Safety Zone; Festival of Sail 2008 Ship's Parade; San Diego Harbor, San Diego, CA, 36424-36426 [E8-14512]
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jlentini on PROD1PC65 with RULES
36424
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
small business refiner’s taxable year. If
the cooperative owners’ interests vary
during the year, the cooperative small
business refiner shall determine the
owners’ ratable shares under a
consistently applied method that
reasonably takes into account the
owners’ varying interests during the
taxable year.
(2) Cooperative small business refiner
denied section 1382 deduction for
allocated portion. In computing taxable
income under section 1382, a
cooperative small business refiner must
reduce its section 179B deduction for
the taxable year by an amount equal to
the section 179B deduction allocated
under this paragraph (e) to the refiner’s
cooperative owners for the taxable year.
(3) Time and manner for making
election—(i) Time for making election.
The section 179B(e) election for a
taxable year must be made by the due
date (including extensions) for filing the
cooperative small business refiner’s
Federal income tax return for the
taxable year.
(ii) Manner of making election. The
section 179B(e) election for a taxable
year is made by attaching a statement to
the cooperative small business refiner’s
Federal income tax return for the
taxable year. The election statement
must contain the following information:
(A) The name and identification
number of the cooperative small
business refiner.
(B) The amount of the section 179B
deduction allowable to the cooperative
small business refiner for the taxable
year (determined before the application
of section 179B(e) and this paragraph
(e)).
(C) The name and identification
number of each cooperative owner to
which the cooperative small business
refiner is allocating all or some of the
section 179B deduction.
(D) The amount of the section 179B
deduction that is allocated to each
cooperative owner listed in response to
paragraph (e)(3)(ii)(C) of this section.
(4) Irrevocable election. A section
179B(e) election for a taxable year, once
made, is irrevocable for that taxable
year.
(5) Written notice to owners. A
cooperative small business refiner that
makes a section 179B(e) election for a
taxable year must notify each
cooperative owner of the amount of the
section 179B deduction that is allocated
to that cooperative owner. This
notification must be provided in a
written notice that is mailed by the
cooperative small business refiner to its
cooperative owner before the due date
(including extensions) of the
cooperative small business refiner’s
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
Federal income tax return for the
election year. In addition, the
cooperative small business refiner must
report the amount of the cooperative
owner’s section 179B deduction on
Form 1099–PATR, ‘‘Taxable
Distributions Received From
Cooperatives,’’ issued to the cooperative
owner. If Form 1099–PATR is revised or
renumbered, the amount of the
cooperative owner’s section 179B
deduction must be reported on the
revised or renumbered form.
(f) Effective/applicability date—(1) In
general. This section applies to taxable
years ending on or after June 26, 2008.
(2) Application to taxable years
ending before June 26, 2008. A small
business refiner may apply this section
to a taxable year ending before June 26,
2008, provided that the small business
refiner applies all provisions in this
section, with the modifications
described in paragraph (f)(3) of this
section, to the taxable year.
(3) Modifications applicable to
taxable years ending before June 26,
2008. The following modifications to
the rules of this section apply to a small
business refiner that applies those rules
to a taxable year ending before June 26,
2008:
(i) Rules relating to section 179B
election. The section 179B election for
a taxable year ending before June 26,
2008 may be made under the rules
provided in Notice 2006–47, rather than
under the rules set forth in paragraph
(d) of this section.
(ii) Rules relating to section 179B(e)
election. A section 179B(e) election for
a taxable year ending before June 26,
2008 will be treated as satisfying the
requirements of paragraph (f) if the
cooperative small business refiner has
calculated its tax liability in a manner
consistent with the election and has
used any reasonable method consistent
with the principles of section 179B(e) to
inform the Internal Revenue Service that
an election has been made under section
179B(e) and to inform cooperative
owners of the amount of the section
179B deduction they have been
allocated.
(4) Expiration date. The applicability
of § 179B–1T expires on June 24, 2011.
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
I Par. 3. The authority citation for part
602 continues to read as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 4. In § 602.101, paragraph (b) is
amended by adding the following entry
I
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in numerical order to the table to read
as follows:
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
Current
OMB control
No.
CFR part or section where
identified and described
*
*
*
*
*
1.179B–1T ................................
1545–2076
*
*
*
*
*
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: June 15, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[Editorial Note: This document was received
at the Federal Register on June 23, 2008.]
[FR Doc. E8–14556 Filed 6–26–08; 8:45 am]
BILLING CODE 4830–01–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.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing 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: This rule is effective from 10
a.m. until 1 p.m. on August 20, 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–2008–0096 and are
available online at https://
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
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 the U.S.
Coast Guard Sector San Diego, 2710 N.
Harbor Drive, San Diego, CA 92101
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
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 the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 23, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Festival of Sail
2008 Ship’s Parade; San Diego Harbor,
San Diego, CA in the Federal Register
(73 FR 21880). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
jlentini on PROD1PC65 with RULES
Regulatory Planning and Review
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
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
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 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 rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may 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, 2008.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only three hours for a
period of one day. Vessel traffic can
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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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
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Fmt 4700
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36425
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
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.
jlentini on PROD1PC65 with RULES
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
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, 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
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
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 are 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, and Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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 new temporary § 165.T11–014 to
read as follows:
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transit through,
or anchoring within this zone by all
vessels is prohibited, unless authorized
by the Captain of the Port, or his
designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander. The Patrol
Commander may be contacted via VHF–
FM channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: June 10, 2008.
C. V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E8–14512 Filed 6–26–08; 8:45 am]
§ 165.T11–014 Safety Zone; Festival of Sail
2008 Ship’s Parade; San Diego Harbor, San
Diego, CA.
BILLING CODE 4910–15–P
(a) Location. The limits of the 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, 117°09.18′ W. The safety
zone will encompass 1000 yards
forward, 200 yards each side, and 500
yard aft of each vessel participating in
the parade.
(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 scheduled
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) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0180]
RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
upon certain waters of the Patapsco
River, Northwest Harbor and Inner
Harbor during the movements of the
historic sloop-of-war USS
CONSTELLATION. This action is
necessary to provide for the safety of life
on navigable waters during two tows of
the vessel in Baltimore, Maryland; one
from its berth at Baltimore’s Inner
Harbor to a berth at the South Locust
Point Marine Terminal, and the other
from the South Locust Point Marine
Terminal to its berth at Baltimore’s
Inner Harbor. This action will restrict
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Agencies
[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36424-36426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14512]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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: This rule is effective from 10 a.m. until 1 p.m. on August 20,
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-2008-0096 and are available online at https://
[[Page 36425]]
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 the U.S. Coast
Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary 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 the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 23, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Festival of Sail 2008 Ship's Parade; San
Diego Harbor, San Diego, CA in the Federal Register (73 FR 21880). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
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.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
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 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 rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may 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,
2008.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only three hours for a period of one day.
Vessel traffic can 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 36426]]
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
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, 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 are 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, and Waterways.
Words of Issuance and Proposed Regulatory Text
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. 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.
0
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 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, 117[deg]09.18' W.
The safety zone will encompass 1000 yards forward, 200 yards each side,
and 500 yard aft of each vessel participating in the parade.
(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
scheduled 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) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this zone by all vessels is prohibited, unless authorized by the
Captain of the Port, or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander. The
Patrol Commander may be contacted via VHF-FM channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: June 10, 2008.
C. V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E8-14512 Filed 6-26-08; 8:45 am]
BILLING CODE 4910-15-P