Safety Zone; Christmas Holiday Boat Parade Fireworks Event, Appomattox River, Hopewell, VA, 65982-65984 [E8-26523]
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65982
Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Rules and Regulations
minimal because the information
required by section 6039I is readily
available. Accordingly, the regulations
will not have a significant economic
impact on a substantial number of small
entities and a regulatory flexibility
analysis is not required.
Pursuant to section 7805(f) of the
Internal Revenue Code, the notice of
proposed rulemaking preceding this
regulation was submitted to the Chief
Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Drafting Information
The principal author of these
regulations is Linda K. Boyd, Office of
Associate Chief Counsel (Financial
Institutions & Products). However, other
personnel from the IRS and Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
(5) That the applicable policyholder
has a valid consent for each insured
employee (or, if all such consents are
not obtained, the number of insured
employees for whom such consent was
not obtained).
(b) Time and manner of reporting.
Applicable policyholders owning one or
more employer-owned life insurance
contracts issued after August 17, 2006,
must provide the information required
under § 6039I by attaching Form 8925,
‘‘Report of Employer-Owned Life
Insurance Contracts’’, to the
policyholder’s income tax return by the
due date of that return, or by filing such
other form at such time and in such
manner as the Commissioner may in the
future prescribe.
(c) Effective/applicability date. These
regulations are applicable for tax years
ending after November 6, 2008.
§ 1.6039I–1T
[Removed]
■ Par. 3. Section 1.6039I–1T is
removed.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
■
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by removing the
entry for § 1.6039I–1T, and adding an
entry in numerical order to read in part
as follows:
■
[FR Doc. Z8–21006 Filed 11–5–08; 8:45 am]
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: October 16, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–26424 Filed 11–5–08; 8:45 am]
BILLING CODE 4830–01–P
§ 1. 6039I–1 Reporting of certain employerowned life insurance contracts.
Unified Rule for Loss on Subsidiary
Stock
ebenthall on PRODPC68 with RULES
Jkt 217001
33 CFR Part 165
Safety Zone; Christmas Holiday Boat
Parade Fireworks Event, Appomattox
River, Hopewell, VA
[TD 9424]
13:44 Nov 05, 2008
Coast Guard
RIN 1625–AA00
Par. 2. Section 1.6039I–1 is added to
read as follows:
VerDate Aug<31>2005
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
ACTION:
Correction
In rule document E8– 21006
beginning on page 53934 in the issue of
Wednesday, September 17, 2008 make
the following corrections:
§1.1502–13
[Corrected]
1. On page 53948, in the first column,
§1.1502–13(a)(4), in the second line ‘‘(4)
Application of other rules of law.’’
should read ‘‘(4) Application of other
rules of law.’’.
■
§1.1502–36
[Corrected]
2. On page 53962, in the third column,
§1.1502–36(c)(8)(ii) at Example 6 (ii)
(A), in the first paragraphs, in the 32nd
line, ‘‘CNOL))’’ should read ‘‘CNOL)’’.
■ 3. On page 53964, in the second
column, §1.1502–36(d)(4)(ii)(A), the
■
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
RIN 1545–BB61
(a) Requirement to report. Section
6039I requires every taxpayer that is an
applicable policyholder owning one or
more employer-owned life insurance
contracts issued after August 17, 2006,
to file a return showing the following
information for each year the contracts
are owned—
(1) The number of employees of the
applicable policyholder at the end of the
year;
(2) The number of such employees
insured under such contracts at the end
of the year;
(3) The total amount of insurance in
force at the end of the year under such
contracts;
(4) The name, address, and taxpayer
identification number of the applicable
policyholder and the type of business in
which the policyholder is engaged; and
BILLING CODE 1505–01–D
[USCG–2008–0838]
Authority: 26 U.S.C. 7805 * * *.
Section 1.6039I–1 also issued under 26
U.S.C. 6039I. * * *
■
first sentence, ‘‘(A) Category A, Category
B, and Category C attributes.’’ should
read ‘‘(A) Category A, Category B, and
Category C attributes.’’.
■ 4. On page 53968, in the second
column, §1.1502–36(d)(8) at Example 1
(ii), in paragraphs (A) and (B), ‘‘Example
1’’should read ‘‘Example 1.’’.
■ 5. On page 53970, in the third column,
§1.1502–36(d)(8) at Example 4. (i)(c)
paragraph ‘‘(1)’’ should read, ‘‘1’’.
■ 6. On page the same page, in the
second column, §1.1502–36(d)(8) at
Example 4. (ii)(c) paragraph ‘‘(1)’’
should read,‘‘(1)’’.
■ 7. On page 53974, in the third column,
§1.1502–36(d)(8) at Example 8. (i)(c)(2)
paragraph ‘‘(i)’’ should read, ‘‘(i)’’.
■ 8. On page 53975, in the third column,
§1.1502–36(d)(8) at Example 8. (ii)(c)(2)
paragraph ‘‘(i)’’ should read, ‘‘(i)’’.
■ 9. On page 53977, in the first column,
§1.1502–36(d)(8) at Example 9. (iv)(B)
paragraph ‘‘(1)’’ should read, ‘‘(1)’’.
SUMMARY: The Coast Guard is
establishing a 420-foot radius safety
zone on the Appomattox River in the
vicinity of Hopewell, VA in support of
the Christmas Holiday Boat Parade
Fireworks Event. This action will
protect the maritime public on the
Appomattox River from the hazards
associated with fireworks displays.
DATES: This rule is effective from 8 p.m.
until 9 p.m. on December 6, 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–2008–0838 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
2008–0838 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
E:\FR\FM\06NOR1.SGM
06NOR1
Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Rules and Regulations
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 Sector
Hampton Roads, Norfolk Federal
Building, 200 Granby St., 7th Floor,
Norfolk, VA 23510 between 9 a.m. and
2 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call LT Tiffany Duffy, Chief,
Waterways Management Division,
Sector Hampton Roads at (757) 668–
5580. 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 August 28, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone: Christmas Holiday
Boat Parade Fireworks Event,
Appomattox River, Hopewell, VA, in
the Federal Register (73 FR 168). We
received no letters commenting on the
proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
On December 6, 2008, the City of
Hopewell, VA will sponsor a fireworks
display on the Appomattox River
centered on position 37°19′34″ N/
77°16′00″ W (NAD 1983). Due to the
need to protect mariners and spectators
from the hazards associated with the
fireworks display, access to the
Appomattox River within a 420 foot
radius of the fireworks barge will be
temporarily restricted.
ebenthall on PRODPC68 with RULES
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. Although this regulation restricts
access to the safety zone, the effect of
this rule will not be significant because:
VerDate Aug<31>2005
13:44 Nov 05, 2008
Jkt 217001
(i) The safety zone will be in effect for
a limited duration; (ii) the zone is of
limited size; and (iii) the Coast Guard
will make notifications via maritime
advisories so mariners can adjust their
plans accordingly.
65983
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
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.
However, this rule may affect the
following entities, some of which may
be small entities: Owners and operators
of vessels intending to transit or anchor
in that portion of the Appomattox River
from 8 p.m. to 9 p.m. on December 6,
2008. Although this regulation restricts
access to the safety zone, the effect of
this rule will not significantly impact
small entities because: (i) The safety
zone will be in effect for a limited
duration; (ii) the zone is of limited size;
and (iii) the Coast Guard will make
notifications via maritime advisories so
mariners can adjust their plans
accordingly.
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.
Assistance for Small Entities
Civil Justice Reform
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.
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.
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Fmt 4700
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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
E:\FR\FM\06NOR1.SGM
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65984
Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
List of Subjects in 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.
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.
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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. An environmental
analysis checklist and a categorical
exclusion determination will be
available in the docket where indicated
under ADDRESSES.
VerDate Aug<31>2005
13:44 Nov 05, 2008
Jkt 217001
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement Period. This rule will
be enforced from 8 p.m. to 9 p.m. on
December 6, 2008.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: October 17, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. E8–26523 Filed 11–5–08; 8:45 am]
BILLING CODE 4910–15–P
■
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 AGRICULTURE
Forest Service
2. Add § 165.T05–0838, to read as
follows:
36 CFR Part 261
§ 165.T05–0838 Safety Zone: Christmas
Holiday Boat Parade Fireworks Event,
Appomattox River, Hopewell, VA.
RIN 0596–AC38
■
(a) Regulated Area. The following area
is a safety zone: All navigable waters of
the Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, in the vicinity of the Appomattox
River in Hopewell, VA within 420 feet
of position 37°19′34″ N/77°16′00″ W
(NAD 1983).
(b) Definitions. As used in this
section, Captain of the Port
Representative means any U.S. Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port, Hampton Roads,
Virginia to act on his behalf.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port, Hampton Roads or
his designated representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads and the Sector Duty Officer at
Sector Hampton Roads in Portsmouth,
Virginia can be contacted at telephone
number (757) 668–5555.
(4) The Captain of the Port
Representative enforcing the safety zone
can be contacted on VHF–FM marine
band radio, channel 13 (156.65 Mhz)
and channel 16 (156.8 Mhz).
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Clarification for the Appropriate Use of
a Criminal or a Civil Citation To
Enforce Mineral Regulations
AGENCY:
ACTION:
Forest Service, USDA.
Final rule.
SUMMARY: This final rule amends certain
Forest Service regulations to allow, if
necessary, for a criminal citation to be
issued for unauthorized mineral
operations on National Forest System
(NFS) lands.
The final rule is effective
December 8, 2008.
DATE:
The documents used to
develop this final rule, along with
comments, including names and
addresses when provided are placed in
the record and are available for
inspection and copying. The public may
copy or inspect these items at the Office
of the Director, Minerals and Geology
Management (MGM), Forest Service,
USDA, 1601 N. Kent Street, 5th Floor,
Arlington, VA 22209 during regular
business hours (8:30 a.m. to 4 p.m.),
Monday through Friday except
holidays. Visitors are encouraged to call
ahead at (703) 605–4545 to facilitate
entry into the building.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Ivette Torres, Minerals and Geology
Management Staff, (703) 605–4792, or
electronic mail to itorres@.fs.fed.us.
Individuals who use telecommunication
devices for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 between 8
a.m. and 8 p.m., Eastern Standard Time,
Monday through Friday.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Rules and Regulations]
[Pages 65982-65984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26523]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2008-0838]
RIN 1625-AA00
Safety Zone; Christmas Holiday Boat Parade Fireworks Event,
Appomattox River, Hopewell, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 420-foot radius safety zone
on the Appomattox River in the vicinity of Hopewell, VA in support of
the Christmas Holiday Boat Parade Fireworks Event. This action will
protect the maritime public on the Appomattox River from the hazards
associated with fireworks displays.
DATES: This rule is effective from 8 p.m. until 9 p.m. on December 6,
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-2008-0838 and are available online by going to
https://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2008-0838 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This
[[Page 65983]]
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 Sector Hampton
Roads, Norfolk Federal Building, 200 Granby St., 7th Floor, Norfolk, VA
23510 between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Tiffany Duffy, Chief, Waterways Management
Division, Sector Hampton Roads at (757) 668-5580. 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 August 28, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: Christmas Holiday Boat Parade Fireworks
Event, Appomattox River, Hopewell, VA, in the Federal Register (73 FR
168). We received no letters commenting on the proposed rule. No public
meeting was requested, and none was held.
Background and Purpose
On December 6, 2008, the City of Hopewell, VA will sponsor a
fireworks display on the Appomattox River centered on position
37[deg]19'34'' N/77[deg]16'00'' W (NAD 1983). Due to the need to
protect mariners and spectators from the hazards associated with the
fireworks display, access to the Appomattox River within a 420 foot
radius of the fireworks barge will be temporarily restricted.
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. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
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. However, this rule may affect the following entities, some of
which may be small entities: Owners and operators of vessels intending
to transit or anchor in that portion of the Appomattox River from 8
p.m. to 9 p.m. on December 6, 2008. Although this regulation restricts
access to the safety zone, the effect of this rule will not
significantly impact small entities because: (i) The safety zone will
be in effect for a limited duration; (ii) the zone is of limited size;
and (iii) the Coast Guard will make notifications via maritime
advisories so mariners can adjust their plans accordingly.
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
[[Page 65984]]
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 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. An environmental analysis checklist and a
categorical exclusion determination will be 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, 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0838, to read as follows:
Sec. 165.T05-0838 Safety Zone: Christmas Holiday Boat Parade
Fireworks Event, Appomattox River, Hopewell, VA.
(a) Regulated Area. The following area is a safety zone: All
navigable waters of the Captain of the Port Sector Hampton Roads zone,
as defined in 33 CFR 3.25-10, in the vicinity of the Appomattox River
in Hopewell, VA within 420 feet of position 37[deg]19'34'' N/
77[deg]16'00'' W (NAD 1983).
(b) Definitions. As used in this section, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Hampton Roads and the Sector Duty
Officer at Sector Hampton Roads in Portsmouth, Virginia can be
contacted at telephone number (757) 668-5555.
(4) The Captain of the Port Representative enforcing the safety
zone can be contacted on VHF-FM marine band radio, channel 13 (156.65
Mhz) and channel 16 (156.8 Mhz).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement Period. This rule will be enforced from 8 p.m. to 9
p.m. on December 6, 2008.
Dated: October 17, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-26523 Filed 11-5-08; 8:45 am]
BILLING CODE 4910-15-P
