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21296 Federal Register / Vol. 73, No.

77 / Monday, April 21, 2008 / Proposed Rules

adopted by voluntary consensus (1) In accordance with the general DATES: Written comments must be
standards bodies. regulations in 165.23 of this part, entry submitted on or before May 21, 2008.
This proposed rule does not use into this zone is prohibited unless ADDRESSES: You may submit comments,
technical standards. Therefore, we did authorized by the Captain of the Port, identified by docket number COE–
not consider the use of voluntary Hampton Roads or his designated 2007–0033, by any of the following
consensus standards. representatives. methods:
Environment (2) The operator of any vessel in the Federal eRulemaking Portal: http://
immediate vicinity of this safety zone www.regulations.gov. Follow the
We have analyzed this proposed rule shall: instructions for submitting comments.
under Commandant Instruction (i) Stop the vessel immediately upon E-mail:
M16475.lD which guides the Coast being directed to do so by any david.b.olson@usace.army.mil. Include
Guard in complying with the National commissioned, warrant or petty officer the docket number, COE–2007–0033, in
Environmental Policy Act of 1969 on shore or on board a vessel that is the subject line of the message.
(NEPA) (42 U.S.C. 4321–4370f), and displaying a U.S. Coast Guard Ensign. Mail: U.S. Army Corps of Engineers,
have made a preliminary determination (ii) Proceed as directed by any ATTN: CECW–CO (David B. Olson), 441
that this action is not likely to have a commissioned, warrant or petty officer G Street, NW., Washington, DC 20314–
significant effect on the human on shore or on board a vessel that is 1000.
environment. A preliminary displaying a U.S. Coast Guard Ensign. Hand Delivery/Courier: Due to
‘‘Environmental Analysis Check List’’ (d) Contact Information. (1) The security requirements, we cannot
supporting this preliminary Captain of the Port, Hampton Roads receive comments by hand delivery or
determination is available in the docket may be contacted through the Sector courier.
where indicated under ADDRESSES. We Duty Officer at Sector Field Office Instructions: Direct your comments to
seek any comments or information that Eastern Shore in Chincoteague, Virginia docket number COE–2007–0033. All
may lead to the discovery of a at telephone number (757) 336–2889. comments received will be included in
significant environmental impact from (2) The Coast Guard Representatives the public docket without change and
this proposed rule. enforcing the safety zone can be may be made available on-line at
List of Subjects in 33 CFR Part 165 contacted on VHF–FM 13 and 16. http://www.regulations.gov, including
(e) Effective Period: This regulation any personal information provided,
Harbors, Marine safety, Navigation will be in effect from 10 a.m. on June
(water), Reporting and recordkeeping unless the commenter indicates that the
9, 2008 until 4 p.m. on June 11, 2008. comment includes information claimed
requirements, Security measures,
Dated: March 26, 2008. to be Confidential Business Information
Patrick B. Trapp, (CBI) or other information whose
Words of Issuance and Proposed Captain, U.S. Coast Guard, Captain of the disclosure is restricted by statute. Do
Regulatory Text Port, Hampton Roads. not submit information that you
For the reasons discussed in the [FR Doc. E8–8469 Filed 4–18–08; 8:45 am] consider to be CBI, or otherwise
preamble, the Coast Guard proposes to BILLING CODE 4910–15–P protected, through regulations.gov or e-
amend 33 CFR part 165 as follows: mail. The regulations.gov Web site is an
anonymous access system, which means
PART 165—REGULATED NAVIGATION DEPARTMENT OF DEFENSE we will not know your identity or
AREAS AND LIMITED ACCESS AREAS contact information unless you provide
Department of the Army, Corps of it in the body of your comment. If you
1. The authority citation for part 165 Engineers
continues to read as follows: send an e-mail directly to the Corps
without going through regulations.gov,
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 33 CFR Part 334 your e-mail address will be
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
automatically captured and included as
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. United States Navy Restricted Area,
107–295, 116 Stat. 2064; Department of part of the comment that is placed in the
Menominee River, Marinette Marine public docket and made available on the
Homeland Security Delegation No. 0170.1. Corporation Shipyard, Marinette, WI Internet. If you submit an electronic
2. Add § 165.T05–015 to read as comment, we recommend that you
follows: AGENCY: United States Army Corps of
Engineers, DoD. include your name and other contact
§ 165.T05–016 Safety Zone: Ocean City Air ACTION: Notice of proposed rulemaking information in the body of your
Show, Atlantic Ocean, Ocean City, MD. and request for comments. comment and with any disk or CD–ROM
(a) Location. The following area is a you submit. If we cannot read your
safety zone: All waters of the Atlantic SUMMARY: The Corps of Engineers is comment because of technical
Ocean between 7th Street and 25th proposing to amend its regulations to difficulties and cannot contact you for
Street in Ocean City, MD bounded by establish a restricted area in the clarification, we may not be able to
coordinates 38°¥20′¥59.6″ N/ Menominee River, at the Marinette consider your comment. Electronic
075°¥03′¥44.4″ W, 38°¥21′¥10″ N/ Marine Corporation Shipyard, comments should avoid the use of any
075°¥04′¥19.9″ W, 38°¥20′¥03.8″ N/ Marinette, Wisconsin, to provide special characters, any form of
075°¥04′¥10.6″ W, 38°¥20′¥14.1″ N/ adequate protection for the Littoral encryption, and be free of any defects or
075°¥04′¥45.6″ W (NAD 1983). Combat Ship (LCS Freedom 1) during its viruses.
construction. The regulations are Docket: For access to the docket to
rfrederick on PROD1PC67 with PROPOSALS

(b) Definition: Captain of the Port

Representative: means any U.S. Coast necessary to provide adequate read background documents or
Guard commissioned, warrant or petty protection of the ship, its materials, comments received, go to http://
officer who has been authorized by the equipment to be installed therein, and www.regulations.gov. All documents in
Captain of the Port, Hampton Roads, its crew, while it is located at the the docket are listed. Although listed in
Virginia to act on his behalf. property of Marinette Marine the index, some information is not
(c) Regulation: Corporation. publicly available, such as CBI or other

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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules 21297

information whose disclosure is c. Review Under the National the Marinette Marine Corporation pier
restricted by statute. Certain other Environmental Policy Act to the point of origin. The restricted area
material, such as copyrighted material, Due to the administrative nature of will be marked by a lighted and signed
is not placed on the Internet and will be this action and because the intended floating boat barrier.
publicly available only in hard copy change will only impact waters a (b) The regulation. All persons,
form. distance of 100 feet from Marinette swimmers, vessels and other craft,
Consideration will be given to all Marine Corporation’s pier (an area of except those vessels under the
comments received within 30 days of approximately 2.81 acres), the Corps supervision or contract to local military
the date of publication of this notice. expects that this regulation, if adopted, or Naval authority, vessels of the United
will not have a significant impact to the States Coast Guard, and local or state
FOR FURTHER INFORMATION CONTACT: Mr. quality of the human environment and, law enforcement vessels, are prohibited
David Olson, Headquarters, Operations therefore, preparation of an from entering the restricted area without
and Regulatory Community of Practice, environmental impact statement will permission from the Supervisor of
Washington, DC at (202) 761–4922, or not be required. An environmental Shipbuilding, USN Marinette or his
Mr. Jon K. Ahlness, Corps of Engineers, assessment will be prepared after the authorized representative.
St. Paul District, Regulatory Branch, at public notice period is closed and all (c) Enforcement. The regulation in
(651) 290–5381. comments have been received and this section, promulgated by the United
SUPPLEMENTARY INFORMATION: Pursuant considered. It may be reviewed at the States Army Corps of Engineers, shall be
to its authorities in Section 7 of the District office listed at the end of the enforced by the Supervisor of
Rivers and Harbors Act of 1917 (40 Stat. FOR FURTHER INFORMATION CONTACT, Shipbuilding, United States Navy and/
266; 33 U.S.C. 1) and Chapter XIX of the above. or such agencies or persons as he/she
Army Appropriations Act of 1919 (40 may designate.
d. Unfunded Mandates Act
Stat. 892; 33 U.S.C. 3), the Corps Dated: April 14, 2008.
proposes to amend the restricted area This proposed rule does not impose Michael G. Ensch,
regulations at 33 CFR part 334 by an enforceable duty among the private
Chief, Operations, Directorate of Civil Works.
adding § 334.815 to establish a restricted sector and, therefore, it is not a Federal
[FR Doc. E8–8525 Filed 4–18–08; 8:45 am]
area in the Menominee River, at the private section mandate and it is not
Marinette Marine Corporation Shipyard, subject to the requirements of either
Marinette, Wisconsin, to provide Section 202 or Section 205 of the
adequate protection for the Littoral Unfunded Mandates Act. We have also
found under Section 203 of the Act, that POSTAL SERVICE
Combat Ship (LCS Freedom 1) during its
construction. By correspondence dated small governments will not be
significantly and uniquely affected by 39 CFR Part 111
July 27, 2006, Marinette Marine
Corporation, on behalf of the this rulemaking. Service Barcode Required for Priority
Department of the Navy, requested that List of Subjects in 33 CFR Part 334 Mail Open and Distribute Container
the Corps of Engineers establish this Address Labels
Danger zones, Marine safety,
restricted area.
Navigation (water), Restricted Areas, AGENCY: Postal ServiceTM.
Procedural Requirements Waterways. ACTION: Proposed rule.
a. Review Under Executive Order 12866 For the reasons stated in the
preamble, the Corps proposes to amend SUMMARY: In this proposed rule the
This proposed rule is issued with 33 CFR part 334, as follows: Postal Service provides new mailing
respect to a military function of the standards to require the use of a
Department of Defense and the PART 334—DANGER ZONE AND concatenated UCC/EAN Code 128
provisions of Executive Order 12866 do RESTRICTED AREA REGULATIONS Service barcode with a unique Service
not apply. 1. The authority citation for 33 CFR Type Code ‘‘55’’ on all Priority Mail
part 334 continues to read as follows: Open and Distribute container address
b. Review Under the Regulatory labels. A proposed rule was published
Flexibility Act Authority: 40 Stat. 266 (33 U.S.C. 1) and in the Federal Register on May 24, 2007
40 Stat. 892 (33 U.S.C. 3).
This proposed rule has been reviewed (Volume 72, Number 100, pages 29100–
2. Add § 334.815 to read as follows: 29101), requiring the use of a
under the Regulatory Flexibility Act
(Pub. L. 96–354) which requires the concatenated UCC/EAN Code 128
§ 334.815 Menominee River, at the
preparation of a regulatory flexibility Marinette Marine Corporation Shipyard, Delivery Confirmation service barcode.
analysis for any regulation that will Marinette, Wisconsin; naval restricted area. Although no comments were received in
have a significant economic impact on (a) The area. The waters 100 feet from response to the proposed rule, because
a substantial number of small entities Marinette Marine Corporation’s pier of the modification we have decided to
(i.e., small businesses and small defined by a rectangular shaped area on publish a second proposed rule to
governments). Unless information is the south side of the river beginning on solicit any new comments.
obtained to the contrary during the shore at the eastern property line of DATES: Submit comments on or May 5,
public notice comment period, the Marinette Marine Corporation at 2008.
Corps expects that this restricted area latitude 45°5′58.8″ N., longitude ADDRESSES: Mail or deliver written
would have practically no economic 087°36′56.0″ W.; thence northerly to comments to the Manager, Mailing
rfrederick on PROD1PC67 with PROPOSALS

impact on the public, and no latitude 45°5′59.7″ N., longitude Standards, Postal Service, 475 L’Enfant
anticipated navigational hazard or 087°36′55.6″ W.; thence westerly to Plaza, SW., Room 3436, Washington, DC
interference with existing waterway latitude 45°6′3.2″ N., longitude 20260–3436. Copies of all written
traffic. This proposed rule, if adopted, 087°37′9.6″ W.; thence southerly to comments will be available for
will have no significant economic latitude 45°6′2.2″ N., longitude inspection and photocopying between
impact on small entities. 087°37′10.0″ W.; thence easterly along 9 a.m. and 4 p.m., Monday through

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