Safety Zone; Agat Bay and Outer Apra Harbor, GU, 53128-53130 [E8-21549]
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53128
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
coal per shift shall be provided with the
following:
(i) Two portable fire extinguishers;
and
(ii) 240 pounds of rock dust in bags
or other suitable containers; and
(iii) At least 500 gallons of water and
at least three pails of 10-quart capacity;
or a waterline with sufficient hose to
reach the working places; or a portable
water car of at least 500-gallons
capacity; or a portable, all-purpose, drypowder chemical car of at least 125pounds capacity.
(3) As an alternative to paragraph
(a)(2) of this section, each working
section with no electrical equipment at
the face of an anthracite coal mine
producing less than 300 tons of coal per
shift shall be provided with the
following:
(i) Portable fire extinguishers
containing a total capacity of at least 30
pounds of dry chemical or 15 gallons of
foam and located at the entrance to the
gangway at the bottom of the slope; and
(ii) Portable fire extinguishers
containing a total capacity of at least 20
pounds of dry chemical or 10 gallons of
foam and located within 500 feet from
the working face.
*
*
*
*
*
(e) Electrical installations. At each
electrical installation, the operator shall
provide two portable fire extinguishers
that have a nominal capacity of 5
pounds of dry chemical, or one
extinguisher that has a nominal capacity
of at least 10 pounds of dry chemical,
and which have a 2–A:10–B:C or higher
rating.
*
*
*
*
*
[FR Doc. E8–21448 Filed 9–12–08; 8:45 am]
BILLING CODE 4510–43–P
appeared in the Rules and Regulations
section.
[FR Doc. Z8–15489 Filed 9–12–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA–2006–24191; USCG–
2006–24196]
Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector, Hazardous
Materials Endorsement for a
Commercial Driver’s License
Correction
Document E8-10244 was
inadvertently published in the Notices
section of Wednesday, May 7, 2008,
beginning on page 25757. It should have
appeared in the Rules and Regulations
section.
[FR Doc. Z8–10244 Filed 9–12–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0837]
RIN 1625–AA00
Safety Zone; Agat Bay and Outer Apra
Harbor, GU
Coast Guard, DHS.
Temporary final rule; request for
comments.
AGENCY:
ACTION:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA–2006–24191; USCG–
2006–24196]
jlentini on PROD1PC65 with RULES
Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector, Hazardous
Materials Endorsement for a
Commercial Driver’s License
Correction
Document E8-15489 was
inadvertently published in the Notices
section of Wednesday, July 9, 2008,
beginning on page 39323. It should have
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the waters of Agat Bay and Outer Apra
Harbor, Guam. The zone will encompass
two distinct areas, each area bounded by
a circle with a 300-meter radius on the
surface and a 2750-meter radius
underwater, centered at 13°23′00″ N and
144°35′00″ E (NAD 1983) and 13°27′42″
N and 144°38′30″ E (NAD 1983)
respectively. This safety zone is
necessary to protect mariners who
would otherwise transit or be within the
affected area from possible safety
hazards associated with an underwater
detonation operation. Entry of persons
or vessels into this temporary safety
zone is prohibited unless authorized by
the Captain of the Port.
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This rule is effective beginning
September 15, 2008, through September
17, 2008, daily between the hours of 8
a.m. and 11:59 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0837 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 Guam,
Naval Base Guam, between 7:30 a.m.
and 3:30 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact Lieutenant Krissy Marlin,
U.S. Coast Guard Sector Guam, at (671)
355–4835. If you have questions on
viewing the docket, call Renne V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: 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.
DATES:
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0837),
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, and 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 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
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
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–2008–0837) 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 the Coast
Guard Sector Guam, Naval Base Guam,
between 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
jlentini on PROD1PC65 with RULES
Background and Purpose
The Coast Guard expects that, on
September 15th, 16th and 17th 2008, the
U.S. Navy will conduct an underwater
detonation of explosives operation
within the Guam Captain of the Port
Zone. The Coast Guard has determined
that a temporary safety zone, that will
encompass two distinct areas in the
waters of Agat Bay and outer Apra
Harbor, is necessary to protect mariners
and divers from hazards associated with
the operation. The areas are relatively
close together, and both are areas where
underwater demolition exercises will
occur.
Discussion of Rule
This temporary safety zone is effective
daily between the hours of 8 a.m. to
11:59 p.m. beginning September 15,
2008, through September 17, 2008. The
zone is located within the Guam
Captain of the Port Zone (See 33 CFR
3.70–15) and covers all waters bounded
by a circle with a 300-meter radius on
the surface and a 2750-meter radius
underwater, centered at 13°23′00″ N and
144°35′00″ E in Agat Bay and 13°27′42″
N and 144°38′30″ E in outer Apra
Harbor, from the surface of the water to
the ocean floor.
The general regulations governing
safety zones contained in 33 CFR 165.23
apply. Entry into, transit through or
anchoring within this zone is prohibited
unless authorized by the Captain of the
Port or a designated representative
thereof. Any Coast Guard
commissioned, warrant, or petty officer,
and any other Captain of the Port
representative permitted by law, may
enforce the zone. The Captain of the
Port may waive any of the requirements
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
of this rule for any person, vessel, or
class of vessel upon finding that
application of the safety zone is
unnecessary or impractical for the
purpose of maritime safety. Vessels or
persons violating this rule are subject to
the penalties set forth in 33 U.S.C. 1232
and 50 U.S.C. 192.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under § 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under § 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 under the regulatory policies
and procedures of DHS is unnecessary.
This expectation is based on the short
duration of the zone and the limited
geographic area affected by it.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will 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. We
expect that there will be little or no
impact to small entities due to the
narrowly tailored scope of this safety
zone.
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 this 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
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53129
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
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
either preempts State law or imposes 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
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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
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53130
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
of the safety zone is unnecessary or
impractical for the purpose of maritime
security.
List of Subjects 33 CFR Part 165
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.
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: September 3, 2008.
T. Sparks,
Captain, U.S. Coast Guard, Captain of the
Port Guam.
[FR Doc. E8–21549 Filed 9–11–08; 4:15 pm]
jlentini on PROD1PC65 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards is 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 limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. Therefore,
under figure 2–1, paragraph (34)(g) of
the Commandant Instruction
M16475.1D, this rule is categorically
excluded from further environmental
documentation because it is a regulation
establishing a safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
1. The authority citation for part 165
continues to read as follows:
[EPA–R03–OAR–2005–MD–0013; FRL–
8714–5]
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;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of Incinerators
■
2. Add § 165.T14–173 to read as
follows:
■
§ 165.T14–173 Safety Zone; Agat Bay and
adjacent waters, GU.
(a) Location. The following areas,
within the Guam Captain of the Port
Zone (See 33 CFR 3.70–15), from the
surface of the water to the ocean floor,
are a safety zone:
(1) All waters bounded by a circle
with a 300-meter radius on the surface
and a 2750-meter radius underwater,
centered at 13°23′42″ N and 144°35′00″
E (NAD 1983);
(2) All waters bounded by a circle
with a 300-meter radius on the surface
and a 2750-meter radius underwater,
centered at 13°27′42″ N and 144°38′30″
E.
(b) Effective Dates. This rule is
effective beginning September 15, 2008,
through September 17, 2008, daily
between the hours of 8 a.m. and 11:59
p.m.
(c) Enforcement Period. This rule will
be enforced from 8 a.m. through 11:59
p.m., each day, from September 15,
2008, through September 17, 2008.
(d) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry
into, transit through or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port or
a designated representative thereof.
(e) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other Captain of the Port
representative permitted by law, may
enforce this temporary safety zone.
(f) Waiver. The Captain of the Port
may waive any of the requirements of
this rule for any person, vessel, or class
of vessel upon finding that application
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Maryland Department
of the Environment (MDE). This
revision pertains to amendments to the
regulations for the control of
incinerators. This action is being taken
under the Clean Air Act (CAA or the
Act).
DATES: Effective Date: This final rule is
effective on October 15, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–MD–
0013. All documents in the docket are
listed in the www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., 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
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
e-mail at powers.marilyn@epa.gov.
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]]>Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53128-53130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21549]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0837]
RIN 1625-AA00
Safety Zone; Agat Bay and Outer Apra Harbor, GU
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of Agat Bay and Outer Apra Harbor, Guam. The zone will encompass
two distinct areas, each area bounded by a circle with a 300-meter
radius on the surface and a 2750-meter radius underwater, centered at
13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E (NAD 1983) and
13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E (NAD 1983)
respectively. This safety zone is necessary to protect mariners who
would otherwise transit or be within the affected area from possible
safety hazards associated with an underwater detonation operation.
Entry of persons or vessels into this temporary safety zone is
prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective beginning September 15, 2008, through
September 17, 2008, daily between the hours of 8 a.m. and 11:59 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0837 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 Guam, Naval Base Guam, between 7:30 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact Lieutenant Krissy Marlin, U.S. Coast Guard
Sector Guam, at (671) 355-4835. If you have questions on viewing the
docket, call Renne V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: 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-2008-0837), 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,
and 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 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
[[Page 53129]]
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-2008-0837)
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 the Coast Guard Sector Guam, Naval Base Guam, between 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
Background and Purpose
The Coast Guard expects that, on September 15th, 16th and 17th
2008, the U.S. Navy will conduct an underwater detonation of explosives
operation within the Guam Captain of the Port Zone. The Coast Guard has
determined that a temporary safety zone, that will encompass two
distinct areas in the waters of Agat Bay and outer Apra Harbor, is
necessary to protect mariners and divers from hazards associated with
the operation. The areas are relatively close together, and both are
areas where underwater demolition exercises will occur.
Discussion of Rule
This temporary safety zone is effective daily between the hours of
8 a.m. to 11:59 p.m. beginning September 15, 2008, through September
17, 2008. The zone is located within the Guam Captain of the Port Zone
(See 33 CFR 3.70-15) and covers all waters bounded by a circle with a
300-meter radius on the surface and a 2750-meter radius underwater,
centered at 13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E in
Agat Bay and 13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E in
outer Apra Harbor, from the surface of the water to the ocean floor.
The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within this zone
is prohibited unless authorized by the Captain of the Port or a
designated representative thereof. Any Coast Guard commissioned,
warrant, or petty officer, and any other Captain of the Port
representative permitted by law, may enforce the zone. The Captain of
the Port may waive any of the requirements of this rule for any person,
vessel, or class of vessel upon finding that application of the safety
zone is unnecessary or impractical for the purpose of maritime safety.
Vessels or persons violating this rule are subject to the penalties set
forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under Sec.
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under Sec.
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 under the regulatory policies
and procedures of DHS is unnecessary. This expectation is based on the
short duration of the zone and the limited geographic area affected by
it.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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. We expect that there will be little or no impact to small
entities due to the narrowly tailored scope of this safety zone.
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 this 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).
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 either preempts State law or imposes 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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
[[Page 53130]]
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 is 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 limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, under figure 2-1, paragraph (34)(g) of the
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation because it is a regulation
establishing a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T14-173 to read as follows:
Sec. 165.T14-173 Safety Zone; Agat Bay and adjacent waters, GU.
(a) Location. The following areas, within the Guam Captain of the
Port Zone (See 33 CFR 3.70-15), from the surface of the water to the
ocean floor, are a safety zone:
(1) All waters bounded by a circle with a 300-meter radius on the
surface and a 2750-meter radius underwater, centered at
13[deg]23[min]42[sec] N and 144[deg]35[min]00[sec] E (NAD 1983);
(2) All waters bounded by a circle with a 300-meter radius on the
surface and a 2750-meter radius underwater, centered at
13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E.
(b) Effective Dates. This rule is effective beginning September 15,
2008, through September 17, 2008, daily between the hours of 8 a.m. and
11:59 p.m.
(c) Enforcement Period. This rule will be enforced from 8 a.m.
through 11:59 p.m., each day, from September 15, 2008, through
September 17, 2008.
(d) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry into, transit through or
anchoring within this zone is prohibited unless authorized by the
Captain of the Port or a designated representative thereof.
(e) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce this temporary safety zone.
(f) Waiver. The Captain of the Port may waive any of the
requirements of this rule for any person, vessel, or class of vessel
upon finding that application of the safety zone is unnecessary or
impractical for the purpose of maritime security.
Dated: September 3, 2008.
T. Sparks,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. E8-21549 Filed 9-11-08; 4:15 pm]
BILLING CODE 4910-15-P
