports or reexports
of aircraft operated by certificated air carriers or cargo vessels for
hire on temporary sojourn to Cuba may be authorized on a case-by-case
basis.

    Note 1 to paragraph (b)(4): Applications for exports or
reexports of private and corporate aircraft, cruise ships,
sailboats, fishing vessels, and other similar aircraft and vessels
on temporary sojourn to Cuba will generally be denied.

* * * * *

    Dated: May 31, 2019.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2019-11777 Filed 6-4-19; 8:45 am]
BILLING CODE 3510-33-P