Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44911 

FDC date State City Airport FDC 

No. Subject 

07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ................................... 8/7890 NDB RWY 33, AMDT 4. 

07/21/08 ...... FL ORLANDO ....................... ORLANDO INTL .................................. 8/8597 RNAV (GPS) RWY 17L, ORIG–

A. 

07/21/08 ...... FL ORLANDO ....................... ORLANDO INTL .................................. 8/8598 ILS OR LOC RWY 17L, ORIG–A. 

07/21/08 ...... CA SAN DIEGO/EL CAJON GILLESPIE FIELD ............................... 8/8677 LOC–D, AMDT 10A. 

05/31/08 ...... MT GREAT FALLS ................ GREAT FALLS INTL ............................ 8/9063 NDB RWY 34, AMDT 16A THIS 

NOTAM PUBLISHED IN TL 

08–15 IS HEREBY RESCINDED. 

05/31/08 ...... IN RICHMOND ..................... RICHMOND MUNI ............................... 8/9127 VOR OR GPS RWY 6, AMDT 

11A. THIS NOTAM PUBLISHED IN TL 08–15 IS 

HEREBY RESCINDED IN ITS 

ENTIRETY. 

[FR Doc. E8–17619 Filed 7–31–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0720] 

RIN 1625–AA00 

Safety Zone; Bollotta & Associates 

USS Midway Fireworks Display; San 

Diego Harbor, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, on the 

navigable waters of the San Diego Bay 

in support of the Bollotta & Associates 

USS Midway Fireworks Display. This 

safety zone is necessary to provide for 

the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 10 p.m. on August 2, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0720 and are available online at 

http://www.regulations.gov. They are 

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 U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Kristen Beer, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7233. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it was 

impracticable since the logistical details 

of the fireworks show was not finalized 

nor presented to the Coast Guard in 

enough time to draft and publish an 

NPRM. As such, the event would occur 

before the rulemaking process was 

complete. 

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. The issuance of the final 

approval and permitting was so recent 

that in order for the rule to be in effect 

at the time of the fireworks display it is 

necessary that the rule be made effective 

less than 30 days after publication. In 

addition, it would be contrary to the 

public interest not to publish this rule 

due to protection from inherent dangers 

to the crew and public that are present 

from a fireworks display. 

Background and Purpose 

Fireworks & Stage FX America, Inc. is 

sponsoring the Bollotta & Associates 

USS Midway Fireworks Display, a 

fireworks presentation from an 

anchored barge located 250 yards from 

the USS Midway. The safety zone will 

be an area consisting of a 200 yard 

radius around the barge. This safety 

zone is necessary to provide for the 

safety of the crew, spectators, vessels 

and other users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

9:30 p.m. to 10 p.m. on August 2, 2008. 

The limits of the safety zone will be an 

area consisting of a 200 yard radius 

around the anchored barge located at 

approximately 32°42′48′′ N, 117°10′43′′ 

W. 

The safety zone is necessary to 

provide for the safety of the crews, 

spectators, and other vessels and users 

of the waterway. Persons and vessels 

will be prohibited from entering into, 

transiting through, or anchoring within 

this safety zone unless authorized by the 

Captain of the Port, or his designated 

representative. 

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 


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44912 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 

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. 

This determination is based on the 

size and location of the safety zone. 

Commercial and recreational vessels 

will not be hindered by the safety zone. 

Vessels will not be allowed to transit 

through the designated safety zone 

during the specified times, however, 

vessel traffic can pass safely around the 

safety 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 or operators of 

vessels intending to transit or anchor in 

a portion of the San Diego Bay from 9:30 

p.m. to 10 p.m. on August 2, 2008. 

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 

in effect for only one half hour late in 

the day when vessel traffic is low. 

Vessel traffic can pass safely around the 

safety zone. Before the effective period, 

the Coast Guard will publish a local 

notice to mariners (LNM) and will issue 

broadcast notice to mariners (BNM) 

alerts via marine channel 16 VHF before 

the safety zone is enforced. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

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 

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 

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 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44913 

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. A final 

environmental analysis checklist 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. 

Words of Issuance and Proposed 

Regulatory Text 

■ 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. A new temporary safety zone 

§ 165.T11–074: 

§ 165.T11–074 Safety zone; Bollotta & 

Associates USS Midway Fireworks Display; 

San Diego Harbor, San Diego, CA. 

(a) Location. The limits of the 

proposed safety zone would be an area 

consisting of a 200 yard radius around 

an anchored barge located at 

approximately 32°42′48′′ N, 117°10′63′′ 

W. 

(b) Enforcement Period. This section 

will be enforced from 9:30 p.m. to 10 

p.m. on August 2, 2008. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: July 22, 2008. 

T.H. Farris, 

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

Port Sector San Diego. 

[FR Doc. E8–17608 Filed 7–31–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0732] 

RIN 1625–AA00 

Safety Zone; Seafair Fireworks, Lake 

Washington, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Lake Washington, WA 

during Seattle’s Seafair Fireworks show. 

This safety zone is necessary to ensure 

the safety of recreational and 

commercial boaters in the area during 

the fireworks show on August 2nd, 

2008. Entry into, transit through, 

mooring, or anchoring within this zone 

is prohibited unless authorized by the 

Captain of the Port, Puget Sound or his 

designated representatives. 

DATES: This rule is effective from 8 p.m. 

until 11:59 p.m. (PDT) on August 2nd, 

2008. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2008–

0732 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 

Waterways Management Division, Coast 

Guard Sector Seattle, 1519 Alaskan Way 

South, Seattle, WA 98134, between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Ensign Heidi Bevis, c/o 

Captain of the Port Puget Sound, 1519 

Alaskan Way South, Seattle, 

Washington 98134, (206) 217–6002. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of the 

fireworks on the date and times this rule 

will be in effect and delay would be 

contrary to the public interest. 

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 public safety. 

Background and Purpose 

The Coast Guard is establishing a 

temporary safety zone to provide for the 

safety of boaters during Seattle’s Seafair 

Fireworks Show. The Coast Guard is 

establishing this zone to protect vessels 

and persons from the hazards associated 

with the fallout of burning embers that 

will be generated by the fireworks. The 

safety zone is also intended to protect 

boaters from the hazards associated with 

excessive vessel congestion associated 

with Seafair’s activities. The safety zone 

is needed to keep vessels out of the 

affected area during the show. 


rfrederick on PROD1PC67 with RULES