50738 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 

Location Commodity Pest Treatment schedule 

* * * * * * * 

Oranges ............................. Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104–a–1 or 

MB T101–n–2–1. 

CT T107–a. 

* * * * * * * 

Tangerines ......................... Brevipalpus chilensis .........

Ceratitis capitata ................

MB T104–a–1 or 

MB T101–n–2–1. 

CT T107–a. 

* * * * * * * 

* * * * * 

PART 319—FOREIGN QUARANTINE 

NOTICES 

3. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

4. Section 319.56–38 is amended as 

follows: 

a. By revising the section heading and 

the introductory text to read as set forth 

below. 

b. In paragraph (e), by removing the 

words ‘‘Clementines, mandarins, or 

tangerines’’ and adding the words 

‘‘Clementines, grapefruit, mandarins, 

sweet oranges, or tangerines’’ in their 

place. 

c. In paragraph (f), by removing the 

words ‘‘Clementines, mandarins, or 

tangerines’’ and adding the words 

‘‘Clementines, grapefruit, mandarins, 

sweet oranges, and tangerines’’ in their 

place. 

§ 319.56–38 Citrus from Chile. 

Clementines (Citrus reticulata Blanco 

var. Clementine), mandarins (Citrus 

reticulata Blanco), and tangerines 

(Citrus reticulata Blanco) may be 

imported into the continental United 

States and Hawaii from Chile and 

grapefruit (Citrus paradisi Macfad.) and 

sweet oranges (Citrus sinensis (L.) 

Osbeck) may be imported into the 

continental United States from Chile in 

accordance with this section and all 

other applicable provisions of this 

subpart. 

* * * * * 

Done in Washington, DC, this 22nd day of 

August 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–19871 Filed 8–27–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0838] 

RIN 1625–AA00 

Safety Zone: Christmas Holiday Boat 

Parade Fireworks Event, Appomattox 

River, Hopewell, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the 

Appomattox River in the vicinity of 

Hopewell, VA in support of the 

Christmas Holiday Boat Parade 

Fireworks Event. This action will 

protect the maritime public on the 

Appomattox River from the hazards 

associated with fireworks displays. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

September 29, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0838 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 Lieutenant Tiffany Duffy, 

Chief, Waterways Management Division, 

Sector Hampton Roads at (757) 668–

5580. 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–2008–0838), 

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. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 50739 

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–2008–0838) 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 the Commander, Sector 

Hampton Roads, Norfolk Federal 

Building, 200 Granby St., 7th Floor 

between 9 a.m. and 2 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. 

Background and Purpose 

On December 6, 2008 the City of 

Hopewell, VA will sponsor a fireworks 

display on the Appomattox River in 

position 37°19′34′′ N 77°16′00′′ W (NAD 

1983). Due to the need to protect 

mariners and spectators from the 

hazards associated with the fireworks 

display, access to the Appomattox River 

within 420 feet of the fireworks barge 

within the above-mentioned designated 

area will be temporarily restricted. 

Discussion of Proposed Rule 

The Coast Guard is establishing a 

safety zone on specified waters of the 

Appomattox River in the vicinity of 

Hopewell, VA. This safety zone will 

encompass all navigable waters within 

420 feet of the fireworks barge located 

in position 37°19′34′′ N 77°16′00′′ W 

(NAD 1983). This regulated area will be 

established in the interest of public 

safety during the Christmas Holiday 

Boat Parade Fireworks Event and will be 

enforced from 8 p.m. to 9 p.m. on 

December 6, 2008. Access to the safety 

zone will be restricted during the 

specified date and times. Except for 

participants and vessels authorized by 

the Captain of the Port or his 

Representative, no person or vessel may 

enter or remain in the regulated area. 

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 proposed 

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 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 safety zone will only be in 

place for a limited duration. Maritime 

advisories will be issued allowing the 

mariners to adjust their plans 

accordingly. However, this rule may 

affect the following entities, some of 

which may be small entities: Owners 

and operators of vessels intending to 

transit or anchor in that portion of the 

Appomattox River from 8 p.m. to 9 p.m. 

on December 6, 2008. 

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 Lieutenant 

Tiffany Duffy, Chief, Waterways 

Management Division, Sector Hampton 

Roads at (757) 668–5580. 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 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. 


pwalker on PROD1PC71 with PROPOSALS
50740 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Proposed Rules 

Civil Justice Reform 

This proposed 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 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 

M16475.1D, 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. A preliminary 

‘‘Environmental Analysis Check List’’

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 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, 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.T05–0838 to read as 

follows: 

§ 165.T05–0838 Safety Zone: Christmas 

Holiday Boat Parade Fireworks Event, 

Appomattox River, Hopewell, VA. 

(a) Regulated Area. The following area 

is a safety zone: All waters of the 

Appomattox River, located within 420 

feet of position 37°19′′34′ N, 77°16′′00′ 

W (NAD 1983) in the vicinity of 

Hopewell, VA. 

(b) Definition. 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 Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65 Mhz) and 

channel 16 (156.8 Mhz). 

(d) Effective Period. This regulation 

will be in effect from 8 p.m. to 9 p.m. 

on December 6, 2008. 

Dated: August 19, 2008. 

Patrick B. Trapp, 

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

Port Hampton Roads. 

[FR Doc. E8–19988 Filed 8–27–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 144 and 146 

[EPA–HQ–OW–2008–0390; FRL–8709–8] 

RIN 2040–AE98 

Proposed Federal Requirements Under 

the Underground Injection Control 

(UIC) Program for Carbon Dioxide 

(CO2) Geologic Sequestration (GS) 

Wells; Notice of Public Hearings 

AGENCY: Environmental Protection 

Agency. 

ACTION: Announcement of public 

hearings. 

SUMMARY: The Environmental Protection 

Agency (EPA) is holding two public 

hearings to solicit public comment on 

the recently proposed regulations for the 

underground injection of carbon dioxide 

(CO2) for geologic sequestration under 

the Safe Drinking Water Act (SDWA). 

The SDWA requires EPA to protect 

underground sources of drinking water. 

The Underground Injection Control 

(UIC) Program works with States, 

Territories, and Tribes to regulate 

underground injection activities and 


pwalker on PROD1PC71 with PROPOSALS