Safety Zone; 100th Anniversary Chicago to Mackinac Race Fireworks, Lake Huron, Mackinac Island, MI, 40742-40745 [E8-16170]
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Rule or options for compliance are
encouraged to contact the point of
contact listed under FOR FURTHER
INFORMATION CONTACT.
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.
dwashington3 on PRODPC61 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
procedure; and related management
system 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, based on
the Instruction, that there are no factors
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Jkt 214001
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. This event establishes a
safety zone therefore paragraph (34)(g)
of the Instruction applies.
A final environmental analysis check
list and 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, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Sault Ste.
Marie or his on-scene representative to
obtain permission to do so. The Captain
of the Port or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Sault Ste. Marie or his onscene representative.
Dated: July 2, 2008.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the
Port Sault Ste. Marie.
[FR Doc. E8–16168 Filed 7–15–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for part 165
continues to read as follows:
33 CFR Part 165
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.T09–0630 is
added as follows:
§ 165.T09–0630 Safety Zone; Mackinac
Bridge Birthday Fireworks, Lake Huron, St.
Ignace, MI.
(a) Location. The following area is a
temporary safety zone: all waters of
Lake Huron within a 500-foot radius
from the fireworks launch site with its
center in position: 45°52.25′ N,
084°43.20′ W [DATUM: NAD 83].
(b) Effective period. This regulation is
effective from 9 p.m. to 11:59 p.m. on
July 26, 2008.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Sault Ste. Marie, or
on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Sault Ste. Marie or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
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[Docket No. USCG–2008–0631]
RIN 1625–AA00
Safety Zone; 100th Anniversary
Chicago to Mackinac Race Fireworks,
Lake Huron, Mackinac Island, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Huron, Mackinac Island, MI. This
zone is intended to restrict vessels from
a portion of Lake Huron during the
100th Anniversary Chicago to Mackinac
Race Fireworks, July 22, 2008 fireworks
display. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
fireworks displays.
DATES: This rule is effective from 9 p.m.
to 11:59 p.m. on July 22, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0631 and are available online at
www.regulations.gov. They are 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 Sault
Ste. Marie, 337 Water St., Sault Ste.
Marie, MI 49783 between 8 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
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16JYR1
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
If
you have questions on this temporary
rule, call LCDR Christopher Friese,
Prevention Dept. Chief, Sector Sault Ste.
Marie, 337 Water St., Sault Ste. Marie,
MI 49783; 906–635–3220. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when an agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
permit application was not received in
time to publish a NPRM followed by a
final rule before the effective date.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event and immediate
action is necessary to prevent possible
loss of life or property.
dwashington3 on PRODPC61 with RULES
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with a fireworks display. Based on
accidents that have occurred in other
Captain of the Port zones, and the
explosive hazards of fireworks, the
Captain of the Port Sault Ste. Marie has
determined that fireworks launches
proximate to watercraft pose significant
risk to public safety and property. The
likely combination of large numbers of
recreation vessels, congested waterways,
darkness punctuated by bright flashes of
light, alcohol use, and debris falling into
the water could easily result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
around the location of the launch
platform will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
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Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the setup, loading and
launching of a fireworks display in
conjunction with the 100th Anniversary
Chicago to Mackinac Race fireworks
display. The fireworks display will
occur between 9 p.m. and 11:59 p.m. on
July 22, 2008.
The safety zone for the fireworks will
encompass all waters of Lake Huron
within a 600-foot radius from the
fireworks launch site off of Bindle Point,
with its center in position 45°50.57′ N,
084°37.54′ W [DATUM: NAD 83].
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Sector Sault Ste. Marie, or his on-scene
representative. The Captain of the Port
or his on-scene representative may be
contacted via VHF Channel 16.
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.
This determination is based on the
minimal time that vessels will be
restricted from the zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zone’s activation.
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
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40743
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 and operators of
vessels intending to transit or anchor in
a portion of Lake Huron off Mackinac
Island, Michigan between 9 p.m. and
11:59 p.m. on July 22, 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 fewer than three hours for
one event. Vessel traffic can safely pass
outside the safety zone during the event.
In the event that this temporary safety
zone affects shipping, commercial
vessels may request permission from the
Captain of the Port Sault Ste. Marie to
transit through the safety zone. The
Coast Guard will give notice to the
public via a Broadcast to Mariners that
the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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 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.
E:\FR\FM\16JYR1.SGM
16JYR1
40744
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
Unfunded Mandates Reform Act
Energy Effects
List of Subjects in 33 CFR Part 165
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 would not result in
such expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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 concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
dwashington3 on PRODPC61 with RULES
Indian Tribal Governments
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that these regulations and fishing rights
protection need not be incompatible.
We have also determined that 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Rule or options for compliance are
encourage to contact the point of contact
listed under FOR FURTHER INFORMATION
CONTACT.
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16:18 Jul 15, 2008
Jkt 214001
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
procedure; and related management
system 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, based on
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. This event establishes a
safety zone; therefore paragraph (34)(g)
of the Instruction applies.
A final environmental analysis check
list and categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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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.T09–0631 is
added as follows:
§ 165.T09–0631 Safety Zone; 100th
Anniversary Chicago to Mackinac Race
Fireworks, Lake Huron, Mackinac Island, MI.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Huron within a 600-foot radius
from the fireworks launch site with its
center in position 45°50.57′ N,
084°37.54′ W [DATUM: NAD 83].
(b) Effective period. This regulation is
effective from 9 p.m. to 11:59 p.m. on
July 22, 2008.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Sault Ste. Marie, or
on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Sault Ste. Marie or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Sault Ste.
Marie or his on-scene representative to
obtain permission to do so. The Captain
of the Port or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Sault Ste. Marie or his onscene representative.
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
Dated: July 2, 2008.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the
Port Sault Ste. Marie.
[FR Doc. E8–16170 Filed 7–15–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 19 and 20
RIN 2900–AM49
Supplemental Statement of the Case
Department of Veterans Affairs.
Final rule.
AGENCY:
dwashington3 on PRODPC61 with RULES
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) is amending its regulations
to adjust the time period for filing a
response to a Supplemental Statement
of the Case in appeals to the Board of
Veterans’ Appeals (Board) from 60 days
to 30 days. The purpose of this
adjustment is to improve efficiency in
the appeals process and reduce the time
that it takes to resolve appeals while
still providing appellants with a
reasonable period to respond to a
Supplemental Statement of the Case.
DATES: Effective Date: This rule is
effective July 16, 2008.
Applicability Date: VA will apply this
rule to appeals pending before VA after
a period of 90 days from the effective
date of this rule.
FOR FURTHER INFORMATION CONTACT:
Steven L. Keller, Senior Deputy Vice
Chairman, Board of Veterans’ Appeals
(012), Department of Veterans Affairs,
810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 565–5978.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The Board
is an administrative body within VA
that decides appeals from denials by
Agencies of Original Jurisdiction (AOJ)
of claims for veterans’ benefits, as well
as a limited class of cases of original
jurisdiction. The Board is under the
administrative control and supervision
of a Chairman who is directly
responsible to the Secretary of Veterans
Affairs. 38 U.S.C. 7101(a).
On March 26, 2007, VA published in
the Federal Register (72 FR 14056) a
Notice of Proposed Rulemaking (NPRM)
that proposed to reduce the time limit
for filing a response to a Supplemental
Statement of the Case from 60 days to
30 days. Interested persons were invited
to submit written comments on or
before May 25, 2007.
Eight comments were received, all of
which disagreed with the proposed rule
for reasons summarized below. At least
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three commenters argued that 30 days
was simply not enough time to respond
to a Supplemental Statement of the
Case. Those commenters also
questioned the purpose of the time
reduction, arguing that this action
would not serve the stated purpose of
expediting appeals adjudication. One
commenter indicated that the proposed
rule would add further confusion
regarding the various time periods
within which claimants must respond to
VA documents. Another commenter
expressed concern that the proposed
rule did not consider individuals who
have appeals pending and yet reside
outside of the United States. Two
commenters expressed concern over the
process of requesting an extension for
filing a response to a Supplemental
Statement of the Case. Finally, several
commenters provided general
suggestions for improving the VA
adjudication system.
A recurring theme among the
comments received was that 30 days
was simply not enough time to prepare
a response to a Supplemental Statement
of the Case. One commenter noted that
many veterans are represented by
veterans service organizations that are
overworked and understaffed, which
results in veterans having to wait 3 to
4 weeks just to get an appointment with
their representative. Thus, the
commenter concluded, 30 days would
be an insufficient amount of time in
which to prepare a response. The
commenter also suggested that VA was
implementing this time reduction in
hopes of receiving fewer responses to
Supplemental Statements of the Case. A
second commenter noted that if
additional medical evidence, such as a
rebuttal medical opinion, was required
to respond to evidence outlined in the
Supplemental Statement of the Case, a
30-day response period leaves little time
to obtain such evidence. Yet another
commenter remarked that Supplemental
Statements of the Case often contain
only a brief description of the evidence
added to the record, thus, requiring
claimants to request complete copies of
such evidence from the AOJ in order to
prepare a response. The commenter
argued that this process alone can take
more than 30 days.
Although VA recognizes and
appreciates the concerns expressed by
these commenters, we believe that the
30-day response time offered under the
proposed rule does in fact afford
appellants a reasonable opportunity to
meaningfully respond to a
Supplemental Statement of the Case,
and we decline to make any changes to
the response time outlined in the
proposed rule based on these comments.
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40745
As explained in the NPRM,
Supplemental Statements of the Case
are issued at a late stage in the appellate
process, often the last formal step prior
to certification of an appeal to the
Board. By that stage in the appeal
period, appellants have already had
extensive opportunity to gather
evidence, including supportive medical
opinions, for submission to the AOJ.
Unlike a Statement of the Case, which
must contain specific information about
the evidence and issues in the case, the
applicable laws and regulations, and the
reasons for each determination, a
Supplemental Statement of the Case is
not required to contain the same degree
of detail. As its name implies, a
Supplemental Statement of the Case is
a supplement to the Statement of the
Case. The purpose of this document is
to inform the appellant of any material
changes in, or additions to, the
information included in the Statement
of the Case or any prior Supplemental
Statement of the Case. 38 CFR 19.31(a).
In no case will a Supplemental
Statement of the Case be used to
announce AOJ decisions on issues that
were not previously addressed in a
Statement of the Case. 38 CFR 19.31(a).
Therefore, due to the limited purpose of
a Supplemental Statement of the Case,
less time should be needed to respond
to a Supplemental Statement of the Case
as compared to the Statement of the
Case. Significantly, a response to a
Supplemental Statement of the Case is
optional and generally is not required to
perfect an appeal. 38 CFR 20.302(c).
To the extent that certain cases
involve a degree of medical or legal
complexity so as to require additional
time to craft an appropriate response to
a Supplemental Statement of the Case,
appellants can easily request an
extension of the 30-day period for
responding to a Supplemental
Statement of the Case under the
provisions of 38 CFR 20.303. Section
20.303 provides that an extension of the
period for filing a response to a
Supplemental Statement of the Case
may be granted for good cause.
Although good cause is not specifically
defined by that regulation, it seems
logical that a request for an extension on
the basis that additional medical
evidence was being sought would
indeed be good cause for such an
extension. Moreover, in response to one
commenter’s concern that the extension
request may not be granted, the rule
provides that a denial of a request for
extension is appealable to the Board. 38
CFR 20.303.
We will, however, make one minor
revision to the extension provisions of
38 CFR 20.303 to ensure that they have
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]]>Agencies
[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40742-40745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16170]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0631]
RIN 1625-AA00
Safety Zone; 100th Anniversary Chicago to Mackinac Race
Fireworks, Lake Huron, Mackinac Island, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Huron, Mackinac Island, MI. This zone is intended to restrict
vessels from a portion of Lake Huron during the 100th Anniversary
Chicago to Mackinac Race Fireworks, July 22, 2008 fireworks display.
This temporary safety zone is necessary to protect spectators and
vessels from the hazards associated with fireworks displays.
DATES: This rule is effective from 9 p.m. to 11:59 p.m. on July 22,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0631 and are available online
at www.regulations.gov. They are 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 Sault Ste. Marie, 337 Water St., Sault Ste. Marie,
MI 49783 between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
[[Page 40743]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LCDR Christopher Friese, Prevention Dept. Chief,
Sector Sault Ste. Marie, 337 Water St., Sault Ste. Marie, MI 49783;
906-635-3220. If you have questions on viewing the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the permit application was not
received in time to publish a NPRM followed by a final rule before the
effective date.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Sault Ste. Marie has determined that fireworks launches proximate
to watercraft pose significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the 100th Anniversary Chicago to
Mackinac Race fireworks display. The fireworks display will occur
between 9 p.m. and 11:59 p.m. on July 22, 2008.
The safety zone for the fireworks will encompass all waters of Lake
Huron within a 600-foot radius from the fireworks launch site off of
Bindle Point, with its center in position 45[deg]50.57' N,
084[deg]37.54' W [DATUM: NAD 83].
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Sector
Sault Ste. Marie, or his on-scene representative. The Captain of the
Port or his on-scene representative may be contacted via VHF Channel
16.
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.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.
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 and operators of vessels intending to
transit or anchor in a portion of Lake Huron off Mackinac Island,
Michigan between 9 p.m. and 11:59 p.m. on July 22, 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 fewer than three hours for one event. Vessel
traffic can safely pass outside the safety zone during the event. In
the event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Sault Ste.
Marie to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast to Mariners that the regulation is
in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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 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.
[[Page 40744]]
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 would not result in such 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this Rule or options
for compliance are encourage to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
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 procedure; and related management
system 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,
based on 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. This event establishes a safety zone;
therefore paragraph (34)(g) of the Instruction applies.
A final environmental analysis check list and 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, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 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.T09-0631 is added as follows:
Sec. 165.T09-0631 Safety Zone; 100th Anniversary Chicago to Mackinac
Race Fireworks, Lake Huron, Mackinac Island, MI.
(a) Location. The following area is a temporary safety zone: All
waters of Lake Huron within a 600-foot radius from the fireworks launch
site with its center in position 45[deg]50.57' N, 084[deg]37.54' W
[DATUM: NAD 83].
(b) Effective period. This regulation is effective from 9 p.m. to
11:59 p.m. on July 22, 2008.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Sault Ste. Marie, or on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Sault Ste. Marie or his on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Sault Ste. Marie or his on-
scene representative to obtain permission to do so. The Captain of the
Port or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Sault Ste. Marie or his on-scene representative.
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Dated: July 2, 2008.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of the Port Sault Ste. Marie.
[FR Doc. E8-16170 Filed 7-15-08; 8:45 am]
BILLING CODE 4910-15-P
