Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations 5095 

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 

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 because this rule 

involves drawbridge regulations. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction, from further 

environmental documentation. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard temporarily 

amends 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. From 8 a.m. on January 7, 2008 

through 5 p.m. on February 21, 2008, 

temporarily designate the regulatory text 

in § 117.559 as paragraph (a), 

temporarily suspend newly designated 

paragraph (a), and temporarily add 

paragraph (b) to read as follows: 

§ 117.559 Isle of Wight Bay. 

* * * * * 

(b) From 8 a.m. on January 7, 2008 

through 5 p.m. on February 21, 2008, 

the draw of the U.S. 50 Bridge, mile 0.5, 

at Ocean City, need not be opened. 

Dated: 16 January 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. E8–1567 Filed 1–28–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

Drawbridge Operation Regulations 

CFR Correction 

In Title 33 of the Code of Federal 

Regulations, Parts 1 to 124, revised as of 

July 1, 2007, in part 117, under 

ILLINOIS, on page 587, reinstate 

§ 117.397 to read as follows: 

§ 117.397 Wabash River. 

The draws of each bridge across the 

Wabash River shall open on signal if at 

least 72 hours notice is given. 

[FR Doc. 08–55502 Filed 1–28–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2008–0005] 

RIN 1625–AA87 

Security Zone; Potomac and Anacostia 

Rivers, Washington, DC and Arlington 

and Fairfax Counties, VA 

AGENCY: Coast Guard, DHS 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone, 

encompassing certain waters of the 

Potomac River and Anacostia River, for 

the 2008 State of the Union Address. 

This action is necessary to safeguard the 

public and high-ranking public officials 

from 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 8 a.m. 

on January 28, 2008, through 8 a.m. on 

January 29, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0005 and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

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. 

FOR FURTHER INFORMATION CONTACT: 

Ronald L. Houck, Waterways 

Management Division, at (410) 576–

2674. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing an NPRM 

and 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 State of 

the Union Address a National Special 

Security Event (NSSE). The Coast Guard 

is establishing this security zone to 

support the United States Secret 

Service, the designated lead federal 

agency for an NSSE, 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. 


rwilkins on PROD1PC63 with RULES
5096 Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations 

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 awarness 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 that a terrorist 

attack against a gathering of highranking United States officials at or near 

the U.S. Capitol Building would have. 

This temporary security zone of 24-hour 

duration is necessary to provide for the 

security of high-ranking United States 

officials and the public at large. 

Discussion of the Rule 

The 2008 State of the Union Address 

is scheduled for the evening of January 

28 in Washington, D.C. This temporary 

security zone applies to all waters of the 

Potomac River, from the Woodrow 

Wilson Memorial Bridge upstream to 

the Key Bridge, including the waters of 

the Anacostia River downstream from 

the Highway 50 Bridge to the 

confluence with the Potomac River, 

including the waters of the Georgetown 

Channel Tidal Basin. This rule is 

effective from 8 a.m. on January 28, 

2008, through 8 a.m. on January 29, 

2008. 

Vessels underway at the time this 

security zone is implemented must 

immediately proceed out of the zone. 

We will issue written and broadcast 

Notices to Mariners to further publicize 

the security zone and any revisions to 

the zone. 

Except for Public vessels and vessels 

at berth, mooring or at anchor, this rule 

temporarily requires all vessels in the 

designated security zone as defined by 

this rule to 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 will affect the following 

entities, some of which may be small 

entities: the owners of operators of 

vessels intending to operate, transit or 

anchor on the Potomac River, from the 

Woodrow Wilson Memorial Bridge 

upstream to the Key Bridge, including 

the waters of the Anacostia River 

downstream from the Highway 50 

Bridge to the confluence with the 

Potomac River, including the waters of 

the Georgetown Channel Tidal Basin, 

from 8 a.m. on January 28, 2008 through 

8 a.m. on January 29, 2008. This 

security 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, 

vessels may seek permission from the 

Captain of the Port Baltimore to enter 

and transit the zone. 

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 the rule so that they 

could better evaluate its effects on them. 

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 Sate 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 section 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. 


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Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations 5097 

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 

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 

Commandant Instruction M16475.1D 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded 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. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘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, 

Vessels, 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(g), 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 temporary § 165.T05–001 to 

read as follows: 

§ 165.T05–001 Security Zone; Potomac 

and Anacostia Rivers, Washington, DC and 

Arlington and Fairfax Counties, VA 

(a) Definitions. For the purposes of 

this section, designated representative 

means the Commander, U.S. Coast 

Guard Sector Baltimore, Maryland, and 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Baltimore to act as a designated 

representative on his behalf. 

(b) Location. The following area is a 

security zone: All waters of the Potomac 

river, from shoreline to shoreline, 

bounded by the Woodrow Wilson 

Memorial Bridge upstream to the Key 

Bridge, and all waters of the Anacostia 

River, from shoreline to shoreline, 

downstream from the Highway 50 

Bridge to the confluence with the 

Potomac River, including the waters of 

the Georgetown Channel Tidal Basin. 

(c) Regulations. (1) The general 

regulations governing security zones 

found in § 165.33 of this part apply to 

the security zone described in paragraph 

(b) of this section. 

(2) Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port Baltimore or his designated 

representative. Except for Public vessels 

and vessels at berth, mooring or at 

anchor, all vessels in this zone must 

depart the security zone. 

(3) Persons desiring to transit the area 

of the security zone must first obtain 

authorization from the Captain of the 

Port Baltimore. To seek permission to 

transit the area, the Captain of the Port 

Baltimore can be contacted at telephone 

number (410) 576–2693. The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio, 

VHF–FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light, or 

other means, the operator of a vessel 

shall proceed as directed. If permission 

is granted, all persons and vessels must 

comply with the instructions of the 

Captain of the Port Baltimore and 

proceed at the minimum speed 

necessary to maintain a safe course 

while within the zone. 

(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 section 

will be enforced from 8 a.m. on January 

28, 2008, through 8 a.m. on January 29, 

2008. 

Dated: January 10, 2008. 

Brian D. Kelley, 

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

Port, Baltimore, Maryland. 

[FR Doc. 08–387 Filed 1–24–08; 4:42 pm] 

BILLING CODE 4910–15–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2007–0963; A–1–FRL–

8522–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Ozone Maintenance Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine, that 

includes four separate 8-hour ozone 

maintenance plans. The Clean Air Act 

requires that areas that are designated 

attainment for the 8-hour ozone 

standard, and also had been previously 

designated either nonattainment or 

maintenance for the 1-hour ozone 

standard, develop a plan showing how 

the state will maintain the ozone 

standard for the area. Maine’s 

maintenance plans include an emissions 

inventory, a plan for how the state will 

demonstrate and track progress of 

continued maintenance of the standard, 

a commitment to continue ozone 

monitoring, and a contingency plan that 


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