52926 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

Dated: August 31, 2008. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–21361 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

Naval Support Activity, Panama City, 

FL 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is establishing ten 

restricted areas at Naval Support 

Activity (NSA), Panama City (PC), 

Florida. NSA, Panama City, and its 

major tenant command, the Naval 

Surface Warfare Center (NSWC), have 

been recognized as one of the lead 

research, development, test and 

evaluation laboratories of the U.S. Navy. 

In addition, the Naval Diving and 

Salvage Training Center (NDSTC) was 

relocated from the Washington Navy 

Yard to NSA PC and now hosts a 

consolidated training for the U.S. Army 

Corps of Engineers, U.S. Coast Guard, 

the Navy’s satellite dive schools, the 

U.S. Marine Corps and the U.S. Air 

Force. As such, a large majority of 

military dive training is now 

concentrated at NSA, PC. The restricted 

areas in Panama City waters meet strict 

military training parameters that cannot 

be duplicated elsewhere. Military 

training in and around St. Andrews Bay 

has existed in harmony with local boat 

traffic and development since 1945. 

NSA, PC is formalizing these ongoing 

activities within the waters of St. 

Andrews Bay in an effort to maximize 

public safety and to preserve current 

military training vital to the Global War 

on Terror and to all service military 

readiness. 

DATES: Effective Date: October 14, 2008. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO (David B. 

Olson), 441 G Street, NW., Washington, 

DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division at 904–232–1680. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. General Comments and Responses 

III. Changes to Proposal 

I. Background 

Pursuant to its authorities in Section 

7 of the Rivers and Harbors Act of 1917 

(40 Stat. 266; 33 U.S.C. 1) and Chapter 

XIX of the Army Appropriations Act of 

1919 (40 Stat. 892; 33 U.S.C. 3) the 

Corps is amending the regulations in 33 

CFR part 334 by establishing ten 

separate restricted areas as described in 

the SUMMARY paragraph above. The 

proposed regulations were published in 

the U.S. Army Corps of Engineers 

published a proposed rule in July 18, 

2007, issue of the Federal Register (72 

FR 39355) with a 30-day comment 

period. 

II. General Comments and Responses 

In response to the proposed rule, six 

comments were received. Comments 

were provided by an energy company, a 

non-governmental environmental 

organization, a state government 

department and other members of the 

public. The majority of the comments 

resulted from a misunderstanding of the 

actual utilization of the proposed 

restricted areas. Generally, the 

commenters presumed that anytime any 

of the proposed restricted areas were in 

use the entire area encompassed by the 

restricted area would be closed to public 

utilization. This is not the case since the 

military intends to utilize safety vessels 

accompanying each training session to 

define the area within a restricted area 

which is temporarily unavailable to the 

public. The definition of the term 

‘‘military security zones’’ was redefined 

to make this distinction more apparent. 

The non-governmental environmental 

organization was concerned about the 

potential impacts of the military 

training operation on the manatee. The 

Corps contacted the organization to 

discuss the concerns. During these 

discussions, it was noted that the 

proposed restricted areas are not an 

indication of an increase in military 

training; rather it was an effort to 

provide better protection to the military 

and the public during the training 

sessions. The military use of these areas 

has been ongoing for many years and 

the proposed establishment of the 

restricted areas is not anticipated to 

increase the potential for impacts to the 

manatee. Additionally, the military 

noted the possibility that they would be 

able to provide additional data on the 

manatee since they will have spotters on 

each of the safety vessels accompanying 

the training operation. These spotters 

would be able to provide the 

organization with information on any 

manatee they sighted during the training 

operations. The organization provided a 

response of concurrence with the 

findings of the Corps and a removal of 

any objections to the establishment of 

the restricted areas. 

III. Changes to Proposal 

All of the paragraphs containing 

descriptions of the proposed restricted 

areas were modified to simplify and 

clarify the geographic boundaries of 

each. All of the restriction related 

paragraphs were revised to better define 

the term ‘‘military security zones’’ and 

to provide information on how 

activation of the restricted areas is to be 

noticed. The term ‘‘military security 

zones’’ is now more clearly identified as 

specific portion/s within any of the 

restricted areas which are defined by the 

safety vessels accompanying each 

training exercise. A new subparagraph 

added to each of the restriction 

paragraphs provided information 

regarding the notification of activation 

of any of the proposed restricted areas 

by way of General Local Notice to 

Mariners for normal/routine activations 

and by Notice to Mariners and 

Broadcast Notice to Mariners for 

significant exercise and training events. 

Procedural Requirements 

a. Review Under Executive Order 

12866. These rules are issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. These rules have been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps determined 

that these restricted areas would have 

practically no economic impact on the 

public, and would not create any 

anticipated navigational hazard or 

interference with existing waterway 

traffic. These rules will have no 

significant economic impact on small 

entities. 

c. Review Under the National 

Environmental Policy Act. These 

regulations will not have a significant 

impact to the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement 

will not be required. An environmental 

assessment has been prepared. It may be 

reviewed at the district office listed at 

the end of FOR FURTHER INFORMATION

CONTACT, above. 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52927 

d. Unfunded Mandates Act. These 

rules do not impose an enforceable duty 

among the private sector and, therefore, 

are not a Federal private sector mandate 

and are not subject to the requirements 

of Section 202 or 205 of the Unfunded 

Mandates Reform Act (Pub. L. 104–4, 

109 Stat. 48, 2 U.S.C. 1501 et seq.). We 

have also found under Section 203 of 

the Act, that small governments will not 

be significantly or uniquely affected by 

these rules. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

■ For the reasons set out in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Add § 334.761 to read as follows: 

§ 334.761 Naval Support Activity Panama 

City; St. Andrews Bay; restricted areas. 

(a) The areas. (1) Area AP–1. The area 

is bounded by a line connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°10′00′′ N, 085°44′37′′ W; Northeast 

point—30°10′00′′ N, 085°43′17′′ W; 

Southeast point—30°09′51′′ N, 

085°43′17′′ W; Southwest point— 

30°09′50′′ N, 085°44′32′′ W; following 

mean high waterline to 30°09′57.5′′ N, 

085°44′37′′ W; then northerly to point of 

origin. 

(2) Area BA–1. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°11′14′′ N, 085°44′59′′ W; Northeast 

point—30°11′13′′ N, 085°44′32′′ W; 

Southeast point—30°10′31′′ N, 

085°44′32′′ W; Southwest point— 

30°10′32′′ N, 085°44′59′′ W, then 

northerly to point of origin. 

(3) Area BA–2. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°11′13′′ N, 085°44′32′′ W; Northeast 

point—30°11′07′′ N, 085°44′01′′ W; 

Southeast point—30°10′32′′ N, 

085°44′00′′ W; Southwest point— 

30°10′31′′ N, 085°44′32′′ W, then 

northerly to point of origin. 

(4) Area BA–3. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°10′32′′ N, 085°44′59′′ W; Northeast 

point—30°10′32′′ N, 085°44′09′′ W; 

Southeast point—30°10′00′′ N, 

085°44′09′′ W; Southwest point— 

30°10′01′′ N, 085°44′41′′ W, then 

northerly to point of origin. 

(5) Area BA–4. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°10′32′′ N, 085°44′09′′ W; Northeast 

point—30°10′32′′ N, 085°42′35′′ W; 

Southeast point—30°10′00′′ N, 

085°42′35′′ W; Southwest point— 

30°10′00′′ N, 085°44′09′′ W, then 

northerly to point of origin. 

(6) Area BA–5. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): North point—30°08′41′′ 

N, e 085°41′25′′ W; East point— 

30°08′08′′ N, 085°40′48′′ W; South 

point—30°07′00′′ N, 085°42′29′′ W; West 

point—30°07′31′′ N, 085°43′09′′ W, then 

northerly to point of origin. 

(b) The restrictions. (1) For the 

purposes of this section, ‘‘military 

security zones’’ are specific portion/s 

within any of the restricted areas 

identified in this section that are 

defined by the safety vessels 

accompanying each training exercise. 

The mission of the safety vessels is to 

maximize safety conditions for both 

military and civilian personnel during 

exercises conducted within the 

restricted area by intercepting any 

waterbased activity occurring within the 

active military security zone/s and 

offering navigational advice to ensure 

the activity remains clear of the 

exercise. 

(2) All areas identified in this section 

have the potential to be active at any 

time. The normal/routine activation of 

any area will be noticed to the public 

via a General Local Notice to Mariners. 

Activation of any area for significant 

exercises and training events will be 

noticed, in advance and during the 

event, to the public via Notice to 

Mariners and Broadcast Notice to 

Mariners. 

(3) Area AP–1. All persons, vessels, 

and other craft are prohibited from 

entering, transiting, anchoring, or 

drifting within the military security 

zone/s established in the restricted area 

during training events. 

(4) Areas BA–1 through BA–5. All 

persons, vessels, and other craft are 

prohibited from entering, transiting, 

anchoring, or drifting within the 

military security zone/s established in 

the restricted area during training 

events. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding Officer, Naval Support 

Activity, Panama City Florida, and such 

agencies as he/she may designate. 

■ 3. Add § 334.762 to read as follows: 

§ 334.762 Naval Support Activity Panama 

City; North Bay and West Bay; restricted 

areas. 

(a) The areas. (1) Area NB–1. The area 

is bounded by a line directly connecting 

the following coordinates (listed by 

latitude, then longitude): Northwest 

point—30°12′16′′ N, 085°44′14′′ W; 

Northeast point—30°12′16′′ N, 

085°43′01′′ W; Southeast point— 

30°11′16′′ N, 085°44′14′′ W; Southwest 

point—30°11′17′′ N, 085°44′49′′ W, then 

northerly to point of origin. 

(2) Area NB–2. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): Northwest point— 

30°14′00′′ N, 085°44′14′′ W; Northeast 

point—30°14′00′′ N, 085°41′51′′ W; 

Southeast point—30°12′16′′ N, 

085°43′01′′ W; Southwest point— 

30°12′16′′ N, 085°44′14′′ W, then 

northerly to point of origin. 

(3) Area NB–3. The area is bounded 

by a line directly connecting the 

following coordinates (listed by latitude, 

then longitude): North point—30°17′02′′ 

N, 085°45′34′′ W; East point—30°14′56′′ 

N, 085°43′45′′ W; South point— 

30°14′01′′ N, 085°44′59′′ W; West 

point—30°16′10′′ N, 085°46′52′′ W, then 

northerly to point of origin. 

(b) The restrictions. (1) For the 

purposes of this section, ‘‘military 

security zones’’ are specific portion/s 

within any of the restricted areas 

identified in this section that are 

defined by the safety vessels 

accompanying each training exercise. 

The mission of the safety vessels is to 

maximize safety conditions for both 

military and civilian personnel during 

exercises conducted within the 

restricted area by intercepting any 

waterbased activity occurring within the 

active military security zone/s and 

offering navigational advice to ensure 

the activity remains clear of the 

exercise. 

(2) All areas identified in this section 

have the potential to be active at any 

time. The normal/routine activation of 

any area will be noticed to the public 

via a General Local Notice to Mariners. 

Activation of any area for significant 

exercises and training events will be 

noticed, in advance and during the 

event, to the public via Notice to 

Mariners and Broadcast Notice to 

Mariners. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding Officer, Naval Support 

Activity, Panama City Florida, and such 

agencies as he/she may designate. 


ebenthall on PROD1PC60 with RULES
52928 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

■ 4. Add § 334.763 to read as follows: 

§ 334.763 Naval Support Activity Panama 

City; Gulf of Mexico; restricted area. 

(a) The area. The area is bounded by 

a line directly connecting the following 

coordinates (listed by latitude, then 

longitude): North point—30°10′29′′ N, 

085°48′20′′ W; East point—30°07′58′′ N, 

085°44′44′′ W; South point—30°05′24′′ 

N, 085°47′29′′ W; West point—30°07′55′′ 

N, 085°51′05′′ W, then northerly to point 

of origin. 

(b) The restrictions. (1) For the 

purposes of this section, ‘‘military 

security zones’’ are specific portion/s 

within any of the restricted areas 

identified in this section that are 

defined by the safety vessels 

accompanying each training exercise. 

The mission of the safety vessels is to 

maximize safety conditions for both 

military and civilian personnel during 

exercises conducted within the 

restricted area by intercepting any 

waterbased activity occurring within the 

active military security zone/s and 

offering navigational advice to ensure 

the activity remains clear of the 

exercise. 

(2) All areas identified in this section 

have the potential to be active at any 

time. The normal/routine activation of 

any area will be noticed to the public 

via a General Local Notice to Mariners. 

Activation of any area for significant 

exercises and training events will be 

noticed, in advance and during the 

event, to the public via Notice to 

Mariners and Broadcast Notice to 

Mariners. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding Officer, Naval Support 

Activity, Panama City Florida, and such 

agencies as he/she may designate. 

Dated: September 5, 2008. 

James R. Hannon, Jr., 

Acting Chief, Operations, Directorate of Civil 

Works. 

[FR Doc. E8–21292 Filed 9–11–08; 8:45 am] 

BILLING CODE 3710–92–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 130 

[EPA–R07–OW–2008–0613; FRL–8713–5] 

Public Notice on the Internet of Region 

7 Disapprovals of Clean Water Act 

Impaired Waters Lists 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of change in procedures. 

SUMMARY: EPA Region 7 is announcing 

a change to its procedures for issuing a 

public notice seeking comment on the 

Region’s disapproval of a submittal by a 

state of an impaired waters list under 

Clean Water Act Section 303(d). We 

intend to provide this public notice on 

the Internet at http://www.epa.gov/ 

region7 rather than by publication in 

newspapers of general circulation 

throughout the state. 

DATES: This change in procedures will 

be effective on September 12, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jeannette Schafer at (913) 551–7297 or 

by e-mail at schafer.jeannette@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

notice announces a change to the 

manner in which EPA Region 7 issues 

a public notice seeking comment under 

40 CFR 130.7(d)(2) on the Region’s 

disapproval of a submittal by a state of 

a Clean Water Act (‘‘CWA’’) Section 

303(d) List. 

Under Section 303(d)(1)(A) of the 

CWA, each state is required to identify 

and prioritize those waters within its 

boundaries for which technology-based 

effluent limitations and other required 

controls are not stringent enough to 

achieve the applicable water quality 

standards. See CWA 303(d)(1); 40 CFR 

130.7(b)(1). After a state develops its 

CWA Section 303(d) List, the state must 

then submit the list to EPA for review 

and approval. See 40 CFR 130.7(d)(1). 

Within 30 days of a state’s submission, 

EPA must approve or disapprove the 

state’s list. If EPA disapproves the 

state’s CWA Section 303(d) List, it must 

identify the impaired waters that should 

be listed within 30 days from the date 

of disapproval. EPA regulations provide 

that the Regional Administrator must 

promptly issue a public notice seeking 

comment on EPA’s listing decision. 

After considering public comment and 

making appropriate revisions, the 

Region transmits the list to the state. See 

40 CFR 130.7(d)(2). 

The CWA and applicable regulations 

do not specify the type of public notice 

to be issued for EPA listing actions. In 

the past, EPA Region 7 has issued 

public notices through publication in 

newspapers of general circulation. 

In light of the continuing 

improvements in public access to the 

Internet and EPA’ s ability to 

disseminate materials on the Internet, 

EPA Region 7 intends to notify the 

public of listing actions under 40 CFR 

130.7(d)(2) by placing notices on the 

Internet rather than using publication in 

newspapers of general circulation. The 

Internet provides a more effective and 

efficient means to provide notice. Using 

the Internet makes the notice available 

to the public during the entirety of the 

comment period, rather than only on the 

day the notice is published in the local 

newspaper. The Region believes the 

Internet notice is likely to reach a larger 

audience, since the Internet is generally 

available through schools, work, and 

libraries. Internet notice also enables the 

Region to reach beyond the finite 

distribution areas of local newspapers to 

make interested persons aware of the 

Region’s listing decision. We plan to 

place the notices on the EPA Region 7 

Web site at http://www.epa.gov/region7. 

The Region also plans to issue news 

releases notifying media outlets about 

our listing decisions, as well as 

notifications to elected officials and 

interested parties. The letter 

transmitting the final list to the state 

will be accessible from http:// 

www.epa.gov/region7. 

To the extent that this announcement 

may be considered a rule, EPA 

considers it to be a procedural rule 

which is exempt from notice and 

comment rulemaking requirements 

under 5 U.S.C. 553(b)(3)(A). 

Authority: 33 U.S.C. 1313(d); 40 CFR 

130.7. 

Dated: August 28, 2008. 

William A. Spratlin, 

Director, Water, Wetlands and Pesticides 

Division, Region 7. 

[FR Doc. E8–21233 Filed 9–11–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1554–F] 

RIN 0938–AP19 

Medicare Program; Inpatient 

Rehabilitation Facility Prospective 

Payment System for Federal Fiscal 

Year 2009 

Correction 

In rule document Z8–17797 beginning 

on page 46370 in the issue of Friday, 

August 8, 2008, make the following 

correction: 

On page 46375, in Table 1, in the 

third column, in the ninth entry,‘‘.0347’’ 

should read ‘‘3.0347’’. 

[FR Doc. Z8–17797 Filed 9–11–08; 8:45 am] 

BILLING CODE 1505–01–D 


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