Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 45875 

the control of mortality in freshwaterreared salmonids due to coldwater 

disease associated with Flavobacterium 

psychrophilum and for the control of 

mortality in freshwater-reared 

Oncorhynchus mykiss due to 

columnaris disease associated with 

Flavobacterium columnare. The 

supplemental NADA is approved as of 

July 6, 2008, and the regulations are 

amended in 21 CFR 558.450 to reflect 

the approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

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

Friday. 

Under section 573(c) of the Federal 

Food, Drug, and Cosmetic Act (the act) 

(21 U.S.C. 360ccc–2(c)), this 

supplemental approval qualifies for 7 

years of exclusive marketing rights 

beginning on the date of approval 

because the new animal drug has been 

declared a designated new animal drug 

by FDA under section 573(a) of the act. 

The agency has carefully considered 

the potential environmental impact of 

this action and has concluded that the 

action will not have a significant impact 

on the human environment and that an 

environmental impact statement is not 

required. FDA’s finding of no significant 

impact and the evidence supporting that 

finding, contained in an environmental 

assessment, may be seen in the Division 

of Dockets Management (HFA–305), 

Food and Drug Administration, 5630 

Fishers Lane, rm. 1061, Rockville, MD 

20852, between 9 a.m. and 4 p.m., 

Monday through Friday. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.450, in the table in 

paragraph (d)(5)(v), in the ‘‘Limitations’’

column, remove ‘‘; do not administer 

when water temperature is below 9 °C 

(48.2 °F)’’; redesignate paragraph 

(d)(5)(vi) as paragraph (d)(5)(vii); and 

add new paragraph (d)(5)(vi) to read as 

follows: 

§ 558.450 Oxytetracycline. 

* * * * * 

(d) * * * 

(5) * * * 

Oxytetracycline 

amount Indications for use Limitations Sponsor 

* * * * * * * 

(vi) 3.75 g/100 lb of 

fish/day 

1. Freshwater-reared salmonids: For control of 

mortality due to coldwater disease associated 

with Flavobacterium psychrophilum. 

Administer in mixed ration for 10 d; do not liberate 

fish or slaughter fish for food for 21 d following 

the last administration of medicated feed. 

066104 

2. Freshwater-reared Oncorhynchus mykiss: For 

control of mortality due to columnaris disease associated with Flavobacterium columnare. 

Administer in mixed ration for 10 d; do not liberate 

fish or slaughter fish for food for 21 d following 

the last administration of medicated feed. 

066104 

* * * * * * * 

Dated: July 28, 2008. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E8–18129 Filed 8–6–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0470] 

RIN 1625–AA11 

Regulated Navigation Area and Safety 

Zone, Chicago Sanitary and Ship 

Canal, Romeoville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is revising 

the dates and is reinstating a temporary 

regulated navigation area and safety 

zone on the Chicago Sanitary and Ship 

Canal near Romeoville, IL. This 

regulated navigation area and safety 

zone places navigational and 

operational restrictions on all vessels 

transiting through the electrical 

dispersal barrier IIA. 

DATES: This rule is effective from 

September 03, 2008 to October 15, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0470 and are available online at 

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 Lake 

Michigan, 2420 South Lincoln Memorial 

Drive, Milwaukee, Wisconsin 53207, 

between 8:30 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions regarding this rule 

call CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045. 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: 

Regulatory Information 

On July 2, 2008 we published a 

Temporary Final Rule (73 FR 37810). 

This Temporary Final Rule revises dates 

and reinstates the Temporary Final Rule 

published on July 2, 2008. 

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

Guard finds that good cause exists for 

not publishing an NPRM. This regulated 

navigation area and safety zone is being 

implemented to ensure continued safe 


rmajette on PRODPC74 with RULES
45876 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

navigation of commercial and 

recreational traffic. Accordingly, it 

requires immediate activation. 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 this rule would be contrary to 

the public interest of ensuring the safety 

of persons and vessels and immediate 

action is necessary to prevent possible 

loss of life or property. 

Background and Purpose 

The electrodes on the demonstration 

electrical dispersal barrier 1 located 

between Mile Markers 296.1 and 296.7 

of the Chicago Sanitary and Ship Canal 

are beginning to fail. This barrier was 

constructed to prevent Asian Carp from 

entering Lake Michigan through the 

Illinois River system by generating a 

low-voltage electric field across the 

canal. The Army Corps of Engineers 

intends to shutdown barrier 1 and begin 

the process of replacing the barrier 

electrodes which run across the bottom 

of the canal. Divers will be in the water 

and a barge-mounted crane will be 

operating during maintenance 

operations to barrier 1. Electrical 

dispersal barrier IIA located on the 

Chicago Sanitary and Ship Canal 270 

feet south of Mile Marker 296.1 to Mile 

Marker 296.7 will be in operation while 

repairs are being made to demonstration 

electrical dispersal barrier 1. Barrier IIA 

will operate continuously for a two 

week period before taking barrier 1 off 

line for electrode replacement. Electrical 

dispersal barrier IIA generates a more 

powerful electric field than barrier 1 

over a larger area within the Chicago 

Sanitary and Ship Canal. 

The Coast Guard and U.S. Army 

Corps of Engineers conducted field tests 

to ensure the continued safe navigation 

of commercial and recreational traffic 

across the barrier; however, results 

indicated an arcing risk and hazardous 

electrical discharges as vessels transited 

the barrier posing a serious risk to 

navigation through the barrier. To 

mitigate these risks, navigational and 

operational restrictions will be placed 

on all vessels transiting through the 

vicinity. Until the potential electrical 

hazards can be rectified, the Coast 

Guard will require vessels transiting the 

regulated navigation area to adhere to 

specified operational and navigational 

requirements. This regulation will be 43 

days in length to provide enough time 

for maintenance to be performed to the 

barrier. This type of maintenance has 

never been performed on Barrier I and 

therefore, an extended amount of time 

was requested in the event it is needed. 

Discussion of Rule 

This rule will suspend 33 CFR 

165.923 and place additional 

restrictions on all vessels transiting 

through electrical dispersal barrier IIA 

located on the Chicago Sanitary and 

Ship Canal from September 03, 2008 

until October 15, 2008. The regulated 

navigation area encompasses all waters 

of the Chicago Sanitary and Ship Canal 

270 feet south of the Romeo Road Bridge 

Mile Marker 296.1 to the south side of 

the Aerial Pipeline Mile Marker 296.7. 

The requirements placed on all vessels 

include: All up-bound and down-bound 

barge tows that contain one or more Red 

Flag barges transiting through the 

restricted navigation area must be 

assisted by a bow boat at least one mile 

above the restricted navigation area to at 

least one mile below the restricted 

navigation area. Red Flag barges are 

barges containing hazardous materials 

as identified by Commodity Codes: 

01 (Empty with previous hazardous 

material) 

20 (Petroleum and Petroleum 

Products) 

21 (Crude Petroleum) 

22 (Gasoline, Jet Fuel and Kerosene) 

23 (Distillate, Residual and other Fuel 

Oils; Lubricating Oils and Greases) 

24 (Petroleum Pitches, Coke Asphalt, 

Naphtha and Solvents) 

30 (Chemicals and Related Products) 

31 (Fertilizer-Nitrogenous, Potassic, 

Phosphatic and Others) 

32 (Organic Industrial Chemicals 

{Crude Products} from Coal, Tar, 

Petroleum and Natural Gas, Dyes, 

Organic Pigment Dying and Tanning 

Materials, Alcohols, Benzene; Inorganic 

Industrial Chemicals {Sodium 

Hydroxide}; Radioactive and Associated 

Materials; Drugs) 

The U.S. Army Corps of Engineers 

will contract bow boat assistance for 

barge tows containing one or more Red 

Flag barges. Information on how to 

contact the contractor for bow boat 

assistance will be provided to the public 

in a Broadcast Notice to Mariners. 

Towing assistance will be provided 

from at least one mile above the 

restricted navigation area to at least one 

mile below the restricted navigation 

area. 

This rule prohibits all vessels from 

loitering in the regulated navigation 

area. Vessels may enter the regulated 

navigation area for the sole purpose of 

transiting to the other side and must 

maintain headway throughout the 

transit. The rule also requires all 

personnel on open decks to wear a Coast 

Guard approved Type I personal 

flotation device while in the regulated 

navigation area. In addition, vessels may 

not moor or lay up on the right or left 

descending banks in the regulated 

navigation area; towboats may not make 

or break tows in the regulated 

navigation area; vessels may not pass 

(meet or overtake) in the regulated 

navigation area. All vessels must make 

a SECURITE call when approaching the 

barrier to announce intentions and work 

out passing arrangements on either side. 

Finally, commercial tows transiting the 

regulated navigation area must be made 

up with wire rope to ensure electrical 

connectivity between all segments of the 

tow. 

These restrictions are necessary for 

safe navigation of the regulated 

navigation area and to ensure the safety 

of vessels and their personnel as well as 

the public’s safety due to the electrical 

discharges noted during safety tests 

conducted by the U.S. Army Corps of 

Engineers. Deviation from this rule is 

prohibited unless specifically 

authorized by the Commander, Ninth 

Coast Guard District or his designated 

representative. The Commander, Ninth 

Coast Guard District will designate 

Captain of the Port Lake Michigan as his 

designated representative for the 

purposes of this rule. 

A temporary safety zone will be in 

place while repairs are being made to 

barrier 1. This temporary safety zone is 

necessary to ensure the safety of 

workers and vessels during maintenance 

operations to barrier 1 on the Chicago 

and Sanitary Ship Canal. 

The maintenance on barrier 1 will 

occur between 7 a.m., September 15, 

2008 and 5 p.m., October 15, 2008. The 

safety zone will be enforced from 7 a.m. 

to 12 p.m. and 1 p.m. to 5 p.m. on 

September 15, 2008 through October 15, 

2008. The safety zone will encompass 

all waters of the Chicago Sanitary Ship 

Canal from mile marker 296.1 to mile 

marker 296.7. 

The Captain of the Port will cause 

notice of enforcement of the safety zone 

established by this section to be made 

by all appropriate means to the affected 

segments of the public. Such means of 

notification will include, but is not 

limited to, Broadcast Notice to Mariners 

and Local Notice to Mariners. The 

Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone is terminated. 

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. 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 45877 

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 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

This determination is based on the 

fact that traffic will still be able to 

transit through the regulated navigation 

area and the minimal time that vessels 

will be restricted from the safety zone. 

The safety zone is an area where the 

Coast Guard expects insignificant 

adverse impact to mariners from the 

zones’ activation. 

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 would 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: 

The owners and operators of vessels 

intending to transit or anchor in a 

portion of the Chicago Sanitary Ship 

Canal from September 03, 2008 to 

October 15, 2008. 

This regulated navigation area and 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. Vessel traffic will be 

able to transit through the regulated 

navigation area. The U.S. Army Corps of 

Engineers will contract bow boat 

assistance for barge tows containing one 

or more Red Flag barges. Vessel traffic 

will only be limited for one five hour 

period and one four hour period each 

day the safety zone is in effect. In the 

event this temporary safety zone affects 

shipping, commercial vessels may 

request permission from the Captain of 

the Port Lake Michigan to transit 

through the safety zone. The Coast 

Guard will give notice to the public via 

a Broadcast Notice to Mariners that the 

regulation is in effect. 

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 the rule so that they 

could 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 CDR Tim 

Cummins, Deputy Prevention Division, 

Ninth Coast Guard District, 1240 East 

Ninth Street, Cleveland, OH 44199; 

216–902–6049. 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 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 would not result in 

such 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 concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

The Coast Guard recognizes the treaty 

rights of Native American Tribes. 

Moreover, the Coast Guard is committed 

to working with Tribal Governments to 

implement local policies and to mitigate 

tribal concerns. We have determined 

that these regulations and fishing rights 

protection need not be incompatible. 

We have also determined that 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. 

Nevertheless, Indian Tribes that have 

questions concerning the provisions of 

this rule or options for compliance are 

encouraged to contact the point of 

contact listed under FOR FURTHER

INFORMATION CONTACT. 

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 


rmajette on PRODPC74 with RULES
45878 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

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 

procedure; and related management 

system 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 made a preliminary 

determination, under the Instruction, 

that this action is not likely to have a 

significant effect on the human 

environment. A preliminary 

‘‘Environmental Analysis Check List’’

supporting this preliminary 

determination 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 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, 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. 

§ 165.923 [Suspended] 

■ 2. Section 165.923 is suspended from 

September 03, 2008 until October 15, 

2008. 

■ 3. A new temporary section 165.T09–

4002 is added as follows: 

§ 165.T09–4002 Temporary Regulated 

Navigation Area, Chicago Sanitary and Ship 

Canal, Romeoville, IL. 

(a) Regulated Navigation Area. The 

following is a Regulated Navigation 

Area: All waters of the Chicago Sanitary 

and Ship Canal, Romeoville, IL, 270 feet 

south of the Romeo Road Bridge Mile 

Marker 296.1 to the south side of the 

Aerial Pipeline Mile Marker 296.7. 

(b) Effective period. This section is 

effective from September 03, 2008 until 

October 15, 2008. 

(c) Definitions. The following 

definitions apply to this section: 

Designated representative means the 

Captain of the Port Lake Michigan. 

Red Flag barges means barges 

containing hazardous materials as 

identified by the following Commodity 

Codes: 

(1) 01 (Empty with previous 

hazardous material); 

(2) 20 (Petroleum and Petroleum 

Products); 

(3) 21 (Crude Petroleum); 

(4) 22 (Gasoline, Jet Fuel and 

Kerosene); 

(5) 23 (Distillate, Residual and other 

Fuel Oils; Lubricating Oils and Greases); 

(6) 24 (Petroleum Pitches, Coke 

Asphalt, Naphtha and Solvents); 

(7) 30 (Chemicals and Related 

Products); 

(8) 31 (Fertilizer-Nitrogenous, 

Potassic, Phosphatic and Others); and 

(9) 32 (Organic Industrial Chemicals 

{Crude Products} from Coal, Tar, 

Petroleum and Natural Gas, Dyes, 

Organic Pigment Dying and Tanning 

Materials, Alcohols, Benzene; Inorganic 

Industrial Chemicals {Sodium 

Hydroxide}; Radioactive and Associated 

Materials; Drugs) 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.13 

apply. 

(2) All up-bound and down-bound 

barge tows that contain one or more Red 

Flag barges transiting through the 

restricted navigation area must be 

assisted by a bow boat until the entire 

tow is clear of the expanded restricted 

navigation area boundaries. 

(i) Information on how to contact the 

contractor for bow boat assistance will 

be provided to the public in a Broadcast 

Notice to Mariners. 

(ii) Towing assistance will be 

provided from at least one mile above 

the restricted navigation area to as least 

one mile below the restricted navigation 

area. 

(3) All vessels are prohibited from 

loitering in the regulated navigation 

area. 

(4) Vessels may enter the regulated 

navigation area for the sole purpose of 

transiting to the other side, and must 

maintain headway throughout the 

transit. 

(5) All personnel on open decks must 

wear a Coast Guard approved Type I 

personal flotation device while in the 

regulated navigation area. 

(6) Vessels may not moor or lay up on 

the right or left descending banks of the 

regulated navigation area. 

(7) Towboats may not make or break 

tows in the regulated navigation area. 

(8) Vessels may not pass (meet or 

overtake) in the regulated navigation 

area and must make a SECURITE call 

when approaching the barrier to 

announce intentions and work out 

passing arrangements on either side. 

(9) Commercial tows transiting the 

regulated navigation area must be made 

up with wire rope to ensure electrical 

connectivity between all segments of the 

tow. 

(e) Compliance. All persons and 

vessels must comply with this section 

and any additional instructions of the 

Ninth Coast Guard District Commander, 

or his designated representative. 

■ 4. A new temporary section 165.T09–

4003 is added as follows: 

§ 165.T09–4003 Safety Zone; Chicago 

Sanitary and Ship Canal, Romeoville, IL. 

(a) Safety Zone. The following area is 

a temporary safety zone: All waters of 

the Chicago Sanitary and Ship Canal 

from mile marker 296.1 to 296.7. 

(b) Effective period. This regulation is 

effective from 7 a.m., September 15, 

2008, to 5 p.m., October 15, 2008. The 

safety zone will be enforced from 7 a.m. 

to 12 p.m. and 1 p.m. to 5 p.m. on 

September 15, 2008, through October 

15, 2008. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan, or 

his on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his onscene representative may be contacted 

via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 45879 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: July 29, 2008. 

Peter V. Neffenger, 

Rear Admiral, U.S. Coast Guard Commander, 

Ninth Coast Guard District. 

[FR Doc. E8–18078 Filed 8–6–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1030; FRL–8573–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Affirmative Defense 

Provisions for Malfunctions; Common 

Provisions Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado on 

August 1, 2007. This revision 

establishes affirmative defense 

provisions for source owners and 

operators for excess emissions during 

periods of malfunction. The affirmative 

defense provisions are contained in the 

State of Colorado’s Common Provisions 

regulation. The intended effect of this 

action is to approve only those portions 

of Colorado’s Common Provisions 

regulation submitted on August 1, 2007 

that relate to the affirmative defense for 

malfunctions. This action is being taken 

under section 110 of the Clean Air Act. 

DATES: This rule is effective on October 

6, 2008, without further notice, unless 

EPA receives adverse comment by 

September 8, 2008. If adverse comment 

is received, EPA will publish a timely 

withdrawal of this direct final rule in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

OAR–2007–1030, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: videtich.callie@epa.gov and 

komp.mark@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section if you are 

faxing comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P–

A, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–A, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2007–

1030. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA, without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, 1595 

Wynkoop Street, Mailcode: 8P–A, 

Denver, Colorado 80202–1129, (303) 

312–6022, komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Background of State Submittal 

III. EPA Analysis of State Submittal 

IV. Consideration of Section 110 (l) of the 

CAA 

V. Final Action 

VI. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Colorado 

mean the State of Colorado unless the 

context indicates otherwise. 

I. General Information 

A. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 


rmajette on PRODPC74 with RULES