Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules 6861 

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 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 made a preliminary determination 

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, we believe that 

this proposed rule should be 

categorically excluded, under figure 2–

1, paragraph 34(h) of the Instruction, 

from further environmental 

documentation. This proposed rule 

would establish a special local 

regulation issued in conjunction with a 

regatta or marine parade, and as such is 

covered by this paragraph. 

A preliminary ‘‘Environmental 

Analysis Check List’’ and a preliminary 

‘‘Categorical Exclusion Determination’’

are available in the docket where 

indicated under ADDRESSES. Comments 

on this section will be considered before 

we make the final decision on whether 

the proposed rule should be 

categorically excluded from further 

environmental review. 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, and Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add § 100.910 to read as follows: 

§ 100.910 Southland Regatta; Blue Island, 

IL. 

(a) Regulated Area. A regulated area is 

established to include all waters of the 

Calumet Sag Channel from the South 

Halstead Street Bridge at 41°39′27′′ N, 

087°38′29′′ W; to the Crawford Avenue 

Bridge at 41°39′05′′ N, 087°43′08′′ W; 

and the Little Calumet River from the 

Ashland Avenue Bridge at 41°39′07′′ N, 

087°39′38′′ W; to the junction of the 

Calumet Sag Channel. (DATUM: NAD 

83). 

(b) Special Local Regulations. The 

regulations of § 100.901 apply. No 

vessel may enter, transit through, or 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(c) Effective Period. This section is 

effective annually on the Saturday 

immediately prior to the first Sunday of 

November, from 3 p.m. until 5 p.m.; and 

the first Sunday of November, from 9 

a.m. until 5 p.m. 

Dated: January 17, 2008. 

J.R. Castillo, 

Captain, U.S. Coast Guard, Commander, 

Ninth Coast Guard District, Acting. 

[FR Doc. E8–2165 Filed 2–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0143] 

RIN 1625–AA00 

Safety Zone; Oceanside Harbor, 

California 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary safety zone within the 

navigable waters of the Pacific Ocean in 

Oceanside Harbor, California for the 

Ford Ironman 70.3 California Triathlon. 

This temporary safety zone is necessary 

to provide for the safety of the 

participants (swimmers), crew, 

spectators, and other vessels and users 

of the waterway. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port or his designated 

representative. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 3, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2007–0143 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: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, 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 Petty Officer Kristen Beer, 

Waterways Management, U.S. Coast 

Guard Sector San Diego at (619) 278–

7233. 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 (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2007–0143), 

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 


rwilkins on PROD1PC63 with PROPOSALS
6862 Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules 

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–2007–0143) in the 

box under ‘‘Search’’, and click ‘‘Go’’. 

You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 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 the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

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 

The Ford Ironman 70.3 California 

Triathlon is sponsored by North 

American Sports, Inc. The proposed 

event would consist of twenty-two 

hundred (2,200) participants. The 

waterside swim course begins in South 

Oceanside Harbor, with a turn-around 

in the vicinity of Oceanside Channel 

buoy 3, thence to the Oceanside Harbor 

Launch Ramp for a transition to the 

bicycle portion of the event. The 1.2 

mile swim course would require a safety 

zone while swimmers are on the course, 

thus restricting all vessel traffic within 

Oceanside Harbor for three (3) hours. 

There will be six (6) to eight (8) kayaks, 

two (2) to four (4) paddle boards, fifteen 

(15) surfboards, and two (2) motorboats 

provided by the sponsor to enforce the 

safety zone. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

one (1) safety zone that will be enforced 

from 6:30 a.m. to 9:30 p.m. on Saturday, 

March 29, 2008 for the Ford Ironman 

70.3 California Triathlon. This 

temporary safety zone is necessary for 

the safety of participant swimmers and 

the staff members of the race and will 

affect use of the waterway during the 

period of the event. The event will last 

for one day. The event is anticipated to 

draw fairly large crowds and the safety 

zone is established to ensure their 

safety. The limits of this temporary 

safety zone are the waters of Oceanside 

Harbor, California, including the 

entrance channel. 

The Coast Guard will enforce the 

safety zone. The Coast Guard may be 

assisted by other federal, state, or local 

agencies, including the Coast Guard 

Auxiliary. Section 165.23 of Title 33, 

Code of Federal Regulations, prohibits 

any unauthorized person or vessel from 

entering or remaining in a safety zone. 

Vessels or persons violating this section 

will be subject to both criminal and civil 

penalties. 

Regulatory Evaluation 

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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 

This determination is based on the 

size and location of the safety zone 

within the water. Commercial and 

recreational vessels will not be allowed 

to transit through the designated safety 

zone during the specified times. 

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 factual basis for this 

certification is as follows: 

(1) This proposed rule would affect 

the following entities, some of which 

might be small entities: the owners or 

operators of vessels intending to transit 

or anchor in the portion of the 

Oceanside Harbor, California and the 

entrance channel from 6:30 a.m. to 9:30 

a.m. on March 29, 2008. 

(2) This safety zone would not have 

a significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule would 

be in effect for only three (3) hours early 

in the day when vessel traffic is low. 

Although the safety zone would apply 

to the entire width of the harbor, traffic 

would be allowed to pass through the 

zone with the permission of the Coast 

Guard patrol commander. Before the 

effective period, we would publish local 

notice to mariners (LNM) before the 

safety zone is enforced. 

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 Petty Officer 

Kristen Beer, Waterways Management, 

U. S. Coast Guard Sector San Diego at 

(619) 278–7233. 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. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Proposed Rules 6863 

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 

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 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 made a preliminary determination 

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. 

Words of Issuance and Proposed 

Regulatory Text 

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; 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 new § 165.T11–002 to read as 

follows: 

§ 165.T11–002 Safety zone; Oceanside 

Harbor, California. 

(a) Location. The Coast Guard 

proposes establishing a temporary safety 

zone for the Bluewater Ford Ironman 

70.3 California Triathlon. The limits of 

this temporary safety zone are the 

waters of Oceanside Harbor, California, 

including the entrance channel. 

(b) Effective Period. This section is 

effective from 6:30 a.m. to 9:30 a.m. on 

March 29, 2008. 

(c) Regulations. Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

Dated: January 25, 2008. 

C.V. Strangfeld, 

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

Port, San Diego. 

[FR Doc. E8–2167 Filed 2–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2008–0006; FRL–8525–9] 

Final 8-Hour Ozone National Ambient 

Air Quality Standards Designations for 

the Early Action Compact Areas 

AGENCY: Environmental Protection 

Agency (EPA). 


rwilkins on PROD1PC63 with PROPOSALS