53128 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

coal per shift shall be provided with the 

following: 

(i) Two portable fire extinguishers; 

and 

(ii) 240 pounds of rock dust in bags 

or other suitable containers; and 

(iii) At least 500 gallons of water and 

at least three pails of 10-quart capacity; 

or a waterline with sufficient hose to 

reach the working places; or a portable 

water car of at least 500-gallons 

capacity; or a portable, all-purpose, drypowder chemical car of at least 125- 

pounds capacity. 

(3) As an alternative to paragraph 

(a)(2) of this section, each working 

section with no electrical equipment at 

the face of an anthracite coal mine 

producing less than 300 tons of coal per 

shift shall be provided with the 

following: 

(i) Portable fire extinguishers 

containing a total capacity of at least 30 

pounds of dry chemical or 15 gallons of 

foam and located at the entrance to the 

gangway at the bottom of the slope; and 

(ii) Portable fire extinguishers 

containing a total capacity of at least 20 

pounds of dry chemical or 10 gallons of 

foam and located within 500 feet from 

the working face. 

* * * * * 

(e) Electrical installations. At each 

electrical installation, the operator shall 

provide two portable fire extinguishers 

that have a nominal capacity of 5 

pounds of dry chemical, or one 

extinguisher that has a nominal capacity 

of at least 10 pounds of dry chemical, 

and which have a 2–A:10–B:C or higher 

rating. 

* * * * * 

[FR Doc. E8–21448 Filed 9–12–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 105 

[Docket Nos. TSA–2006–24191; USCG– 

2006–24196] 

Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector, Hazardous 

Materials Endorsement for a 

Commercial Driver’s License 

Correction 

Document E8-15489 was 

inadvertently published in the Notices 

section of Wednesday, July 9, 2008, 

beginning on page 39323. It should have 

appeared in the Rules and Regulations 

section. 

[FR Doc. Z8–15489 Filed 9–12–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 105 

[Docket Nos. TSA–2006–24191; USCG– 

2006–24196] 

Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector, Hazardous 

Materials Endorsement for a 

Commercial Driver’s License 

Correction 

Document E8-10244 was 

inadvertently published in the Notices 

section of Wednesday, May 7, 2008, 

beginning on page 25757. It should have 

appeared in the Rules and Regulations 

section. 

[FR Doc. Z8–10244 Filed 9–12–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0837] 

RIN 1625–AA00 

Safety Zone; Agat Bay and Outer Apra 

Harbor, GU 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the waters of Agat Bay and Outer Apra 

Harbor, Guam. The zone will encompass 

two distinct areas, each area bounded by 

a circle with a 300-meter radius on the 

surface and a 2750-meter radius 

underwater, centered at 13°23′00′′ N and 

144°35′00′′ E (NAD 1983) and 13°27′42′′ 

N and 144°38′30′′ E (NAD 1983) 

respectively. This safety zone is 

necessary to protect mariners who 

would otherwise transit or be within the 

affected area from possible safety 

hazards associated with an underwater 

detonation operation. Entry of persons 

or vessels into this temporary safety 

zone is prohibited unless authorized by 

the Captain of the Port. 

DATES: This rule is effective beginning 

September 15, 2008, through September 

17, 2008, daily between the hours of 8 

a.m. and 11:59 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0837 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, 

and the U.S. Coast Guard Sector Guam, 

Naval Base Guam, between 7:30 a.m. 

and 3:30 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, contact Lieutenant Krissy Marlin, 

U.S. Coast Guard Sector Guam, at (671) 

355–4835. If you have questions on 

viewing the docket, call Renne V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 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–2008–0837), 

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, and 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 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 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53129 

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–2008–0837) 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 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; or the Coast 

Guard Sector Guam, Naval Base Guam, 

between 7:30 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays. 

Background and Purpose 

The Coast Guard expects that, on 

September 15th, 16th and 17th 2008, the 

U.S. Navy will conduct an underwater 

detonation of explosives operation 

within the Guam Captain of the Port 

Zone. The Coast Guard has determined 

that a temporary safety zone, that will 

encompass two distinct areas in the 

waters of Agat Bay and outer Apra 

Harbor, is necessary to protect mariners 

and divers from hazards associated with 

the operation. The areas are relatively 

close together, and both are areas where 

underwater demolition exercises will 

occur. 

Discussion of Rule 

This temporary safety zone is effective 

daily between the hours of 8 a.m. to 

11:59 p.m. beginning September 15, 

2008, through September 17, 2008. The 

zone is located within the Guam 

Captain of the Port Zone (See 33 CFR 

3.70–15) and covers all waters bounded 

by a circle with a 300-meter radius on 

the surface and a 2750-meter radius 

underwater, centered at 13°23′00′′ N and 

144°35′00′′ E in Agat Bay and 13°27′42′′ 

N and 144°38′30′′ E in outer Apra 

Harbor, from the surface of the water to 

the ocean floor. 

The general regulations governing 

safety zones contained in 33 CFR 165.23 

apply. Entry into, transit through or 

anchoring within this zone is prohibited 

unless authorized by the Captain of the 

Port or a designated representative 

thereof. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other Captain of the Port 

representative permitted by law, may 

enforce the zone. 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 safety. 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. 

Regulatory Evaluation 

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. 

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 short 

duration of the zone and the limited 

geographic area affected by it. 

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 

impact to small entities due to the 

narrowly tailored scope of this safety 

zone. 

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 this rule so that they 

could 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). 

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 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 

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 


jlentini on PROD1PC65 with RULES
53130 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 

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 

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 under the 

Instruction that there are no factors in 

this case that limit the use of a 

categorical exclusion under section 

2.B.2 of the Instruction. Therefore, 

under figure 2–1, paragraph (34)(g) of 

the Commandant Instruction 

M16475.1D, this rule is categorically 

excluded from further environmental 

documentation because it is a regulation 

establishing a safety zone. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects 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; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–173 to read as 

follows: 

§ 165.T14–173 Safety Zone; Agat Bay and 

adjacent waters, GU. 

(a) Location. The following areas, 

within the Guam Captain of the Port 

Zone (See 33 CFR 3.70–15), from the 

surface of the water to the ocean floor, 

are a safety zone: 

(1) All waters bounded by a circle 

with a 300-meter radius on the surface 

and a 2750-meter radius underwater, 

centered at 13°23′42′′ N and 144°35′00′′ 

E (NAD 1983); 

(2) All waters bounded by a circle 

with a 300-meter radius on the surface 

and a 2750-meter radius underwater, 

centered at 13°27′42′′ N and 144°38′30′′ 

E. 

(b) Effective Dates. This rule is 

effective beginning September 15, 2008, 

through September 17, 2008, daily 

between the hours of 8 a.m. and 11:59 

p.m. 

(c) Enforcement Period. This rule will 

be enforced from 8 a.m. through 11:59 

p.m., each day, from September 15, 

2008, through September 17, 2008. 

(d) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply. Entry 

into, transit through or anchoring within 

this zone is prohibited unless 

authorized by the Captain of the Port or 

a designated representative thereof. 

(e) Enforcement. 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. 

(f) 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. 

Dated: September 3, 2008. 

T. Sparks, 

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

Port Guam. 

[FR Doc. E8–21549 Filed 9–11–08; 4:15 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2005–MD–0013; FRL– 

8714–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendments to the Control 

of Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Maryland Department 

of the Environment (MDE). This 

revision pertains to amendments to the 

regulations for the control of 

incinerators. This action is being taken 

under the Clean Air Act (CAA or the 

Act). 

DATES: Effective Date: This final rule is 

effective on October 15, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2005–MD– 

0013. 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. 


jlentini on PROD1PC65 with RULES