57244 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 

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)(h), of the Instruction, 

from further environmental 

documentation. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35–T05– 

0738 to read as follows: 

§ 100.35–T05–0738 Wrightsville Channel, 

Wrightsville Beach, NC. 

(a) Regulated area. The regulated area 

is established for the waters of Banks 

Channel, adjacent to Wrightsville Beach, 

NC, from the southern tip of 

Wrightsville Beach approximate 

position latitude 34°11′15′′ N, longitude 

077°48′51′′ W, thence northeast to 

Seapath Marina, Wrightsville Beach, 

NC. approximate position latitude 

34°12′45′′ N, longitude 077°48′27′′ W. 

All coordinates reference Datum NAD 

1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who have been designated by the 

Commander, Coast Guard Sector North 

Carolina. 

(2) Official Patrol means any person 

or vessel assigned or approved by 

Commander, Coast Guard Sector North 

Carolina with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

(3) Participant includes all swimmers 

and support vessels participating in the 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’ under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector North 

Carolina. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: (i) Stop the vessel 

immediately when directed to do so by 

any Official Patrol and then proceed 

only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) The operator of a vessel in the 

regulated area shall stop the vessel 

immediately when instructed to do so 

by the Official Patrol and then proceed 

as directed. 

(iv) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the swim course. 

(d) Enforcement Period. This section 

will be enforced from 6 a.m. to 11 a.m. 

on November 1, 2008. 

Dated: September 25, 2008. 

Neil O. Buschman, 

Captain, U.S. Coast Guard Commander, Fifth 

Coast Guard District Acting 

[FR Doc. E8–23188 Filed 10–1–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0076] 

RIN 1625–AA01 

Anchorage Regulations; Yarmouth, 

ME, Casco Bay; Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Correcting amendments. 

SUMMARY: The Coast Guard published a 

final rule in the Federal Register on 

March 12, 2008 (73 FR 13125), creating 

three special anchorage areas in 

Yarmouth, Maine. That rule contained 


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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 57245 

imprecise coordinates. With this 

document the Coast Guard is correcting 

the coordinates of the boundaries to the 

three Yarmouth special anchorages 

listed in 33 CFR 110.5, in response to 

more detailed information received from 

the National Ocean Service (NOS). 

These changes will not affect the 

locations or the size of the anchorages. 

DATES: This correction is effective 

November 3, 2008. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

John J. Mauro, First Coast Guard District 

Prevention and Waterways, (617) 223– 

8355, E-mail: John.J.Mauro@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 12, 2008, we published a 

final rule entitled Anchorage 

Regulations; Yarmouth, ME, Casco Bay 

in the Federal Register (73 FR 13125) 

establishing three Special Anchorage 

areas in Yarmouth, Maine, Casco Bay. 

However, NOS notified the Coast Guard 

that the geographic coordinates for 

Madeleine and Sandy Point Special 

Anchorage and Drinkwater Point and 

Princes Point Special Anchorages used 

in the NPRM and final rules created a 

boundary that did not entirely enclose 

the anchorage areas. NOS is able to plot 

very precise coordinates, and 

determined that the published 

coordinates allowed a ‘‘gap’’ of a few 

yards in the boundaries of these 

anchorages. The Coast Guard has 

reviewed the updated coordinates and 

graphics sent by NOS and agrees with 

NOS’s assessment. We have issued this 

correction with the updated coordinates 

for the boundaries according to NOS’s 

assessment. We will notify mariners of 

this correction via the Local Notice to 

Mariners once this rule appears in the 

Federal Register. 

Need for Correction 

As published, the final rule contains 

errors that need to be clarified. The 

boundaries of an anchorage area should 

completely enclose the area, without 

any gaps that could create confusion 

when represented on a chart. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

■ For the reasons discussed in the 

preamble, the Coast Guard corrects 33 

CFR part 110 by making the following 

correcting amendments: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471; 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 110.5 paragraph (f) to read 

as follows: 

§ 110.5 Casco Bay, Maine. 

* * * * * 

(f) Yarmouth Harbor and adjacent 

waters—(1) Littlejohn Island/Doyle 

Point Cousins Island Special Anchorage. 

All of the waters enclosed by a line 

connecting the following points: 

Starting from the northernmost point of 

Littlejohn Island at latitude 43°45′51.6′′ 

N, longitude 70°06′57.0′′ W; thence to 

latitude 43°45′46.8′′ N, longitude 

70°06′53.4′′ W; thence to latitude 

43°45′25.8′′ N, longitude 70°07′22.8′′ W; 

thence to latitude 43°45′16.8′′ N, 

longitude 70°07′40.8′′ W; thence to 

latitude 43°44′57.0′′ N, longitude 

70°08′27.0′′ W; thence to latitude 

43°44′59.9′′ N, longitude 70°08′30.0′′ W. 

DATUM: NAD 83. 

(2) Madeleine and Sandy Point 

Special Anchorage. All of the waters 

enclosed by a line connecting the 

following points: Starting from a point 

northeast of Birch Point on Cousins 

Island at latitude 43°45′15.1′′ N, 

longitude 70°09′16.8′′ W; thence to 

latitude 43°45′21.0′′ N, longitude 

70°09′30.0′′ W; thence to latitude 

43°45′37.8′′ N, longitude 70°09′10.8′′ W; 

thence to latitude 43°45′57.0′′ N, 

longitude 70°08′58.8′′ W; thence to 

latitude 43°46′01.3′′ N, longitude 

70°08′45.0′′ W. DATUM: NAD 83. 

(3) Drinkwater Point and Princes 

Point Special Anchorage. All of the 

waters enclosed by a line connecting the 

following points: Starting south of 

Drinkwater Point in Yarmouth, Maine at 

latitude 43°46′26.8′′ N, longitude 

70°09′17.0′′ W; thence to latitude 

43°46′21.0′′ N, longitude 70°09′09.6′′ W; 

thence to latitude 43°46′04.2′′ N, 

longitude 70°09′46.2′′ W; thence to 

latitude 43°45′28.8′′ N, longitude 

70°10′24.0′′ W; thence to latitude 

43°45′43.2′′ N, longitude 70°10′24.0′′ W. 

DATUM: NAD 83. 

Note to paragraph (f). An ordinance of the 

Town of Yarmouth, Maine requires the 

approval of the Yarmouth Harbor Master for 

the location and type of moorings placed in 

these special anchorage areas. All anchoring 

in the areas are under the supervision of the 

Yarmouth Harbor Master or other such 

authority as may be designated by the 

authorities of the Town of Yarmouth, Maine. 

All moorings are to be so placed that no 

moored vessel will extend beyond the limit 

of the anchorage area. 

Dated: September 16, 2008. 

Liam J. Slein, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. E8–23200 Filed 10–1–08; 8:45 am] 

BILLING CODE 4910–15–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1228 

[FDMS Docket NARA–07–0004] 

RIN 3095–AB43 

Federal Records Management; Media 

Neutral Schedules 

AGENCY: National Archives and Records 

Administration. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to the final regulations, 

which were published in the Federal 

Register of Thursday, November 15, 

2007 (72 FR 64155). The regulations 

allowed agencies to make new Federal 

records schedules and certain existing 

approved records schedules applicable 

to series of records regardless of the 

medium in which the records are 

created and maintained. 

DATES: October 2, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Laura McCarthy at 301–837–1640. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this correction made new 

Federal records schedules media neutral 

unless otherwise specified and allowed 

schedules previously approved for hard 

copy records to be applied to electronic 

versions of the files if certain conditions 

are met. The regulation applies to all 

Federal agencies, including the National 

Archives and Records Administration 

(NARA). 

Need for Correction 

As published, the final regulations 

contain an error in § 1228.24(b)(3); the 

paragraph requires an effective date and 

not the instruction to use the effective 

date of the rule. 

List of Subjects in 36 CFR Part 1228 

Archives and records. 

■ Accordingly, 36 CFR part 1228 is 

corrected by making the following 

correcting amendment: 

PART 1228–DISPOSITION OF 

FEDERAL RECORDS 

■ 1. The authority citation for part 1228 

continues to read as follows: 


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