Safety Zone; Festival of Sail 2008 Ship's Parade; San Diego Harbor, San Diego, CA, 21880-21882 [E8-8732]
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
accordance with subsections (b)(3)(B)
and (g)(2)(A) of section 721.
(b) In any case where a request to
withdraw notice is granted under
§ 800.507, or where notice has been
rejected under § 800.403, § 800.702 shall
continue to apply with respect to
information and documentary material
filed with the Committee.
(c) Nothing in paragraph (a) of this
section shall be interpreted to prohibit
the public disclosure by a party of
documentary material or information
that it has filed with the Committee.
Any such documentary material or
information so disclosed may
subsequently be reflected in the public
statements of the Chairperson, who is
authorized to communicate with the
public and the Congress on behalf of the
Committee.
(d) The provisions of 50 U.S.C. App.
2155(d) relating to fines and
imprisonment shall apply with respect
to the disclosure of information or
documentary material filed with the
Committee under these regulations.
Subpart H—Penalties
mstockstill on PROD1PC66 with PROPOSALS
§ 800.801
Penalties.
(a) Any person who, intentionally or
through gross negligence, submits a
material misstatement or omission in a
notice or makes a false certification
under § 800.402(k) or 800.701(c) may be
liable to the United States for a civil
penalty not to exceed $250,000 per
violation. The amount of the penalty
assessed for a violation shall be based
on the nature of the violation.
(b) Any person who, intentionally or
through gross negligence, violates a
material agreement or condition entered
or agreed with the United States under
section 721(l) may be liable to the
United States for a civil penalty not to
exceed $250,000 per violation or the
value of the transaction. Any penalty
assessed under this subsection shall be
based on the nature of the violation and
shall be separate and apart from any
damages sought pursuant to a mitigation
agreement under section 721(l), or any
action taken under § 800.601(b).
(c) A mitigation agreement entered
into under section 721(l) may include a
provision providing for liquidated or
actual damages for breaches of the
agreement by parties to the transaction.
The Committee shall set the amount of
any liquidated damages as a reasonable
assessment of the harm to the national
security that could result from a breach
of the agreement. Any mitigation
agreement containing a liquidated
damages provision shall include a
provision that the Committee will
consider the severity of the breach in
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deciding whether to seek a lesser
amount than that stipulated in the
contract.
(d) A determination to impose
penalties under paragraphs (a) or (b) of
this section must be made by the
Committee. Notice of the penalty,
including a written explanation of the
penalized conduct and the amount of
the penalty, shall be sent to the
penalized party by U.S. mail.
(e) Upon receiving notice of the
imposition of a penalty under
paragraphs (a) or (b) of this section, the
penalized party may, within 15 days of
receipt of the notice of the penalty,
submit a written statement of appeal to
the Staff Chairperson, including a
defense, justification, or explanation for
the penalized conduct. The Committee
will review the appeal and issue a final
decision within 15 days of receipt of the
appeal.
(f) The penalties authorized in
paragraphs (a) and (b) of this section
may be recovered in a civil action
brought by the United States in federal
district court.
(g) The penalties available under this
section are without prejudice to other
penalties, civil or criminal, available
under law.
Appendix to Part 800—Preamble to
Regulations on Mergers, Acquisition,
and Takeovers by Foreign Persons
(Published [date to be determined],
2008.)
[Text of Appendix will appear in the
final rule.]
Clay Lowery,
Assistant Secretary (International Affairs).
[FR Doc. 08–1172 Filed 4–21–08; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0096]
RIN 1625–AA00
Safety Zone; Festival of Sail 2008
Ship’s Parade; San Diego Harbor, San
Diego, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes a
safety zone, on the navigable waters of
San Diego Bay in support of the Festival
of Sail 2008 Ship’s Parade. This
temporary safety zone is necessary to
SUMMARY:
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provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: Comments and related material
must reach the Coast Guard on or before
May 23, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0096 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: 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–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Petty Officer Kristen Beer,
USCG, Waterways Management, U.S.
Coast Guard Sector San Diego at (619)
278–7233. If you have questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0096),
indicate the specific section of this
document to which each comment
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2008–0096) in the Docket ID
box, and click enter. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
mstockstill on PROD1PC66 with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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Background and Purpose
Small Entities
The Maritime Museum of San Diego
is sponsoring the Festival of Sail 2008
Ship’s Parade, which will transit
through San Diego Bay. The event is a
classic naval review consisting of 15 tall
ships of various classes, some of which
are restricted in their maneuverability.
The sponsor will provide 16
enforcement vessels to patrol this event.
This temporary safety zone is necessary
to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and other users of the
waterway.
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels intending to transit
or anchor in the San Diego Bay from 10
a.m. to 1 p.m. on August 20, 2000.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule would
be in effect for only three hours for a
period of one day. Vessel traffic could
pass safely around the safety zone.
Before the effective period, the Coast
Guard will publish a local notice to
mariners (LNM) and will issue
broadcast notice to mariners (BNM)
alerts via marine channel 16 VHF before
the safety zone is enforced.
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.
Discussion of Proposed Rule
The Coast Guard proposes a safety
zone that would be enforced from 10
a.m. to 1 p.m. on August 20, 2008. The
limits of the safety zone would be as
follows: The route would start at
32°37.15′ N, 117°14.07′ W and would
proceed northeast between green Buoy
#3 and red Buoy #4 at 32°3812′ N,
117°13.74′ W, then north between green
Buoy #5 and red Buoy #6 at 32°39.14′
N, 117°13.51′ W, then north through the
harbor channel to 32°42.07′ N,
117°13.90′ W, and then northeast to
32°43.11′ N, 117°12.71′ W, and then east
to 32°43.13′ N, 117°11.12′ W, and finally
southeast to the Coronado Bridge at
32°41.45′ N, 11°09.18′ W.
This safety zone is necessary to
provide for the safety of the crews,
spectators, and participants of the event
and to protect other vessels and users of
the waterway. Persons and vessels will
be prohibited from entering into,
transiting through, or anchoring within
this safety zone unless authorized by the
Captain of the Port, or his designated
representative.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
This determination is based on the
size and location of the safety zone.
Commercial vessels will be not be
hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times.
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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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Petty Officer
Kristen Beer, USCG, Waterways
Management, U.S. Coast Guard Sector
San Diego at (619) 278–7233. 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.
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
List of Subjects in 33 CFR Part 165
Energy Effects
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 proposed rule under that Order and
have determined that it does not have
implications for federalism.
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.
Words of Issuance and Proposed
Regulatory Text
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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 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.
mstockstill on PROD1PC66 with PROPOSALS
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
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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 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 made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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Harbors, 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 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1225, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–6, and 160.5; Pub. L. 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. A new temporary § 165.T11–014 to
read as follows:
§ 165.T11–014 Safety Zone; Festival of Sail
2008 Ship’s Parade; San Diego Harbor, San
Diego, CA.
(a) Location. The limits of the
proposed moving safety zone are as
follows: The route would start at
32°37.15′ N, 117°14.07′ W and would
proceed northeast between green Buoy
#3 and red Buoy #4 at 32°38.12′ N,
117°13.74′ W, then north between green
Buoy #5 and red Buoy #6 at 32°39.14′
N, 117°13.51′ W, then north through the
harbor channel to 32°42.07′ N,
117°13.90′ W, and then northeast to
32°43.11′ N, 117°12.71′ W, and then east
to 32°43.13′ N, 117°11.12′ W, and finally
southeast to the Coronado Bridge at
32°41.45′ N, 11°09.18′ W.
(b) Enforcement period. This section
will be enforced from 10 a.m. to 1 p.m.
on August 20, 2008. If the event
concludes prior to the schedules
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
Dated: March 17, 2008.
C.V. Stangfeld,
Captain, U.S. Coast Guard, Captain of the
Port, Sector San Diego.
[FR Doc. E8–8732 Filed 4–22–08; 8:45 am]
BILLING CODE 4910–15–P
E:\FR\FM\23APP1.SGM
23APP1
]]>Agencies
[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21880-21882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8732]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0096]
RIN 1625-AA00
Safety Zone; Festival of Sail 2008 Ship's Parade; San Diego
Harbor, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes a safety zone, on the navigable
waters of San Diego Bay in support of the Festival of Sail 2008 Ship's
Parade. This temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, participating vessels,
and other vessels and users of the waterway. Persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before May 23, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0096 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Petty Officer Kristen Beer, USCG, Waterways Management, U.S.
Coast Guard Sector San Diego at (619) 278-7233. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0096), indicate the specific section of this
document to which each comment
[[Page 21881]]
applies, and give the reason for each comment. We recommend that you
include your name and a mailing address, an e-mail address, or a phone
number in the body of your document so that we can contact you if we
have questions regarding your submission. You may submit your comments
and material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES; but please submit
your comments and material by only one means. If you submit them by
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0096) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The Maritime Museum of San Diego is sponsoring the Festival of Sail
2008 Ship's Parade, which will transit through San Diego Bay. The event
is a classic naval review consisting of 15 tall ships of various
classes, some of which are restricted in their maneuverability. The
sponsor will provide 16 enforcement vessels to patrol this event. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and other users of the
waterway.
Discussion of Proposed Rule
The Coast Guard proposes a safety zone that would be enforced from
10 a.m. to 1 p.m. on August 20, 2008. The limits of the safety zone
would be as follows: The route would start at 32[deg]37.15' N,
117[deg]14.07' W and would proceed northeast between green Buoy
3 and red Buoy 4 at 32[deg]3812' N, 117[deg]13.74' W,
then north between green Buoy 5 and red Buoy 6 at
32[deg]39.14' N, 117[deg]13.51' W, then north through the harbor
channel to 32[deg]42.07' N, 117[deg]13.90' W, and then northeast to
32[deg]43.11' N, 117[deg]12.71' W, and then east to 32[deg]43.13' N,
117[deg]11.12' W, and finally southeast to the Coronado Bridge at
32[deg]41.45' N, 11[deg]09.18' W.
This safety zone is necessary to provide for the safety of the
crews, spectators, and participants of the event and to protect other
vessels and users of the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This determination is based on the size and location of the safety
zone. Commercial vessels will be not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the San Diego Bay from 10 a.m. to 1
p.m. on August 20, 2000.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only three hours for a period of one day.
Vessel traffic could pass safely around the safety zone. Before the
effective period, the Coast Guard will publish a local notice to
mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts
via marine channel 16 VHF before the safety zone is enforced.
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.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Petty Officer Kristen Beer,
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619)
278-7233. 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.
[[Page 21882]]
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 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 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1225, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-6, and 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. A new temporary Sec. 165.T11-014 to read as follows:
Sec. 165.T11-014 Safety Zone; Festival of Sail 2008 Ship's Parade;
San Diego Harbor, San Diego, CA.
(a) Location. The limits of the proposed moving safety zone are as
follows: The route would start at 32[deg]37.15' N, 117[deg]14.07' W and
would proceed northeast between green Buoy 3 and red Buoy
4 at 32[deg]38.12' N, 117[deg]13.74' W, then north between
green Buoy 5 and red Buoy 6 at 32[deg]39.14' N,
117[deg]13.51' W, then north through the harbor channel to
32[deg]42.07' N, 117[deg]13.90' W, and then northeast to 32[deg]43.11'
N, 117[deg]12.71' W, and then east to 32[deg]43.13' N, 117[deg]11.12'
W, and finally southeast to the Coronado Bridge at 32[deg]41.45' N,
11[deg]09.18' W.
(b) Enforcement period. This section will be enforced from 10 a.m.
to 1 p.m. on August 20, 2008. If the event concludes prior to the
schedules termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. Entry into, transit through or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port of San Diego or his designated on-scene representative. Mariners
requesting permission to transit through the safety zone may request
authorization to do so from the Patrol Commander (PATCOM). The PATCOM
may be contacted on VHF-FM Channel 16.
Dated: March 17, 2008.
C.V. Stangfeld,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Diego.
[FR Doc. E8-8732 Filed 4-22-08; 8:45 am]
BILLING CODE 4910-15-P
