Safety Zone: Fireworks Display, Pasquotank River, Elizabeth City, NC, 12891-12893 [E8-4799]

Download as PDF Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction because this rule involves drawbridge regulations. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation. List of Subjects in 33 CFR Part 117 Bridges. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: yshivers on PROD1PC62 with RULES I PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. § 117.433 is revised to read as follows: I § 117.433 Bonfouca Bayou. The draw of the S433 Bridge, mile 7.0, at Slidell, shall open on signal, except that from 6 p.m. to 6 a.m., the draw shall open on signal if at least two hours notice is given. On Monday through Friday, except Federal holidays, the draw need not open for the passage of vessels from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m. Dated: February 27, 2008. Joel R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. E8–4815 Filed 3–10–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0147] RIN 1625–AA00 Safety Zone: Fireworks Display, Pasquotank River, Elizabeth City, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish a 300 foot radius safety zone around a fireworks display for the Roanoke Bible College occurring on April 4, 2008 on the Pasquotank River, Elizabeth City, NC. This action is intended to restrict vessel traffic on the Pasquotank River. This safety zone is necessary to protect mariners from the hazards associated with firework displays. This rule is effective from 8 p.m. to 10 p.m. on April 4, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0147 and are available online at https://www.regulations.gov. They are also available for inspection or copying at two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and Coast Guard Sector North Carolina, 2301 East DATES: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 12891 Fort Macon Rd., Atlantic Beach, North Carolina, 28512 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Christopher Humphrey, Marine Event Coordinator, Sector North Carolina, (252) 247–4569. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Immediate action is needed to protect the maritime public from the hazards associated with the fireworks display and fallout over the water. The necessary information to determine whether this firework display would impact the marine public was not determined within sufficient time to publish an NPRM. For the safety concerns noted, it is in the public’s best interest to have this regulation in place during the display. Coast Guard personnel will be on scene to provide actual notice to mariners who may not know about this safety zone. Also, a notice to mariners will be broadcast for this event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be contrary to public interest, since immediate action is needed to ensure the public’s safety. Background and Purpose On April 4, 2008, the Roanoke Bible College will conduct a fireworks display adjacent to Pasquotank River, Elizabeth City, North Carolina. Spectators will be observing from both shore and from vessels. Due to the need to protect the mariners and spectators from the hazards associated with the fireworks display, vessel traffic will be temporarily restricted in this portion of the river. Discussion of Rule The Coast Guard is establishing a safety zone on specified waters on the Pasquotank River, adjacent to Elizabeth City, North Carolina. The regulated area will consist of a 300 feet radius safety zone around the launch site in approximate position 36°18′16″ N 076°12′52″ W, which is located approximately 500 yards east of the E:\FR\FM\11MRR1.SGM 11MRR1 12892 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations Camden Causeway Bridge Highway 158. The safety zone will be enforced from 8 p.m. to 10 p.m. on April 4, 2008. General navigation in the safety zone will be restricted during the event. Except for participants and vessels authorized by the Captain of the Port Representative, no person or vessel may enter or remain in the regulated area. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. yshivers on PROD1PC62 with RULES Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which are small entities: The owners and operators of vessels intending to transit or anchor in that portion of the Pasquotank River on April 4, 2008, between the hours of 8 p.m. and 10 p.m. The safety zone will not have a significant impact on a substantial number of small entities, because the zone will only be in place for a limited amount of time, 2 hours late in the evening when vessel traffic is low. In addition maritime advisories will be issued in advance, so the mariners can adjust their plans accordingly. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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 Christopher Humphrey, Marine Event Coordinator, VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 Coast Guard Sector North Carolina at (252) 247–4569. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888– 734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting & Recordkeeping requirements, Security measures, and Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: on board a vessel displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Sector North Carolina can be contacted at telephone number (252) 247–4570 or (252) 247–4571. (4) Coast Guard vessels enforcing the safety zone can be contacted on VHF– FM marine band radio, Channel 13 (156.65Mhz) and Channel 16 (156.8Mhz). (d) Enforcement period: This regulation will be enforced from 8 p.m. to 10 p.m. on April 4, 2008. (e) Effective Date: This regulation is effective from 8 p.m. until 10 p.m. on April 4, 2008. Dated: February 28, 2008. G.D. Case, Commander, U.S. Coast Guard, Acting Captain of the Port Sector North Carolina. [FR Doc. E8–4799 Filed 3–10–08; 8:45 am] POSTAL SERVICE 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5.; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05–014 to read as follows: I yshivers on PROD1PC62 with RULES Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on PostEmployment Activity ACTION: (a) Location: The following area is a safety zone: All waters of Pasquotank River within a 300 foot radius of approximate position 36°18′16″N 076°12′52″W in the Captain of the Port Sector North Carolina zone as defined in 33 CFR 3.25–20. (b) Definition: As used in this section; Captain of the Port Representative means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. (c) Regulation: (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port or designated representative. (2) The operator of any vessel in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on board a vessel displaying a U.S. Coast Guard Ensign; (ii) Proceed as directed by any commissioned, warrant or petty officer Jkt 214001 39 CFR Part 956 AGENCY: § 165.T05–014 Safety Zone: Pasquotank River, Elizabeth City, North Carolina. 15:22 Mar 10, 2008 PART 956—[REMOVED AND RESERVED] I 1. Remove and reserve Part 956. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 08–946 Filed 3–10–08; 8:45 am] BILLING CODE 7710–12–M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–0717; FRL–8533–1] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Approval of Construction Permit Waiver Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: BILLING CODE 4910–15–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Aug<31>2005 12893 Postal Service. Final rule. SUMMARY: The Postal Service is removing the Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on Post-Employment Activity. DATES: Effective Date: March 11, 2008. FOR FURTHER INFORMATION CONTACT: Diane M. Mego, (703) 812–1905. The Postal Service is removing the Rules of Practice in Proceedings Relative to Disciplinary Action for Violations of Restrictions on Post-Employment Activity. These provisions have been superseded by the Standards of Ethical Conduct for Employees of the Executive Branch issued by the Office of Government Ethics. This revision is a mandated charge in the agency rules of procedure before the Judicial Officer and, therefore, it is appropriate for its adoption by the Postal Service to become effective immediately. Accordingly, the Postal Service removes and reserves 39 CFR part 956 as set forth below: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 SUMMARY: EPA is approving revisions to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) on May 1, 2007. The WDNR has submitted for approval into its SIP a revision which allows the WDNR to issue a waiver to a source allowing it to commence construction prior to a construction permit being issued, in certain cases. This provision is only allowed for minor sources that meet specific criteria, and WDNR must follow established procedures to grant a waiver. In addition, the revision also contains changes to Wisconsin’s fee provisions to allow a fee to be charged for the waiver. EPA proposed approval of this revision on December 4, 2007 (72 FR 68119). EPA did not receive any comments. EPA is approving this revision because it is consistent with Federal regulations governing state permit programs. DATES: This final rule is effective on April 10, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2007–0717. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov or in hard E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12891-12893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4799]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0147]
RIN 1625-AA00


Safety Zone: Fireworks Display, Pasquotank River, Elizabeth City, 
NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a 300 foot radius safety 
zone around a fireworks display for the Roanoke Bible College occurring 
on April 4, 2008 on the Pasquotank River, Elizabeth City, NC. This 
action is intended to restrict vessel traffic on the Pasquotank River. 
This safety zone is necessary to protect mariners from the hazards 
associated with firework displays.

DATES: This rule is effective from 8 p.m. to 10 p.m. on April 4, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0147 and are available online 
at https://www.regulations.gov. They are also available for inspection 
or copying at two locations: the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
Coast Guard Sector North Carolina, 2301 East Fort Macon Rd., Atlantic 
Beach, North Carolina, 28512 between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Christopher Humphrey, Marine Event Coordinator, 
Sector North Carolina, (252) 247-4569. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Immediate action is needed to 
protect the maritime public from the hazards associated with the 
fireworks display and fallout over the water. The necessary information 
to determine whether this firework display would impact the marine 
public was not determined within sufficient time to publish an NPRM. 
For the safety concerns noted, it is in the public's best interest to 
have this regulation in place during the display. Coast Guard personnel 
will be on scene to provide actual notice to mariners who may not know 
about this safety zone. Also, a notice to mariners will be broadcast 
for this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to public interest, since immediate action is needed to 
ensure the public's safety.

Background and Purpose

    On April 4, 2008, the Roanoke Bible College will conduct a 
fireworks display adjacent to Pasquotank River, Elizabeth City, North 
Carolina. Spectators will be observing from both shore and from 
vessels. Due to the need to protect the mariners and spectators from 
the hazards associated with the fireworks display, vessel traffic will 
be temporarily restricted in this portion of the river.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
on the Pasquotank River, adjacent to Elizabeth City, North Carolina. 
The regulated area will consist of a 300 feet radius safety zone around 
the launch site in approximate position 36[deg]18'16'' N 
076[deg]12'52'' W, which is located approximately 500 yards east of the

[[Page 12892]]

Camden Causeway Bridge Highway 158. The safety zone will be enforced 
from 8 p.m. to 10 p.m. on April 4, 2008. General navigation in the 
safety zone will be restricted during the event. Except for 
participants and vessels authorized by the Captain of the Port 
Representative, no person or vessel may enter or remain in the 
regulated area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which are 
small entities: The owners and operators of vessels intending to 
transit or anchor in that portion of the Pasquotank River on April 4, 
2008, between the hours of 8 p.m. and 10 p.m. The safety zone will not 
have a significant impact on a substantial number of small entities, 
because the zone will only be in place for a limited amount of time, 2 
hours late in the evening when vessel traffic is low. In addition 
maritime advisories will be issued in advance, so the mariners can 
adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. 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 Christopher Humphrey, Marine 
Event Coordinator, Coast Guard Sector North Carolina at (252) 247-4569. 
Small businesses may send comments on the actions of Federal employees 
who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD

[[Page 12893]]

which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' will be available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting & 
Recordkeeping requirements, Security measures, and Waterways.

0
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5.; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T05-014 to read as follows:


Sec.  165.T05-014  Safety Zone: Pasquotank River, Elizabeth City, North 
Carolina.

    (a) Location: The following area is a safety zone: All waters of 
Pasquotank River within a 300 foot radius of approximate position 
36[deg]18'16''N 076[deg]12'52''W in the Captain of the Port Sector 
North Carolina zone as defined in 33 CFR 3.25-20.
    (b) Definition: As used in this section; Captain of the Port 
Representative means any U.S. Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (c) Regulation: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port or designated representative.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
U.S. Coast Guard Ensign;
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Sector North Carolina can be contacted 
at telephone number (252) 247-4570 or (252) 247-4571.
    (4) Coast Guard vessels enforcing the safety zone can be contacted 
on VHF-FM marine band radio, Channel 13 (156.65Mhz) and Channel 16 
(156.8Mhz).
    (d) Enforcement period: This regulation will be enforced from 8 
p.m. to 10 p.m. on April 4, 2008.
    (e) Effective Date: This regulation is effective from 8 p.m. until 
10 p.m. on April 4, 2008.

    Dated: February 28, 2008.
G.D. Case,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector North 
Carolina.
[FR Doc. E8-4799 Filed 3-10-08; 8:45 am]
BILLING CODE 4910-15-P
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