Security Zone; Thea Foss Waterway, Tacoma, WA, 38120-38122 [E8-15207]
Download as PDF
<![CDATA[
38120
Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations
1. The authority citation for part 4003
continues to read as follows:
I
Authority: 29 U.S.C. 1302(b)(3).
§ 4003.1
§ 4003.58
[Amended]
[Amended]
3. In § 4003.2:
a. The definition of Appeals Board is
amended by removing the word
‘‘Executive’’.
I b. The definition of Director is
amended by removing the word
‘‘Executive’’ each place it appears in the
definition.
I
I
§ 4003.4
[Amended]
4. In § 4003.4, paragraph (b)
introductory text is amended by
removing the word ‘‘Executive’’.
I
§ 4003.33
[Amended]
5. Section 4003.33 is amended by
removing the word ‘‘Executive’’.
I
§ 4003.35
[Amended]
6. In § 4033.35, paragraph (a)(2) is
amended by removing the word
‘‘Executive’’ each place it appears in the
paragraph.
I
§ 4003.53
[Amended]
7. Section 4003.53 is amended by
removing the words ‘‘Appeals Board,
Pension Benefit Guaranty Corporation,
1200 K Street, NW., Washington, DC
2005–4026’’ and adding in their place
the words ‘‘Appeals Board’’.
I 8. In § 4003.54, paragraphs (a)(3) and
(a)(4) are revised to read as follows:
I
jlentini on PROD1PC65 with RULES
§ 4003.54
Contents of appeal.
(a) * * *
*
*
*
*
*
(3) Specifically explain why PBGC’s
determination is wrong and the result
the appellant is seeking;
(4) Describe the relevant information
the appellant believes is known by
PBGC, and summarize any other
information the appellant believes is
relevant. It is important to include
copies of any documentation that
support the appellant’s claim or the
appellant’s assertions about this
information;
*
*
*
*
*
VerDate Aug<31>2005
16:15 Jul 02, 2008
Powers of the Appeals Board.
*
2. In § 4003.1:
a. Paragraph (b)(6) is amended by
removing the words ‘‘or section
4022A(a)’’.
I b. Paragraph (b)(7) is amended by
removing the words ‘‘(c), section
4022A(b) through (e), or’’ and adding in
their place the words ‘‘(c) or’’.
I
I
§ 4003.2
9. In § 4003.58:
I a. The existing text of the section is
redesignated as paragraph (a).
I b. A new paragraph (b) is added to
read as follows:
I
PART 4003—RULES FOR
ADMINISTRATIVE REVIEW OF
AGENCY DECISIONS
Jkt 214001
Issued in Washington, DC, this 29th day of
April, 2008.
Elaine L. Chao,
Chairman, Board of Directors, Pension Benefit
Guaranty Corporation.
Issued on the date set forth above pursuant
to a resolution of the Board of Directors
authorizing its Chairman to issue this final
rule.
*
*
*
*
(b) The Appeals Board may refer
certain appeals to another PBGC
department or to Appeals Board staff to
provide a response to the appellant. The
response from another PBGC
department or Board staff shall be in
writing and address the matters raised
in the appeal. The response may be in
the form of an explanation or corrected
benefit determination. In either case, the
appellant will have 45 calendar-days
from the date of the response to file a
written request for review by the
Appeals Board. If a written request for
review is not filed with the Appeals
Board within the 45-calendar-day
period the determination shall become
effective pursuant to § 4003.22(a).
(1) Appeals that may be referred to
another PBGC department or to the
Board staff include those that—
(i) Request an explanation of the
initial determination being appealed;
(ii) Dispute specific data used in the
determination, such as date of hire, date
of retirement, date of termination of
employment, length of service,
compensation, marital status and form
of benefit elected; or
(iii) Request an explanation of the
limits on benefits payable by PBGC
under Part 4022, Subpart B, such as the
maximum guaranteeable benefit and
phase-in of the PBGC guarantee.
(2) An explanation or corrected
benefit determination issued under this
subsection is not considered a decision
of the Appeals Board. If an appellant
aggrieved by PBGC’s initial
determination is issued an explanation
or corrected benefit determination
under this section, the appellant has not
exhausted his or her administrative
remedies until the appellant has filed a
timely request with the Appeals Board
for review and the Appeals Board has
issued a decision granting or denying
the relief requested. See § 4003.7 of this
part.
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0539 and are available for inspection or
copying at USCG Sector Seattle,
Waterways Management Division
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning this rule,
call Ensign Heidi A. Bevis, Waterways
Management Division, U.S. Coast Guard
Sector Seattle, at 206–217–6147.
SUPPLEMENTARY INFORMATION:
10. In § 4003.60:
a. The section heading is amended by
removing the word ‘‘Executive’’.
I b. The text of the section is amended
by removing the word ‘‘Executive’’ each
place it appears.
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
I
I
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Judith R. Starr,
Secretary, Board of Directors, Pension Benefit
Guaranty Corporation.
[FR Doc. E8–15196 Filed 7–2–08; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0539]
RIN 1625–AA00
Security Zone; Thea Foss Waterway,
Tacoma, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The U.S. Coast Guard is
establishing a temporary security zone
in the Thea Foss Waterway, Tacoma,
Washington during a reception at the
Museum of Glass. This security zone is
necessary to ensure the safety of
dignitaries while attending the
reception. Entry into, transit through,
mooring, or anchoring within this zone
is prohibited unless authorized by the
Captain of the Port, Puget Sound or his
designated representatives.
DATES: This rule is effective from 6 p.m.
(PDT) to 11:59 p.m. (PDT) on July 3,
2008.
ADDRESSES:
E:\FR\FM\03JYR1.SGM
03JYR1
Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations
a NPRM would be contrary to public
interest since immediate action is
necessary to ensure the safety of the
dignitaries that will be at the Museum
of Glass on the date and times this rule
will be in effect. If normal notice and
comment procedures were followed,
this rule would not become effective
until after the date of the event.
Under 5 U.S.C. 553(d)(3), the U.S.
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Making this rule effective less
than 30 days after publication is
necessary to ensure the safety of the
dignitaries that will be at the Museum
of Glass on the date and times this rule
will be in effect.
Background and Purpose
The U.S. Coast Guard is establishing
a temporary security zone in the Thea
Foss Waterway, Tacoma, Washington to
provide for the safety of visiting
dignitaries while attending a reception
at the Museum of Glass. The reception
is one of many events planned in the
Puget Sound during the annual ASTA
Pacific Tall Ships Challenge and the
Tacoma Tall Ships 2008 Event. The U.S.
Coast Guard is establishing this zone to
ensure that no unauthorized vessels or
persons enter into the security zone.
The security zone is needed to protect
the dignitaries from any waterborne
threats.
jlentini on PROD1PC65 with RULES
Discussion of Rule
This rule will control the movement
of all vessels and persons in a security
zone that includes all waters within a
line connecting the following points
47°14.80 N, 122°26.00 W; 47°14.80 N,
122°25.97 W; 47°14.60 N, 122°25.92 W;
and 47°14.6 N, 122°25.95 W. The
security zone does not extend on land.
The U.S. Coast Guard through this
action intends to promote the security of
personnel while attending the reception
at the Museum of Glass, which is
located on the waterfront of the Thea
Foss Waterway, Tacoma, WA. Entry into
this zone by all vessels or persons will
be prohibited unless authorized by the
Captain of the Port. This security zone
will be enforced by U.S. Coast Guard
personnel. The Captain of the Port may
be assisted by other federal, state, or
local agencies as needed.
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
VerDate Aug<31>2005
16:15 Jul 02, 2008
Jkt 214001
38121
Budget has not reviewed it under that
Order. This rule will be in effect for less
than 6 hours and vessel traffic can pass
safely around the security zone.
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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 U.S. 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 security 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 less than 6 hours and vessel
traffic can pass safely around the
security zone. Before the effective
period, we will issue maritime
advisories widely available throughout
the Puget Sound.
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.
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
E:\FR\FM\03JYR1.SGM
03JYR1
38122
Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations
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.
(c) Enforcement period. This rule is
effective from 6 p.m. (PDT) to 11:59
p.m. (PDT) on July 3, 2008. If the need
for the security zone ends before the
scheduled termination time, the Captain
of the Port will cease enforcement of
this section and will announce that fact
via Broadcast Notice to Mariners.
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 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.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule because it
concerns an emergency situation of less
than 1 week in duration.
Dated: June 20, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. E8–15207 Filed 7–2–08; 8:45 am]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I 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:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapters 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
2. From 6 p.m. (PDT) to 11:59 p.m.
(PDT) on July 3, 2008, a temporary
§ 165.T13–041 is added to read as
follows:
I
jlentini on PROD1PC65 with RULES
§ 165.T13–041 Security Zone: Thea Foss
Waterway, Tacoma, Washington.
(a) Location. The following area is a
security zone: All waters within a line
connecting the following points
47°14.80 N, 122°26.00 W; 47°14.80 N,
122°25.97 W; 47°14.60 N, 122°25.92 W;
and 47°14.6 N, 122°25.95 W.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no vessel may enter,
transit, moor, or anchor within the
security zone described in paragraph (a)
of this section, except for vessels
authorized by the Captain of the Port or
his designated representatives.
VerDate Aug<31>2005
16:15 Jul 02, 2008
Jkt 214001
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0337; FRL–8565–2]
Revisions to the California State
Implementation Plan, South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the South
Coast Air Quality Management District
(SCAQMD) portion of the California
State Implementation Plan (SIP). These
revisions concern oxides of nitrogen
(NOX) and oxides of sulfur (SOX)
emissions from facilities emitting 4 tons
or more per year of NOX or SOX in the
year 1990 or any subsequent year under
the SCAQMD’s Regional Clean Air
Incentives Market (RECLAIM) program.
We are approving local rules that
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: This rule is effective on
September 2, 2008 without further
notice, unless EPA receives adverse
comments by August 4, 2008. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2008–0337, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
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: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lily
Wong, EPA Region IX, (415) 947–4114,
wong.lily@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the SCAQMD and submitted
by the California Air Resources Board
(CARB).
E:\FR\FM\03JYR1.SGM
03JYR1
]]>Agencies
[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Rules and Regulations]
[Pages 38120-38122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15207]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0539]
RIN 1625-AA00
Security Zone; Thea Foss Waterway, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Coast Guard is establishing a temporary security zone
in the Thea Foss Waterway, Tacoma, Washington during a reception at the
Museum of Glass. This security zone is necessary to ensure the safety
of dignitaries while attending the reception. Entry into, transit
through, mooring, or anchoring within this zone is prohibited unless
authorized by the Captain of the Port, Puget Sound or his designated
representatives.
DATES: This rule is effective from 6 p.m. (PDT) to 11:59 p.m. (PDT) on
July 3, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0539 and are available for
inspection or copying at USCG Sector Seattle, Waterways Management
Division between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
rule, call Ensign Heidi A. Bevis, Waterways Management Division, U.S.
Coast Guard Sector Seattle, at 206-217-6147.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing
[[Page 38121]]
a NPRM would be contrary to public interest since immediate action is
necessary to ensure the safety of the dignitaries that will be at the
Museum of Glass on the date and times this rule will be in effect. If
normal notice and comment procedures were followed, this rule would not
become effective until after the date of the event.
Under 5 U.S.C. 553(d)(3), the U.S. Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Making this rule effective less
than 30 days after publication is necessary to ensure the safety of the
dignitaries that will be at the Museum of Glass on the date and times
this rule will be in effect.
Background and Purpose
The U.S. Coast Guard is establishing a temporary security zone in
the Thea Foss Waterway, Tacoma, Washington to provide for the safety of
visiting dignitaries while attending a reception at the Museum of
Glass. The reception is one of many events planned in the Puget Sound
during the annual ASTA Pacific Tall Ships Challenge and the Tacoma Tall
Ships 2008 Event. The U.S. Coast Guard is establishing this zone to
ensure that no unauthorized vessels or persons enter into the security
zone. The security zone is needed to protect the dignitaries from any
waterborne threats.
Discussion of Rule
This rule will control the movement of all vessels and persons in a
security zone that includes all waters within a line connecting the
following points 47[deg]14.80 N, 122[deg]26.00 W; 47[deg]14.80 N,
122[deg]25.97 W; 47[deg]14.60 N, 122[deg]25.92 W; and 47[deg]14.6 N,
122[deg]25.95 W. The security zone does not extend on land.
The U.S. Coast Guard through this action intends to promote the
security of personnel while attending the reception at the Museum of
Glass, which is located on the waterfront of the Thea Foss Waterway,
Tacoma, WA. Entry into this zone by all vessels or persons will be
prohibited unless authorized by the Captain of the Port. This security
zone will be enforced by U.S. Coast Guard personnel. The Captain of the
Port may be assisted by other federal, state, or local agencies as
needed.
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. This rule will be in effect for less than
6 hours and vessel traffic can pass safely around the security zone.
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 U.S. 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 security 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 less than 6 hours and vessel traffic can
pass safely around the security zone. Before the effective period, we
will issue maritime advisories widely available throughout the Puget
Sound.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling
[[Page 38122]]
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
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. Under
figure 2-1, paragraph (34)(g), of the Instruction, an ``Environmental
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule because it concerns an emergency situation
of less than 1 week in duration.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. Chapters 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. From 6 p.m. (PDT) to 11:59 p.m. (PDT) on July 3, 2008, a temporary
Sec. 165.T13-041 is added to read as follows:
Sec. 165.T13-041 Security Zone: Thea Foss Waterway, Tacoma,
Washington.
(a) Location. The following area is a security zone: All waters
within a line connecting the following points 47[deg]14.80 N,
122[deg]26.00 W; 47[deg]14.80 N, 122[deg]25.97 W; 47[deg]14.60 N,
122[deg]25.92 W; and 47[deg]14.6 N, 122[deg]25.95 W.
(b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor
within the security zone described in paragraph (a) of this section,
except for vessels authorized by the Captain of the Port or his
designated representatives.
(c) Enforcement period. This rule is effective from 6 p.m. (PDT) to
11:59 p.m. (PDT) on July 3, 2008. If the need for the security zone
ends before the scheduled termination time, the Captain of the Port
will cease enforcement of this section and will announce that fact via
Broadcast Notice to Mariners.
Dated: June 20, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E8-15207 Filed 7-2-08; 8:45 am]
BILLING CODE 4910-15-P
