Safety Zones: Central Massachusetts August Swim Events, 38951-38954 [E8-15388]
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
will be open to the public and, if
possible, we will post notices of
meetings at the locations listed under
ADDRESSES. We will make a written
summary of each meeting a part of the
Administrative Record.
IV. Procedural Determinations
Executive Order 12630—Takings
This rule does not have takings
implications. This determination is
based on an analysis of the State
submission.
Executive Order 12866—Regulatory
Planning and Review
This rule is exempt from review by
the Office of Management and Budget
under Executive Order 12866.
Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that this rule meets the
applicable standards of subsections (a)
and (b) of that section. However, these
standards are not applicable to the
actual language of State regulatory
programs and program amendments
because each program is drafted and
promulgated by a specific State, not by
OSM. Under sections 503 and 505 of
SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory
programs and program amendments
submitted by the States must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR Parts 730, 731, and 732 have
been met.
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Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
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Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federally
recognized Indian tribes and have
determined that the rule does not have
substantial direct effects 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.
The basis for this determination is that
our decision is on a State regulatory
program and does not involve a Federal
regulation involving Indian lands.
Executive Order 13211—Regulations
that Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
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38951
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the
analysis performed under various laws
and executive orders for the counterpart
Federal regulations.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the analysis performed under various
laws and executive orders for the
counterpart Federal regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface
mining, Underground mining.
Dated: June 9, 2008.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. E8–15438 Filed 7–7–08; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0422]
RIN 1625–AA00
Safety Zones: Central Massachusetts
August Swim Events
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing safety zones for two
swimming events in the Captain of the
Port Boston zone. This rule is intended
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
to restrict vessels from entering portions
of the involved waterways during the
respective events. The safety zones are
necessary to protect participants and
vessels from the hazards associated with
a swim event.
DATES: Comments and related material
must reach the Coast Guard on or before
August 7, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0422 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Chief Petty Officer Eldridge
McFadden at 617–223–3000. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0422),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
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so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0422) in the
Search box, and click ‘‘Go >>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or U.S. Coast
Guard, Sector Boston, 427 Commercial
St, Boston, MA 02109 between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Temporary safety zones are necessary
to ensure the safety of vessels,
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participants, and spectators at
swimming events. Swim events pose a
significant risk to the public because of
the combination of numerous
swimmers, high-speed vessels, and
potentially congested waterways. A
safety zone will reduce the risk to the
public by separating swimmers from
vessel traffic.
Discussion of Proposed Rule
The safety zones established are
necessary to ensure the safety of vessels
and people during events in the Captain
of the Port Boston area of responsibility,
which may pose a hazard to the public.
The safety zones described in
subparagraph (a) for this regulation will
be enforced only immediately before
and during the event. The Captain of the
Port Boston will inform the public by all
appropriate means including Broadcast
Notice to Mariners, Local Notice to
Mariners, and on-scene Coast Guard or
Coast Guard Auxiliary units.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Assessment is
unnecessary.
The Coast Guard’s implementation of
these safety zones will be of short
duration and designed to minimize the
impact on navigable waters. These
safety zones will only be enforced
immediately before and during the time
the swimmers are in the water.
Furthermore, these safety zones have
been designed to allow vessels to transit
unrestricted to portions of the waterway
not affected by the safety zone. The
Coast Guard expects insignificant
adverse impact to mariners from the
activation of this safety zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor in the areas designated as
safety zones in subparagraphs (a) during
the date and time the safety zones are
being enforced. These safety zones
would not have a significant economic
impact on a substantial number of small
entities for the following reasons: The
safety zones in this proposed rule would
be in effect for short periods, and will
not preclude vessels from transit outside
the zones.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Chief Petty
Officer Eldridge McFadden at 617–223–
3000. The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
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Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
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compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
38953
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
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Protection of Children
Environment
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
We have analyzed this proposed 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 made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
environmental analysis checklist
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
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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 proposes to
amend 33 CFR part 165 as follows:
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Proposed Rules
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.
Chapter 701, 3306, 3703; 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.
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2. Add temporary § 165.T01–0422 to
read as follows: § 165.T01–0422 Safety
Zones: Central Massachusetts August
Swim Events.
(a) Location. The following swim
events include safety zones as described
herein:
(1) Plymouth Rock Triathlon,
Plymouth Inner Harbor, Plymouth, MA
(i) All waters of Plymouth Inner
Harbor, from surface to bottom.
(ii) Effective Date. This rule will be
enforced from 7:30 a.m. through 12:30
p.m. on August 31, 2008.
(2) 30th Annual Celebrate the Clean
Harbor Swim, Gloucester Harbor,
Gloucester, MA
(i) All waters of Gloucester Harbor,
from surface to bottom, within the zone
marked by two buoys west of Niles
Beach.
(ii) Effective Date. This rule will be
enforced from 8:30 a.m. through 12:30
p.m. on August 16, 2008, with a rain
date of August 17, 2008 at the same
times.
(b) Definition: As used in this section,
designated representative means any
Coast Guard commissioned, warrant, or
petty officer, or any federal, state, or
local law enforcement officer authorized
to enforce this regulation on behalf of
the Coat Guard Captain of the Port
(COTP).
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into or remaining in
the safety zones described in paragraph
(a) of this section is prohibited unless
authorized by the Coast Guard Captain
of the Port (COTP), Boston, or the
COTP’s designated representative.
(2) Persons desiring to transit within
the safety zones established in this
section may contact the Captain of the
Port at telephone number 617–223–3008
or via on-scene patrol personnel on VHF
channel 16 to seek permission to do so.
If permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
his or her designated representative.
Dated: June 24, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. E8–15388 Filed 7–7–08; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
Negotiated Rulemaking Advisory
Committee for Off-Road Vehicle
Management for Cape Hatteras
National Seashore
National Park Service (NPS),
Interior.
ACTION: Notice of Sixth, Seventh, Eighth
and Ninth Meetings.
AGENCY:
SUMMARY: Notice is hereby given, in
accordance with the Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770, 5 U.S.C. App 1, section 10), of the
sixth, seventh, eighth and ninth
meetings of the Negotiated Rulemaking
Advisory Committee for Off-Road
Vehicle Management at Cape Hatteras
National Seashore. (See DATES section.)
DATES: The Committee will hold its
sixth meeting on September 8–9, 2008,
from 8:30 a.m. to 5:30 p.m. on
September 8, and from 8:30 a.m. to 4
p.m. on September 9. The meetings on
both days will be held at the Avon Fire
Hall, 40159 Harbor Drive, Avon, North
Carolina 27915. The Committee will
hold its seventh meeting on October 22–
23, 2008, from 8:30 a.m. to 5:30 p.m. on
October 22, and from 8:30 a.m. to 4 p.m.
on October 23. The meetings on both
days will be held at the Hatteras Village
Civic Center, 56658 Highway 12,
Hatteras, NC 27943. The Committee will
hold its eighth meeting on November
14–15, 2008, from 8:30 a.m. to 5:30 p.m.
on November 14, and from 8:30 a.m. to
4 p.m. on November 15. The meetings
on both days will be held at the Clarion
Hotel, 1601 South Virginia Dare Trail,
Kill Devil Hills, NC 27948. The
Committee will hold its ninth meeting
on December 11–12, 2008, from 8:30
a.m. to 5:30 p.m. on December 11, and
from 8:30 a.m. to 4 p.m. on December
12. The meetings on both days will be
held at the Avon Fire Hall, 40159
Harbor Drive, Avon, North Carolina
27915.
These, and any subsequent meetings,
will be held for the following reason: To
work with the National Park Service to
assist in potentially developing special
regulations for ORV management at
Cape Hatteras National Seashore.
The proposed agenda for the sixth,
seventh, eighth and ninth meetings of
the Committee may contain the
following items: Approval of Meeting
Summary from Last Meeting,
Subcommittee and Members’ Updates
since Last Meeting, Alternatives
Discussions, NEPA Update, and Public
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Comment. However, the Committee may
modify its agenda during the course of
its work. The meetings are open to the
public. Interested persons may provide
brief oral/written comments to the
Committee during the public comment
period of the meetings each day before
the lunch break or file written
comments with the Park
Superintendent.
FOR FURTHER INFORMATION CONTACT:
Mike Murray, Superintendent, Cape
Hatteras National Seashore, 1401
National Park Drive, Manteo, North
Carolina 27954, (252) 473–2111, ext.
148.
SUPPLEMENTARY INFORMATION: The
Committee’s function is to assist
directly in the development of special
regulations for management of off-road
vehicles (ORVs) at Cape Hatteras
National Seashore (Seashore). Executive
Order 11644, as amended by Executive
Order 11989, requires certain Federal
agencies to publish regulations that
provide for administrative designation
of the specific areas and trails on which
ORV use may be permitted. In response,
the NPS published a general regulation
at 36 CFR 4.10, which provides that
each park that designates routes and
areas for ORV use must do so by
promulgating a special regulation
specific to that park. It also provides
that the designation of routes and areas
shall comply with Executive Order
11644, and 36 CFR Sec. 1.5 regarding
closures. Members of the Committee
will negotiate to reach consensus on
concepts and language to be used as the
basis for a proposed special regulation,
to be published by the NPS in the
Federal Register, governing ORV use at
the Seashore. The duties of the
Committee are solely advisory.
Dated: June 9, 2008.
Michael B. Murray,
Superintendent, Cape Hatteras National
Seashore.
[FR Doc. E8–15418 Filed 7–7–08; 8:45 am]
BILLING CODE 4310–X6–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2008–0952; FRL–8687–9]
Direct Final Approval of Revised
Municipal Waste Combustor State Plan
for Designated Facilities and
Pollutants: Indiana
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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]]>Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Proposed Rules]
[Pages 38951-38954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15388]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0422]
RIN 1625-AA00
Safety Zones: Central Massachusetts August Swim Events
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing safety zones for two
swimming events in the Captain of the Port Boston zone. This rule is
intended
[[Page 38952]]
to restrict vessels from entering portions of the involved waterways
during the respective events. The safety zones are necessary to protect
participants and vessels from the hazards associated with a swim event.
DATES: Comments and related material must reach the Coast Guard on or
before August 7, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0422 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Chief Petty Officer Eldridge McFadden at 617-223-3000. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0422), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0422)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or U.S. Coast Guard, Sector Boston, 427 Commercial St,
Boston, MA 02109 between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Temporary safety zones are necessary to ensure the safety of
vessels, participants, and spectators at swimming events. Swim events
pose a significant risk to the public because of the combination of
numerous swimmers, high-speed vessels, and potentially congested
waterways. A safety zone will reduce the risk to the public by
separating swimmers from vessel traffic.
Discussion of Proposed Rule
The safety zones established are necessary to ensure the safety of
vessels and people during events in the Captain of the Port Boston area
of responsibility, which may pose a hazard to the public. The safety
zones described in subparagraph (a) for this regulation will be
enforced only immediately before and during the event. The Captain of
the Port Boston will inform the public by all appropriate means
including Broadcast Notice to Mariners, Local Notice to Mariners, and
on-scene Coast Guard or Coast Guard Auxiliary units.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Assessment is unnecessary.
The Coast Guard's implementation of these safety zones will be of
short duration and designed to minimize the impact on navigable waters.
These safety zones will only be enforced immediately before and during
the time the swimmers are in the water. Furthermore, these safety zones
have been designed to allow vessels to transit unrestricted to portions
of the waterway not affected by the safety zone. The Coast Guard
expects insignificant adverse impact to mariners from the activation of
this safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities.
[[Page 38953]]
The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the areas designated as safety zones
in subparagraphs (a) during the date and time the safety zones are
being enforced. These safety zones would not have a significant
economic impact on a substantial number of small entities for the
following reasons: The safety zones in this proposed rule would be in
effect for short periods, and will not preclude vessels from transit
outside the zones.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer Eldridge
McFadden at 617-223-3000. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
[[Page 38954]]
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. Chapter 701, 3306,
3703; 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. Add temporary Sec. 165.T01-0422 to read as follows: Sec.
165.T01-0422 Safety Zones: Central Massachusetts August Swim Events.
(a) Location. The following swim events include safety zones as
described herein:
(1) Plymouth Rock Triathlon, Plymouth Inner Harbor, Plymouth, MA
(i) All waters of Plymouth Inner Harbor, from surface to bottom.
(ii) Effective Date. This rule will be enforced from 7:30 a.m.
through 12:30 p.m. on August 31, 2008.
(2) 30th Annual Celebrate the Clean Harbor Swim, Gloucester Harbor,
Gloucester, MA
(i) All waters of Gloucester Harbor, from surface to bottom, within
the zone marked by two buoys west of Niles Beach.
(ii) Effective Date. This rule will be enforced from 8:30 a.m.
through 12:30 p.m. on August 16, 2008, with a rain date of August 17,
2008 at the same times.
(b) Definition: As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer, or any
federal, state, or local law enforcement officer authorized to enforce
this regulation on behalf of the Coat Guard Captain of the Port (COTP).
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into or remaining in the safety
zones described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port (COTP), Boston, or
the COTP's designated representative.
(2) Persons desiring to transit within the safety zones established
in this section may contact the Captain of the Port at telephone number
617-223-3008 or via on-scene patrol personnel on VHF channel 16 to seek
permission to do so. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his or
her designated representative.
Dated: June 24, 2008.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E8-15388 Filed 7-7-08; 8:45 am]
BILLING CODE 4910-15-P
