57242 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 

section and adding in its place ‘‘1140– 

0032’’. 

■ 44. Section 478.125a is amended by 

removing ‘‘1512–0387’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0032’’. 

■ 45. Section 478.126 is amended by 

removing ‘‘1512–0387’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0032’’. 

■ 46. Section 478.126a is amended by 

removing ‘‘1512–0006’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0003’’. 

■ 47. Section 478.127 is amended by 

removing ‘‘Spring Mills Office Park, 

2029 Stonewall Jackson Drive, Falling 

Waters, West Virginia 25419’’ in the 

second sentence and adding in its place 

‘‘244 Needy Road, Martinsburg, West 

Virginia 25405’’, and by removing 

‘‘Chief, National Licensing Center’’ and 

adding in its place ‘‘Chief, Federal 

Firearms Licensing Center’’. 

■ 48. Section 478.131 is amended by 

removing ‘‘1512–0544’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0045’’. 

■ 49. Section 478.132 is amended by 

removing ‘‘1512–0526’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0041’’. 

■ 50. Section 478.133 is amended by 

removing ‘‘1512–0526’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0041’’. 

■ 51. Section 478.150 is amended by 

removing ‘‘1512–0544’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0045’’. 

■ 52. Section 478.151 is amended by 

adding a parenthetical text at the end of 

the section to read as follows: 

§ 478.151 Semiautomatic rifles or 

shotguns for testing or experimentation. 

* * * * * 

(Paragraph (b) approved by the Office 

of Management and Budget under 

control number 1140–0037) 

PART 479—MACHINE GUNS, 

DESTRUCTIVE DEVICES, AND 

CERTAIN OTHER FIREARMS 

■ 53. The authority citation for 27 CFR 

Part 479 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ 54. Section 479.21(b) is amended by 

removing ‘‘7943 Angus Court, 

Springfield, Virginia 22153’’ and adding 

in its place ‘‘7664 K Fullerton Road, 

Springfield, Virginia 22150’’. 

■ 55. Section 479.102 is amended by 

removing ‘‘1512–0550’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0050’’. 

■ 56. Section 479.131 is amended by 

removing ‘‘1512–0387’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0032’’. 

PART 555—COMMERCE IN 

EXPLOSIVES 

■ 57. The authority citation for 27 CFR 

Part 555 continues to read as follows: 

Authority: 18 U.S.C. 847. 

■ 58. Section 555.21(b) is amended by 

removing ‘‘7943 Angus Court, 

Springfield, Virginia 22153’’ and adding 

in its place ‘‘7664 K Fullerton Road, 

Springfield, Virginia 22150’’. 

■ 59. Section 555.23 is amended by 

removing ‘‘Center, 7943 Angus Court, 

Springfield, Virginia, 22153’’ and 

adding in its place ‘‘Center (See 

§ 555.21)’’. 

■ 60. Section 555.109 is amended by 

removing the parenthetical text at the 

end of the section and adding in its 

place ‘‘(Approved by the Office of 

Management and Budget under control 

numbers 1140–0055 and 1140–0062)’’. 

■ 61. Section 555.121 is amended by 

removing ‘‘1512–0373’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0030’’. 

■ 62. Section 555.122 is amended by 

removing ‘‘1512–0373’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0030’’. 

■ 63. Section 555.123 is amended by 

removing ‘‘1512–0373’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0030’’. 

■ 64. Section 555.124 is amended by 

removing ‘‘1512–0373’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0030’’. 

■ 65. Section 555.128 is amended by 

removing ‘‘Spring Mills Office Park, 882 

T.J. Jackson Drive, Falling Waters, West 

Virginia 25419’’ in the second sentence 

and adding in its place ‘‘244 Needy 

Road, Martinsburg, West Virginia 

25405’’. 

■ 66. Section 555.181 is amended by 

removing the parenthetical text at the 

end of section. 

■ 67. Section 555.184 is amended by 

removing ‘‘1512–0539’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0042’’. 

■ 68. Section 555.201 is amended by 

removing ‘‘1512–0536’’ in the 

parenthetical text at the end of the 

section and adding in its place ‘‘1140– 

0071’’. 

Dated: September 26, 2008. 

Michael B. Mukasey, 

Attorney General. 

[FR Doc. E8–23178 Filed 10–1–08; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–0738] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Wrightsville Channel, 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing Temporary special local 

regulations for the swim portions of 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’, to be held on the 

waters of Banks Channel, adjacent to 

Wrightsville Beach, North Carolina. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to restrict vessel 

traffic in Wrightsville Channel during 

the swimming portion of this event. 

DATES: This rule is effective from 6 a.m. 

to 11 a.m. on November 1, 2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0738 and are 

available online at www.regulations.gov. 

This material is 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 Fifth 

Coast Guard District, Prevention 

Division, 431 Crawford Street, Room 

416, Portsmouth, VA 23704 between 10 


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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Rules and Regulations 57243 

a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Christopher D. Humphrey, 

Coast Guard Sector North Carolina, 

Atlantic Beach, NC (252) 247–4571. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 18, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Wrightsville Channel, 

Wrightsville Beach, NC in the Federal 

Register (73 FR 48160). We received no 

letters commenting on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

On November 1, 2008, the 

Wilmington YMCA will sponsor the 

‘‘Beach 2 Battleship Full and Half Iron 

Distance Triathlon’’ on the waters of 

Banks Channel including the waters of 

Wrightsville Channel adjacent to 

Wrightsville Beach, North Carolina. The 

swim portion of the event will consist 

of two groups of 500 swimmers entering 

Banks Channel southwest of the Coast 

Guard Station and swimming northeast 

along Wrightsville Channel and Motts 

Channel to Seapath Marina. A fleet of 

spectator vessels are expected to gather 

near the event site to view the 

competition. To provide for the safety of 

the participants, spectators and other 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during this event. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 

specified waters of Wrightsville 

Channel, Wrightsville Beach, NC. 

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. 

Although this regulation prevents 

traffic from transiting a portion of 

Wrightsville Channel and Motts 

Channel during the event, the effect of 

this regulation will not be significant 

due to the limited duration that the 

regulated area will be in effect. 

Extensive advance notification will be 

made to the maritime community via 

marine information broadcast, area 

newspapers, local radio and television 

stations so mariners can adjust their 

plans accordingly. Additionally, the 

regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic will be able to transit the 

regulated area between races, when the 

Coast Guard Patrol Commander deems it 

is safe to do so. 

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. 

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. 

The rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit this section 

of Wrightsville Channel, Motts Channel 

and Banks Channel from 6 a.m. to 11 

a.m. on November 1, 2008. This rule 

would not have a significant economic 

impact on a substantial number of small 

entities for the following reasons. 

Although the regulated area will apply 

to the Wrightsville Channel, traffic may 

be allowed to pass through the regulated 

area with the permission of the Coast 

Guard Patrol Commander. In the case 

where the Patrol Commander authorizes 

passage through the regulated area, 

vessels shall proceed at the minimum 

speed necessary to maintain a safe 

course that minimizes wake near the 

swim course. The Patrol Commander 

will allow non-participating vessels to 

transit the event area once all swimmers 

are safely clear of navigation channels 

and vessel traffic areas. Before the 

enforcement period, we will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the 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). 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 


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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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