24904 Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 

being hailed by a U.S. Coast Guard 

vessel via siren, radio, flashing light, or 

other means, the operator shall proceed 

as directed. 

(3) Commercial vessels may request 

permission from the Captain of the Port 

Buffalo to transit the safety zone. 

Approval will be made on a case-bycase basis. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Buffalo on Channel 16, VHF–FM. 

Dated: April 14, 2008. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. E8–10005 Filed 5–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0092] 

RIN 1625–AA00 

Safety Zone; Ybor Summer Weekly 

Fireworks—Ybor Turning Basin, 

Tampa Bay, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of Ybor Turning Basin, Tampa 

Bay, Florida. This rule is necessary to 

protect participants and spectators from 

the hazards associated with launching 

fireworks over the navigable waters of 

the United States. No person or vessel 

may anchor, moor, or transit the 

Regulated Area without permission of 

the Captain of the Port St. Petersburg, 

Florida. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 5, 2008 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0092 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: 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–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call BM1 Charles Voss at Coast 

Guard Sector St. Petersburg, (813) 228–

2191 Ext 8307. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

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–2008–0092), 

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, an 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 and 

material 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 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 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0092) 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 St. Petersburg, Prevention 

Department, 155 Columbia Drive, 

Tampa, Florida 33606–3598 between 

7:30 a.m. and 3:30 p.m., Monday 

through Friday, except Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

Downtown Tampa Attractions 

Association is sponsoring weekly 

summer fireworks displays at 

Channelside in Tampa, FL. The 

Fireworks display will be launched 

from a barge located within the Ybor 

Turning Basin beginning on the Sunday 

prior to Memorial Day, every Friday 

from June 6th until the last Friday of 

August, and concluding on the Sunday 

prior to Labor Day. The fireworks event 

is scheduled to commence at 9 p.m. 

local and will last approximately fifteen 

minutes. This proposed rule is needed 

to protect participant and spectator craft 

in the vicinity of the fireworks 

presentation from the hazards 

associated with the launching of 

fireworks. This safety zone is being 

established to ensure safety of life 

during the fireworks display. 

Discussion of Proposed Rule 

The proposed safety zone will 

encompass the following: All waters 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 24905 

from surface to bottom, within a 350- 

foot radius around the fireworks barge, 

within the Ybor Turning Basin, located 

in approximate position: 27°56′29′′ N, 

082° 26′ 43′′ W. Vessels would be 

prohibited from anchoring, mooring, or 

transiting within the safety zone, unless 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative. The safety zone will be 

effective from 8:30 p.m. through 9:45 

p.m. on May 25, August 31, and every 

Friday from June 6 through August 29, 

2008. The safety zone will commence 

approximately thirty minutes prior to 

the transit of the fireworks barge from 

Gulf Marine to the Ybor Turning Basin. 

This thirty minute period will enable 

Coast Guard and/or local law 

enforcement vessels to conduct a sweep 

of the zone to ensure that it is clear prior 

to the transit of the barge. The zone will 

be effective during the transit of the 

barge to the turning basin during the 

fireworks display and will conclude 

when the barge is moored at Gulf 

Marine. An additional thirty minute 

period has been added to account for 

possible delays of the fireworks display. 

Regulatory Evaluation 

This proposed 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 

The rule will only be effective for one 

hour and fifteen minutes during a time 

when vessel traffic is expected to be 

minimal. Moreover, vessels may still 

enter the safety zone with the express 

permission of the Captain of the port 

Sector St. Petersburg or a designated 

representative. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule may affect the 

following entities, some of which may 

be small entities: the owners or 

operators of vessels intending to transit 

Ybor Turning Basin. 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 enforced for a limited time 

when marine traffic is expected to be 

minimal; additionally traffic will be 

allowed to enter the zone with the 

permission of the Captain of the Port 

Sector St. Petersburg or his designated 

representative. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the office 

listed under FOR FURTHER INFORMATION

CONTACT. 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 proposed rule would call 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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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. 


jlentini on PROD1PC65 with PROPOSALS
24906 Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is not likely to have a 

significant effect on the human 

environment. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34) (g) of the Instruction, from further 

environmental documentation. A 

preliminary ‘‘Environmental Analysis 

Check List’’ is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191; 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. 

2. A new temporary section 165.T08–

0092 is added to read as follows: 

§ 165.T08–0092 Safety Zone; Ybor Summer 

Weekly Fireworks—Ybor Turning Basin, 

Tampa Bay, Florida. 

(a) Regulated area. The Coast Guard is 

establishing a temporary safety zone on 

the waters of Tampa Bay, Florida in the 

Ybor Turning Basin, that includes all 

the waters from surface to bottom, 

within a 350 foot radius of the fireworks 

barge located in approximate position: 

27°56′29′′ N, 082°26′43′′ W. All 

coordinates referenced use datum: NAD 

83. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 

and local officers designated by or 

assisting the Captain of the Port (COTP), 

St. Petersburg, Florida, in the 

enforcement of regulated navigation 

areas and safety and security zones. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, no person or vessel may 

anchor, moor, or transit the Regulated 

Area without permission of the Captain 

of the Port St. Petersburg, Florida, or his 

designated representative. The Coast 

Guard will issue broadcast notice to 

mariners to advise mariners of this rule. 

(d) Effective Period. This rule will be 

effective during the fireworks 

demonstrations which will take place 

from 8:30 p.m. through 9:45 p.m. on 

May 25, August 31, and every Friday 

from June 6 through August 29, 2008. A 

designated representative will be onscene while the zone is enforced. 

(e) Dates. This rule is in effect from 

8:30 p.m. on May 25 through 9:45 p.m. 

on August 31, 2008. 

Dated: March 25, 2008. 

J.A. Servidio, 

Captain, U.S. Coast Guard, Captain of the 

Port, St. Petersburg, Florida. 

[FR Doc. E8–10002 Filed 5–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 544 

[Docket No.: NHTSA–2008–0055] 

RIN 2127–AK30 

Insurer Reporting Requirements; List 

of Insurers Required To File Reports 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend Appendices A and C of 49 CFR 

Part 544, Insurer Reporting 

Requirements. The appendices list those 

passenger motor vehicle insurers that 

are required to file reports on their 

motor vehicle theft loss experiences. An 

insurer included in any of these 

appendices would be required to file 

three copies of its report for the 2005 

calendar year before October 25, 2008. 

If the passenger motor vehicle insurers 

remain listed, they must submit reports 

by each subsequent October 25. We are 

proposing to add and remove several 

insurers from relevant appendices. 

DATES: Comments must be submitted 

not later than July 7, 2008. Insurers 

listed in the appendices are required to 

submit reports on or before October 25, 

2008. 

ADDRESSES: You may submit comments, 

identified by DOT Docket No. NHTSA–

2007–0055 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the Supplementary Information section 

of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the street 


jlentini on PROD1PC65 with PROPOSALS