Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5749 

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 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. Revise § 117.714 to read as follows: 

§ 117.714 Corson Inlet. 

The draw of the Corson Inlet Bridge, 

mile 0.9, at Strathmere, shall open on 

signal; except that from October 1 

through May 15 from 10 p.m. to 6 a.m. 

and from 6 a.m. to 10 p.m. on December 

25 the draw need open only if at least 

two hours notice is given. 

■ 3. § 117.733 is amended by adding a 

new paragraph (i)(3) and revising 

paragraph (k) to read as follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(i) * * * 

(3) From 10 p.m. on December 24 

until 6 a.m. on December 26, the draw 

need open only if at least two hours 

notice is given. 

* * * * * 

(k) The draw of Two-Mile Bridge, 

mile 112.2, across Middle Thorofare in 

Wildwood Crest, shall open on signal 

except: 

(1) From 9:15 a.m. to 10:30 a.m. on 

the fourth Sunday in March of every 

year, the draw need not open for 

vessels. If the fourth Sunday falls on a 

religious holiday, the draw need not 

open for vessels from 9:15 a.m. to 10:30 

a.m. on the third Sunday of March of 

every year. 

(2) From 10:30 p.m. on December 24 

until 10:30 p.m. on December 26, the 

draw need open only if at least two 

hours notice is given. 

* * * * * 

■ 4. § 117.757 is revised to read as 

follows: 

§ 117.757 Townsend Inlet. 

The draw of Townsend Inlet Bridge, 

mile 0.3 in Avalon, shall open on signal 

except: 

(a) From 9:15 a.m. to 2:30 p.m. on the 

fourth Sunday in March of every year, 

the draw need not open for vessels. If 

the fourth Sunday falls on a religious 

holiday, the draw need not open from 

9:15 a.m. to 2:30 p.m. on the third 

Sunday of March of every year. 

(b) From 11 p.m. on December 24 

until 11 p.m. on December 25, the draw 

need open only if at least two hours 

notice is given. 

Dated: January 16, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E8–1764 Filed 1–30–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0169] 

RIN 1625–AA00 

Safety Zone: Trent River Between New 

Bern and James City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final Rule. 

SUMMARY: The Coast Guard will 

reinstate a safety zone on the waters of 

the Trent River between New Bern and 

James City, North Carolina in the 

vicinity of the U.S. Route 70 Highway 

Swing Bridge. This safety zone is 

necessary to provide for safety of life on 

navigable waters during the movement 

of bridge construction equipment from 

the southern end of the bridge 

construction project to the northern end 

of the project. 

DATES: This rule is effective from 

January 25, 2008 through February 28, 

2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2007–

0169 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: 

Commander Jennifer Williams, 

Prevention Department Head, United 

States Coast Guard Sector North 

Carolina at (252) 247–4570 or (252) 247–

4546. 

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), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The 

publishing of an NPRM would be 

impracticable and contrary to public 

interest since immediate action is 

needed to protect the maritime public 

from the hazards associated with this 

maintenance project. The necessary 

information to determine whether the 

construction poses a threat to persons 

and vessels was not provided with 

sufficient time to publish an NPRM. For 

the safety concerns noted, it is in the 

public interest to have this regulation in 

effect during the construction. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the public’s safety. 

Background and Purpose 

Originally, Balfour Beatty 

Infrastructure, Inc. planned to relocate 

construction equipment on Tuesdays, 

Wednesdays and Thursdays from 10 

a.m. to 2 p.m. from January 8, 2008 

through January 24, 2008. Balfour has 

since determined that they need another 

month to complete the project. For this 

reason, the Coast Guard is reinstating 

this regulation through February 28, 

2008. The construction will take place 

in the vicinity of the U.S. Route 70 

Highway Swing Bridge from James City, 

NC to New Bern, NC. To provide for the 

safety of the public, the Coast Guard 


pwalker on PROD1PC71 with RULES
5750 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 

will temporarily restrict access to this 

section of the Trent River during 

equipment relocation. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone that will extend 

from the Norfolk Southern Railroad 

Bridge and Union Point New Bern, NC 

to the U.S. Route 17 Highway Bridge at 

James City, NC. This zone will require 

mariners to avoid entry into the area. 

Entry into the zone will not be 

permitted except as specifically 

authorized by the Captain of the Port or 

his designated representative. The 

contractor originally underestimated the 

amount of time it would take to 

complete the project. This is why a 

reinstatement of the regulation through 

February 28, 2008 is necessary. 

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. The Coast Guard expects the 

economic impact of this rule to be so 

minimal that a full Regulatory 

Evaluation is unnecessary. 

Although this regulation will restrict 

access to the regulated area, the effect of 

this rule will not be significant because: 

(i) the safety zone will be in effect for 

a limited duration of time and (ii) 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 temporary final 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 temporary final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. Although the 

regulated area will apply to waters of 

the Trent River, the zone will not have 

a significant impact on small entities 

because the zone will only be in place 

for a limited duration of time and 

maritime advisories will be issued in 

advance to allow the public to adjust 

their plans accordingly. 

Assistance for Small Entities 

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 temporary final 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 would not result in 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This temporary final 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would not have a substantial 

direct effect on one or more Indian 

tribes, or on the relationship between 

the Federal Government and Indian 

tribes, or on the distribution of power 

and responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

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

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

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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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5751 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, 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. Under 

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

Instruction, an ‘‘Environmental Analysis 

Check List’’ 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. 

Regulation 

■ For the reasons set out 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. A temporary § 165.T05–901 is 

added to read as follows: § 165.T05–901 

Safety Zone: Trent River between New 

Bern and James City, North Carolina. 

(a) Regulated area: The following area 

is a safety zone: waters of the Trent 

River, from the Norfolk Southern 

Railroad Bridge and Union Point New 

Bern, NC to the U.S. Route 17 Highway 

Bridge at James City, NC, latitude 35°06′ 

N, longitude 77°02′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: Captain of the Port 

Representative any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port 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 or a Captain of the 

Port Representative. All vessel 

movement within the safety zone is 

prohibited except as specifically 

authorized by the Captain of the Port or 

a Captain of the Port Representative. 

The general requirements of § 165.23 

also apply to this regulation. 

(2) Persons or vessels requiring entry 

into or passage through any portion of 

the safety zone must first request 

authorization from the Captain of the 

Port, or his Representative, unless the 

Captain of the Port previously 

announced via Marine Safety Radio 

Broadcast on VHF Marine Band Radio 

channel 22 (157.1 MHz) that this 

regulation will not be enforced in that 

portion of the safety zone. The Captain 

of the Port can be contacted at telephone 

number (252) 247–4570 or (252) 247–

4546, or by radio on VHF Marine Band 

Radio, channels 13 and 16. 

(d) The Captain of the Port will notify 

the public of changes in the status of 

this zone by Marine Safety Radio 

Broadcast on VHF Marine Band Radio, 

Channel 22 (157.1 MHz). 

(e) Enforcement period: This rule is 

effective from 10:00 a.m. to 2:00 p.m. 

each Tuesday, Wednesday, and 

Thursday from January 25, 2008 through 

February 28, 2008. 

Dated: January 23, 2008. 

J.E. Ryan, 

Commander, U.S. Coast Guard, Captain of 

the Port, North Carolina. 

[FR Doc. 08–448 Filed 1–29–08; 9:57 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R07–RCRA–2006–0878; FRL–8523–2] 

Adequacy of Nebraska Municipal Solid 

Waste Landfill Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action approves 

Nebraska’s Research, Development and 

Demonstration (RD&D) permit program 

and updates to the approved Municipal 

Solid Waste Landfill Permit (MSWLP) 

program. On March 22, 2004, the EPA 

issued final regulations allowing RD&D 

permits to be issued to certain 

municipal solid waste landfills by 

approved States. On September 27, 

2006, Nebraska submitted an 

application to the EPA seeking Federal 

approval of its RD&D requirements and 

to update Federal approval of its 

MSWLP Program. On November 16, 

2006, the EPA published direct final 

and proposed rules to approve the 

application on January 16, 2007, if 

adverse comment was not received. EPA 

received adverse comment and 

withdrew the direct final rule on 

January 16, 2007. This action addresses 

the comment and approves the Nebraska 

application. 

DATES: This final determination is 

effective January 31, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–RCRA–2006–0878. All 

documents in the docket are listed on 

the http://www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Solid Waste/Pollution 

Prevention Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:00 to 4:30 excluding Federal holidays. 

The interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Chilton McLaughlin, EPA Region 7, 

Solid Waste/Pollution Prevention 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101, telephone (913) 

551–7666, or by e-mail at 

mclaughlin.chilton@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On March 22, 2004, the EPA issued 

final regulations allowing RD&D permits 

to be issued at certain municipal solid 

waste landfills (69 FR 13242). This new 

provision may only be implemented by 

an approved State. While States are not 

required to seek approval for this new 

provision, those States that are 

interested in providing RD&D permits to 

municipal solid waste landfills must 

seek approval from EPA before issuing 

such permits. The current request is for 

approval to issue RD&D permits. 

Nebraska received partial approval for 

40 CFR part 258 provisions on October 

5, 1993 (58 FR 51819). The provision 

that it received partial approval for did 

not include requirements for 

groundwater monitoring at small, arid 

landfills as required by an opinion by 

the United States Court of Appeals on 

February 12, 1992, which instructed 


pwalker on PROD1PC71 with RULES