54952 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

Dated: August 29, 2008. 

E. Pino, 

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

Port San Juan. 

[FR Doc. E8–22410 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0844] 

RIN 1625–AA00 

Safety Zone: Robert Moses Causeway 

Bridge State Boat Channel, Captree, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the State Boat 

Channel surrounding the Robert Moses 

Causeway located in Captree, New York. 

This safety zone is necessary to protect 

vessels transiting 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 8, 2008 until 

11:59 p.m on May 24, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0844 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

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 at Coast Guard 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, Chief of 

Waterways Management, Coast Guard 

Sector Long Island Sound 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 

immediate work is needed to ensure the 

continued safe operation of the Robert 

Moses Causeway Bridge which in turn 

makes the publication of a notice of 

proposed rulemaking and associated 

comment period impractical as it would 

delay the needed repair and 

replacement work on 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 or cancellation of this 

ongoing construction project is not in 

the public interest. In addition, this 

safety zone is necessary to ensure the 

safety of the maritime public and 

construction workers through the 

completion of this bridge construction 

project. 

Background and Purpose 

Currently, the New York Department 

of Transportation is repairing the 

existing bascule and associated 

machinery of the Robert Moses 

Causeway Bridge located over the State 

Boat Channel in Captree, 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 

navigable waters of State Boat Channel 

within 100-yards of the Robert Moses 

Causeway Bridge. This safety zone is 

necessary to protect the safety of the 

boating community who wish to utilize 

the State Boat channel. Vessels may 

utilize the Great South Bay or Jones 

Inlet as an alternative route to using the 

State Boat Channel, adding minimal 

additional transit time. Marine traffic 

may also transit safely outside of the 

safety zone during the effective dates 

thus allowing navigation in all other 

areas of the State Boat Channel, except 

the portion delineated by this rule. 

Discussion of Rule 

This regulation establishes a 

temporary safety zone on the State Boat 

Channel within 100-yards to either side 

of the Robert Moses Causeway Bridge. 

This action is intended to prohibit 

vessel traffic in a portion of the State 

Boat Channel within 100 yards of the 

Robert Moses Causeway Bridge in 

Captree, 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 repair of the existing span. 

The effective period of this safety 

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

8, 2008 until 11:59 p.m. on May 24, 

2009. 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, 

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 State Boat 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. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54953 

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 State Boat Channel that 

are covered by the safety zone. For the 

reasons outlined in the Regulatory 

Evaluation section above, this rule will 

not have a significant impact on a 

substantial number of small entities. 

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 of Waterways 

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. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

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 

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 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 and 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; 


rwilkins on PROD1PC63 with RULES
54954 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0844 to read as 

follows: 

§ 165.T01–0844 Safety Zone: Robert 

Mosses Causeway Bridge State Boat 

Channel, Captree, New York. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

federal channel on the State Boat 

Channel in Captree, NY, from surface to 

bottom, within 100 yards to either side 

of the Robert Mosses Causeway Bridge. 

(b) Definitions. The following 

definition applies 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 have 

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 

8, 2008 until 11:59 p.m on May 24, 

2009. 

Dated: September 5, 2008. 

Daniel A. Ronan, 

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

Port Long Island Sound. 

[FR Doc. E8–22416 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0232; FRL–8382–2] 

Aldicarb, Ametryn, 2,4-DB, Dicamba, 

Dimethipin, Disulfoton, Diuron, et al.; 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking certain 

tolerances for the insecticides/ 

nematicides aldicarb, ethoprop, and 

oxamyl; the insecticides disulfoton, 

malathion, and methyl parathion; the 

miticide/acaricide propargite; the 

fungicides o-phenylphenol and its 

sodium salt, triadimefon, triadimenol, 

and ziram; the herbicides ametryn, 

dicamba, diuron, oxyfluorfen, and 

paraquat; the growth regulator/herbicide 

dimethipin; and the antimicrobial/ 

insecticidal fumigant propylene oxide. 

Also, EPA is modifying certain 

tolerances for the insecticide/ 

nematicide oxamyl; the insecticide 

fenitrothion; the miticide/acaricide 

propargite; the molluscicide 

metaldehyde; the fungicides triadimefon 

and tridemorph; the herbicides ametryn, 

2,4-DB, dicamba, and diuron; and the 

antimicrobial/insecticidal fumigant 

propylene oxide. In addition, EPA is 

establishing tolerances for the 

insecticide/nematicide oxamyl; the 

molluscicide metaldehyde; the 

fungicides etridiazole and streptomycin; 

the herbicides 2,4-DB, dicamba, and 

diuron; and the antimicrobial/ 

insecticidal fumigant propylene oxide 

and propylene chlorohydrin (a reaction 

product formed during the propylene 

oxide sterilization process). Finally, 

because tolerances expired in 2005, EPA 

is removing 40 CFR 180.167 for 

nicotine-containing compounds. The 

regulatory actions finalized in this 

document are in follow-up to the 

Agency’s reregistration program under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), and tolerance 

reassessment program under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

section 408(q). 

DATES: This regulation is effective 

September 24, 2008. Objections and 

requests for hearings must be received 

on or before November 24, 2008, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0232. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

8037; e-mail address: 

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 


rwilkins on PROD1PC63 with RULES