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
44914 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 

Discussion of Rule 

This temporary rule will prohibit the 

entering, transiting, anchoring, or 

mooring of all vessels in a safety zone 

on Lake Washington. The safety zone 

includes all waters within a 1000 feet 

radius centered on the point 47°34′15′′ 

North latitude, 122°16′10′′ West 

longitude on Lake Washington. 

The Coast Guard, through this action, 

intends to promote the safety of 

personnel and vessels in the area. Entry 

into this zone by all vessels will be 

prohibited unless authorized by the 

Captain of the Port. This safety zone 

will be enforced by the U.S. Coast 

Guard. The Captain of the Port may be 

assisted in the enforcement of this safety 

zone by other federal, state, or local 

agencies. 

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 

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

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. This expectation is based on the 

fact that the regulated area established 

by the regulation would encompass a 

small area that should not significantly 

impact commercial or recreational 

traffic. For the above reasons, the Coast 

Guard does not anticipate any 

significant economic impact. 

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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit this portion 

of Lake Washington during the time this 

regulation is in effect. The zone will not 

have a significant economic impact due 

to its short duration and small area. 

Vessel traffic can safely pass around the 

safety zone. Before the effective period, 

we will issue maritime advisories to 

users of Lake Washington. Because the 

impacts of this rule are expected to be 

so minimal, the Coast Guard certifies 

under 605(b) of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) that 

this temporary rule will not have a 

significant economic impact on a 

substantial number of small entities. 

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 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44915 

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 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

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 under the Instruction 

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. An environmental 

analysis checklist 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, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends part 

165 of Title 33, Code of Federal 

Regulations, 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. From 8 p.m. until 11:59 p.m. (PDT) 

on August 2nd, 2008, a temporary 

section § 165.T13–054 is added to read 

as follows: 

§ 165.T13–054 Safety Zone: Lake 

Washington, WA. 

(a) Location. The following area is a 

safety zone: The waters within an area 

1000 feet radius centered on the point 

47°34′15′′ N, 122°16′10′′ W on Lake 

Washington, Washington. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no vessel may enter, 

transit, moor, or anchor within this 

safety zone, except for vessels 

authorized by the Captain of the Port or 

his designated representatives. 

(c) Enforcement Period. From 8 p.m. 

until 11:59 p.m. on August 2nd, 2008 

unless sooner cancelled by the Captain 

of the Port. 

Dated: July 22, 2008. 

Stephen P. Metruck, 

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

Port Puget Sound. 

[FR Doc. E8–17618 Filed 7–31–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2008–0336; FRL–8697–1] 

Approval and Promulgation of State 

Implementation Plans: Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to Idaho’s State 

Implementation Plan (SIP) relating to 

open burning and crop residue disposal 

requirements and visible emissions. The 

Director of the Idaho Department of 

Environmental Quality (IDEQ) 

submitted a draft SIP revision to the 

EPA on April 15, 2008. The EPA 

proposed to approve this draft SIP 

revision on April 29, 2008, and stated 

that, if adopted by the State 

substantially unchanged from its current 

form, it would satisfy the requirements 

of the Clean Air Act (hereinafter the Act 

or CAA). 73 FR 23155. The Director of 

the IDEQ submitted a final SIP revision 

to the EPA on May 28, 2008. Based on 

EPA’s review of this final SIP revision, 

EPA’s analysis and review of the 2008 

draft SIP revision (73 FR 23155), and 

comments received by the EPA during 

the public comment period on EPA’s 

proposed approval of the draft SIP 

revision, the EPA is approving the final 

SIP revision submitted by the IDEQ on 

May 28, 2008, because it satisfies the 

requirements of the CAA. 

The Director of the IDEQ also 

submitted a SIP revision relating to 

open burning and crop residue disposal 

requirements on May 22, 2003, which 

the EPA approved on July 11, 2005 (70 

FR 39658). In a ruling issued on January 

30, 2007, and amended on May 29, 

2007, that approval was remanded and 

vacated by the U.S. Court of Appeals for 

the 9th Circuit in Safe Air for Everyone 

v. USEPA, 475 F.3d 1096, amended 488 

F.3d 1088 (9th Cir 2007) (SAFE 

decision). In the EPA’s April 29, 2008, 

proposal discussed above, the EPA reproposed to approve the portion of the 

May 22, 2003, SIP revision that would 

not be changed by the draft SIP revision, 

if adopted, submitted on April 15, 2008. 

We are also finalizing our approval of 

this portion of the 2003 SIP revision 

because it satisfies the requirements of 

the Act and does not contravene the 

Court’s SAFE decision. 

DATES: This action is effective on 

September 2, 2008. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR–

2008–0336. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information 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 

EPA Region 10, Office of Air, Waste, 

and Toxics (AWT–107), 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen, (206) 553–6706, or by 

e-mail at deneen.donna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Judicial Review. Under section 

307(b)(1) of the CAA, judicial review of 

this final rule is available only by filing 

a petition for review in the U.S. Court 

of Appeals for the 9th Circuit by 

September 30, 2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Moreover, under CAA section 

307(b)(2), the requirements established 

by this final action may not be 

challenged separately in any civil or 

criminal proceedings brought to enforce 

these requirements. 


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