Safety Zone; BWRC ‘300' Enduro; Lake Moolvalya, Parker, AZ, 59511-59513 [E8-23903]
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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations
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
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation.
A final ‘‘Environmental Analysis
Check List’’ 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.
■ 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
following the river east to a line at
34°10.25′ N, 114°15.70′ W to 34°10.37′
N, 114°15.74′ W.
(b) Enforcement Period. This section
will be enforced daily from 6 a.m. to
6 p.m. on November 28, 2008 through
November 30, 2008. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
Designated representative means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: September 25, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. E8–23906 Filed 10–8–08; 8:45 am]
BILLING CODE 4910–15–P
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T11–034 to read as
follows:
33 CFR Part 165
§ 165.T11–034 Safety zone; BWRC Annual
Thanksgiving Regatta; Lake Moolvalya,
Parker, AZ.
RIN 1625–AA00
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■
[Docket No. USCG–2008–0245]
(a) Location. The limits of the
proposed safety zone are as follows: the
Headgate Dam at 34°10.15′ N, 114°16.62′
W to 34°10.08′ N, 114°16.61′ W
VerDate Aug<31>2005
15:31 Oct 08, 2008
Jkt 214001
Coast Guard
Safety Zone; BWRC ‘300’ Enduro; Lake
Moolvalya, Parker, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
PO 00000
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Fmt 4700
Sfmt 4700
59511
SUMMARY: The Coast Guard establishes a
safety zone, on the navigable waters of
Lake Moolvalya region on the lower
Colorado River, in support of the
Bluewater Resort and Casino ‘300’
Enduro. This safety zone is necessary to
provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective from 6 a.m.
on October 24, 2008 through 6 p.m. on
October 26, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0245 and are
available online at https://
www.regulations.gov. This material is
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 San Diego, 2710 N.
Harbor Drive, San Diego, CA 92101
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Petty Officer Kristen Beer,
USCG, Waterways Management, U.S.
Coast Guard Sector San Diego at (619)
278–7233. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 11, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; BWRC ‘300’
Enduro; Lake Moolvalya, Parker,
Arizona in the Federal Register (73 FR
33033). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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 the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the public’s safety.
E:\FR\FM\09OCR1.SGM
09OCR1
59512
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations
Background and Purpose
RPM Racing Enterprises is sponsoring
the Bluewater Resort and Casino ‘300’
Enduro. The event is a closed boat
endurance race consisting of 30 to 50
powerboats ranging from 16 to 26 feet in
length. The sponsor will provide four
water rescue boats and eight patrol boats
for this event. This safety zone is
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and other users of the
waterway.
Discussion of Comments and Changes
There were no issues raised by this
proposed event. There are no changes
from the NPRM posted in the Federal
Register.
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.
erowe on PROD1PC64 with RULES
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.
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 or operators of
vessels intending to transit or anchor in
a region of Lake Moolvalya on the lower
Colorado River from 6 a.m. to 6 p.m. on
October 24–26, 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 12 hours a day for a period
of three days. Although the safety zone
VerDate Aug<31>2005
15:31 Oct 08, 2008
Jkt 214001
will apply to the entire width of the
river, traffic will be allowed to pass
through the zone with the permission of
the Coast Guard patrol commander.
Before the effective period, we will
publish a local notice to mariners (LNM)
and will issue broadcast notice to
mariners (BNM) alerts via marine
channel 16 VFH before the safety zone
is enforced.
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM 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.
Civil Justice Reform
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
PO 00000
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Fmt 4700
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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.
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
E:\FR\FM\09OCR1.SGM
09OCR1
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations
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
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
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.
(b) Enforcement Period. This section
will be enforced each day from 6 a.m.
to 6 p.m. on October 24, 2008 through
October 26, 2008. If the event concludes
prior to the scheduled termination time,
the Captain of the Port will cease
enforcement of this safety zone and will
announce that fact via Broadcast Notice
to Mariners.
(c) Definitions. The following
definition applies to this section:
Designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: September 25, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. E8–23903 Filed 10–8–08; 8:45 am]
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:
■
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 710, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
United States Patent and Trademark
Office
37 CFR Part 10
[Docket No. PTO–C–2005–0013]
2. A new temporary safety zone
§ 165.T11–033:
RIN 0651–AB55
§ 165.T11–033 Safety zone; BWRC ‘300’
Enduro; Lake Moolvalya, Parker, AZ.
Changes to Representation of Others
Before the United States Patent and
Trademark Office
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■
(a) Location. The limits of the safety
zone are as follows: The Headgate Dam
at 34°11.20 N, 114°13.74 W following
the river northeast to 34°10.10 N,
114°16.61 W.
VerDate Aug<31>2005
15:31 Oct 08, 2008
Jkt 214001
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule; correction.
AGENCY:
PO 00000
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59513
SUMMARY: The United States Patent and
Trademark Office (Office) published a
final rule in the Federal Register on
August 14, 2008, adopting new rules
governing the conduct of disciplinary
investigations, issuing warnings when
closing such investigations, disciplinary
proceedings, non-disciplinary transfer
to disability inactive status and
reinstatement to practice before the
Office. This document corrects
omissions in that final rule and amends
the Rules of Practice for consistency
with the final rule.
DATES: Effective Date: October 9, 2008.
FOR FURTHER INFORMATION CONTACT:
Harry I. Moatz, Director of Enrollment
and Discipline (OED Director), directly
by telephone (571) 272–6069, by
facsimile to (571) 273–6069 marked to
the attention of Mr. Moatz, or by mail
addressed to: Mail Stop OED—Ethics
Rules, U.S. Patent and Trademark
Office, P.O. Box 1450, Alexandria,
Virginia 22313–1450.
SUPPLEMENTARY INFORMATION: The Office
published a final rule in the Federal
Register of August 14, 2008 (73 FR
47650), entitled ‘‘Changes to
Representation of Others Before the
United States Patent and Trademark
Office.’’ In that final rule, 37 CFR 10.4
is replaced and supplemented by
§ 11.23. Also in that final rule, there are
several references to ‘‘violation of any of
the Mandatory Disciplinary Rules
identified in § 10.20(b) of this
subchapter.’’ This document corrects
erroneous omissions from that final rule
as discussed below.
Section 10.4 inadvertently continued
to remain in Part 10 although it should
have been removed and reserved. Seven
of the examples of conduct that
constitute a violation of Mandatory
Disciplinary Rule § 10.23—i.e.,
§§ 10.23(c)(5), (c)(6), (c)(13), (c)(14),
(c)(15), (c)(16) and (c)(19)—and
Mandatory Disciplinary Rule § 10.31(c)
inadvertently continue to refer to rules
in Part 10 although the referenced rules
have been removed. They should refer
to existing rules. This document
corrects the text in the provisions of
§§ 10.23 and 10.31 to reference the
appropriate existing rules.
The final rule is corrected as follows.
Section 10.4 is removed and reserved
(the substance of § 10.4 has been
transferred and supplanted by § 11.23).
Section 10.23(c)(5) changes its reference
from ‘‘§ 10.6(c)’’ to ‘‘§ 11.6(c)’’ (the
substance of the former § 10.6(c) was
transferred to § 11.6(c)). Section
10.23(c)(6) changes its reference from
‘‘§ 10.158’’ to ‘‘§ 11.58’’ (the substance of
the former § 10.158 was transferred to
§ 11.58). Section 10.23(c)(13) changes its
E:\FR\FM\09OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Rules and Regulations]
[Pages 59511-59513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23903]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0245]
RIN 1625-AA00
Safety Zone; BWRC `300' Enduro; Lake Moolvalya, Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard establishes a safety zone, on the navigable
waters of Lake Moolvalya region on the lower Colorado River, in support
of the Bluewater Resort and Casino `300' Enduro. This safety zone is
necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
DATES: This rule is effective from 6 a.m. on October 24, 2008 through 6
p.m. on October 26, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0245 and are available online at https://
www.regulations.gov. This material is 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 San Diego, 2710 N. Harbor Drive, San Diego, CA 92101
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Kristen Beer, USCG, Waterways
Management, U.S. Coast Guard Sector San Diego at (619) 278-7233. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 11, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; BWRC `300' Enduro; Lake Moolvalya, Parker,
Arizona in the Federal Register (73 FR 33033). We received no letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
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 the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the public's safety.
[[Page 59512]]
Background and Purpose
RPM Racing Enterprises is sponsoring the Bluewater Resort and
Casino `300' Enduro. The event is a closed boat endurance race
consisting of 30 to 50 powerboats ranging from 16 to 26 feet in length.
The sponsor will provide four water rescue boats and eight patrol boats
for this event. This safety zone is necessary to provide for the safety
of the participants, crew, spectators, sponsor vessels, and other users
of the waterway.
Discussion of Comments and Changes
There were no issues raised by this proposed event. There are no
changes from the NPRM posted in the Federal Register.
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.
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 or operators of vessels intending to transit
or anchor in a region of Lake Moolvalya on the lower Colorado River
from 6 a.m. to 6 p.m. on October 24-26, 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 12 hours a day for a period of three days.
Although the safety zone will apply to the entire width of the river,
traffic will be allowed to pass through the zone with the permission of
the Coast Guard patrol commander. Before the effective period, we will
publish a local notice to mariners (LNM) and will issue broadcast
notice to mariners (BNM) alerts via marine channel 16 VFH before the
safety zone is enforced.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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 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
[[Page 59513]]
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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, 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. Chapter 710, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary safety zone Sec. 165.T11-033:
Sec. 165.T11-033 Safety zone; BWRC `300' Enduro; Lake Moolvalya,
Parker, AZ.
(a) Location. The limits of the safety zone are as follows: The
Headgate Dam at 34[deg]11.20 N, 114[deg]13.74 W following the river
northeast to 34[deg]10.10 N, 114[deg]16.61 W.
(b) Enforcement Period. This section will be enforced each day from
6 a.m. to 6 p.m. on October 24, 2008 through October 26, 2008. If the
event concludes prior to the scheduled termination time, the Captain of
the Port will cease enforcement of this safety zone and will announce
that fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: September 25, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. E8-23903 Filed 10-8-08; 8:45 am]
BILLING CODE 4910-15-P
