46200 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

United States, or by a State or political 

subdivision thereof. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated representative. 

(2)(i) These safety zones are closed to 

all vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated representative. 

(ii) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(iii) Upon being hailed by the U.S. 

Coast Guard by siren, radio, flashing 

light or other means, the operator of a 

vessel shall proceed as directed. 

(3)(i) All vessels must obtain 

permission from the Captain of the Port 

or his designated representative to enter, 

move within, or exit the safety zone 

established in this section when this 

safety zone is enforced. 

(ii) Vessels and persons granted 

permission to enter the safety zone must 

obey all lawful orders or directions of 

the Captain of the Port or a designated 

representative. 

(iii) While within a safety zone, all 

vessels must operate at the minimum 

speed necessary to maintain a safe 

course. 

(d) Exemption. Public vessels, as 

defined in paragraph (b) of this section, 

are exempt from the requirements in 

this section. 

(e) Waiver. For any vessel, the Captain 

of the Port Detroit or his designated 

representative may waive any of the 

requirements of this section, upon 

finding that operational conditions or 

other circumstances are such that 

application of this section is 

unnecessary or impractical for the 

purposes of public or environmental 

safety. 

(f) Notification. The Captain of the 

Port Detroit will notify the public that 

the safety zones in this section are or 

will be enforced by all appropriate 

means to the affected segments of the 

public including publication in the 

Federal Register as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification may also include, 

but are not limited to Broadcast Notice 

to Mariners or 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 established by this section is 

cancelled. 

Dated: July 11, 2008. 

F.M. Midgette, 

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

Port Detroit. 

[FR Doc. E8–18095 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0801] 

Security Zone, Mackinac Bridge and 

Straits of Mackinac, Mackinaw City, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Mackinac Bridge Walk security zone 

on the Straits of Mackinac from 6 a.m. 

through 11:59 p.m. on September 1, 

2008. This action is necessary to protect 

pedestrians during the event from an 

accidental or intentional vessel-tobridge collision. During the enforcement 

period, navigational and operational 

restrictions will be placed on all vessels 

transiting through the Straits area, under 

and around the Mackinac Bridge, 

located between Mackinaw City, MI, 

and St. Ignace, MI. All vessels must 

obtain permission from the Captain of 

Port Sault Ste. Marie (COTP) or a 

Designated Representative to enter or 

move within the security zone. 

DATES: The regulations in 33 CFR 

165.928 will be enforced from 6 a.m. 

through 11:59 p.m. on September 1, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Christopher R. Friese, Prevention 

Dept. Chief, Sector Sault Ste. Marie, 337 

Water St., Sault Ste. Marie, MI 49783; 

(906) 635–3220. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the security zone for 

the annual Labor Day Mackinac Bridge 

Walk in 33 CFR 165.928 on September 

1, 2008, from 6 a.m. to 11:59 p.m. 

Under provisions of 33 CFR 165.928, 

a vessel may not enter or move with the 

regulated area, unless it receives 

permission from the COTP or a 

Designated Representative as defined in 

33 CFR 165.928(a)(1). The Coast Guard 

may be assisted by other Federal, State, 

or local law enforcement agencies in 

enforcing this regulation. 

This notice is issued under the 

authority of 33 CFR 165.928 and 5 

U.S.C. 552(a). In addition to this notice 

in the Federal Register, the Coast Guard 

will provide the maritime community 

with advance notification of this 

enforcement period via a Local 

Broadcast Notice to Mariners. 

Dated: July 31, 2008. 

M.J. Huebschman, 

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

Sault Ste. Marie. 

[FR Doc. E8–18349 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0189; FRL–8702–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Section 110(a)(1) 8-Hour 

Ozone Maintenance Plan and 2002 

Base-Year Inventory for the Schuylkill 

County Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a SIP revision 

consisting of a maintenance plan that 

provides for continued attainment of the 

8-hour ozone national ambient air 

quality standard (NAAQS) for at least 10 

years after the April 30, 2004, 

designations, as well as a 2002 base-year 

inventory for the Schuylkill County 

Area. EPA is approving the maintenance 

plan and the 2002 base-year inventory 

for the Schuylkill County Area as 

revisions to the Pennsylvania SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on September 8, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0189. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 

www.regulations.gov or in hard copy for 

public inspection during normal 


rfrederick on PRODPC74 with RULES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 46201 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environment Protection, 

Bureau of Air Quality Control, P.O. Box 

8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Linden, (215) 814–2096, or by 

e-mail at linden.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 5, 2008 (73 FR 31947), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of 

Pennsylvania’s SIP revision that 

establishes a maintenance plan for the 

Schuylkill County Area that provides 

for continued attainment of the 8-hour 

ozone NAAQS for at least 10 years after 

designation, and a 2002 base-year 

emissions inventory. The formal SIP 

revisions were submitted by PADEP on 

December 17, 2007. Other specific 

requirements of Pennsylvania’s SIP 

revision and the rationales for EPA’s 

proposed actions are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

II. Final Action 

EPA is approving the maintenance 

plan and the 2002 base-year inventory 

for the Schuylkill County Area, 

submitted on December 17, 2007, as 

revisions to the Pennsylvania SIP. EPA 

is approving the maintenance plan and 

2002 base-year inventory for the 

Schuylkill County Area because it meets 

the requirements of section 110(a)(1) of 

the CAA. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 7, 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. This action 

approving the maintenance plan and the 

2002 base-year inventory for the 

Schuylkill County Area may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 25, 2008. 

Donald S. Welsh, 

Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

the 8-Hour Ozone Maintenance Plan 

and 2002 Base-Year Inventory for 

Schuylkill County at the end of the table 

to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


rfrederick on PRODPC74 with RULES
46202 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

* * * * * * * 

8-Hour Ozone Maintenance 

Plan and 2002 Base-Year Inventory.

Schuylkill County .................... 12/17/07 08/08/08 [Insert page number 

where the document begins].

* * * * * 

[FR Doc. E8–18188 Filed 8–7–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 522 

[GSAR Amendment 2008–01; GSAR Case 

2006–G505; (Change 22); Docket 2008–

0007, Sequence 1] 

RIN 3090–AI70 

General Services Administration 

Acquisition Regulation; Rewrite of 

GSAR Part 522, Application of Labor 

Laws to Government Acquisitions 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to revise 

language pertaining to application of 

labor laws to Government acquisitions. 

This rule is a product of the General 

Services Administration Acquisition 

Manual (GSAM) Rewrite Initiative, 

undertaken by GSA to revise the 

regulation to maintain consistency with 

the FAR and implement streamlined 

and innovative acquisition procedures 

for contractors, offerors, and GSA 

contracting personnel. The GSAM 

incorporates the GSAR as well as 

internal agency acquisition policy. 

DATES: Effective Date: August 8, 2008. 

FOR FURTHER INFORMATION CONTACT The 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC, 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Mr. Ernest Woodson, 

Procurement Analyst, at (202) 501–

3775. Please cite Amendment 2008–01, 

GSAR case 2006–G505, (Change 22). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSAR Rewrite Project 

GSA published an Advance Notice of 

Proposed Rulemaking (ANPR) in the 

Federal Register at 71 FR 7910, 

February 15, 2006 with request for 

comments because the agency was 

beginning the review and update of the 

General Services Administration 

Acquisition Regulation (GSAR). 

This GSAR rewrite has—

• Changed ‘‘you’’ to ‘‘contracting 

officer.’’

• Maintained consistency with the 

FAR but eliminated duplication. 

• Revised GSAR sections that are out 

of date or imposed inappropriate 

burdens on the Government or 

contractors, especially small businesses. 

• Streamlined and simplified 

procedures, guidance, and policies 

wherever possible. 

In addition, GSA has recently 

reorganized into two (2) operating 

services rather than three (3). Therefore, 

the reorganization of the Federal Supply 

Service (FSS) and the Federal 

Technology Service (FTS) into the 

Federal Acquisition Service (FAS) was 

considered in the Rewrite Initiative. 

The Rewrite of Part 522 

This final rule contains the revisions 

made to Part 522, Application of Labor 

Laws to Government Acquisitions. 

There are no substantive changes to the 

policies. Information previously 

contained in GSAR 522.101–1 regarding 

the necessary impartiality of GSA 

personnel in disputes between labor and 

contractor management is deleted as 

unnecessary because it repeats Federal 

Acquisition Regulation (FAR) language. 

GSAR 522.101–1(b) adds language to 

require contracting officers to notify the 

Office of General Counsel and the 

agency labor advisor when they are 

contacted by external organizations. 

GSAR 522.103–5 is revised to clarify 

that FAR clause 52.222–1, Notice to the 

Government of Labor Disputes, must be 

inserted in solicitations and contracts 

for DX-rated orders under the Defense 

Priorities and Allocations System 

(DPAS). GSAR Subpart 522.4, Labor 

Standards for Contracts, is deleted in its 

entirety because of its potential for 

conflict with FAR Subpart 22.4. 

GSAR 522.804–1(b) is revised to 

indicate that contractors, 

subcontractors, and financial 

institutions must develop a written 

affirmative action compliance program 

for each of its establishments regardless 

of the contract or holding value, in 

accordance with 41 CFR 60–1.40. 

Paragraph 522.805(b) is revised to add 

websites that list the various Office of 

Federal Contract Compliance Programs 

(OFCCP) Regional Offices. 

Discussion of Comments 

As a result of the ANPR, GSA did not 

receive any comments pertaining to 

GSAR Part 522. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The General Services Administration 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because no new requirements are being 

placed on the vendor community. No 

comments on this issue were received 

from small business concerns or other 

interested parties. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

GSAR do not impose recordkeeping or 

information collection requirements, or 

otherwise collect information from 

offerors, contractors, or members of the 

public that require approval of the 

Office of Management and Budget under 

44 U.S.C.3501, et seq. 

List of Subjects in 48 CFR Part 522 

Government procurement. 

Dated: July 29, 2008. 

David A. Drabkin, 

Senior Procurement Executive, Office of the 

Chief Acquisition Officer, General Services 

Administration. 

■ Therefore, GSA amends 48 CFR part 

522 as set forth below: 


rfrederick on PRODPC74 with RULES