Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 45615 

Detroit or his designated on-scene 

representative. 

(3) Definition. 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 designated onscene representative may be contacted 

via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the Captain of the Port 

Detroit or his on-scene representative to 

obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the regulated area must 

comply with all directions given to 

them by the Captain of the Port or his 

on-scene representative. 

Dated: July 23, 2008. 

F.M. Midgette, 

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

Port Detroit. 

[FR Doc. E8–18080 Filed 8–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0727] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the NJTRO Lower Hack 

Bridge across the Hackensack River, 

mile 3.4, at Jersey City, New Jersey. 

Under this temporary deviation, the 

NJTRO Lower Hack Bridge may remain 

in the closed position for 42 days to 

facilitate bridge lift cable maintenance. 

Vessels that can pass under the draw 

without a bridge opening may do so at 

all times. This deviation is necessary to 

facilitate necessary bridge maintenance. 

DATES: This deviation is effective from 

August 9, 2008 through September 19, 

2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0727 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 First 

Coast Guard District, Bridge Branch 

Office, 408 Atlantic Avenue, Boston, 

Massachusetts 02110, between 7 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Gary 

Kassof, Project Officer, First Coast 

Guard District, at (212) 668–7165. 

SUPPLEMENTARY INFORMATION: The 

NJTRO Lower Hack Bridge, across the 

Hackensack River, mile 3.4, at Jersey 

City, New Jersey, has a vertical 

clearance in the closed position of 40 

feet at mean high water and 45 feet at 

mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.723(b). 

The waterway has seasonal 

recreational vessels, and commercial 

vessels of various sizes. 

The owner of the bridge, New Jersey 

Transit Rail Operation (NJTRO), 

requested a temporary deviation to 

facilitate the replacement of cable 

sheaves and also the bridge lift cables. 

Under this temporary deviation the 

NJTRO Lower Hack Bridge may remain 

in the closed position August 9, 2008 

through September 19, 2008. Vessels 

that can pass under the bridge without 

a bridge opening may do so at all times. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: July 25, 2008. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–18081 Filed 8–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0433] 

RIN 1625–AA00 

Safety Zone, 2008 Personal Watercraft 

Challenge, Atlantic Ocean, Fort 

Lauderdale, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Atlantic Ocean offshore from Fort 

Lauderdale, Florida for the 2008 

Personal Watercraft Challenge. This 

temporary safety zone is intended to 

restrict vessels from entering waters 

within the zone unless specifically 

authorized by the Captain of the Port 

Miami, Florida, or a designated 

representative. This rule is necessary to 

provide for the safety of life on the 

navigable waters of the United States 

and protect participants, spectators, and 

mariner traffic from potential hazards 

associated with the event. 

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

until 11 a.m. on August 16, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0433 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 at Sector 

Miami, 100 MacArthur Causeway, 

Miami Beach, FL 33139 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 Senior Chief Ray Johnson, 

Coast Guard Sector Miami, Florida at 

(305) 535–4307. 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 


yshivers on PROD1PC62 with RULES
45616 Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 

(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 notice 

of this event was not provided to the 

Coast Guard with sufficient time to 

publish an NPRM and receive public 

comment before the event date. 

Furthermore, good cause exists because 

this temporary safety zone will not 

significantly restrict the use of the 

waterway as all vessels will be able to 

safely transit around the zone. A Coast 

Guard Patrol Commander will be 

available and the Coast Guard will also 

issue a Broadcast Notice to Mariners. 

This temporary rule is necessary to 

ensure the safety of participants, 

spectators, and the general public on the 

navigable waters of the United States. 

For the same reasons above, 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. 

Background and Purpose 

Extreme Events is sponsoring the 

2008 Personal Watercraft Challenge 

with approximately 300 personal 

watercrafts each 9 feet in length. The 

event will be held between the hours of 

8 a.m. and 11 a.m. on August 16, 2008. 

The public is invited to attend. The high 

concentration of event participants, 

spectators, and the general boating 

public presents an extra hazard to the 

safety of life on the navigable waters of 

the United States. A regulated area 

encompassing the waters of the Atlantic 

Ocean is necessary to protect 

participants as well as spectators from 

hazards associated with the event. 

Discussion of Rule 

This rule establishes a temporary 

safety zone for the 2008 Personal 

Watercraft Challenge in the Atlantic 

Ocean. Extreme Events will sponsor the 

2008 Personal Watercraft Challenge on 

Saturday, August 16, 2008 between the 

hours of 8 a.m. and 11 a.m. in the 

Atlantic Ocean offshore in an area from 

Fort Lauderdale, Florida north to 

Hillsboro Inlet, Florida. The Coast 

Guard is establishing a temporary safety 

zone in and on the waters of the 

Atlantic Ocean. This safety zone 

includes all waters from the surface to 

the bottom, encompassed by an 

imaginary line connecting the following 

points: 26°15′09′′ N, 080°04′57.78′′ W; 

thence to 26°15′08.70′′ N, 080°04′47.82′′ 

W; thence to 26°06′20.88′′ N, 

080°06′01.50′′ W; thence to 26°06′20.76′′ 

N, 080°06′11.40′′ W; thence returning to 

origin. All vessels and persons are 

prohibited from anchoring, mooring, or 

transiting within this zone unless 

authorized by the Captain of the Port 

Miami, Florida or a designated 

representative. The safety zone will be 

in place from 8 a.m. to 11 a.m. on 

August 16, 2008. 

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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This regulation 

will only be in effect for a short period 

of time and the impact on routine 

navigation is expected to be minimal, 

since vessels should be able to safely 

navigate around the 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 this zone 

between 8 a.m. and 11 a.m. on August 

16, 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 

only be in effect for a short period of 

time and the impact on routine 

navigation is expected to be minimal, 

since vessels should be able to safely 

navigate around the zone. 

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 affect a taking of 

private property or otherwise have 

taking implications under Executive 


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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations 45617 

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, 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. 

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

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule because it 

concerns an emergency situation of less 

than 1 week in duration. 

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. 

■ 2. A new temporary § 165.T07–0433 is 

added to read as follows: 

§ 165–T07–0433 Safety Zone, 2008 

Personal Watercraft Challenge, Atlantic 

Ocean, Fort Lauderdale, Florida. 

(a) Regulated areas. Temporary safety 

zone for the 2008 Personal Watercraft 

Challenge in the Atlantic Ocean offshore 

in an area from Fort Lauderdale, Florida 

north to Hillsboro Inlet, Florida. The 

Coast Guard is establishing a temporary 

safety zone in and on the waters of the 

Atlantic Ocean. This safety zone 

includes all waters from the surface to 

the bottom, encompassed by an 

imaginary line connecting the following 

points: 26°15′09′′ N, 080°04′57.78′′ W, 

thence to 26°15′08.70′′ N, 080°04′47.82′′ 

W, thence to 26°06′20.88′′ N, 

080°06′01.50′′ W, thence to 26°06′20.76′′ 

N, 080°06′11.40′′ W, thence returning to 

origin. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and Federal, State, 

and local officers designated by or 

assisting the Captain of the Port (COTP), 

Miami, Florida in the enforcement of 

regulated navigation areas, safety zones, 

and security zones. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, no person or vessel may 

anchor, moor or transit a safety zone 

without permission of the Captain of the 

Port Miami, Florida or a designated 

representative. To request permission to 

enter into a safety zone, the Captain of 

the Port’s designated representative may 

be contacted on VHF channel 16. 

(2) At the completion of scheduled 

event, and departure of participants 

from the regulated area, the Coast Guard 

Patrol Commander may permit traffic to 

resume normal operations. 

(d) Effective Period. This temporary 

safety zone will be effective between the 

hours of 8 a.m. and 11 a.m., Saturday, 

August 16, 2008. 

Dated: July 15, 2008. 

J.O. Fitton, 

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

Port Miami, FL. 

[FR Doc. E8–18079 Filed 8–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0349] 

RIN 1625–AA00 

Safety Zone; Fireworks, Beverly, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is creating a 

temporary safety zone for a fireworks 

event being held in Beverly, 

Massachusetts. This safety zone will last 

for the limited duration of the fireworks. 

The zone is necessary to protect 

spectators, participants, and vessels 

from the hazards associated with 

fireworks displays. 


yshivers on PROD1PC62 with RULES