Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Proposed Rules 31785

Commander, Coast Guard Sector DEPARTMENT OF HOMELAND comments and related materials. All Baltimore or any Coast Guard SECURITY comments received will be posted, commissioned, warrant, or petty officer without change, to http:// who has been authorized by the Captain Coast Guard www.regulations.gov and will include of the Port, Baltimore, Maryland to act any personal information you have on his or her behalf. 33 CFR Part 165 provided. We have an agreement with [Docket No. USCG–2008–0349] the Department of Transportation (DOT) (b) Location. The following area is a to use the Docket Management Facility. safety zone: All waters of the Upper RIN 1625–AA00 Please see DOT’s ‘‘Privacy Act’’ Potomac River, surface to bottom, paragraph below. within a 150-yard radius of the Safety Zones; Fireworks, Central and fireworks barge in approximate position Northern Massachusetts Submitting Comments ° ′ ″ If you submit a comment, please latitude 38 52 09 N, longitude AGENCY: Coast Guard, DHS. 077°01′13″ W, located within the include the docket number for this ACTION: Notice of proposed rulemaking. Washington Channel in Washington rulemaking (USCG–2008–0349), Harbor, DC. All coordinates reference SUMMARY: The Coast Guard proposes the indicate the specific section of this North American Datum 1983. temporary creation of safety zones for document to which each comment applies, and give the reason for each (c) Regulations: fireworks events being held on several waterways of Massachusetts this comment. We recommend that you (1) The general regulations governing summer. These safety zones will last for include your name and a mailing safety zones, found in Sec. 165.23, the limited duration of the six fireworks address, an e-mail address, or a phone apply to the safety zone described in events occurring near the water along number in the body of your document paragraph (b) of this section. the central and northern portions of so that we can contact you if we have (2) Entry into or remaining in this Massachusetts’ Atlantic Coast. The questions regarding your submission. zone is prohibited, unless authorized by zones are necessary to protect You may submit your comments and the Captain of the Port, Baltimore, spectators, participants, and vessels material by electronic means, mail, fax, or delivery to the Docket Management Maryland. from the hazards associated with fireworks displays. Facility at the address under ADDRESSES; (3) Persons or vessels requiring entry but please submit your comments and DATES: Comments and related material into or passage through the moving material by only one means. If you must reach the Coast Guard on or before safety zone must first request submit them by mail or delivery, submit July 7, 2008. authorization from the Captain of the them in an unbound format, no larger ADDRESSES: You may submit comments Port, Baltimore, Maryland to seek than 81⁄2 by 11 inches, suitable for permission to transit the area. The identified by Coast Guard docket copying and electronic filing. If you Captain of the Port, Baltimore, Maryland number USCG–2008–0349 to the Docket submit them by mail and would like to can be contacted at telephone number Management Facility at the U.S. know that they reached the Facility, Department of Transportation. To avoid (410) 576–2693. The Coast Guard please enclose a stamped, self-addressed duplication, please use only one of the vessels enforcing this section can be postcard or envelope. We will consider following methods: contacted on Marine Band Radio VHF all comments and material received (1) Online: http:// during the comment period. We may Channel 16 (156.8 MHz). Upon being www.regulations.gov. hailed by a U.S. Coast Guard vessel by change this proposed rule in view of (2) Mail: Docket Management Facility them. siren, radio, flashing light, or other (M–30), U.S. Department of means, the person or vessel shall Transportation, West Building Ground Viewing Comments and Documents proceed as directed. If permission is Floor, Room W12–140, 1200 New Jersey To view comments, as well as granted, all persons or vessels must Avenue, SE., Washington, DC 20590– documents mentioned in this preamble comply with the instructions of the 0001. as being available in the docket, go to Captain of the Port, Baltimore, (3) Hand delivery: Room W12–140 on http://www.regulations.gov at any time. Maryland, and proceed at the minimum the Ground Floor of the West Building, Enter the docket number for this speed necessary to maintain a safe 1200 New Jersey Avenue, SE., rulemaking (USCG–2008–0349) in the course while within the zone. Washington, DC 20590, between 9 a.m. Search box, and click ‘‘Go >>.’’ You may and 5 p.m., Monday through Friday, (d) Enforcement. The U.S. Coast also visit either the Docket Management except Federal holidays. The telephone Guard may be assisted in the patrol and Facility in Room W12–140 on the number is 202–366–9329. ground floor of the DOT West Building, enforcement of the zone by Federal, (4) Fax: 202–493–2251. State and local agencies. 1200 New Jersey Avenue SE., FOR FURTHER INFORMATION CONTACT: If Washington, DC 20590, between 9 a.m. (e) Enforcement periods. This section you have questions on this proposed and 5 p.m., Monday through Friday, will be enforced from 8 p.m. through rule, call Chief Eldridge McFadden at except Federal holidays; or the U.S. 10:30 p.m. on July 16, 2008, and if 617–223–5160. If you have questions on Coast Guard Sector Boston, 427 necessary due to inclement weather, viewing or submitting material to the Commercial Street, Boston, MA 02109 from 8 p.m. through 10:30 p.m. on July docket, call Renee V. Wright, Program between 7 a.m. and 3 p.m., Monday 17, 2008. Manager, Docket Operations, telephone through Friday, except Federal holidays. 202–366–9826. Dated: May 20, 2008. Privacy Act SUPPLEMENTARY INFORMATION: Brian D. Kelley, Anyone can search the electronic Captain, U.S. Coast Guard, Captain of the Public Participation and Request for form of all comments received into any Port, Baltimore, Maryland. Comments of our dockets by the name of the [FR Doc. E8–12475 Filed 6–3–08; 8:45 am] We encourage you to participate in individual submitting the comment (or BILLING CODE 4910–15–P this rulemaking by submitting signing the comment, if submitted on

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behalf of an association, business, labor Port anticipates minimal negative Ipswich Bay, and Hingham Harbor at union, etc.). You may review the impact on vessel traffic due to this the times listed in the proposed rule. Department of Transportation’s Privacy event. Public notifications will be made These safety zones would not have a Act Statement in the Federal Register prior to the effective period via local significant economic impact on a published on April 11, 2000 (65 FR media, local notice to mariners and substantial number of small entities for 19477), or you may visit http:// marine information broadcasts. the following reasons: This proposed DocketsInfo.dot.gov. rule would be in effect for only two and Regulatory Evaluation one half hours, vessel traffic can safely Public Meeting We developed this proposed rule after pass around the safety zone during the We do not now plan to hold a public considering numerous statutes and effected period, and advance meeting, but you may submit a request executive orders related to rulemaking. notification via safety marine for one to the Docket Management Below we summarize our analysis based informational broadcast and Local Facility at the address under ADDRESSES on 13 of these statutes or executive Notice to Mariners will be made before explaining why one would be orders. and during the effective period. beneficial. If we determine that one If you think that your business, would aid this rulemaking, we will hold Executive Order 12866 organization, or governmental one at a time and place announced by This proposed rule is not a jurisdiction qualifies as a small entity a later notice in the Federal Register. ‘‘significant regulatory action’’ under and that this rule would have a Background and Purpose section 3(f) of Executive Order 12866, significant economic impact on it, Regulatory Planning and Review, and please submit a comment (see This rule proposes to establish six does not require an assessment of ADDRESSES) explaining why you think it individual safety zones on the waters of potential costs and benefits under qualifies and how and to what degree Nahant Bay, Manchester Bay, section 6(a)(3) of that Order. The Office this rule would economically affect it. Marblehead Harbor, Beverly Harbor, of Management and Budget has not Assistance for Small Entities Ipswich Bay, and Hingham Harbors reviewed it under that Order. during fireworks events on the nights We expect the economic impact of Under section 213(a) of the Small and times listed herein. this proposed rule to be so minimal that Business Regulatory Enforcement The safety zones proposed by this rule Fairness Act of 1996 (Pub. L. 104–121), would temporarily restrict movement a full Regulatory Evaluation is unnecessary. Although this proposed we want to assist small entities in near fireworks displays being held in understanding this proposed rule so that Nahant Bay, Manchester Bay, rule would prevent traffic from transiting a portion of Nahant Bay, they can better evaluate its effects on Marblehead Harbor, Beverly Harbor, them and participate in the rulemaking. Ipswich Bay, and Hingham Harbor. The Manchester Bay, Marblehead Harbor, Beverly Harbor, Ipswich Bay, and If the proposed rule would affect your proposed zones will protect the small business, organization, or maritime public from the dangers Hingham Harbors during the effective period, the effects of this rule will not governmental jurisdiction and you have inherent in waterborne fireworks questions concerning its provisions or displays. Marine traffic may transit be significant for several reasons: vessels will be excluded from the options for compliance, please contact safely outside the safety zone during the Chief Eldridge McFadden at 617–223– effective period. The Captain of the Port proscribed areas for only two and one half hours, and advance notifications 5160. The Coast Guard will not retaliate does not anticipate any negative impact against small entities that question or on vessel traffic due to implementation will be made to the local maritime community by marine information complain about this rule or any policy of these temporary safety zones. Public or action of the Coast Guard. notifications will be made prior to the broadcasts and Local Notice to effective period of each proposed zone Mariners. Collection of Information via safety marine information broadcasts Small Entities This proposed rule would call for no and Local Notice to Mariners. new collection of information under the Under the Regulatory Flexibility Act Discussion of Proposed Rule Paperwork Reduction Act of 1995 (44 (5 U.S.C. 601–612), we have considered U.S.C. 3501–3520). The Coast Guard proposes to establish whether this proposed rule would have temporary safety zones on the waters of a significant economic impact on a Federalism Nahant Bay, Manchester Bay, substantial number of small entities. A rule has implications for federalism Marblehead Harbor, Beverly Harbor, The term ‘‘small entities’’ comprises under Executive Order 13132, Ipswich Bay, and Hingham Harbors in small businesses, not-for-profit Federalism, if it has a substantial direct Massachusetts within a 200-yard radius organizations that are independently effect on State or local governments and of the barges from which fireworks will owned and operated and are not would either preempt State law or be shot during events in each of these dominant in their fields, and impose a substantial direct cost of waterways at the times listed in the governmental jurisdictions with compliance on them. We have analyzed proposed rule. Marine traffic would be populations of less than 50,000. this proposed rule under that Order and able to transit safely outside of each The Coast Guard certifies under 5 have determined that it does not have safety zone in the majority of Nahant U.S.C. 605(b) that this proposed rule implications for federalism. Bay, Manchester Bay, Marblehead would not have a significant economic Harbor, Beverly Harbor, Ipswich Bay, impact on a substantial number of small Unfunded Mandates Reform Act and Hingham Harbors not affected by entities. This proposed rule would affect The Unfunded Mandates Reform Act the proposed rule during the event. This the following entities, some of which of 1995 (2 U.S.C. 1531–1538) requires safety zone will control vessel traffic may be small entities: The owners or Federal agencies to assess the effects of during the fireworks display to protect operators of vessels intending to transit their discretionary regulatory actions. In the safety of the maritime public. or anchor in the effected portion of particular, the Act addresses actions Due to the limited time frame of the Nahant Bay, Manchester Bay, that may result in the expenditure by a fireworks display, the Captain of the Marblehead Harbor, Beverly Harbor, State, local, or tribal government, in the

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aggregate, or by the private sector of require a Statement of Energy Effects § 165.T01–0349 Safety Zones; Northern $100,000,000 or more in any one year. under Executive Order 13211. and Central Massachusetts, Coastal Though this proposed rule would not fireworks displays. Technical Standards result in such an expenditure, we do (a) Location. The following discuss the effects of this rule elsewhere The National Technology Transfer waterborne fireworks events include in this preamble. and Advancement Act (NTTAA) (15 safety zones as described herein: U.S.C. 272 note) directs agencies to use (1) Beverly Homecoming Fireworks Taking of Private Property voluntary consensus standards in their Event, Beverly, MA. (i) All waters of This proposed rule would not effect a regulatory activities unless the agency Beverly Harbor, from surface to bottom, taking of private property or otherwise provides Congress, through the Office of within a 200 yard radius of the have taking implications under Management and Budget, with an fireworks barge located at approximate ° ′ ″ ° ′ ″ Executive Order 12630, Governmental explanation of why using these position 42 32 37 N, 070 52 09 W. Actions and Interference with standards would be inconsistent with These coordinates are based upon Constitutionally Protected Property applicable law or otherwise impractical. NAD83 datum. Rights. Voluntary consensus standards are (ii) Effective Date. This rule will be effective from 9 p.m. through 11 p.m. on Civil Justice Reform technical standards (e.g., specifications of materials, performance, design, or August 10, 2008. This proposed rule meets applicable operation; test methods; sampling (2) Independence Day Celebration standards in sections 3(a) and 3(b)(2) of procedures; and related management Fireworks, Ipswich, MA. (i) All waters of Executive Order 12988, Civil Justice systems practices) that are developed or Ipswich Bay, from surface to bottom, Reform, to minimize litigation, within a 200 yard radius of the beach at adopted by voluntary consensus ° ′ ″ eliminate ambiguity, and reduce standards bodies. the approximate position 42 41 26 N, burden. 070°46′28″ W. These coordinates are This proposed rule does not use based upon NAD83 datum. technical standards. Therefore, we did Protection of Children (ii) Effective Date. This rule will be not consider the use of voluntary We have analyzed this proposed rule effective from 9 p.m. through 10 p.m. on consensus standards. under Executive Order 13045, July 4, 2008. Protection of Children from Environment (3) City of Lynn 4th of July Environmental Health Risks and Safety Celebration, Lynn, MA. (i) All waters of Risks. This rule is not an economically We have analyzed this proposed rule Nahant Bay, from surface to bottom, significant rule and would not create an under Commandant Instruction within a 200 yard radius of the environmental risk to health or risk to M16475.lD which guides the Coast fireworks barge located at 42°27′37″ N, safety that might disproportionately Guard in complying with the National 70°55′35″ W. These coordinates are affect children. Environmental Policy Act of 1969 based upon NAD83 datum. (NEPA) (42 U.S.C. 4321–4370f), and (ii) Effective Date. This rule will be Indian Tribal Governments have made a preliminary determination effective from 8:15 p.m. through 10 p.m. This proposed rule does not have that this action is not likely to have a on July 3, 2008 with a rain date of July tribal implications under Executive significant effect on the human 5, 2008. Order 13175, Consultation and environment. A preliminary (4) Manchester Parks and Recreation Coordination with Indian Tribal ‘‘Environmental Analysis Check List’’ 4th of July Fireworks, Manchester, MA. Governments, because it would not have supporting this preliminary (i) All waters of Manchester Bay, from a substantial direct effect on one or determination is available in the docket surface to bottom, within a 200 yard more Indian tribes, on the relationship where indicated under ADDRESSES. We radius of the fireworks barge located at between the Federal Government and seek any comments or information that 427°35′2″ N, 70°45′31″ W. These Indian tribes, or on the distribution of may lead to the discovery of a coordinates are based upon NAD83 power and responsibilities between the significant environmental impact from datum. Federal Government and Indian tribes. this proposed rule. (ii) Effective Date. This rule will be We invite your comments on how this List of Subjects in 33 CFR Part 165 effective from 8:30 p.m. through 10 p.m. proposed rule might impact tribal on July 3, 2008 with a rain date of July governments, even if that impact may Harbors, Marine safety, Navigation 5, 2008. not constitute a ‘‘tribal implication’’ (water), Reporting and recordkeeping (5) Marblehead 4th of July under the Order. requirements, Security measures, and Celebration, Marblehead, MA. (i) All Waterways. waters of Marblehead Harbor, from Energy Effects For the reasons discussed in the surface to bottom, within a 200 yard We have analyzed this proposed rule preamble, the Coast Guard proposes to radius of the fireworks launch site under Executive Order 13211, Actions amend 33 CFR part 165 as follows: located in Marblehead Harbor at Concerning Regulations That approximate position 42°30′34″ N, Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION 070°50′9″ W. These coordinates are Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS based upon NAD83 datum. determined that it is not a ‘‘significant (ii) Effective Date. This rule will be 1. The authority citation for part 165 energy action’’ under that order because effective from 8:30 p.m. until 10 p.m. on continues to read as follows: it is not a ‘‘significant regulatory action’’ July 4, 2008 with a rain date of July 5, under Executive Order 12866 and is not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 2008. likely to have a significant adverse effect Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; (6) Hingham 4th of July Fireworks, on the supply, distribution, or use of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Hingham, MA. (i) All waters of Hingham energy. The Administrator of the Office Pub. L. 107–295, 116 Stat. 2064; Department Bay, from surface to bottom, within a of Homeland Security Delegation No. 0170.1. of Information and Regulatory Affairs 200 yard radius of the beach of Button has not designated it as a significant 2. Add § 165.T01–0349 to read as Island at the approximate position energy action. Therefore, it does not follows: 42°15′04″ N, 070°53′02″ W. These

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coordinates are based upon NAD83 certain tolerances for the insecticide/ whose disclosure is restricted by statute. datum. nematicide oxamyl; the insecticide Do not submit information that you (ii) Effective Date. This rule will be fenitrothion; the miticide/acaricide consider to be CBI or otherwise effective from 8:30 p.m. until 10 p.m. on propargite; the molluscicide protected through regulations.gov or e- July 5, 2008 with a rain date of July 6, metaldehyde; the fungicides triadimefon mail. The regulations.gov website is an 2008. and tridemorph; the herbicides ametryn, ‘‘anonymous access’’ system, which (b) Definition: As used in this section, 2,4-DB, dicamba, and diuron; and the means EPA will not know your identity designated representative means any antimicrobial/insecticidal fumigant or contact information unless you Coast Guard commissioned, warrant, or propylene oxide. In addition, EPA is provide it in the body of your comment. petty officer, or any federal, state, or proposing to establish tolerances for the If you send an e-mail comment directly local law enforcement officer authorized insecticide/nematicide oxamyl; the to EPA without going through to enforce this regulation on behalf of molluscicide metaldehyde; the regulations.gov, your e-mail address the Coast Guard Captain of the Port fungicides etridiazole and streptomycin; will be automatically captured and (COTP). the herbicides 2,4-DB, dicamba, and included as part of the comment that is (c) Regulations. (1) In accordance with diuron; and the antimicrobial/ placed in the docket and made available the general regulations in section 165.23 insecticidal fumigant propylene oxide on the Internet. If you submit an of this part, entry into or remaining in and propylene chlorohydrin (a reaction electronic comment, EPA recommends the safety zones described in paragraph product formed during the propylene that you include your name and other (a) of this section is prohibited unless oxide sterilization process). Finally, contact information in the body of your authorized by the Coast Guard Captain because tolerances expired in 2005, EPA comment and with any disk or CD-ROM of the Port (COTP), Boston, or the is proposing to remove 40 CFR 180.167 you submit. If EPA cannot read your COTP’s designated representative. for nicotine-containing compounds. The comment due to technical difficulties (2) Persons desiring to transit within regulatory actions proposed in this and cannot contact you for clarification, the safety zones established in this document are in follow-up to the EPA may not be able to consider your section may contact the Captain of the Agency’s reregistration program under comment. Electronic files should avoid Port at telephone number 617–223–3008 the Federal Insecticide, Fungicide, and the use of special characters, any form or via on-scene patrol personnel on VHF Rodenticide Act (FIFRA), and tolerance of encryption, and be free of any defects channel 16 to seek permission to do so. reassessment program under the Federal or viruses. If permission is granted, all persons and Food, Drug, and Cosmetic Act (FFDCA) Docket: All documents in the docket vessels must comply with the section 408(q). are listed in the docket index available instructions of the Captain of the Port or DATES: Comments must be received on in regulations.gov. To access the his or her designated representative. or before August 4, 2008. electronic docket, go to http:// Dated: May 21, 2008. ADDRESSES: Submit your comments, www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert Claudia C. Gelzer, identified by docket identification (ID) number EPA–HQ–OPP–2008–0232, by the docket ID number where indicated Commander, U.S. Coast Guard, Acting and select the ‘‘Submit’’ button. Follow Captain of the Port Boston. one of the following methods: • Federal eRulemaking Portal: http:// the instructions on the regulations.gov [FR Doc. E8–12479 Filed 6–3–08; 8:45 am] website to view the docket index or BILLING CODE 4910–15–P www.regulations.gov. Follow the on-line instructions for submitting comments. access available documents. Although • Mail: Office of Pesticide Programs listed in the index, some information is (OPP) Regulatory Public Docket (7502P), not publicly available, e.g., CBI or other ENVIRONMENTAL PROTECTION information whose disclosure is AGENCY Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, restricted by statute. Certain other material, such as copyrighted material, 40 CFR Part 180 DC 20460–0001. • Delivery: OPP Regulatory Public is not placed on the Internet and will be [EPA–HQ–OPP–2008–0232; FRL–8363–9] Docket (7502P), Environmental publicly available only in hard copy form. Publicly available docket Aldicarb, Ametryn, 2,4-DB, Dicamba, Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. materials are available either in the Dimethipin, Disulfoton, Diuron, et al.; electronic docket at http:// Proposed Tolerance Actions Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket’s www.regulations.gov, or, if only AGENCY: Environmental Protection normal hours of operation (8:30 a.m. to available in hard copy, at the OPP Agency (EPA). 4 p.m., Monday through Friday, Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), ACTION: Proposed rule. excluding legal holidays). Special arrangements should be made for 2777 S. Crystal Dr., Arlington, VA. The SUMMARY: EPA is proposing to revoke deliveries of boxed information. The hours of operation of this Docket certain tolerances for the insecticides/ Docket Facility telephone number is Facility are from 8:30 a.m. to 4 p.m., nematicides aldicarb, ethoprop, and (703) 305–5805. Monday through Friday, excluding legal oxamyl; the insecticides disulfoton, Instructions: Direct your comments to holidays. The Docket Facility telephone malathion, and methyl parathion; the docket ID number EPA–HQ–OPP–2008– number is (703) 305–5805. miticide/acaricide propargite; the 0232. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: fungicides o-phenylphenol and its received will be included in the docket Joseph Nevola, Special Review and sodium salt, triadimefon, triadimenol, without change and may be made Reregistration Division (7508P), Office and ziram; the herbicides ametryn, available on-line at http:// of Pesticide Programs, Environmental dicamba, diuron, oxyfluorfen, and www.regulations.gov, including any Protection Agency, 1200 Pennsylvania paraquat; the growth regulator/herbicide personal information provided, unless Ave, NW., Washington, DC 20460–0001; dimethipin; and the antimicrobial/ the comment includes information telephone number: (703) 308-8037; e- insecticidal fumigant propylene oxide. claimed to be Confidential Business mail address: [email protected]. Also, EPA is proposing to modify Information (CBI) or other information SUPPLEMENTARY INFORMATION:

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