48160 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 

incentives reauthorized by the 2006 

amendments pertaining to the remining 

of certain lands and water adversely 

affected by past mining. 

Public Comment Procedures 

Written Comments: If you submit 

written comments, they should be 

specific, confined to issues pertinent to 

the proposed rule, and explain the 

reason for any recommended changes. 

We appreciate all comments, but those 

most useful and likely to influence 

decisions on any revisions will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, the 2006 

amendments, case law, or other 

pertinent State or Federal laws or 

regulations. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for the rulemaking and 

considered. Comments sent to an 

address other than those listed above 

(see ADDRESSES) will not be included in 

the docket for the rulemaking. 

Public Availability of Comments: 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: August 8, 2008. 

C. Stephen Allred, 

Assistant Secretary, Land and Minerals 

Management. 

[FR Doc. E8–19088 Filed 8–15–08; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–0738] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Wrightsville Channel, 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish Temporary special local 

regulations for the swim portions of 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’, to be held on the 

waters of Banks Channel, adjacent to 

Wrightsville Beach, North Carolina. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to restrict vessel 

traffic in Wrightsville Channel during 

the swimming portion of this event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

September 17, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0738 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: 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–

0001. 

(3) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Christopher D. Humphrey, 

Coast Guard Sector North Carolina, 

Atlantic Beach, NC, (252) 247–4571. 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: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0738), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0738) in the 

Search box, and click ‘‘Go >>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays; or U.S. Coast Guard Sector 

North Carolina, 2301 East Fort Macon 

Rd., Atlantic Beach, North Carolina 

28512 between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act system of records notice regarding 

our public dockets in the January 17, 

2008, issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 48161 

Background and Purpose 

On November 1, 2008, the 

Wilmington YMCA will sponsor the 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’ on the waters of 

Banks Channel including the waters of 

Wrightsville Channel adjacent to 

Wrightsville Beach, North Carolina. The 

swim portion of the event will consist 

of two groups of 500 swimmers entering 

Banks Channel southwest of the Coast 

Guard Station and swimming northeast 

along Wrightsville Channel and Motts 

Channel to Seapath Marina. A fleet of 

spectator vessels are expected to gather 

near the event site to view the 

competition. To provide for the safety of 

the participants, spectators and other 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during this event. 

Discussion of Proposed Rule 

The Coast Guard proposes the 

establishment of special local 

regulations on specified waters of Banks 

Channel. The regulation would be 

enforced from 6 a.m. to 11 a.m. on 

November 1, 2008. The effects of the 

regulation would be to restrict general 

navigation in the regulated area during 

the event. Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no persons or vessels may 

enter or remain in the regulated area. 

Non-participating vessels will be 

allowed to transit between swim events, 

when the Coast Guard Patrol 

Commander determines it is safe to do 

so. These regulations are needed to 

control vessel traffic during the event to 

enhance the safety of participants, 

spectators and transiting vessels. 

Regulatory Analyses 

We developed this proposed 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 proposed 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. 

Although this regulation prevents 

traffic from transiting a portion of 

Wrightsville Channel and Motts 

Channel during the event, the effect of 

this regulation will not be significant 

due to the limited duration that the 

regulated area will be in effect. 

Extensive advance notification will be 

made to the maritime community via 

marine information broadcast, area 

newspapers, local radio and television 

stations so mariners can adjust their 

plans accordingly. Additionally, the 

regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic will be able to transit the 

regulated area between races, when the 

Coast Guard Patrol Commander deems it 

is safe to do so. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The rule will affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels intending to transit 

this section of Wrightsville Channel, 

Motts Channel and Banks Channel from 

6 a.m. to 11 a.m. on November 1, 2008. 

This proposed rule would not have a 

significant economic impact on 

substantial number of small entities for 

the following reasons. Although the 

regulated area will apply to the 

Wrightsville Channel, traffic may be 

allowed to pass through the regulated 

area with the permission of the Coast 

Guard Patrol Commander. In the case 

where the Patrol Commander authorizes 

passage through the regulated area, 

vessels shall proceed at the minimum 

speed necessary to maintain a safe 

course that minimizes wake near the 

swim course. The Patrol Commander 

will allow non-participating vessels to 

transit the event area once all swimmers 

are safely clear of navigation channels 

and vessel traffic areas. Before the 

enforcement period, we will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

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 this proposed rule so that 

they can 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 Coast Guard 

Sector North Carolina listed under FOR

FURTHER INFORMATION CONTACT at the 

beginning of this rule. The Coast Guard 

will not retaliate against small entities 

that question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 


rwilkins on PROD1PC63 with PROPOSALS
48162 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

under the Instruction that this action is 

not likely to have a significant effect on 

the human environment. An 

environmental analysis checklist 

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 proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary § 100.35–T05–

0738 to read as follows: 

§ 100.35–T05–0738 Wrightsville Channel, 

Wrightsville Beach, NC. 

(a) Regulated area. The regulated area 

is established for the waters of Banks 

Channel, adjacent to Wrightsville Beach, 

NC, from the southern tip of 

Wrightsville Beach approximate 

position latitude 34°11′15′′ N, longitude 

077°48′51′′ W, thence northeast to 

Seapath Marina, Wrightsville Beach, 

NC. approximate position latitude 

34°12′45′′ N, longitude 077°48′27′′ W. 

All coordinates reference Datum NAD 

1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who have been designated by the 

Commander, Coast Guard Sector North 

Carolina. 

(2) Official Patrol means any person 

or vessel assigned or approved by 

Commander, Coast Guard Sector North 

Carolina with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) The operator of a vessel in the 

regulated area shall stop the vessel 

immediately when instructed to do so 

by the Official Patrol and then proceed 

as directed. 

(iv) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the swim course. 

(d) Enforcement Period. This section 

will be enforced from 6 a.m. to 11 a.m. 

on November 1, 2008. 

Dated: July 28, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E8–19001 Filed 8–15–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0411] 

RIN 1625–AA00 

Safety Zone; Captain of the Port Zone 

Jacksonville; Offshore Cape 

Canaveral, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishment of four safety zones to 

protect infrastructure and marine traffic 

from the hazards associated with 

recurring space vehicle launches from 

Cape Canaveral Air Force Station 

(CCAFS). The safety zones extend from 

the shoreline to points approximately 12 

nautical miles offshore and will only be 

activated and enforced during prelaunch hours and terminate 

approximately 15 minutes after a 

successful launch. This action is 

necessary to protect marine traffic from 

the hazards associated with the 

launching of space vehicles; expedite 

notification to the public of such 

launches and also reduce the 


rwilkins on PROD1PC63 with PROPOSALS