Approval and Promulgation of Implementation Plans, 34874-34875 [E8-13916]
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34874
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
Federalism
We have analyzed this rule under
Executive Order 13132 and have
determined that this rule does not have
implications for federalism under that
order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a State, local, or tribal
government or the private sector to
incur direct costs without the Federal
Government’s having first provided the
funds to pay those unfunded mandate
costs. This rule will not impose an
unfunded mandate.
Taking of Private Property
This rule will not affect 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.
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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
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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 because it establishes a
safety zone. 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
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A temporary section in 165.T13–
037 is added to read as follows:
165.T13–037 Safety Zone; Arlington
Chamber of Commerce Fireworks
Display, Arlington, Oregon.
(a) Location. The following area is a
safety zone: The waters of the Columbia
River from surface to bottom,
encompassed by lines connecting the
following points: from the southern
bank of the Columbia River to latitude
45°43′29″ N, longitude 120°12′12″ W,
thence to 45°43′31″ N, 120°12′06″ W,
thence to the southern shoreline located
at 45°43′26″ N, 120°12′02″ W in the
vicinity of Arlington’s waterfront on the
Columbia River in Arlington, Oregon at
river mile 243.
(b) Enforcement period. This rule will
be in effect from 8:30 p.m. to
approximately 11:30 p.m. on June 28,
2008 in the described waters of the
Columbia River in Arlington, Oregon.
(c) Regulations. In accordance with
the general regulations in Section
165.23 of this part, no person or vessel
not participating in the actual fireworks
display may enter or remain in this zone
unless authorized by the Captain of the
Port or his designated representatives.
Vessels and persons granted
authorization to enter the safety zone
shall obey all lawful orders or directions
of the Captain of the Port or his
designated representatives.
(d) Vessels wishing to request
permission to enter the safety zone may
contact the official patrol on VHF
Channel 16 or by calling 503–240–9311.
Dated: June 6, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the
Port Portland.
[FR Doc. E8–13834 Filed 6–18–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
40 CFR Part 52
I
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
CFR Correction
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
In title 40 of the Code of Federal
Regulations, part 52 (§§ 52.01 to
52.1018), revised as of July 1, 2007, on
page 250, in § 52.229, in paragraph (c),
in the first sentence, remove the word
‘‘anderfere’’ and replace it with the
words ‘‘and no analysis has been
1. The authority citation for part 165
continues to read as follows:
I
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Approval and Promulgation of
Implementation Plans
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Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
presented to show that this rescission
will not interfere’’.
[FR Doc. E8–13916 Filed 6–18–08; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 79
Registration of Fuels and Fuel
Additives
CFR Correction
In title 40 of the Code of Federal
Regulations, parts 72 to 80, revised as of
July 1, 2007, on page 604, in § 79.68,
paragraph (f)(5)(vii) is reinstated to read
as follows:
§ 79.68 Salmonella typhimurium
reverse mutation assay.
*
*
*
*
*
(f) * * *
(5) * * *
(vii) Dose-response relationship, if
applicable.
*
*
*
*
*
[FR Doc. E8–13913 Filed 6–18–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 080302357–8703–01; I.D.
030905A]
RIN 0648–AT79
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of
Offshore Structures in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: NMFS, upon application from
the Minerals Management Service
(MMS), is issuing regulations to govern
the unintentional takings of small
numbers of marine mammals incidental
to explosive severance activities at
offshore oil and gas structures in the
Gulf of Mexico (GoM). Issuance of
regulations, and Letters of Authorization
(LOAs) under those regulations,
governing the unintentional incidental
takes of marine mammals in connection
with particular activities is required by
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the Marine Mammal Protection Act
(MMPA) when the Secretary of
Commerce (Secretary), after notice and
opportunity for comment, finds, as here,
that such takes will have a negligible
impact on the affected species or stocks
of marine mammals and will not have
an unmitigable adverse impact on their
availability for taking for subsistence
uses, and if the Secretary sets forth the
permissible methods of taking and other
means of effecting the least practicable
adverse impact on affected marine
mammal species or stocks and their
habitat, and on the availability of such
species or stocks for subsistence uses.
These regulations do not authorize
offshore structure removal activities as
such authorization is not within the
jurisdiction of the Secretary. Rather,
NMFS’ regulations together with LOAs
authorize the unintentional incidental
take of marine mammals in connection
with this activity.
DATES: Effective from July 21, 2008
through July 19, 2013.
ADDRESSES: A copy of the MMS
application containing a list of the
references used in this document may
be obtained by writing to Mr. P. Michael
Payne, Chief Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver
Spring, MD 20910–3225, by telephoning
one of the contacts listed under FOR
FURTHER INFORMATION CONTACT, or at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
Documents cited in this final rule may
also be viewed, by appointment, during
regular business hours (M-F, 8 a.m. until
4:30 p.m., except Federal holidays) at
this address.A copy of MMS’
Programmatic Environmental
Assessment (PEA) is available on-line
at: https://www.gomr.mms.gov/homepg/
regulate/environ/nepa/2005-013.pdf.
Comments regarding the burden-hour
estimate or any other aspect of the
collection of information requirement
contained in this rule should be sent to
NMFS via the means stated above, and
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB),
Attention: NOAA Desk Officer,
Washington, DC 20503,
DavidlRostker@eap.omb.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hollingshead, NMFS, at 301–
713–2289, ext 128 or
Ken.Hollingshead@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
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34875
of Commerce (Secretary) to allow, upon
request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and regulations are issued.
An authorization will be granted for
periods of 5 years or less if the Secretary
finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses, and if
regulations are prescribed setting forth
the permissible methods of taking and
other means of effecting the least
practicable adverse impact (i.e.,
mitigation) the requirements pertaining
to the monitoring and reporting of such
taking.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Summary of Request
On February 28, 2005, NMFS received
an application from MMS (MMS, 2005a)
requesting, on behalf of the offshore oil
and gas industry, authorization under
section 101(a)(5)(A) of the MMPA to
take marine mammals by harassment
incidental to explosive severance
activities at offshore oil and gas
structures in the GoM outer continental
shelf (OCS). Except for certain
categories of activities not pertinent
here, the MMPA, 16 USC 1362(18)(A),
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Description of the Activity
During exploration, development, and
production operations for mineral
extraction in the GoM OCS, the seafloor
around activity areas becomes the
repository of temporary and permanent
equipment and structures. In
compliance with OCS Lands Act
(OCSLA) regulations and MMS
guidelines, operators are required to
remove or ‘‘decommission’’ seafloor
obstructions from their leases within
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Agencies
[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34874-34875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13916]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
Approval and Promulgation of Implementation Plans
CFR Correction
In title 40 of the Code of Federal Regulations, part 52 (Sec. Sec.
52.01 to 52.1018), revised as of July 1, 2007, on page 250, in Sec.
52.229, in paragraph (c), in the first sentence, remove the word
``anderfere'' and replace it with the words ``and no analysis has been
[[Page 34875]]
presented to show that this rescission will not interfere''.
[FR Doc. E8-13916 Filed 6-18-08; 8:45 am]
BILLING CODE 1505-01-D