Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 20797 

comparable employees receive the same 

amount or the same percentage for the 

calendar year. Also, an employer that 

accelerates contributions to the HSAs of 

its employees will not fail to satisfy the 

comparability rules because an 

employee who terminates employment 

prior to the end of the calendar year has 

received more contributions on a 

monthly basis than employees who 

work the entire calendar year. An 

employer is not required to contribute 

reasonable interest on either accelerated 

or non-accelerated HSA contributions. 

But see Q & A–6 and Q & A–12 of this 

section for when reasonable interest 

must be paid. 

Q–16: What is the effective date for 

the rules in Q & A–14 and Q & A–15 of 

this section? 

A–16: These regulations apply to 

employer contributions made for 

calendar years beginning on or after 

January 1, 2009. 

Approved: April 10, 2008. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E8–8214 Filed 4–16–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0114] 

RIN 1625–AA87 

Security Zone; Anacostia River, 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing certain waters of the 

Anacostia River in order to safeguard 

high-ranking public officials from 

terrorist acts and incidents. This action 

is necessary to ensure the safety of 

persons and property, and prevent 

terrorist acts or incidents. This rule 

prohibits vessels and people from 

entering the security zone and requires 

vessels and persons in the security zone 

to depart the security zone, unless 

specifically exempt under the 

provisions in this rule or granted 

specific permission from the Coast 

Guard Captain of the Port Baltimore. 

DATES: This rule is effective from 7:30 

a.m. through 2 p.m. on April 17, 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–2008–0114 and are 

available online at http:// 

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 

Commander, U.S. Coast Guard Sector 

Baltimore, 2401 Hawkins Point Road, 

Building 70, Waterways Management 

Division, Baltimore, Maryland 21226–

1791 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Ronald Houck, at Coast Guard Sector 

Baltimore, Waterways Management 

Division, at telephone number (410) 

576–2674 or (410) 576–2693. 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 March 7, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Security Zone; Anacostia 

River, Washington, DC’’ in the Federal 

Register (73 FR 12318). We received one 

letter, with an attached photo, 

commenting on the proposed rule. 

Based on this comment, no changes 

were made to 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. It would be contrary to public 

interest to delay the effective date of this 

rule. 

The Department of Homeland 

Security designated the 2008 Papal 

Visits in the United States as Special 

Events Awareness Report (SEAR) Level 

II. The Coast Guard is establishing this 

security zone to support the United 

States Secret Service, the designated 

lead federal agency for the events, in 

their efforts to coordinate security 

operations and establish a secure 

environment for this highly visible and 

publicized event. 

The measures contemplated by the 

rule are intended to protect the public 

and high-ranking public officials by 

preventing waterborne acts of terrorism, 

which terrorists have demonstrated a 

capability to carry out. Immediate action 

is needed to defend against and deter 

these terrorist acts. 

Background and Purpose 

The ongoing hostilities in Afghanistan 

and Iraq have made it prudent for U.S. 

ports and waterways to be on a higher 

state of alert because the al Qaeda 

organization and other similar 

organizations have declared an ongoing 

intention to conduct armed attacks on 

U.S. interests worldwide. Due to 

increased awareness that future terrorist 

attacks are possible the Coast Guard, as 

lead federal agency for maritime 

homeland security, has determined that 

the Coast Guard Captain of the Port 

must have the means to be aware of, 

deter, detect, intercept, and respond to 

asymmetric threats, acts of aggression, 

and attacks by terrorists on the 

American homeland while still 

maintaining our freedoms and 

sustaining the flow of commerce. This 

security zone is part of a comprehensive 

port security regime designed to 

safeguard human life, vessels, and 

waterfront facilities against sabotage or 

terrorist attacks. 

The Captain of the Port Baltimore is 

establishing a security zone to address 

the aforementioned security concerns 

and to take steps to prevent the 

catastrophic impact of a terrorist attack 

against a large number of participants, 

and the surrounding waterfront area and 

communities, in Washington, DC. This 

temporary security zone applies to all 

waters of the Anacostia River, from 

shoreline to shoreline, from a line 

connecting the following points, 

beginning at 38°51′50′′ N, 077°00′41′′ W 

thence to 38°51′44′′ N, 077°00′26′′ W, 

upstream to the Officer Kevin J. Welsh 

Memorial (11th Street) Bridge. Although 

interference with normal port 

operations will be kept to the minimum 

considered necessary to ensure the 

security of life and property on the 

navigable waters immediately before, 

during, and after the scheduled event, 

this zone will help the Coast Guard to 

prevent vessels or persons from 

bypassing security measures for the 

event established and engaging in 

terrorist actions against a large number 

of participants during the highlypublicized event. 

Discussion of Comments and Changes 

The Coast Guard received one 

comment in response to the NPRM. No 

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20798 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 

public meeting was requested and none 

was held. 

The commenter, the developer of a 

piece of equipment that can be preattached to any standard fire hydrant, 

stated that such an item could quickly 

be activated to decontaminate or cool 

many people by providing ‘‘a ring of 

potential showers around the stadium 

while the Pope is there.’’

We did not make any changes from 

the proposed rule which involves a 

security zone on the Anacostia River 

based on this comment. We did, 

however, revise paragraph (b)(1) of the 

regulatory text to reflect what we stated 

in the preamble of the NPRM, that 

except for Public vessels and vessels at 

berth, mooring or at anchor, all vessels 

in this zone must depart the security 

zone. 

Regulatory Evaluation 

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. 

There is little seasonal vessel traffic 

associated with recreational boating and 

commercial fishing during the effective 

period, and vessels may seek permission 

from the Captain of the Port Baltimore 

to enter and transit the zone. 

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 would affect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit, operate or 

anchor in a portion of the Anacostia 

River, from shoreline to shoreline, from 

a line connecting the following points, 

beginning at 38°51′50′′ N, 077°00′41′′ W 

thence to 38°51′44′′ N, 077°00′26′′ W, 

upstream to the Officer Kevin J. Welsh 

Memorial (11th Street) Bridge, from 7:30 

a.m. through 2 p.m. on April 17, 2008. 

Although the security zone applies to 

the entire width of the river, this zone 

will not have a significant economic 

impact on a substantial number of small 

entities due to a lack of seasonal vessel 

traffic associated with recreational 

boating and commercial fishing during 

the effective period. Also, before the 

effective period, we would issue 

maritime advisories widely available to 

users of the Anacostia River, and vessels 

may seek permission from the Captain 

of the Port Baltimore to enter and transit 

the security zone. 

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 

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Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Rules and Regulations 20799 

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. This rule establishes a 

security 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 in 33 CFR Part 165 

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: 

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, 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. 

■ 2. Add § 165.T08–012 to read as 

follows: 

§ 165.T08–012 Security Zone; Anacostia 

River, Washington, DC. 

(a) Location. The following area is a 

security zone: All waters of the 

Anacostia River, from shoreline to 

shoreline, from a line connecting the 

following points, beginning at 38°51′50′′ 

N, 077°00′41′′ W thence to 38°51′44′′ N, 

077°00′26′′ W, upstream to the Officer 

Kevin J. Welsh Memorial (11th Street) 

Bridge. These coordinates are based 

upon North American Datum 1983. 

(b) Regulations. (1) Entry into the 

security zone described in paragraph (a) 

of this section is prohibited unless 

authorized by the Coast Guard Captain 

of the Port, Baltimore. Except for Public 

vessels and vessels at berth, mooring or 

at anchor, all vessels in this zone must 

depart the security zone. 

(2) Persons desiring to transit the area 

of the security zone may contact the 

Captain of the Port at telephone number 

410–576–2693 or on VHF channel 16 

(156.8 MHz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his or her designated 

representative. 

(3) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the security zone by Federal, State 

and local agencies. 

(c) Effective period. This section is 

effective from 7:30 a.m. through 2 p.m. 

on April 17, 2008. 

Dated: April 10, 2008. 

Brian D. Kelley, 

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

Port, Baltimore, Maryland. 

[FR Doc. 08–1146 Filed 4–15–08; 9:31 am] 

BILLING CODE 4910–15–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–38 

[FMR Amendment 2008–05; FMR Case 

2007–102–2; Docket FMR–2008–0001; 

Sequence 2] 

RIN 3090–AI33 

Federal Management Regulation; FMR 

Case 2007–102–2, Sale of Personal 

Property-Federal Asset Sales (eFAS) 

Sales Centers 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

adding provisions for the sale of 

personal property through Federal Asset 

Sales (eFAS) Sales Centers. 

DATES: Effective Date: This rule is 

effective on April 17, 2008. 

Compliance Date: For agencies 

already tasked by the Office of 

Management and Budget (OMB) to meet 

e-Government milestones related to this 

eFAS initiative, you must comply by 

April 17, 2008. 

All other agencies must comply with 

the e-Government milestones identified 

in section 102–38.360 by July 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Personal 

Property Management Policy, at (202) 

501–3828, or e-mail at 

robert.holcombe@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat, Room 4035, GS Building, 

Washington, DC 20405, (202) 501–4755. 

Please cite FMR Amendment 2008–05, 

FMR Case 2007–102–2. 

SUPPLEMENTARY INFORMATION: 

A. Background 

A proposed rule was published in the 

Federal Register on April 3, 2007 (72 FR 

15854) soliciting comments on proposed 

changes to 41 CFR part 102–38. 

Nineteen individuals, agencies, or 

entities provided comments. Many of 

those providing comments had multiple 

statements, questions, or concerns. After 

reviewing the comments, and 

recognizing that the milestones listed in 

Subpart H were inconsistent with the 

eFAS e-Government milestones, that 

section is being revised to refer to the 

eFAS initiative milestones, which have 

been developed between the Office of 

Management and Budget, the eFAS 

Planning Office, and agency 

representatives over the past year. These 

milestones are available to the public 

via GSA’s Web site at http:// 

www.gsa.gov/govsalesmilestones. 

The second major change from the 

proposed rule is to address comments 

from the public that there is a 

perception that this e-Government 

initiative will make agencies choose less 

effective sales solutions in order to 

migrate to an approved Sales Center 

(SC). Section 102–38.360 is rewritten to 

further emphasize that agencies should 

identify sales solutions which are more 

effective than those solutions offered by 

approved Sales Centers by submitting a 

waiver to the eFAS Planning Office. 

GSA foresees granting temporary 

waivers for agencies to use these more 

effective solutions until either the sales 

solutions are approved as Sales Centers, 

or the agency migrates to an approved 

Sales Center as quickly as practicable. It 

is not the intent of the eFAS initiative 

nor this regulation to make agencies 

migrate away from effective sales 

solutions. The intent is to identify the 

best sales solutions for Federal assets, 

and to make these assets visible to the 

mstockstill on PROD1PC66 with RULES