Safety Zone; Maine; Sector Northern New England August Swim Events., 43868-43871 [E8-17292]
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Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Rules and Regulations
of this section and utility rates used for
the Agency estimate must be no older
than the rates in place 60 days prior to
the beginning of the 90-day period
under paragraph (c)(1) of this section. In
the case of newly constructed or
renovated buildings with less than 12
months of consumption data, the
Agency (or an agent or other private
contractor of the Agency that is a
qualified professional within the
meaning of paragraph (b)(4)(ii)(E) of this
section) may use consumption data for
the 12-month period of units of similar
size and construction in the geographic
area in which the building containing
the units is located.
(D) HUD Utility Schedule Model. A
building owner may calculate a utility
estimate using the ‘‘HUD Utility
Schedule Model’’ that can be found on
the Low-Income Housing Tax Credits
page at https://www.huduser.org/
datasets/lihtc.html (or successor URL).
Utility rates used for the HUD Utility
Schedule Model must be no older than
the rates in place 60 days prior to the
beginning of the 90-day period under
paragraph (c)(1) of this section.
(E) Energy consumption model. A
building owner may calculate utility
estimates using an energy and water and
sewage consumption and analysis
model (energy consumption model).
The energy consumption model must, at
a minimum, take into account specific
factors including, but not limited to,
unit size, building orientation, design
and materials, mechanical systems,
appliances, and characteristics of the
building location. The utility
consumption estimates must be
calculated by either a properly licensed
engineer or a qualified professional
approved by the Agency that has
jurisdiction over the building (together,
qualified professional), and the
qualified professional and the building
owner must not be related within the
meaning of section 267(b) or 707(b). Use
of the energy consumption model is
limited to the building’s consumption
data for the twelve-month period ending
no earlier than 60 days prior to the
beginning of the 90-day period under
paragraph (c)(1) of this section, and
utility rates used for the energy
consumption model must be no older
than the rates in place 60 days prior to
the beginning of the 90-day period
under paragraph (c)(1) of this section. In
the case of newly constructed or
renovated buildings with less than 12
months of consumption data, the
qualified professional may use
consumption data for the 12-month
period of units of similar size and
construction in the geographic area in
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which the building containing the units
is located.
(c) Changes in applicable utility
allowance—(1) In general. If, at any time
during the building’s extended use
period (as defined in section
42(h)(6)(D)), the applicable utility
allowance for units changes, the new
utility allowance must be used to
compute gross rents of the units due 90
days after the change (the 90-day
period). For example, if rent must be
lowered because a local utility company
estimate is obtained that shows a higher
utility cost than the otherwise
applicable PHA utility allowance, the
lower rent must be in effect for rent due
at the end of the 90-day period. A
building owner using a utility company
estimate under paragraph (b)(4)(ii)(B) of
this section, the HUD Utility Schedule
Model under paragraph (b)(4)(ii)(D) of
this section, or an energy consumption
model under paragraph (b)(4)(ii)(E) of
this section must submit copies of the
utility estimates to the Agency that has
jurisdiction over the building and make
the estimates available to all tenants in
the building at the beginning of the 90day period before the utility allowances
can be used in determining the gross
rent of rent-restricted units. An Agency
may require additional information from
the owner during the 90-day period.
Any utility estimates obtained under the
Agency estimate under paragraph
(b)(4)(ii)(C) of this section must also be
made available to all tenants in the
building at the beginning of the 90-day
period. The building owner must pay
for all costs incurred in obtaining the
estimates under paragraphs (b)(4)(ii)(B),
(C), (D), and (E) of this section and
providing the estimates to the Agency
and the tenants. The building owner is
not required to review the utility
allowances, or implement new utility
allowances, until the building has
achieved 90 percent occupancy for a
period of 90 consecutive days or the end
of the first year of the credit period,
whichever is earlier.
(2) Annual review. A building owner
must review at least once during each
calendar year the basis on which utility
allowances have been established and
must update the applicable utility
allowance in accordance with paragraph
(c)(1) of this section. The review must
take into account any changes to the
building such as any energy
conservation measures that affect energy
consumption and changes in utility
rates.
(d) Record retention. The building
owner must retain any utility
consumption estimates and supporting
data as part of the taxpayer’s records for
purposes of § 1.6001–1(a).
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I Par. 3. Section 1.42–12 is amended by
adding paragraph (a)(4) to read as
follows:
§ 1.42–12
rules.
Effective dates and transitional
(a) * * *
(4) Utility allowances. The first
sentence in § 1.42–10(a), § 1.42–10(b)(1),
(2), (3), and (4), the last two sentences
in § 1.42–10(b)(4)(ii)(A), the third,
fourth, and fifth sentences in § 1.42–
10(b)(4)(ii)(B), § 1.42–10(b)(4)(ii)(C), (D),
and (E), and § 1.42–10(c) and (d) are
applicable to a building owner’s taxable
years beginning on or after July 29,
2008. Taxpayers may rely on these
provisions before the beginning of the
building owner’s taxable year beginning
on or after July 29, 2008 provided that
any utility allowances calculated under
these provisions are effective no earlier
than the first day of the building
owner’s taxable year beginning on or
after July 29, 2008. The utility
allowances provisions that apply to
taxable years beginning before July 29,
2008 are contained in § 1.42–10 (see 26
CFR part 1 revised as of April 1, 2008).
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: July 20, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–17268 Filed 7–28–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0695]
RIN 1625–AA00
Safety Zone; Maine; Sector Northern
New England August Swim Events.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary safety zones
during the month of August around the
‘‘Sprucewold Cabbage Island Swim,’’
‘‘Tri for a Cure Triathlon,’’ ‘‘Greater
Burlington YMCA Lake Swim,’’ ‘‘Y-Tri
Triathlon,’’ and ‘‘Rockland Breakwater
Swim’’ marine events while the events
are in progress. These safety zones are
needed to protect swimmers, event
sponsors’ safety vessels, and others in
the maritime community from the safety
hazards that may arise from events of
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this type. Entry into these safety zones
is prohibited unless authorized by the
Captain of the Port Sector Northern New
England.
DATES: This rule is effective from
August 9 through August 23, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0695 and are available online at
www.regulations.gov. They are also
available for inspection or copying 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 at U.S. Coast Guard Sector Northern
New England, 259 High Street, South
Portland, ME 04106 between the hours
of 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call LT Jarrett Bleacher, U.S. Coast
Guard Sector Northern New England,
Waterways Management Division, at
(207) 741–5421. 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 the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 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. The logistics of
these events were not provided to the
Coast Guard with sufficient time to
publish a NPRM and still ensure that
this temporary final rule would be
effective by August 9, 2008, the start of
the events. These safety zones are
needed to protect the event participants
and maritime public by ensuring that
large numbers of swimmers remain
separate and safe from vessel traffic.
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. Immediately implementing
this rule promotes the public interest by
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protecting the maritime public and
participants.
Background and Purpose
The ‘‘Greater Burlington YMCA Lake
Swim,’’ ‘‘Tri for a Cure,’’ ‘‘Y-Tri
Triathlon Swim,’’ ‘‘Sprucewold Cabbage
Island Swim,’’ and ‘‘Rockland
Breakwater Swim’’ are annual marine
swimming events held in the month of
August. This rule creates safety zones
from 8 a.m. to 6 p.m. EDT on August 9,
2008 for 33 CFR 165.T01–0695(a)
(‘‘Greater Burlington YMCA Lake
Swim’’), 7:30 a.m. to 9:30 a.m. EDT on
August 9, 2008 for 33 CFR 165.T01–
0695(b) (‘‘Tri for a Cure’’), 9 a.m. to 10
a.m. EDT on August 9, 2008 for 33 CFR
165.T01–0695(c) (‘‘Y-Tri Triathlon’’), 3
p.m. to 4 p.m. EDT on August 9, 2008
for 33 CFR 165.T01–0695(d)
(‘‘Sprucewold Cabbage Island Swim’’),
and 10 a.m. to 12 p.m. on August 23,
2008 for 33 CFR 165.T01–0695(e)
(‘‘Rockland Breakwater Swim’’).
Discussion of Rule
This rule establishes fixed safety
zones for each of these events in the
locations and at the times listed in the
regulatory text. During the effective
period of the safety zones, vessel traffic
will be prohibited from entering the
affected locations during the marine
events, unless specifically authorized by
the Captain of the Port Sector Northern
New England. These safety zones are
needed to safeguard the maritime public
and the participants from the hazards
associated with this type of large scale
swimming event.
The Captain of the Port anticipates
negligible negative impact on vessel
traffic from these temporary safety zones
as they will be in effect only for a short
duration. The zones are not expected to
affect commercial vessels transiting in
or out of the port. The zones around the
events will only be enforced while the
participants are in the water. The
enhanced safety to life and property
provided by this rule greatly outweighs
any potential negative impacts. Public
notifications will be made during the
entire effective period of these safety
zones via marine information
broadcasts.
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
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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.
The Coast Guard expects the
economic impact of this rule to be so
minimal that a full regulatory evaluation
is unnecessary. The effect of this rule
will not be significant for the following
reasons: the safety zones will be of
limited duration; the events are
designed to avoid, as much as
practicable, deep draft, fishing, and
recreational boating traffic routes;
vessels may be authorized to transit the
zone with permission of the COTP; and,
advance notice of the zones will be
provided via marine broadcast.
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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the safety
zones. However, this rule will not have
a significant economic impact on a
substantial number of small entities due
to the minimal time that vessels will be
restricted from the areas, the ample
space available for vessels to maneuver
and navigate around the zones, and
advance notifications will be made to
the local community by marine
information broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
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
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Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
hsrobinson on PROD1PC76 with RULES
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, that there are no factors in
this case that would limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
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rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation.
A final environmental analysis
checklist and a final categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
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.
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 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 § 165.T01–0695 to
read as follows:
I
§ 165.T01–0695 Safety Zone; Maine; Sector
Northern New England August Swim
Events.
(a) The following area is a fixed safety
zone for the ‘‘Greater Burlington YMCA
Lake Swim’’:
(1) Location. All waters in Lake
Champlain in the vicinity of North Hero
Island enclosed by an area from shore to
shore starting at latitude 44°46′55″N,
longitude 73°22′14″W; thence to latitude
44°47′08″N, longitude 73°19′05″W; from
latitude 44°46′48″N, longitude
73°17′13″W; thence to latitude
44°46′09″N, longitude 73°16′39″W; and
from latitude 44°41′08″N, longitude
73°20′58″W thence to latitude
44°41′36″N, longitude 73°23′01″W.
(2) Effective Date. This rule will be
enforced from 8 a.m. to 6 p.m. on
August 9, 2008.
(b) The following area is a fixed safety
zone for the ‘‘Tri for a Cure Triathlon’’:
(1) Location. All waters in the vicinity
of Spring Point in Portland Harbor,
Maine enclosed by a box starting at
latitude 43°39′05″N, longitude
70°13′42″W; thence to latitude
43°39′08″N, longitude 70°13′39″W;
thence to latitude 43°39′07″N, longitude
70°13′27″W thence to the point of
beginning.
(2) Effective Date. This rule will be
enforced from 7:30 a.m. to 9:30 a.m. on
August 9, 2008.
(c) The following area is a fixed safety
zone for the ‘‘Y-Tri Triathlon’’:
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(1) Location. All waters in the vicinity
of Point Au Roche State Park in
Plattsburgh, New York, enclosed by a
box starting at latitude 44°46′30″N,
longitude 73°23′26″W; thence to latitude
44°46′17″N, longitude 73°23′26″W;
thence to latitude 44°46′17″N, longitude
73°23′46″W; thence to latitude
44°46′29″N, longitude 73°23′46″W;
thence to the point of beginning.
(2) Effective Date. This rule will be
enforced from 9 a.m. to 10 a.m. on
August 9, 2008.
(d) The following area is a fixed safety
zone for the ‘‘Sprucewold Cabbage
Island Swim’’:
(1) Location. All waters in the vicinity
of Linekin Bay between Cabbage Island
and Sprucewold Beach in Boothbay
Harbor, Maine enclosed by a box
starting at latitude 43°50′37″N,
longitude 69°36′23″W; thence to latitude
43°50′37″N, longitude 69°36′59″W;
thence to latitude 43°50′16″N, longitude
69°36′46″W; thence to latitude
43°50′22″N, longitude 69°36′21″W;
thence to the point of beginning.
(2) Effective Date. This rule will be
enforced from 3 p.m. to 4 p.m. on
August 9, 2008.
(e) The following area is a fixed safety
zone for the ‘‘Rockland Breakwater
Swim’’:
(1) Location. All waters in the vicinity
of Rockland Breakwater in Rockland
Harbor, Maine enclosed by a box
starting at latitude 44°06′16″N,
longitude 69°04′39″W; thence to latitude
44°06′14″N, longitude 69°04′36″W;
thence to latitude 44°06′13″N, longitude
69°04′41″W; thence to latitude
44°06′16″N, longitude 69°04′42″W;
thence to latitude 44°06′16″N, longitude
69°04′40″W.
(2) Effective Date. This rule will be
enforced from 10 a.m. to 12 p.m. on
August 23, 2008.
(f) 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 Coast Guard Captain of the
Port(COTP).
(g) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into or movement within this
zone by any person or vessel is
prohibited unless authorized by the
COTP Sector Northern New England or
the COTP’s designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zones may
contact the COTP or the COTP’s
designated representative for permission
at telephone number 207–767–0303, on
VHF Channel 13 (156.7 MHz), or VHF
channel 16 (156.8 MHz). If permission
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is granted, all persons and vessels must
comply with the instructions provided
by the COTP or the COTP’s designated
representative.
Dated: July 16, 2008.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. E8–17292 Filed 7–28–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0806, FRL–8683–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana—Air
Quality, Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions to the State Implementation
Plan (SIP) submitted by the Governor of
Montana on December 8, 1997, May 28,
2003, and August 25, 2004. The
December 8, 1997 submittal revised the
Administrative Rules of Montana (ARM)
chapter 8, subchapter 3, section
17.8.316 (Incinerators) by adding
subsection (6). ARM 17.8.316(6)
excludes incinerators from having to
comply with the other provisions of
ARM 17.8.316, including the particulate
matter emissions standard of 0.10 grains
per cubic foot and the 10% opacity
standard, if these sources have been
issued a Montana air quality permit
under 75–2–215, Montana Code
Annotated (MCA), and ARM 17.8.770,
which pertain to permitting of solid or
hazardous waste incinerators. The
August 25, 2004 submittal made a minor
editorial revision to ARM 17.8.316(5).
The May 28, 2003 submittal made minor
editorial revisions to ARM 17.8.316(6).
In a December 12, 2007 Notice of
Proposed Rulemaking (72 FR 70540), we
proposed to approve these revisions to
the Montana State Implementation Plan
(SIP). This action is being taken under
section 110 of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective August 28, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2006–0806. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
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43871
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathy Dolan, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, 303–
312–6142, dolan.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of SIP Revision
II. Final Action
III. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Montana
mean the State of Montana, unless the
context indicates otherwise.
I. Summary of SIP Revision
On December 8, 1997, the State of
Montana submitted a SIP revision for
EPA’s approval. The revision added
subsection (6) to section 17.8.316
(Incinerators) of the Administrative
Rules of Montana (ARM), chapter 8 (Air
Quality), subchapter 3 (Emission
Standards). Subsection (6) exempts
incinerators from the requirements of
ARM 17.8.316, including the particulate
matter emissions standard of 0.10 grains
per cubic foot and the 10% opacity
standard, if these sources have been
issued a Montana air quality permit
E:\FR\FM\29JYR1.SGM
29JYR1
]]>Agencies
[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Rules and Regulations]
[Pages 43868-43871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0695]
RIN 1625-AA00
Safety Zone; Maine; Sector Northern New England August Swim
Events.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones during
the month of August around the ``Sprucewold Cabbage Island Swim,''
``Tri for a Cure Triathlon,'' ``Greater Burlington YMCA Lake Swim,''
``Y-Tri Triathlon,'' and ``Rockland Breakwater Swim'' marine events
while the events are in progress. These safety zones are needed to
protect swimmers, event sponsors' safety vessels, and others in the
maritime community from the safety hazards that may arise from events
of
[[Page 43869]]
this type. Entry into these safety zones is prohibited unless
authorized by the Captain of the Port Sector Northern New England.
DATES: This rule is effective from August 9 through August 23, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0695 and are available online
at www.regulations.gov. They are also available for inspection or
copying 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 at U.S. Coast
Guard Sector Northern New England, 259 High Street, South Portland, ME
04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Jarrett Bleacher, U.S. Coast Guard Sector
Northern New England, Waterways Management Division, at (207) 741-5421.
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 the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 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. The logistics of these events were not
provided to the Coast Guard with sufficient time to publish a NPRM and
still ensure that this temporary final rule would be effective by
August 9, 2008, the start of the events. These safety zones are needed
to protect the event participants and maritime public by ensuring that
large numbers of swimmers remain separate and safe from vessel traffic.
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. Immediately implementing this rule
promotes the public interest by protecting the maritime public and
participants.
Background and Purpose
The ``Greater Burlington YMCA Lake Swim,'' ``Tri for a Cure,'' ``Y-
Tri Triathlon Swim,'' ``Sprucewold Cabbage Island Swim,'' and
``Rockland Breakwater Swim'' are annual marine swimming events held in
the month of August. This rule creates safety zones from 8 a.m. to 6
p.m. EDT on August 9, 2008 for 33 CFR 165.T01-0695(a) (``Greater
Burlington YMCA Lake Swim''), 7:30 a.m. to 9:30 a.m. EDT on August 9,
2008 for 33 CFR 165.T01-0695(b) (``Tri for a Cure''), 9 a.m. to 10 a.m.
EDT on August 9, 2008 for 33 CFR 165.T01-0695(c) (``Y-Tri Triathlon''),
3 p.m. to 4 p.m. EDT on August 9, 2008 for 33 CFR 165.T01-0695(d)
(``Sprucewold Cabbage Island Swim''), and 10 a.m. to 12 p.m. on August
23, 2008 for 33 CFR 165.T01-0695(e) (``Rockland Breakwater Swim'').
Discussion of Rule
This rule establishes fixed safety zones for each of these events
in the locations and at the times listed in the regulatory text. During
the effective period of the safety zones, vessel traffic will be
prohibited from entering the affected locations during the marine
events, unless specifically authorized by the Captain of the Port
Sector Northern New England. These safety zones are needed to safeguard
the maritime public and the participants from the hazards associated
with this type of large scale swimming event.
The Captain of the Port anticipates negligible negative impact on
vessel traffic from these temporary safety zones as they will be in
effect only for a short duration. The zones are not expected to affect
commercial vessels transiting in or out of the port. The zones around
the events will only be enforced while the participants are in the
water. The enhanced safety to life and property provided by this rule
greatly outweighs any potential negative impacts. Public notifications
will be made during the entire effective period of these safety zones
via marine information broadcasts.
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.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation is unnecessary. The effect of
this rule will not be significant for the following reasons: the safety
zones will be of limited duration; the events are designed to avoid, as
much as practicable, deep draft, fishing, and recreational boating
traffic routes; vessels may be authorized to transit the zone with
permission of the COTP; and, advance notice of the zones will be
provided via marine broadcast.
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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the safety zones. However, this rule will not have a significant
economic impact on a substantial number of small entities due to the
minimal time that vessels will be restricted from the areas, the ample
space available for vessels to maneuver and navigate around the zones,
and advance notifications will be made to the local community by marine
information broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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
[[Page 43870]]
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
A final environmental analysis checklist and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, 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. 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Add temporary Sec. 165.T01-0695 to read as follows:
Sec. 165.T01-0695 Safety Zone; Maine; Sector Northern New England
August Swim Events.
(a) The following area is a fixed safety zone for the ``Greater
Burlington YMCA Lake Swim'':
(1) Location. All waters in Lake Champlain in the vicinity of North
Hero Island enclosed by an area from shore to shore starting at
latitude 44[deg]46'55''N, longitude 73[deg]22'14''W; thence to latitude
44[deg]47'08''N, longitude 73[deg]19'05''W; from latitude
44[deg]46'48''N, longitude 73[deg]17'13''W; thence to latitude
44[deg]46'09''N, longitude 73[deg]16'39''W; and from latitude
44[deg]41'08''N, longitude 73[deg]20'58''W thence to latitude
44[deg]41'36''N, longitude 73[deg]23'01''W.
(2) Effective Date. This rule will be enforced from 8 a.m. to 6
p.m. on August 9, 2008.
(b) The following area is a fixed safety zone for the ``Tri for a
Cure Triathlon'':
(1) Location. All waters in the vicinity of Spring Point in
Portland Harbor, Maine enclosed by a box starting at latitude
43[deg]39'05''N, longitude 70[deg]13'42''W; thence to latitude
43[deg]39'08''N, longitude 70[deg]13'39''W; thence to latitude
43[deg]39'07''N, longitude 70[deg]13'27''W thence to the point of
beginning.
(2) Effective Date. This rule will be enforced from 7:30 a.m. to
9:30 a.m. on August 9, 2008.
(c) The following area is a fixed safety zone for the ``Y-Tri
Triathlon'':
[[Page 43871]]
(1) Location. All waters in the vicinity of Point Au Roche State
Park in Plattsburgh, New York, enclosed by a box starting at latitude
44[deg]46'30''N, longitude 73[deg]23'26''W; thence to latitude
44[deg]46'17''N, longitude 73[deg]23'26''W; thence to latitude
44[deg]46'17''N, longitude 73[deg]23'46''W; thence to latitude
44[deg]46'29''N, longitude 73[deg]23'46''W; thence to the point of
beginning.
(2) Effective Date. This rule will be enforced from 9 a.m. to 10
a.m. on August 9, 2008.
(d) The following area is a fixed safety zone for the ``Sprucewold
Cabbage Island Swim'':
(1) Location. All waters in the vicinity of Linekin Bay between
Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine enclosed
by a box starting at latitude 43[deg]50'37''N, longitude
69[deg]36'23''W; thence to latitude 43[deg]50'37''N, longitude
69[deg]36'59''W; thence to latitude 43[deg]50'16''N, longitude
69[deg]36'46''W; thence to latitude 43[deg]50'22''N, longitude
69[deg]36'21''W; thence to the point of beginning.
(2) Effective Date. This rule will be enforced from 3 p.m. to 4
p.m. on August 9, 2008.
(e) The following area is a fixed safety zone for the ``Rockland
Breakwater Swim'':
(1) Location. All waters in the vicinity of Rockland Breakwater in
Rockland Harbor, Maine enclosed by a box starting at latitude
44[deg]06'16''N, longitude 69[deg]04'39''W; thence to latitude
44[deg]06'14''N, longitude 69[deg]04'36''W; thence to latitude
44[deg]06'13''N, longitude 69[deg]04'41''W; thence to latitude
44[deg]06'16''N, longitude 69[deg]04'42''W; thence to latitude
44[deg]06'16''N, longitude 69[deg]04'40''W.
(2) Effective Date. This rule will be enforced from 10 a.m. to 12
p.m. on August 23, 2008.
(f) 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 Coast Guard Captain of the Port(COTP).
(g) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the COTP Sector
Northern New England or the COTP's designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zones may contact the COTP or the COTP's designated representative for
permission at telephone number 207-767-0303, on VHF Channel 13 (156.7
MHz), or VHF channel 16 (156.8 MHz). If permission is granted, all
persons and vessels must comply with the instructions provided by the
COTP or the COTP's designated representative.
Dated: July 16, 2008.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. E8-17292 Filed 7-28-08; 8:45 am]
BILLING CODE 4910-15-P
