Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51597 

implications and would not impose 

substantial direct compliance costs on 

state and local governments or preempt 

state law within the meaning of the 

Executive Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531–

1538) (UMRA) establishes requirements 

for federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments, and on 

the private sector. This final rule will 

not impose any federal mandates on any 

state, local, or tribal governments, or on 

the private sector, within the meaning of 

UMRA. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance (CFDA) program number is 

14.183. 

List of Subjects in 24 CFR Part 206 

Aged, Condominiums, Loan 

programs—housing and community 

development, Mortgage insurance, 

Reporting and recordkeeping 

requirements. 

PART 206—HOME EQUITY 

CONVERSION MORTGAGE 

INSURANCE 

■ Accordingly, the interim rule 

amending 24 CFR part 206, which was 

published at 73 FR 1434 on January 8, 

2008, is adopted as a final rule without 

change. 

Dated: August 22, 2008. 

Brian D. Montgomery, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. E8–20471 Filed 9–3–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0843] 

RIN 1625–AA00 

Safety Zone: Wantagh Parkway 2 

Bridge over the Goose Creek Channel, 

Town of Hempstead, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Goose Creek 

Channel surrounding the Wantagh 

Parkway 2 Bridge located in the Town 

of Hempstead, New York. This safety 

zone is necessary to protect vessels 

transiting in the area from hazards 

imposed by construction barges and 

equipment. Entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Long Island Sound, 

New Haven, CT. 

DATES: This rule will be effective from 

12:01 a.m. on September 2, 2008 until 

11:59 p.m on December 31, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0843 and are available online at 

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, 

USCG Sector Long Island Sound, 120 

Woodward Ave., New Haven, CT 06512 

between 9 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 LT Douglas Miller, USCG 

Sector Long Island Sound, Chief 

Waterways Management at 203–468–

4569. 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 

unforeseen delays in the construction 

and removal of the Wantagh 3 Bridge 

forced the original construction dates 

for the Wantagh 2 Bridge to be modified 

which in turn makes the publication of 

a notice of proposed rulemaking and 

associated comment period impractical; 

additional repair and replacement work 

are needed to ensure the continued safe 

operation of the bridge. 

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. A delay is not in the public 

interest as this safety zone is necessary 

to allow for completion of this bridge 

construction project. 

Background and Purpose 

Currently, the New York Department 

of Transportation is modifying the 

existing bascule and flanking spans of 

the Wantagh 2 Bridge located over the 

Goose Creek Channel in the Town of 

Hempstead, NY. These modifications 

are needed to ensure the continued safe 

operation of the bridge. To complete the 

modifications on the bridge, barges will 

need to block the waterway during the 

course of the project. To ensure the 

continued safety of the boating 

community, the Coast Guard is 

establishing a safety zone in all waters 

of Goose Creek Channel within 100- 

yards of the Wantagh Parkway Number 

2 Bridge. This safety zone is necessary 

to protect the safety of the boating 

community who wish to utilize the 

Goose Creek channel. Vessels may 

utilize the Sloop Channel as an 

alternative route to using the Goose 

Creek Channel, adding minimal 

additional transit time. Marine traffic 

may also transit safely outside of the 

safety zone during the effective dates of 

the safety zone, allowing navigation in 

the Goose Creek Channel, except the 

portion delineated by this rule. 

Discussion of Rule 

This regulation establishes a 

temporary safety zone on the Goose 

Creek Channel within 100-yards to 

either side of the Wantagh 2 Bridge. 

This action is intended to prohibit 

vessel traffic in a portion of the Goose 

Creek Channel within 100 yards of the 

Wantagh 2 Bridge in the Town of 

Hempstead, NY and to provide for the 

safety of the boating community due to 

the hazards posed by construction 

equipment located in the waterway 

during the modification of the existing 

span. 

The effective period of this safety 

zone will be from 12:01 a.m. September 

2, 2008 to 11:59 p.m. on December 31, 

2008. Marine traffic may continue to 

transit safely outside of the safety zone 

during the effective dates of the safety 

zone, allowing navigation in the Goose 

Creek Channel, except the portion 

delineated by this rule. Entry into this 

zone is prohibited unless authorized by 

the Captain of the Port Long Island 

Sound. 

Any violation of the safety zone 

described herein is punishable by, 


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51598 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

among other things, civil and criminal 

penalties, in rem liability against the 

offending vessel, and the initiation of 

suspension or revocation proceedings 

against Coast Guard-issued merchant 

mariner credentials. 

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. 

This regulation may have some 

impact on the public, but the potential 

impact will be minimized for the 

following reasons: Vessels may transit 

in all areas of the Goose Creek Channel 

other than the area of the safety zone, 

and may utilize other routes with 

minimal increased transit time. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit in those 

portions of the Goose Creek that are 

covered by the safety zone. 

Assistance for Small Entities 

Under subsection 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 [Pub. L. 104–121], 

the Coast Guard wants to assist small 

entities in understanding this rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. If this rule would affect 

your small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please call LT 

Douglas Miller, Chief Waterway 

Management, Sector Long Island Sound, 

at (203) 468–4596. 

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. 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51599 

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 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 as it 

establishes a safety zone. A final 

environmental analysis checklist and a 

final 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, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0843 to read as 

follows: 

§ 165.T01–0843 Safety Zone: Wantagh 

Parkway 2 Bridge over the Goose Creek 

Channel, Town of Hempstead, New York. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

federal channel on the Goose Creek 

Channel in Town of Hempstead, NY, 

from surface to bottom, within 100 

yards to either side of the Wantagh 2 

Bridge. 

(b) Definitions. The following 

definitions apply to this section: 

Designated on-scene patrol personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who has 

been authorized to act on the behalf of 

the Captain of the Port, Long Island 

Sound. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, entry 

into or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port, Long Island Sound. 

(3) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or the designated on-scene 

patrol personnel. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Persons and vessels may request 

permission to enter the zone on VHF–

16 or via phone at (203) 468–4401. 

(d) Effective Period. This rule is 

effective from 12:01 a.m. on September 

2, 2008 to 11:59 p.m on December 31, 

2008. 

Dated: August 15, 2008. 

Daniel A. Ronan, 

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

Port Long Island Sound. 

[FR Doc. E8–20480 Filed 9–3–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–1001; FRL–8709–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; NOX and SO2 Emissions 

Limitations for Fifteen Coal-Fired 

Electric Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to regulations for 

emission limitations at 15 Maryland 

power plants. The intended effect of this 

action is to approve, with one 

exception, Maryland’s regulation which 

establishes statewide tonnage caps for 

emissions of nitrogen oxides (NOX) and 

sulfur dioxide (SO2) from 15 coal-fired 

electric generating units (EGUs). The 

exception pertains to a portion of the 

rule that Maryland requested EPA take 

no further action on. The provision, 

which EPA has determined has no 

impact on the rule that is being finalized 

today, will be withdrawn in a separate 

notice. This SIP action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on October 6, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2007–1001. 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 

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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 6, 2006, Maryland signed 

into law the Healthy Air Act (Ch. 23, 

Acts of 2006). The Healthy Air Act 

establishes limits on the amount of NOX

and SO2 emissions that affected 

facilities can emit, and does not permit 

the use of allowances to achieve 

compliance. To implement the Healthy 

Air Act, the Maryland Department of the 

Environment (MDE) adopted COMAR 

26.11.27, Emission Limitations for 

Power Plants. These regulations require 

the installation of on-site pollution 

controls at 15 Maryland power plants 

and will ensure that appropriate local 

emission reductions will occur where 

they are needed in order to attain the 8- 

hour ozone and fine particulate matter 

National Ambient Air Quality Standards 

(NAAQS) by 2010. 

A formal SIP revision (#07–10) was 

submitted by MDE on July 12, 2007. On 

January 10, 2008 (73 FR 1851), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of emission limitations and related 

requirements for NOX and SO2 at 15 

coal-fired electric generating units in 

Maryland. No public comments were 

received on the NPR. 

On June 23, 2008, MDE submitted a 

letter withdrawing a portion of the July 

12, 2007 submittal. The withdrawal is 

only for COMAR 26.11.27.03B(7)(a)(iii). 

This provision requires a unit that 

exceeds its ozone season NOX emissions 


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