51362 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

will not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule will not 

significantly impact any small entities 

because the bridge no longer exists and 

no longer affects vessel operators that 

would have required an opening of the 

draw. 

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 

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 

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 

would not create an environmental risk 

to health or risk to safety that might 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 (32)(e) of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (32)(e), of the Instruction, an 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. § 117.489 is revised to read as 

follows: 

§ 117.489 Plaquemine Brule Bayou. 

The draw of the S91 bridge, mile 8.0 

at Estherwood, shall open on signal 

from 5 a.m. to 9 p.m. if at least four 

hours notice is given. From 9 p.m. to 5 

a.m., the draw shall open on signal if at 

least 12 hours notice is given. 

Dated: August 25, 2008. 

J.H. Korn, 

Captain, U.S. Coast Guard, Commander, 8th 

Coast Guard District, Acting. 

[FR Doc. E8–20362 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0835] 

RIN 1625–AA00 

Safety Zone; Waters Surrounding S/V 

FALLS OF CLYDE, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary 500-yard 

moving safety zone around the S/V 

FALLS OF CLYDE and her tow vessel(s) 

during transit within the Honolulu 

Captain of the Port Zone. The safety 

zone is established at the request of the 

Hawaii Maritime Center to protect 

vessels and persons from approaching 

too close to the dead-ship tow of the 

S/V FALLS OF CLYDE. Entry of persons 

or vessels into this temporary safety 


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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51363 

zone is prohibited unless authorized by 

the Captain of the Port. 

DATES: This rule is effective from 12:01 

a.m. on September 2, 2008 until 11:59 

p.m. on October 2, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0835 and are available on line 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 U.S. 

Coast Guard Sector Honolulu, 

Waterways Management Division, 433 

Ala Moana Blvd., Honolulu, HI 96813 

between 7 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 Lieutenant Marcella Granquist, 

Waterways Management Division, U.S. 

Coast Guard Sector Honolulu, telephone 

808–842–2600. 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 the 

Coast Guard was not given the final 

voyage plan in time to initiate full 

rulemaking, and the need for this 

temporary moving safety zone was not 

determined until less than 30 days 

before the general public will require 

the zone’s protection. Publishing an 

NPRM and delaying the effective date 

would be contrary to the public interest 

since the transit would occur before 

completion of the rulemaking process, 

thereby jeopardizing the safety of the 

general public. 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. The 

COTP finds this good cause to be the 

immediate need for a safety zone to 

ensure public safety surrounding the 

transit of the unmanned S/V FALLS OF 

CLYDE from Honolulu Harbor to 12 

nautical miles off shore of Oahu, HI. 

Background and Purpose 

On or after September 2, 2008 the 

dead-ship tow of the S/V FALLS OF 

CLYDE is scheduled to transit U.S. 

navigable waters in the Honolulu 

Captain of the Port Zone from the 

Honolulu Harbor to off the southern 

coast of Oahu, HI. The Coast Guard is 

establishing this safety zone to ensure 

the public’s safety during the transit of 

the S/V FALLS OF CLYDE from the 

Honolulu Harbor entrance channel 

commencing at a line between channel 

buoys no. 1 and no. 2 to 12 nautical 

miles off the southern coast of Oahu, HI. 

Discussion of Rule 

This temporary safety zone is effective 

on or after 12:01 a.m. on September 2, 

2008 until 11:59 p.m. on October 2, 

2008. It is located within the Honolulu 

Captain of the Port Zone (See 33 CFR 

3.70–10) and covers all U.S. navigable 

waters extending 500 yards in all 

directions from the S/V FALLS OF 

CLYDE and her tow vessel(s), from the 

surface of the water to the ocean floor. 

Unpredictable weather and sea states 

make a broad date and time range 

necessary to safely complete the transit. 

Enforcement periods would be 

announced over marine band VHF 

channel 16 prior to enforcement to 

ensure ample public notification. The 

safety zone moves with the dead-ship 

tow of the S/V FALLS OF CLYDE while 

in transit between the Honolulu Harbor 

main entrance channel commencing at a 

line between channel buoys no. 1 and 

no. 2 and up to 12 nautical miles off 

shore of Oahu, HI. The safety zone 

becomes fixed if the S/V FALLS OF 

CLYDE is anchored, position-keeping, 

or moored during any part of the 

aforementioned transit. 

The S/V FALLS OF CLYDE is easy to 

recognize because it is a steel hulled, 

280′ in length, 40′ at the beam, with four 

white colored masts, no sails or rigging, 

and the hull is painted with solid, 

horizontal, bands of black paint on the 

top third starting at the railings, grey 

paint in the middle, then red paint on 

the lower third towards the bottom, and 

a small thin horizontal stripe of yellow 

paint between the black and grey bands. 

In accordance with the general 

regulations in 33 CFR Part 165, Subpart 

C, no person or vessel would be 

permitted to enter or remain in the zone 

except for support vessels/aircraft and 

support personnel, or other vessels 

authorized by the Captain of the Port or 

the District Commander. The Captain of 

the Port will cause notice of the 

enforcement of the safety zone 

described in this section to be made by 

broadcast notice to mariners. Any Coast 

Guard commissioned, warrant, or petty 

officer, and any other Captain of the 

Port representative permitted by law, 

may enforce the zone. Vessels, aircraft, 

or persons in violation of this proposed 

rule would be subject to the penalties 

set forth in 33 U.S.C. 1232 and 50 U.S.C. 

192. 

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. This rule is not a 

‘‘significant regulatory action’’ under 

§ 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

§ 6(a)(3) of that Order. The Office of 

Management and Budget has not 

reviewed it under that Order. 

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. The Coast Guard expects 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 expectation is based on the limited 

duration of the zone, the limited 

geographic area affected by it, and its 

ability to move with the vessel(s) in 

transit. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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. We 

expect that there will be little or no 


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51364 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

impact to small entities due to the 

narrow scope and nature of this safety 

zone. Also, vessel traffic will be allowed 

to pass safely around this moving safety 

zone. Additionally, before the effective 

period, we will issue maritime 

advisories widely available to users of 

the Honolulu Harbor, HI. 

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 

either preempts State law or imposes 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 

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 is 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, under figure 2–1, 

paragraph (22) of the Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation because 

this rule establishes a temporary moving 

safety zone and for less than 24 hours 

in duration. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Safety 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, 3306, 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 § 165.T14–172 to read as 

follows: 

§ 165.T14–172 Safety Zone; Waters 

Surrounding S/V FALLS OF CLYDE, HI. 

(a) Location. The following area, in 

U.S. navigable waters within the 

Honolulu Captain of the Port Zone (See 

33 CFR 3.70–10), from the surface of the 

water to the ocean floor, is a safety zone: 

All waters extending 500 yards in all 

directions from the S/V FALLS OF 

CLYDE and her tow vessel(s) during 

transit from the Honolulu Harbor main 

channel commencing at a line between 

channel buoys no. 1 and no. 2 to 12 


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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51365 

nautical miles off shore of Oahu, HI. 

The safety zone moves with the S/V 

FALLS OF CLYDE and her tow vessel(s) 

while they are in transit and becomes 

fixed when the S/V FALLS OF CLYDE 

is anchored, position-keeping, or 

moored. 

(b) Effective period. This section is 

effective from 12:01 a.m. on September 

2, 2008 through 11:59 p.m. on October 

2, 2008. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply. 

Entry, transit, or anchoring within this 

zone is prohibited unless authorized by 

the Captain of the Port Honolulu or the 

District Commander. 

(d) Enforcement. The Coast Guard 

will begin enforcement of the safety 

zone described in this section upon the 

S/V FALLS OF CLYDE passing the 

Honolulu Harbor main entrance channel 

at buoys no. 1 and no. 2 of the U.S. 

navigable waters within the Honolulu 

Captain of the Port Zone. 

(e) Informational notice. The Captain 

of the Port Honolulu will ensure notice 

of the enforcement of the safety zone 

described in this section is 

communicated by broadcast notice to 

mariners. 

(f) Authority to enforce. Any Coast 

Guard commissioned, warrant, or petty 

officer, and any other Captain of the 

Port representative permitted by law, 

may enforce this temporary safety zone. 

(g) Waiver. The Captain of the Port 

may waive any of the requirements of 

this rule for any person, vessel, or class 

of vessel upon finding that application 

of the safety zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(h) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: August 20, 2008. 

B.A. Compagnoni, 

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

Port Honolulu. 

[FR Doc. E8–20361 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0829] 

Safety Zone; Chicago Harbor, Navy 

Pier East, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier East Safety Zone in 

Chicago Harbor on September 30, 2008. 

This action is necessary to protect 

vessels and people from the hazards 

associated with fireworks displays. This 

safety zone will restrict vessel traffic 

from a portion of the Captain of the Port 

Lake Michigan Zone. 

DATES: Enforced from 8 p.m. to 10 p.m. 

on September 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Bannan, Prevention Department, 

Coast Guard Sector Lake Michigan, 

Milwaukee, WI at (414) 747–7154. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone, 

Navy Pier East, Chicago Harbor, 

Chicago, IL, 33 CFR 165.933 for the 

following event: 

Bridgestone Conference on September 

30, 2008 from 8 p.m. through 10 p.m. 

All vessels must obtain permission 

from the Captain of the Port or his 

designated representative to enter, move 

within or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or a designated representative. 

While within the safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.933 Safety Zone, Navy 

Pier East, Chicago Harbor, Chicago, IL 

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 

these enforcement periods via broadcast 

Notice to Mariners and Local Notice to 

Mariners. 

The Captain of the Port or his 

designated representative will issue a 

Broadcast Notice to Mariners notifying 

the public if enforcement of the safety 

zone established by this section is 

suspended. The Captain of the Port or 

his designated representative may be 

contacted via U.S. Coast Guard Sector 

Lake Michigan on channel 16, VHF-FM. 

Dated: August 8, 2008. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E8–20363 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0264] 

RIN 1625–AA00 

Safety Zone; Patchogue Bay, 

Patchogue, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for the 

Patchogue Grand Prix, a power boat race 

on Patchogue Bay off of Patchogue, New 

York. The safety zone provides for 

safety of navigation for the maritime 

public viewing and transiting near the 

power boat race. This safety zone is 

necessary to protect the maritime 

community from the hazards inherent 

with a power boat race, namely, a 

collision and loss of control of the 

power boats participating in this event. 

Entry into this zone is prohibited unless 

authorized by the Captain of the Port 

Long Island Sound. 

DATES: This rule is effective on 

September 3, 2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0264 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 at United 

States Coast Guard Sector Long Island 

Sound, 120 Woodward Avenue, New 

Haven, Connecticut, between 8 a.m. and 

3 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call LT 

Douglas Miller, USCG Sector Long 

Island Sound Prevention Department at 

(203) 486–4459. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments 

On June 12, 2008 we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone: Patchogue Bay, 


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