Safety Zone; Piscataqua River, Portsmouth, NH, and Kittery, ME; Frontier Sentinel 2008, 31363-31366 [E8-12175]
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Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Rules and Regulations
immediately when directed to do so by
any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the event area.
(d) Enforcement period. (1) This
section will be enforced from 7:30 a.m.
to 6:30 p.m. on June 6, 7, and 8, 2008
and if the event’s daily activities should
conclude prior to 6:30 p.m.,
enforcement of this regulation may be
terminated for that day at the discretion
of the Patrol Commander.
(2) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHFFM marine band radio announcing
specific event dates and times.
Dated: May 21, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–12154 Filed 5–30–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0341]
RIN 1625–AA00
Safety Zone; Piscataqua River,
Portsmouth, NH, and Kittery, ME;
Frontier Sentinel 2008
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing temporary moving safety
zones around Coast Guard and Navy
vessels as well as five fixed safety zones
off to the west and south of Gerrish
Island, south of Kittery Point, east of
Jaffrey Point, and east of Odiornes Point
during the Frontier Sentinel Exercise on
the Piscataqua River, a homeland
security exercise that will involve
underwater equipment and operations.
This rule will establish multiple fixed
and moving safety zones that will be
enforced from 8 a.m. to 5 p.m. daily on
June 9, 2008 through June 12, 2008 from
the General Sullivan Bridge, U.S. Route
16 to one mile seaward of the Red
‘‘2KR’’ buoy at the mouth of the river.
This action is necessary to protect
federal, state, and local assets (including
unmanned underwater vehicles (UUV))
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10:44 Aug 13, 2008
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and others in the maritime community
from the safety hazards that may arise
from this large scale exercise.
DATES: This rule is effective from 8 a.m.
on June 9, 2008 through 5 p.m. on June
12, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0341 and are
available online at www.regulations.gov.
This material is 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 at U.S.
Coast Guard Sector Northern New
England, 259 High Street, South
Portland, ME 04106 between the hours
of 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LTJG Kevin Miller at (207) 741–5431.
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 a NPRM. In
conjunction with preparations for this
exercise, the U.S. Navy and Coast Guard
were not able to finalize the exercise
scope, location, and timetables until
April 23, 2008. Therefore, publishing of
a proposed rule was not feasible.
Nonetheless, the temporary
establishment of the safety zones
established by this rule is in the public
interest.
For the same reasons, 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.
Immediately implementing this rule
promotes the public interest by
protecting the maritime public and
agency participants on the Piscataqua
River during Frontier Sentinel 2008.
Background and Purpose
This rule establishes five fixed safety
zones as well as moving safety zones for
the duration of the exercise. The rule is
necessary to protect the federal, state,
local, and public entities on the
Piscataqua River during Frontier
Sentinel 2008, a large scale mine
countermeasures exercise. The exercise
area will encompass all waters of the
Piscataqua River from the General
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Sullivan Bridge, U.S. Route 16, seaward
to one mile past the Red ‘‘2KR’’ buoy at
the mouth of the river. Within this
exercise area, there will be numerous
federal, state, and local vessels
participating with divers and unmanned
underwater vehicles (UUV). The UUV’s
will be monitored by Coast Guard,
Navy, or state patrol vessels, designated
with the blue and white Alpha (Diver
Down) Flag.
Discussion of Rule
The five fixed safety zones will be
established where continuous diving
operations will take place during the
hours of the exercise. These fixed safety
zones will be located near Gerrish
Island, Kittery Point, Jaffrey Point, and
Odiornes Point. The five temporary
fixed safety zones will be enforced
between the hours of 8 a.m. to 5 p.m.
on June 9, 2008 through June 12, 2008:
All waters on the Piscataqua River
enclosed by a box starting from a point
located south of Kittery Point at latitude
43[deg]04’41’’ N, longitude
70[deg]43’03’’ W; thence to latitude
43[deg]04’36’’ N, longitude
70[deg]43’02’’ W; thence to latitude
43[deg]04’40’’ N, longitude
70[deg]42’34’’ W; thence to latitude
43[deg]04’45’’ N, longitude
70[deg]42’36’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located east of Jaffrey Point at latitude
43[deg]03’48’’ N, longitude
70[deg]42’36’’ W; thence to latitude
43[deg]03’15’’ N, longitude
70[deg]42’39’’ W; thence to latitude
43[deg]03’15’’ N, longitude
70[deg]42’21’’ W; thence to latitude
43[deg]03’48’’ N, longitude
70[deg]42’28’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located west of Gerrish Island at latitude
43[deg]04’32’’ N, longitude
70[deg]42’09’’ W; thence to latitude
43[deg]04’13’’ N, longitude
70[deg]42’05’’ W; thence to latitude
43[deg]03’55’’ N, longitude
70[deg]42’04’’ W; thence to latitude
43[deg]03’59’’ N, longitude
70[deg]41’53’’ W; thence to latitude
43[deg]04’15’’ N, longitude
70[deg]41’56’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located east of Odiornes Point at
latitude 43[deg]03’05’’ N, longitude
70[deg]42’45’’ W; thence to latitude
43[deg]02’32’’ N, longitude
70[deg]42’33’’ W; thence to latitude
43[deg]02’40’’ N, longitude
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70[deg]42’34’’ W; thence to latitude
43[deg]02’40’’ N, longitude
70[deg]42’05’’ W; thence to latitude
43[deg]02’53’’ N, longitude
70[deg]42’19’’ W; thence to the point of
beginning.
All waters on the Piscataqua River
enclosed by a box starting from a point
located south of Gerrish Island at
latitude 43[deg]03’21’’ N, longitude
70[deg]41’24’’ W; thence to latitude
43[deg]02’46’’ N, longitude
70[deg]41’13’’ W; thence to latitude
43[deg]02’46’’ N, longitude
70[deg]39’27’’ W; thence to latitude
43[deg]03’32’’ N, longitude
70[deg]40’10’’ W; thence to latitude
43[deg]03’27’’ N, longitude
70[deg]40’28’’ W; thence to the point of
beginning.
All coordinates for these safety zones
are North American Datum 1983 (NAD
83).
The temporary moving safety zones
will be established as necessary to
encompass Coast Guard, Navy, and state
patrol vessels, with a radius of 100
yards, to ensure the safety of the
maritime public from the hazards
associated with the UUV operations.
There may be as many as five
simultaneous moving safety zones
throughout the operation area. The
establishment and enforcement of these
zones will be announced via a Broadcast
Notice to Mariners during the exercise
timeframe. These vessels and their
associated UUV’s will be operating in
the Piscataqua River from the General
Sullivan, U.S. Route 16 bridge, seaward
to the mouth of the river near one mile
past the Red ‘‘2KR’’ Buoy. The vessels
will be displaying an Alpha (Diver
Down) Flag.
Mariners wishing to transit through
the moving safety zones must contact
the Captain of the Port (COTP) or the
COTP’s designated representative at
telephone number 207–767–0303 or
contact the designated Patrol
Commander on VHF Channel 13 (156.7
MHz) or VHF channel 16 (156.8 MHz)
to seek permission to do so. If
permission is granted, all persons and
vessels must comply with the
instructions provided by the COTP or
the COTP’s designated representative.
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. The Coast Guard expects the
economic impact of this rule to be so
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10:44 Aug 13, 2008
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minimal that a full regulatory evaluation
is unnecessary. The effect of this rule
will not be significant for the following
reasons: The safety zone will be of
limited duration. The event is designed
to avoid, as much as practicable, deep
draft, fishing, and recreational boating
traffic routes. Vessels may be authorized
to transit the zone with permission of
the COTP. Additionally, maritime
advisories will be broadcast during the
duration of the effective period.
Extensive outreach has been conducted
through the Area Maritime Security
Committee, the Area Committee, and
the Maine and New Hampshire Port
Safety Forum, as well as focused
outreach to key stakeholders.
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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit in the safety
zone during this exercise. However, this
rule will not have a significant
economic impact on a substantial
number of small entities due to the
minimal time that vessels will be
restricted from the area, the ample space
available for vessels to maneuver and
navigate around the zone, and advance
notifications will be made to the local
community by marine information
broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this temporary rule so
that they can better evaluate its effects
on them and participate in the
rulemaking process. If this rule will
affect your small business, organization
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please contact LTJG Kevin Miller at
(207) 741–5431, Sector Northern New
England, Waterways Management
Division.
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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.
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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.
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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
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10:44 Aug 13, 2008
Jkt 214001
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 Checklist’’ 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 and recordkeeping
requirements, Security measures, and
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–
1, 6.04–6, and 160.5; Public Law 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Add temporary § 165.T01–0341 to
read as follows:
■
§ 165.T01–0341 Safety Zone; Piscataqua
River, Portsmouth, NH, and Kittery, ME;
Frontier Sentinel 2008.
(a) Location. The following areas are
fixed safety zones:
(1) All waters on the Piscataqua River
enclosed by a box starting from a point
located south of Kittery Point at latitude
43[deg]04[min]41[sec] N, longitude
70[deg]43[min]03[sec] W; thence to
latitude 43[deg]04[min]36[sec] N,
longitude 70[deg]43[min]02[sec] W;
thence to latitude 43[deg]04[min]40[sec]
N, longitude 70[deg]42[min]34[sec] W;
thence to latitude 43[deg]04[min]45[sec]
N, longitude 70[deg]42[min]36[sec] W;
thence to the point of beginning.
(2) All waters on the Piscataqua River
enclosed by a box starting from a point
located east of Jaffrey Point at latitude
43[deg]03[min]48[sec] N, longitude
70[deg]42[min]36[sec] W; thence to
latitude 43[deg]03[min]15[sec] N,
longitude 70[deg]42[min]39[sec] W;
thence to latitude 43[deg]03[min]15[sec]
N, longitude 70[deg]42[min]21[sec] W;
thence to latitude 43[deg]03[min]48[sec]
N, longitude 70[deg]42[min]28[sec] W;
thence to the point of beginning.
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(3) All waters on the Piscataqua River
enclosed by a box starting from a point
located west of Gerrish Island at latitude
43[deg]04[min]32[sec] N, longitude
70[deg]42[min]09[sec] W; thence to
latitude 43[deg]04[min]13[sec] N,
longitude 70[deg]42[min]05[sec] W;
thence to latitude 43[deg]03[min]55[sec]
N, longitude 70[deg]42[min]04[sec] W;
thence to latitude 43[deg]03[min]59[sec]
N, longitude 70[deg]41[min]53[sec] W;
thence to latitude 43[deg]04[min]15[sec]
N, longitude 70[deg]41[min]56[sec] W;
thence to the point of beginning.
(4) All waters on the Piscataqua River
enclosed by a box starting from a point
located east of Odiornes Point at
latitude 43[deg]03[min]05[sec] N,
longitude 70[deg]42[min]45[sec] W;
thence to latitude 43[deg]02[min]32[sec]
N, longitude 70[deg]42[min]33[sec] W;
thence to latitude 43[deg]02[min]40[sec]
N, longitude 70[deg]42[min]34[sec] W;
thence to latitude 43[deg]02[min]40[sec]
N, longitude 70[deg]42[min]05[sec] W;
thence to latitude 43[deg]02[min]53[sec]
N, longitude 70[deg]42[min]19[sec] W;
thence to the point of beginning.
(5) All waters on the Piscataqua River
enclosed by a box starting from a point
located south of Gerrish Island at
latitude 43[deg]03[min]21[sec] N,
longitude 70[deg]41[min]24[sec] W;
thence to latitude 43[deg]02[min]46[sec]
N, longitude 70[deg]41[min]13[sec] W;
thence to latitude 43[deg]02[min]46[sec]
N, longitude 70[deg]39[min]27[sec] W;
thence to latitude 43[deg]03[min]32[sec]
N, longitude 70[deg]40[min]10[sec] W;
thence to latitude 43[deg]03[min]27[sec]
N, longitude 70[deg]40[min]28[sec] W;
thence to the point of beginning.
(6) All vessels and swimmers are
restricted from entering these areas.
(b) Location. The following areas are
moving safety zones:
(1) All waters on the Piscataqua River
in a moving 100 yard radius
surrounding United States Navy, Coast
Guard, and state vessels displaying an
Alpha (Diver Down) Flag from the
General Sullivan Bridge, U.S. Route 16,
to one mile past the Red ‘‘2KR’’ Buoy.
(2) All vessels and swimmers are
restricted from entering these areas.
(c) Effective Date. This rule is
effective from 8 a.m. on June 9, 2008
through 5 p.m. June 12, 2008, and will
be enforced from 8 a.m. to 5 p.m. daily
during that period.
(d) Definitions.
(1) Designated Representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, or
local law enforcement officer designated
by or assisting the Captain of the Port
(COTP).
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(2) [Reserved]
(e) Regulations.
(1) In accordance with the general
regulations in 165.23 of this part, entry
into or movement within this zone by
any person or vessel is prohibited
unless authorized by the COTP, Sector
Northern New England or the COTP’s
designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zones may
contact the COTP or the COTP’s
designated representative at telephone
number 207–767–0303 or designated
representative on VHF Channel 13
(156.7 MHz) or VHF channel 16 (156.8
MHz)to seek permission to do so. If
permission is granted, all persons and
vessels must comply with the
instructions provided by the COTP or
the COTP’s designated representative.
Dated: May 20, 2008.
J.E. Rendon,
Captain, U.S. Coast Guard, COTP Northern
New England.
[FR Doc. E8–12175 Filed 5–30–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1132; FRL–8573–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota; Interstate Transport of
Pollution
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving revisions to
the Minnesota State Implementation
Plan (SIP) for ozone and particulate
matter (PM) which address the ‘‘good
neighbor’’ provisions of the Clean Air
Act (CAA). These provisions require
each state to submit a SIP that prohibits
emissions that adversely affect another
state’s air quality. The Minnesota
Pollution Control Agency (MPCA) has
adequately addressed the four distinct
elements related to the impact of
interstate transport of air pollutants.
These include prohibiting significant
contribution to nonattainment of the
National Ambient Air Quality Standards
(NAAQS) in another state, interference
with maintenance of the NAAQS in
another state, interference with plans in
another state to prevent significant
deterioration of air quality, and
interference with plans in another state
to protect visibility.
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10:44 Aug 13, 2008
Jkt 214001
DATES: This rule is effective on August
1, 2008, unless EPA receives adverse
written comments by July 2, 2008. If
EPA receives adverse comments, EPA
will publish a timely withdrawal of the
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–1132 by one of the following
methods:
<bullet≤ https://www.regulations.gov:
Follow the online instructions for
submitting comments.
<bullet≤ E-mail:
aburano.douglas@epa.gov.
<bullet≤ Fax: (312) 886–5824.
<bullet≤ Mail: Douglas Aburano,
Acting Chief, Criteria Pollutant Section,
Air Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
<bullet≤ Hand Delivery: Douglas
Aburano, Acting Chief, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2007–
1132. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. We
recommend that you telephone Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
Table of Contents
I. Background
II. What is being addressed in this document?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated
revised NAAQS for ozone and PM. For
ozone, EPA adopted a standard of 0.08
ppm over an 8-hour averaging period
(62 FR 38856). For PM, EPA added new
24-hour and annual standards for
particles less than or equal to 2.5
micrometers in diameter (PM2.5) (62 FR
38652). Section 110(a)(1) of the CAA
requires states to submit new SIPs that
provide for the implementation,
maintenance, and enforcement of a new
or revised standard within three years
E:\VIC\02JNR1.LOC
02JNR1
]]>Agencies
[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Rules and Regulations]
[Pages 31363-31366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12175]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0341]
RIN 1625-AA00
Safety Zone; Piscataqua River, Portsmouth, NH, and Kittery, ME;
Frontier Sentinel 2008
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary moving safety zones
around Coast Guard and Navy vessels as well as five fixed safety zones
off to the west and south of Gerrish Island, south of Kittery Point,
east of Jaffrey Point, and east of Odiornes Point during the Frontier
Sentinel Exercise on the Piscataqua River, a homeland security exercise
that will involve underwater equipment and operations. This rule will
establish multiple fixed and moving safety zones that will be enforced
from 8 a.m. to 5 p.m. daily on June 9, 2008 through June 12, 2008 from
the General Sullivan Bridge, U.S. Route 16 to one mile seaward of the
Red ``2KR'' buoy at the mouth of the river. This action is necessary to
protect federal, state, and local assets (including unmanned underwater
vehicles (UUV)) and others in the maritime community from the safety
hazards that may arise from this large scale exercise.
DATES: This rule is effective from 8 a.m. on June 9, 2008 through 5
p.m. on June 12, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0341 and are available online at
www.regulations.gov. This material is 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 at U.S. Coast
Guard Sector Northern New England, 259 High Street, South Portland, ME
04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Kevin Miller at (207) 741-5431.
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 a NPRM. In conjunction with
preparations for this exercise, the U.S. Navy and Coast Guard were not
able to finalize the exercise scope, location, and timetables until
April 23, 2008. Therefore, publishing of a proposed rule was not
feasible. Nonetheless, the temporary establishment of the safety zones
established by this rule is in the public interest.
For the same reasons, 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. Immediately
implementing this rule promotes the public interest by protecting the
maritime public and agency participants on the Piscataqua River during
Frontier Sentinel 2008.
Background and Purpose
This rule establishes five fixed safety zones as well as moving
safety zones for the duration of the exercise. The rule is necessary to
protect the federal, state, local, and public entities on the
Piscataqua River during Frontier Sentinel 2008, a large scale mine
countermeasures exercise. The exercise area will encompass all waters
of the Piscataqua River from the General Sullivan Bridge, U.S. Route
16, seaward to one mile past the Red ``2KR'' buoy at the mouth of the
river. Within this exercise area, there will be numerous federal,
state, and local vessels participating with divers and unmanned
underwater vehicles (UUV). The UUV's will be monitored by Coast Guard,
Navy, or state patrol vessels, designated with the blue and white Alpha
(Diver Down) Flag.
Discussion of Rule
The five fixed safety zones will be established where continuous
diving operations will take place during the hours of the exercise.
These fixed safety zones will be located near Gerrish Island, Kittery
Point, Jaffrey Point, and Odiornes Point. The five temporary fixed
safety zones will be enforced between the hours of 8 a.m. to 5 p.m. on
June 9, 2008 through June 12, 2008:
All waters on the Piscataqua River enclosed by a box starting from
a point located south of Kittery Point at latitude 43[deg]04'41'' N,
longitude 70[deg]43'03'' W; thence to latitude 43[deg]04'36'' N,
longitude 70[deg]43'02'' W; thence to latitude 43[deg]04'40'' N,
longitude 70[deg]42'34'' W; thence to latitude 43[deg]04'45'' N,
longitude 70[deg]42'36'' W; thence to the point of beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located east of Jaffrey Point at latitude 43[deg]03'48'' N,
longitude 70[deg]42'36'' W; thence to latitude 43[deg]03'15'' N,
longitude 70[deg]42'39'' W; thence to latitude 43[deg]03'15'' N,
longitude 70[deg]42'21'' W; thence to latitude 43[deg]03'48'' N,
longitude 70[deg]42'28'' W; thence to the point of beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located west of Gerrish Island at latitude 43[deg]04'32'' N,
longitude 70[deg]42'09'' W; thence to latitude 43[deg]04'13'' N,
longitude 70[deg]42'05'' W; thence to latitude 43[deg]03'55'' N,
longitude 70[deg]42'04'' W; thence to latitude 43[deg]03'59'' N,
longitude 70[deg]41'53'' W; thence to latitude 43[deg]04'15'' N,
longitude 70[deg]41'56'' W; thence to the point of beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located east of Odiornes Point at latitude 43[deg]03'05'' N,
longitude 70[deg]42'45'' W; thence to latitude 43[deg]02'32'' N,
longitude 70[deg]42'33'' W; thence to latitude 43[deg]02'40'' N,
longitude 70[deg]42'34'' W; thence to latitude 43[deg]02'40'' N,
longitude 70[deg]42'05'' W; thence to latitude
[[Page 31364]]
43[deg]02'53'' N, longitude 70[deg]42'19'' W; thence to the point of
beginning.
All waters on the Piscataqua River enclosed by a box starting from
a point located south of Gerrish Island at latitude 43[deg]03'21'' N,
longitude 70[deg]41'24'' W; thence to latitude 43[deg]02'46'' N,
longitude 70[deg]41'13'' W; thence to latitude 43[deg]02'46'' N,
longitude 70[deg]39'27'' W; thence to latitude 43[deg]03'32'' N,
longitude 70[deg]40'10'' W; thence to latitude 43[deg]03'27'' N,
longitude 70[deg]40'28'' W; thence to the point of beginning.
All coordinates for these safety zones are North American Datum
1983 (NAD 83).
The temporary moving safety zones will be established as necessary
to encompass Coast Guard, Navy, and state patrol vessels, with a radius
of 100 yards, to ensure the safety of the maritime public from the
hazards associated with the UUV operations. There may be as many as
five simultaneous moving safety zones throughout the operation area.
The establishment and enforcement of these zones will be announced via
a Broadcast Notice to Mariners during the exercise timeframe. These
vessels and their associated UUV's will be operating in the Piscataqua
River from the General Sullivan, U.S. Route 16 bridge, seaward to the
mouth of the river near one mile past the Red ``2KR'' Buoy. The vessels
will be displaying an Alpha (Diver Down) Flag.
Mariners wishing to transit through the moving safety zones must
contact the Captain of the Port (COTP) or the COTP's designated
representative at telephone number 207-767-0303 or contact the
designated Patrol Commander on VHF Channel 13 (156.7 MHz) or VHF
channel 16 (156.8 MHz) to seek permission to do so. If permission is
granted, all persons and vessels must comply with the instructions
provided by the COTP or the COTP's designated representative.
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. The Coast Guard expects the economic
impact of this rule to be so minimal that a full regulatory evaluation
is unnecessary. The effect of this rule will not be significant for the
following reasons: The safety zone will be of limited duration. The
event is designed to avoid, as much as practicable, deep draft,
fishing, and recreational boating traffic routes. Vessels may be
authorized to transit the zone with permission of the COTP.
Additionally, maritime advisories will be broadcast during the duration
of the effective period. Extensive outreach has been conducted through
the Area Maritime Security Committee, the Area Committee, and the Maine
and New Hampshire Port Safety Forum, as well as focused outreach to key
stakeholders.
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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
in the safety zone during this exercise. However, this rule will not
have a significant economic impact on a substantial number of small
entities due to the minimal time that vessels will be restricted from
the area, the ample space available for vessels to maneuver and
navigate around the zone, and advance notifications will be made to the
local community by marine information broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this rule will affect your small business, organization or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LTJG Kevin Miller
at (207) 741-5431, Sector Northern New England, Waterways Management
Division.
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
[[Page 31365]]
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
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
Checklist'' 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 and
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. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T01-0341 to read as follows:
Sec. 165.T01-0341 Safety Zone; Piscataqua River, Portsmouth, NH, and
Kittery, ME; Frontier Sentinel 2008.
(a) Location. The following areas are fixed safety zones:
(1) All waters on the Piscataqua River enclosed by a box starting
from a point located south of Kittery Point at latitude
43[deg]04[min]41[sec] N, longitude 70[deg]43[min]03[sec] W; thence to
latitude 43[deg]04[min]36[sec] N, longitude 70[deg]43[min]02[sec] W;
thence to latitude 43[deg]04[min]40[sec] N, longitude
70[deg]42[min]34[sec] W; thence to latitude 43[deg]04[min]45[sec] N,
longitude 70[deg]42[min]36[sec] W; thence to the point of beginning.
(2) All waters on the Piscataqua River enclosed by a box starting
from a point located east of Jaffrey Point at latitude
43[deg]03[min]48[sec] N, longitude 70[deg]42[min]36[sec] W; thence to
latitude 43[deg]03[min]15[sec] N, longitude 70[deg]42[min]39[sec] W;
thence to latitude 43[deg]03[min]15[sec] N, longitude
70[deg]42[min]21[sec] W; thence to latitude 43[deg]03[min]48[sec] N,
longitude 70[deg]42[min]28[sec] W; thence to the point of beginning.
(3) All waters on the Piscataqua River enclosed by a box starting
from a point located west of Gerrish Island at latitude
43[deg]04[min]32[sec] N, longitude 70[deg]42[min]09[sec] W; thence to
latitude 43[deg]04[min]13[sec] N, longitude 70[deg]42[min]05[sec] W;
thence to latitude 43[deg]03[min]55[sec] N, longitude
70[deg]42[min]04[sec] W; thence to latitude 43[deg]03[min]59[sec] N,
longitude 70[deg]41[min]53[sec] W; thence to latitude
43[deg]04[min]15[sec] N, longitude 70[deg]41[min]56[sec] W; thence to
the point of beginning.
(4) All waters on the Piscataqua River enclosed by a box starting
from a point located east of Odiornes Point at latitude
43[deg]03[min]05[sec] N, longitude 70[deg]42[min]45[sec] W; thence to
latitude 43[deg]02[min]32[sec] N, longitude 70[deg]42[min]33[sec] W;
thence to latitude 43[deg]02[min]40[sec] N, longitude
70[deg]42[min]34[sec] W; thence to latitude 43[deg]02[min]40[sec] N,
longitude 70[deg]42[min]05[sec] W; thence to latitude
43[deg]02[min]53[sec] N, longitude 70[deg]42[min]19[sec] W; thence to
the point of beginning.
(5) All waters on the Piscataqua River enclosed by a box starting
from a point located south of Gerrish Island at latitude
43[deg]03[min]21[sec] N, longitude 70[deg]41[min]24[sec] W; thence to
latitude 43[deg]02[min]46[sec] N, longitude 70[deg]41[min]13[sec] W;
thence to latitude 43[deg]02[min]46[sec] N, longitude
70[deg]39[min]27[sec] W; thence to latitude 43[deg]03[min]32[sec] N,
longitude 70[deg]40[min]10[sec] W; thence to latitude
43[deg]03[min]27[sec] N, longitude 70[deg]40[min]28[sec] W; thence to
the point of beginning.
(6) All vessels and swimmers are restricted from entering these
areas.
(b) Location. The following areas are moving safety zones:
(1) All waters on the Piscataqua River in a moving 100 yard radius
surrounding United States Navy, Coast Guard, and state vessels
displaying an Alpha (Diver Down) Flag from the General Sullivan Bridge,
U.S. Route 16, to one mile past the Red ``2KR'' Buoy.
(2) All vessels and swimmers are restricted from entering these
areas.
(c) Effective Date. This rule is effective from 8 a.m. on June 9,
2008 through 5 p.m. June 12, 2008, and will be enforced from 8 a.m. to
5 p.m. daily during that period.
(d) Definitions.
(1) Designated Representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, or local law
enforcement officer designated by or assisting the Captain of the Port
(COTP).
(2) [Reserved]
(e) Regulations.
(1) In accordance with the general regulations in 165.23 of this
part, entry into or movement within this zone by any person or vessel
is prohibited unless authorized by the COTP, Sector Northern New
England or the COTP's designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zones may contact the COTP or the COTP's designated representative at
telephone number 207-767-0303 or designated representative on VHF
Channel 13 (156.7 MHz) or VHF channel 16 (156.8 MHz)to seek permission
to do so. If permission is granted, all persons and
[[Page 31366]]
vessels must comply with the instructions provided by the COTP or the
COTP's designated representative.
Dated: May 20, 2008.
J.E. Rendon,
Captain, U.S. Coast Guard, COTP Northern New England.
[FR Doc. E8-12175 Filed 5-30-08; 8:45 am]
BILLING CODE 4910-15-P
