Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59509 

NON-FEDERAL ENTITIES HAVING STATUTORY AUTHORIZATION FOR PARTICULAR SUPPORT—Continued 

Non-Federal entity Authority 

American National Red Cross .................................................................. Section 2552 of title 10 U.S.C. 

Section 2602 of title 10 U.S.C. 

Secretary of The Army Memorandum. ‘‘Support to the Red Cross During Times of Conflict’’. 

Title 32, CFR, part 213. 

MOU between the Department of Justice and American Red Cross. 

Boy Scouts Jamborees ............................................................................ Section 2554 of title 10 U.S.C.

Girl Scouts International Events (Transportation) .................................... Section 2555 of title 10 U.S.C. 

DoD Instruction 1015.9. 

Shelter for Homeless ................................................................................ Section 2556 of title 10 U.S.C. 

National Military Associations; Assistance at National Conventions ....... Section 2558 of title 10 U.S.C. 

DoD Directive 5410.18. 

DoD Instruction 5410.19. 

National Veterans’ Organizations (Beds and Barracks) .......................... Section 2551 of title 10 U.S.C. 

United Seamen’s Service Organization ................................................... Section 2604 of title 10 U.S.C. 

Title 32, CFR, part 213. 

Scouting: Cooperation and Assistance in Foreign Areas ........................ Section 2606 of title 10 U.S.C. 

DoD Instruction 1015.9. 

Civil Air Patrol ........................................................................................... Section 9441 of title 10 U.S.C. 

Section 9442 of title 10 U.S.C. 

Section 40301 of title 36 U.S.C. 

Assistance for certain youth and charitable organizations ...................... Section 508 of title 32 U.S.C. 

DoD Directive 1100.20. 

Presidential Inaugural Ceremonies .......................................................... Section 2553 of title 10 U.S.C. 

Specified Sporting Events (Olympics) ...................................................... Section 2564 of title 10 U.S.C. 

DoD Directive 2000.15. 

Fire Protection Agreements ...................................................................... Section 1856 of title 42 U.S.C. et seq. 

Armed Services Young Men’s Christian Association ............................... Section 2012 of title 10 U.S.C. 

Section 2648 of title 10 U.S.C. 

Section 508 of title 32, U.S.C. 

MOU between DoD and the Armed Services YMCA. 

Support for Youth Organizations .............................................................. Section 1058 of Public Law 109–163 (Note to Section 301 of title 5 

U.S.C.). 

Section 8126 of Public Law 109–148 (Note to Section 101 of title 10 

U.S.C. and Section 301 of title 5 U.S.C.). 

Dated: September 30, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–23970 Filed 10–8–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0246] 

RIN 1625–AA00 

Safety Zone; BWRC Annual 

Thanksgiving Regatta; Lake Moolvalya, 

Parker, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of Lake Moolvalya 

region on the lower Colorado River in 

support of the Bluewater Resort and 

Casino Annual Thanksgiving Regatta. 

This safety zone is necessary to provide 

for the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

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

on November 28, 2008 through 6 p.m. 

on November 30, 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–2008–0246 and are 

available online at http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

XXXX–XXXX in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 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 U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

between 8 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 Petty Officer Kristen Beer, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7233. 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 June 11, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety zone; BWRC Annual 

Thanksgiving Regatta; Lake Moolvalya, 

Parker, Arizona in the Federal Register 

(73 FR 33028). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 


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59510 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 

Background and Purpose 

Southern California Speedboat Club is 

sponsoring the Bluewater Resort and 

Casino Annual Thanksgiving Regatta. 

The event is a circle boat race consisting 

of 85 powerboats ranging from 12 to 22 

feet in length. This safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and other users of the 

waterway. 

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 determination is based on the 

size and location of the safety zone. 

Commercial vessels will not be 

hindered by the safety zone because 

they may seek authorization from the 

Captain of the Port or his designated 

representative to travel through the 

safety zone. Recreational vessels will 

not be allowed to transit through the 

designated safety zone during the 

specified times. 

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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the region of Lake Moolvalya on the 

lower Colorado River from 6 a.m. to 

6 p.m. on November 28, 2008 through 

November 30, 2008. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will be 

in effect for 12 hours per day for a 

period of three days. Although the 

safety zone will apply to the entire 

width of the river, traffic will be 

allowed to pass through the zone with 

the permission of the Captain of the Port 

or his designated representative. Before 

the effective period, we will publish a 

local notice to mariners (LNM) and will 

issue broadcast notice to mariners 

(BNM) alerts via marine channel 16 

VFH before the safety zone is enforced. 

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 

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 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations 59511 

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 

Commandant Instruction M16475.lD 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ are 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, 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T11–034 to read as 

follows: 

§ 165.T11–034 Safety zone; BWRC Annual 

Thanksgiving Regatta; Lake Moolvalya, 

Parker, AZ. 

(a) Location. The limits of the 

proposed safety zone are as follows: the 

Headgate Dam at 34°10.15′ N, 114°16.62′ 

W to 34°10.08′ N, 114°16.61′ W 

following the river east to a line at 

34°10.25′ N, 114°15.70′ W to 34°10.37′ 

N, 114°15.74′ W. 

(b) Enforcement Period. This section 

will be enforced daily from 6 a.m. to 

6 p.m. on November 28, 2008 through 

November 30, 2008. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: September 25, 2008. 

T.H. Farris, 

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

Port Sector San Diego. 

[FR Doc. E8–23906 Filed 10–8–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0245] 

RIN 1625–AA00 

Safety Zone; BWRC ‘300’ Enduro; Lake 

Moolvalya, Parker, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard establishes a 

safety zone, on the navigable waters of 

Lake Moolvalya region on the lower 

Colorado River, in support of the 

Bluewater Resort and Casino ‘300’ 

Enduro. This safety zone is necessary to 

provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

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

on October 24, 2008 through 6 p.m. on 

October 26, 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–2008–0245 and are 

available online at http:// 

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 U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

between 8 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 Petty Officer Kristen Beer, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7233. 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 June 11, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; BWRC ‘300’ 

Enduro; Lake Moolvalya, Parker, 

Arizona in the Federal Register (73 FR 

33033). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

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. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the public’s safety. 


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