Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 49611 

Under the provisions of 33 CFR 

165.1315, a vessel may not enter the 

regulated area, unless it receives 

permission from the Captain of the Port 

(COTP) or his designated representative. 

The Coast Guard may be assisted by 

other Federal, state, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 165.1315 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 the Local Notice to Mariners and a 

marine information broadcast. If the 

COTP determines that the regulated area 

need not be enforced for the full 

duration stated in this notice, he may 

use a Broadcast Notice to Mariners to 

grant general permission to enter the 

regulated area. 

Dated: August 13, 2008. 

F.G. Myer, 

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

Port Portland. 

[FR Doc. E8–19531 Filed 8–21–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2008–0759] 

RIN 1625–AA00 

Safety Zone; American Music Festival; 

Chesapeake Bay, Virginia Beach, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a 420-foot radius safety 

zone on the Chesapeake Bay in the 

vicinity of the Virginia Beach 

Oceanfront, Virginia Beach, VA in 

support of the American Music Festival 

Fireworks event. This action is intended 

to protect mariners from the hazards 

associated with fireworks displays by 

restricting vessel traffic movement in 

the vicinity of the event. 

DATES: This rule is effective from 

August 29, 2008 at 10 p.m. until August 

31, 2008 at 11 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0759 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

in 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 Sector 

Hampton Roads, Norfolk Federal 

Building, 200 Granby St., 7th Floor, 

Norfolk, VA 23510 between 9 a.m. and 

2 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call LT Tiffany Duffy, Chief 

Waterways Management Division, 

Sector Hampton Roads at (757) 668–

5580. 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 any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest 

since immediate action is needed to 

provide for the safety of life and 

property on navigable waters. 

Additionally, this temporary safety zone 

will only be enforced for 1 hour on 

August 29, 2008 and for 1 hour on 

August 31, 2008 and should have 

minimal impact on vessel transits due to 

the fact that vessels can safely transit 

through the zone when authorized by 

the Captain of the Port or his 

Representative and that they are not 

precluded from using any portion of the 

waterway except the safety zone area 

itself. 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 

On August 29 and August 31, 2008, 

Dominion Fireworks will sponsor a 

fireworks display on the Chesapeake 

Bay shoreline centered on position 

36°49′58′′ N/75°57′57′′ W (NAD 1983). 

Due to the need to protect mariners and 

spectators from the hazards associated 

with the fireworks display, access will 

be temporarily restricted within 420 feet 

of the fireworks launch site. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone on the navigable waters of 

the Chesapeake Bay within 420 feet of 

position 36°49′58′′ N/075°57′57′′ W 

(NAD 1983). This safety zone will be 

established in the vicinity of Virginia 

Beach, VA on August 29, 2008 at 10 

p.m. to August 31, 2008 at 11 p.m. In 

the interest of public safety, access to 

the safety zone will be restricted from 

10 p.m. to 11 p.m. on August 29, 2008 

and from 10 p.m. to 11 p.m. on August 

31, 2008. Except for participants and 

vessels authorized by the Coast Guard 

Captain of the Port or his representative, 

no person or vessel may enter or remain 

in the regulated area. 

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. Although this regulation restricts 

access to the safety zone, the effect of 

this rule will not be significant because: 

(i) The safety zone will be in effect for 

a limited duration; (ii) the zone is of 

limited size; and (iii) the Coast Guard 

will make notifications via maritime 

advisories so mariners can adjust their 

plans accordingly. 

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. 


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49612 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor 

within the specified zone during the 

enforcement periods. 

The safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because the zone will only be enforced 

for a limited time and is of limited size. 

Additionally, vessel traffic can pass 

safely around the zone. Before the 

effective period, maritime advisories 

will be issued and made widely 

available to waterway users. 

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 

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 will be 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 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, 3300, 3703; 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. Add temporary § 165.T05–0759, to 

read as follows: 


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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Rules and Regulations 49613 

§ 165.T05–0759 Safety Zone: American 

Music Festival Fireworks Event, 

Chesapeake Bay, Virginia Beach, VA. 

(a) Regulated area. The following area 

is a safety zone: All navigable waters of 

the Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25–

10, in the vicinity of the Virginia Beach 

Oceanfront in Virginia Beach, VA and 

within 420 feet of position 36°49′58′′ N 

/ 75°57′57′′ W (NAD 1983). 

(b) Definitions. As used in this 

section, Captain of the Port 

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555 or (757) 484–

8192. 

(4) The Captain of the Port 

Representative enforcing the safety zone 

can be contacted on VHF–FM marine 

band radio, channel 13 (156.65 Mhz) 

and channel 16 (156.8 Mhz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This rule is 

effective on August 29, 2008 from 10 

p.m. to 11 p.m. and on August 31, 2008 

from 10 p.m. to 11 p.m. 

Dated: July 30, 2008. 

Patrick B. Trapp, 

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

Port Hampton Roads. 

[FR Doc. E8–19533 Filed 8–21–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–OAR–R04–2008–0512–200815 (a); 

FRL–8706–4] 

Approval and Promulgation of Plans; 

North Carolina: Miscellaneous 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) submitted by 

the North Carolina Department of 

Environment and Natural Resources 

(NCDENR) on behalf of the State of 

North Carolina on April 16, 2001, April 

4, 2003, and December 14, 2004. The 

purpose of these revisions is to require 

that continuous emissions monitoring 

systems be used to determine 

compliance; specify a 24-hour block 

averaging time for sulfur dioxide 

emissions; make a correction to a crossreference; provide options for supplying 

missing data and for determining heat 

input; and make several revisions to 

permit exemptions. This action is being 

taken pursuant to section 110 of the 

Clean Air Act (CAA). 

DATES: This direct final rule is effective 

October 21, 2008 without further notice, 

unless EPA receives adverse comment 

by September 22, 2008. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–OAR–

R04–2008–0512 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: ward.nacosta@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–OAR–R04–2008–

0512,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Nacosta 

C. Ward, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–OAR–R04–2008–

0512.’’ 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 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. 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 information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR


yshivers on PROD1PC62 with RULES