Federal Register / Vol. 68, No. 19 / Wednesday, January 29, 2003 / Rules and Regulations 4383

DEPARTMENT OF TRANSPORTATION Regulatory Information boats, jet skis, sea walker, and divers) On September 26, 2002, we published near Hotel Wharf might be temporarily Coast Guard a notice of proposed rulemaking relocated to alternative sites during (NPRM) entitled ‘‘Regulated Navigation periods when the security zones are in 33 CFR Part 165 Areas and Security Zones; Escorted effect. The Coast Guard considers these issues to be minimal given the small Vessels-Philippine Sea, Guam, Apra size and the short duration of the [CGD14–02–002] Harbor, Guam and Tanapag Harbor, security zones in any given area. In Saipan, Commonwealth Northern addition, persons or vessels that must RIN 2115–AA97 Mariana Islands’’ in the Federal enter a security zone may request and Register (67 FR 60630). We received two receive permission from the COTP via Regulated Navigation Areas and letters commenting on the proposed telephone or VHF channel 16 on a case- Security Zones; Escorted Vessels— rule. No public hearing was requested by-case basis. The Coast Guard has Philippine Sea, Guam, Apra Harbor, and none was held. Under 5 U.S.C. considered these issues and has Guam and Tanapag Harbor, Saipan, 553(d)(3), the Coast Guard finds good Commonwealth of the Northern determined no change to the proposed cause for making this rule effective less rule is required. Mariana Islands than 30 days after publication in the Federal Register. Any delay in the Regulatory Evaluation AGENCY: Coast Guard DOT. effective date of this regulation would The rule is not a ‘‘significant ACTION: Final rule. be contrary to the public interest since regulatory action’’ under section 3(f) of prompt action is needed to ensure the Executive Order 12866, Regulatory SUMMARY: The Coast Guard is security of vessels, ports, facilities, and establishing regulated navigation areas Planning and Review, and does not the maritime communities of this require an assessment of potential costs (RNAs) and security zones for vessels region. Prompt implementation would determined to be in need of a Coast and benefits under section 6(a)(3) of that provide adequate security measures Order. The Office of Management and Guard escort by the Captain of the Port needed to protect vulnerable vessels and (COTP) Guam. The security zones for Budget has not reviewed it under that maritime infrastructure from potential Order. It is not ‘‘significant’’ under the these escorted vessels will close all threats. waters of Philippine Sea, Guam, Apra regulatory policies and procedures of Harbor, Guam (including Cabras Island Background and Purpose the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). The Channel), and Tanapag Harbor, Saipan, Terrorist incidents within the United Commonwealth of the Northern Mariana U.S. Coast Guard expects the economic States on September 11, 2001 have impact of this rule to be so minimal that Islands, within a 100-yard radius called for the implementation of around an escorted vessel while in the a full Regulatory Evaluation under measures to protect U.S. seaports and paragraph 10(e) of the regulatory RNA. This action is necessary to protect transportation infrastructure. In personnel, vessels, and facilities from policies and procedures of DOT is addition, national security and unnecessary. This expectation is based sabotage or other subversive acts, intelligence officials warn that future accidents, or other events of a similar on the limited duration of the zones. terrorist attacks against civilian targets Vessels will also be able to transit the nature. The RNAs will require vessels are anticipated and that U.S. seaports within 500 yards of an escorted vessel RNAs freely outside of any security are particularly vulnerable. These rules zones. In addition, the COTP may allow to travel at minimum safe speed and the are intended to provide for the safety security zones will prohibit vessels in the security zones on a case- and security of the public, maritime by-case basis. unauthorized entry within a 100-yard commerce, and transportation by radius of an escorted vessel in these protecting persons, vessels, and seaport Small Entities RNAs. This rule is not intended to facilities in the waters of Philippine Sea, Under the Regulatory Flexibility Act replace or modify the existing RNAs and Guam, Apra Harbor, Guam, and (5 U.S.C. 601–612), we considered zones found in 33 CFR 165.1401, 33 Tanapag Harbor, Saipan, whether this rule would have a CFR 165.1402, and 33 CFR 165.1404. Commonwealth of the Northern Mariana significant economic impact on a DATES: This rule is effective January 29, Islands (CNMI). These rules are substantial number of small entities. 2003. intended to enable the COTP Guam to The term ‘‘small entities’’ comprises ADDRESSES: Commanding Officer, Coast provide effective port security, while small businesses, not-for-profit Guard Marine Safety Office Guam, PSC minimizing the publics’ confusion and organizations that are independently 455 Box 176, FPO AP 96540–1057. ease the administrative burden of owned and operated and are not Marine Safety Office Guam maintains implementing separate temporary dominant in their fields, and the public docket for this rulemaking. security zones for each escorted vessel. governmental jurisdictions with Comments and material received from Discussion of Comments and Changes populations of less than 50,000. The the public, as well as documents Coast Guard certifies under 5 U.S.C. indicated in this preamble as being The Coast Guard received two letters 605(b) that this rule will not have a available in the docket, are part of this following the publication of the notice significant economic impact on a docket and are available for inspection of proposed rulemaking (67 FR 60630). substantial number of small entities. No or copying at this location between 7 Both letters fully supported the small business impacts are anticipated a.m. and 3:30 p.m., Monday through proposed rules. However, one letter due to the small size of the zones and Friday, except Federal holidays. raised two issues concerning the impact the short duration of the security zones of the rules on harbor traffic. in any one area. FOR FURTHER INFORMATION CONTACT: One issue is that shipyards may find Lieutenant Fred Meadows, Coast Guard it difficult for their vessels to transit and Assistance for Small Entities Marine Safety Office Guam at (671) 339– moor near Navy vessels needing repair. Under section 231(a) of the Small 2001. The other issue raised the concern that Business Regulatory Enforcement SUPPLEMENTARY INFORMATION: recreational water activities (banana Fairness Act of 1968 (Pub. L. 104–121),

VerDate Dec<13>2002 14:38 Jan 28, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1 4384 Federal Register / Vol. 68, No. 19 / Wednesday, January 29, 2003 / Rules and Regulations

we want to assist small entities in Indian Tribal Governments § 165.1405 Regulated Navigation Areas understanding this rule so that they can and Security Zones; Designated Escorted better evaluate its effects on them and This rule does not have tribal Vessels-Philippine Sea and Apra Harbor, participate in the rulemaking. If the rule implications under Executive Order Guam (including Cabras Island Channel), 13175, Consultation and Coordination and Tanapag Harbor, Saipan, would affect your small business, Commonwealth of the Northern Mariana organization, or governmental with Indian Tribal Governments, Islands (CNMI). jurisdiction and you have questions because it does not have a substantial concerning its provisions or options for direct effect on one or more Indian (a) Regulated navigation area. The compliance, please contact Lieutenant tribes, on the relationship between the following areas, designated by Fred Meadows, Coast Guard Marine Federal Government and Indian tribes, coordinates referencing World Geodetic Safety Office Guam, at (671) 339–2001. or on the distribution of power and Datum (1984), are regulated navigation areas (RNAs). Collection of Information responsibilities between the Federal Government and Indian tribes. (1) Philippine Sea, Guam—All waters This rule calls for no new collection from the surface to the bottom of the of information under the Paperwork Energy Effects Philippine Sea, Guam, encompassed by lines connecting the following points, Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under ° ′ ″ ° ′ ″ 3520). beginning at 13 27 10 N, 144 35 05 E, Executive Order 13211, Actions thence easterly to 13°27′17″ N, Federalism Concerning Regulations That 144°37′27″ E, thence south westerly to Significantly Affect Energy Supply, ° ′ ″ ° ′ ″ A rule has implications for federalism 13 26 52 N, 144 37 05 E, thence Distribution, or Use. We have ° ′ ″ ° ′ ″ under Executive Order 13132, westerly to 13 26 37 N, 144 35 05 E, determined that it is not a ‘‘significant Federalism, if it has a substantial direct thence due north back to point of origin. effect on State or local government and energy action’’ under that Order because (2) Apra Harbor, Guam—All waters would either preempt State law or it is not a ‘‘significant regulatory action’’ from surface to bottom of Apra Harbor, impose a substantial direct cost of under Executive Order 12866 and is not Guam, shoreward of the COLREGS compliance on them. The Coast Guard likely to have a significant adverse effect Demarcation as described in 33 CFR has analyzed this rule under that Order on the supply, distribution, or use of part 80. and has determined that it does not energy. The Administrator of the Office (3) Tanapag Harbor, Saipan—The have implications for federalism. of Information and Regulatory Affairs waters from surface to bottom of has not designated it as a significant Tanapag Harbor, Saipan (CNMI), Unfunded Mandates Reform Act energy action. Therefore, it does not encompassed by lines connecting the The Unfunded Mandates Reform Act require a Statement of Energy Effects following points, beginning at 15°12′10″ of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. N, 145°40′28″ E, thence north easterly to Federal agencies to assess the effects of 15°14′08″ N, 145°42′00″ E, thence due Environment their discretionary regulatory actions. In east to 15°14′08″ N, 145°44′02″ E, thence south easterly to 15°13′54″ N, particular, the Act addresses actions We have considered the 144°44′20″ E, thence south westerly that may result in the expenditure by a environmental impact of this rule and along the shoreline to 15°13′11″ N, State, local, or tribal government, in the concluded that, under figure 2–1, aggregate, or by the private sector of $ 145°43′01″ E, thence south westerly to paragraph (34)(g) of Commandant 15°12′10″ N, 145°40′28″ E. 100,000,000 or more in any one year. Instruction M16475.1D, this rule is Though this rule will not result in such (4) Cabras Island Channel, Guam— categorically excluded from further expenditure, we do discuss the effects of All waters from surface to bottom of environmental documentation. A this rule elsewhere in this preamble. Cabras Island Channel, Guam, beginning ‘‘Categorical Exclusion Determination’’ at point 13°27′34″ N, 144°39′39″ E and Taking of Private Property is available in the docket where extending south easterly to position This rule will not affect a taking of indicated under ADDRESSES. 13°27′24″ N, 144°39′59″ E then heading private property or otherwise have List of Subjects in 33 CFR Part 165 easterly along the shoreline to position taking implications under Executive 13°27′31″ N, 144°40′22″ E then heading Order 12630, Governmental Actions and Harbors, Marine safety, Navigation north to position 13°27′37″ N, Interference with Constitutionally (water), Reporting and recordkeeping 144°40′22″ E following the shoreline in Protected Property Rights. requirements, Security measures, a westerly direction back to point of Waterways. origin. Civil Justice Reform (b) Security zones. A 100-yard radius For the reasons set out in the This rule meets applicable standards security zone is established around, and preamble, the Coast Guard amends 33 in sections 3(a) and 3(b)(2) of Executive is centered on, each escorted vessel Order 12988, Civil Justice Reform, to CFR part 165 as follows: within the regulated navigation areas in paragraph (a) of this section. A security minimize litigation, eliminate PART 165—REGULATED NAVIGATION ambiguity, and reduce burden. zone is activated when an escorted AREAS AND LIMITED ACCESS AREAS vessel enters an RNA and remains active Protection of Children until the escorted vessel leaves the 1. The authority citation for part 165 RNA. This is a moving security zone We have analyzed this rule under continues to read as follows: Executive Order 13045, Protection of when the escorted vessel is in transit Children from Environmental Health Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and becomes a fixed zone when the Risks and Safety Risks. This rule is not 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; escorted vessel is anchored or moored. an economically significant rule and 49 CFR 1.46. A security zone will not extend beyond does not create an environmental risk to the boundary of the RNA in this section. health or risk to safety that may 2. Add § 165.1405 to read as follows: (c) Definitions. As used in this disproportionately affect children. section:

VerDate Dec<13>2002 14:38 Jan 28, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 68, No. 19 / Wednesday, January 29, 2003 / Rules and Regulations 4385

(1) Designated representative means Dated: January 17, 2003. SUMMARY: This regulation establishes any Coast Guard commissioned, G.A. Wiltshire, import tolerances for residues of 4- warrant, or petty officer that has been Captain, Coast Guard, Commander, (dichloroacetyl)-1-oxa-4- authorized to act on behalf of the COTP. Fourteenth Coast Guard District (Acting). azaspiro[4.5]decane (CAS No. 71526– (2) Escorted Vessel means any vessel [FR Doc. 03–2061 Filed 1–28–03; 8:45 am] 07–3) in or on corn commodities. operating in the RNA deemed by the BILLING CODE 4910–15–P Monsanto Company requested this COTP to be in need of escort protection tolerance under the Federal Food, Drug, for security reasons or under other and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act circumstances. A designated ENVIRONMENTAL PROTECTION (FQPA) of 1996. representative aboard a Coast Guard AGENCY DATES: This regulation is effective cutter or patrol boat will accompany 40 CFR Part 82 vessels deemed in need of escort January 29, 2003. Objections and requests for hearings, identified by protection into the RNA. Protection of Stratospheric Ozone docket ID number OPP–2002–0245, (3) Navigation rules mean CFR Correction must be received on or before March 31, international and inland navigation 2003. rules in 33 CFR chapter I, subchapters In Title 40 of the Code of Federal ADDRESSES: Written objections and D and E. Regulations, Parts 81 to 85, revised as of July 1, 2002, on page 346, part 82 is hearing requests may be submitted (4) Vessel means every description of corrected by removing the second electronically by mail, or through hand watercraft or other artificial contrivance § 82.7. delivery/courier. Follow the detailed used, or capable of being used, as a instructions as provided in Unit VI. of means of transportation on water, [FR Doc. 03–55502 Filed 1–28–03; 8:45 am] the SUPPLEMENTARY INFORMATION. BILLING CODE 1505–01–D except U.S. Coast Guard or U.S. naval FOR FURTHER INFORMATION CONTACT: By vessels. mail: Bipin Gandhi, Registration (d) Regulations. (1) No person or ENVIRONMENTAL PROTECTION Division (7505C), Office of Pesticide vessel may enter into the security zones AGENCY Programs, Environmental Protection under this section unless authorized by Agency, 1200 Pennsylvania Ave., the COTP Guam or a designated 40 CFR Part 112 NW.,Washington, DC 20460–0001; representative. telephone number: (703) 308–8380; e- (2) A vessel in the RNA established Oil Pollution Prevention mail address: [email protected]. SUPPLEMENTARY INFORMATION: under paragraph (a) of this section CFR Correction operating within 500 yards of an In Title 40 of the Code of Federal I. General Information escorted vessel must proceed at a Regulations, Parts 100 to 135, revised as A. Does this Action Apply to Me? minimum speed necessary to maintain a of July 1, 2002, Appendix F to part 112 safe course, unless required to maintain is corrected as follows: You may be affected by this action if speed by the navigation rules. 1. In section 1.0 paragraph B, by you are an agricultural producer, food (3) When an escorted vessel in the adding the words ‘‘required by’’ before manufacturer, or pesticide RNA approaches within 100 yards of a 40 CFR 112.3; manufacturer. Potentially affected vessel that is moored, or anchored in a 2. In section 1.8.3 by revising ‘‘ 267– categories and entities may include, but 4085–4065’’ to read ‘‘(202) 267–4085’’; are not limited to: designated anchorage area, the • stationary vessel must stay moored or and Industry, (NAICS 111, 112, 311, 3. In Attachment F–1, add footnote 1 anchored while it remains within the 32532), Crop production, Animal to read: escorted vessel’s security zone unless it production, Food manufacturing, Pesticide manufacturing is either ordered by, or given permission Attachment F–1–Response Plan Cover This listing is not intended to be from the COTP Guam or a designated Sheet exhaustive, but rather provides a guide representative to do otherwise. ***** for readers regarding entities likely to be 1 (4) The COTP will inform the public Dun & Bradstreet number: affected by this action. Other types of of the existence or status of the security ***** 1 entities not listed in this unit could also zones around escorted vessels in the These numbers may be obtained be affected. The North American RNA periodically by Broadcast Notice to from public library resources. Industrial Classification System Mariners. [FR Doc. 03–55500 Filed 1–28–03; 8:45 am] (NAICS) codes have been provided to (5) Persons or vessels that must enter BILLING CODE 1505–01–D assist you and others in determining a security zone or exceed speed limits whether this action might apply to established in this section may contact certain entities. If you have any the COTP at command center telephone ENVIRONMENTAL PROTECTION questions regarding the applicability of number (671) 339–6100 or on VHF AGENCY this action to a particular entity, consult channel 16 (156.8 Mhz) to request the technical person listed under FOR 40 CFR Part 180 permission. FURTHER INFORMATION CONTACT. [OPP–2002–0245; FRL–7199–4] (6) All persons and vessels within 500 B. How Can I Get Copies of this yards of an escorted vessel in the RNA 4-(Dichloroacetyl)-1-Oxa-4- Document and Other Related must comply with the orders of the Azaspiro[4.5]Decane; Pesticide Import Information? COTP Guam or his designated Tolerance 1. Docket. EPA has established an representatives. official public docket for this action AGENCY: Environmental Protection (e) Authority. In addition to 33 U.S.C. Agency (EPA). under docket identification (ID) number 1231 and 50 U.S.C. 191, the authority OPPT–2002–0245. The official public ACTION: Final rule. for this section includes 33 U.S.C. 1226. docket consists of the documents

VerDate Dec<13>2002 19:41 Jan 28, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1