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Federal Register / Vol. 73, No.

31 / Thursday, February 14, 2008 / Proposed Rules 8633

Regulatory Flexibility Act (5 U.S.C. § 702.9037–2 Payments from the Boston, Massachusetts 02110,
chapter 6) does not apply. Pursuant to Presidential Primary Matching Payment Telephone (617) 223–8355 or e-mail at
section 7805(f) of the Code, this Account. John.J.Mauro@uscg.mil.
regulation has been submitted to the [The text of proposed § 702.9037–2 is SUPPLEMENTARY INFORMATION:
Chief Counsel for Advocacy of the Small the same as the text of § 702.9037–2T(a)
Business Administration for comment through (c)(1) published elsewhere in Request for Comments
on its impact on small business. this issue of the Federal Register.] We encourage you to participate in
this rulemaking by submitting
Comments and Requests for a Public Linda E. Stiff,
comments and related material. If you
Hearing Deputy Commissioner for Services and do so, please include your name and
Enforcement.
Before these proposed regulations are address, identify the docket number for
[FR Doc. 08–675 Filed 2–11–08; 12:09 pm] this rulemaking (USCG–2007–0198),
adopted as final regulations, BILLING CODE 4830–01–P
consideration will be given to any indicate the specific section of this
written (a signed original and eight (8) document to which each comment
copies) or electronic comments that are applies, and give the reason for each
DEPARTMENT OF HOMELAND comment. Please submit all comments
submitted timely to the IRS. The IRS
SECURITY and related material in an unbound
and Treasury Department specifically
request comments on the clarity of the format, no larger than 81⁄2 by 11 inches,
Coast Guard suitable for copying. If you would like
proposed rules and how they can be
made easier to understand. All to know they reached us, please enclose
33 CFR Part 110 a stamped, self-addressed postcard or
comments will be available for public
inspection and copying. A public [Docket No. USCG–2007–0198] envelope. We will consider all
hearing will be scheduled if requested comments and material received during
RIN 1625–AA01
in writing by any person that timely the comment period. We may change
submits written comments. If a public Anchorage Regulations; Stonington, this proposed rule in view of them.
hearing is scheduled, notice of the date, ME, Deer Island Thorofare, Penobscot Public Meeting
time, and place for the public hearing Bay, ME
We do not now plan to hold a public
will be published in the Federal
AGENCY: Coast Guard, DHS. meeting. But you may submit a request
Register.
ACTION: Notice of proposed rulemaking. for a meeting by writing to the
Drafting Information Waterways Management Branch at the
SUMMARY: The Coast Guard proposes to address under ADDRESSES explaining
The principal author of these establish Crotch Island Special why one would be beneficial. If we
regulations is Karla M. Meola, Office of Anchorage in Stonington, Maine, on determine that one would aid this
the Associate Chief Counsel (Income Deer Island Thorofare, Penobscot Bay. rulemaking, we will hold one at a time
Tax and Accounting), IRS. However, This action is necessary to facilitate safe and place announced by a later notice
other personnel from the IRS and navigation in that area and to provide in the Federal Register.
Treasury Department participated in safe and secure anchorage for vessels of
their development. Background and Purpose
not more than 65 feet. This proposal is
List of Subjects in 26 CFR Part 702 intended to increase the safety for life The proposed rule is the result of
and property on Deer Island Thorofare, collaboration with the Town of
Campaign Funds. improve the safety of anchored vessels, Stonington’s Harbor Committee and
Proposed Amendments to the create workable boundaries for future Town Council to accommodate vessels
Regulations. mooring expansion, and provide for the mooring in the area. The proposed rule
overall safe and efficient flow of would establish Crotch Island Special
Accordingly, 26 CFR part 702 is recreational vessels and commerce. Anchorage area organized from the
proposed to be amended as follows: DATES: Comments and related material current accommodations of
must reach the Coast Guard on or before approximately 500 moorings. The
PART 702—PRESIDENTIAL PRIMARY proposed rule is designed to aid the
April 14, 2008.
MATCHING PAYMENT ACCOUNT Town of Stonington in enforcing its
ADDRESSES: You may mail comments
mooring and boating regulations by
Paragraph 1. The authority citation and related material to Commander
clearly defining the available mooring
for part 702 continues to read in part as (dpw) (USCG–2007–0198), First Coast
fields. In addition, the proposed rule
follows: Guard District, 408 Atlantic Ave.,
will ensure that there are transient
Boston, Massachusetts 02110, who
Authority: 26 U.S.C. 7805 * * * anchorage areas available, and extend
maintains the public docket for this
the convenience of a special anchorage
Par. 2. Section 702.9037–1 is revised rulemaking. Comments and material
to local vessel owners. The areas under
to read as follows: received from the public, as well as
consideration are currently established
documents indicated in this preamble as
§ 702.9037–1 Transfer of amounts to the mooring areas.
being available in the docket, will In developing this proposed rule, the
Presidential Primary Matching Payment become part of this docket and will be
Account. Coast Guard has consulted with the
available for inspection or copying at Army Corps of Engineers, Northeast,
[The text of the proposed § 702.9037– room 628, First Coast Guard District located at 696 Virginia Road, Concord,
ebenthall on PRODPC61 with PROPOSALS

1 is the same as the text of § 702.9037– Boston, between 8 a.m. and 3 p.m., MA 01742.
1T(a) through (b)(1) published Monday through Friday, except Federal
elsewhere in this issue of the Federal holidays. Discussion of Proposed Rule
Register.] FOR FURTHER INFORMATION CONTACT: Mr. The proposed rule would create
Par. 3. Section 702.9037–2 is revised John J. Mauro, Commander (dpw), First Crotch Island Special Anchorage area
to read as follows: Coast Guard District, 408 Atlantic Ave., located at the town of Stonington,

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8634 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules

Maine, on Deer Island Thorofare, proposed rule is in the interest of safe complain about this rule or any policy
Penobscot Bay. navigation, protection of the vessels or action of the Coast Guard.
All waters enclosed by a line moored at the Town of Stonington, and
beginning at a point on the northeast Collection of Information
protection of the marine environment.
shore of Crotch Island located at latitude This proposed rule would call for no
44°08′51.0″ N, longitude 068°40′06.0″ Small Entities new collection of information under the
W; thence southerly along the shoreline Under the Regulatory Flexibility Act Paperwork Reduction Act of 1995 (44
to latitude 44°08′36.0″ N, longitude (5 U.S.C. 601–612), we have considered U.S.C. 3501–3520).
068°40′07.02″ W; thence to latitude whether this proposed rule would have Federalism
44°08′36.0″ N, longitude 068°40′04.02″ a significant economic impact on a
W; thence to latitude 44°08′46.98″ N, substantial number of small entities. A rule has implications for federalism
longitude 068°40′00.0″ W; thence to The term ‘‘small entities’’ comprises under Executive Order 13132.
latitude 44°08′55.02″ N, longitude small businesses, not-for-profit Federalism, if it has a substantial direct
068°39′49.02″ W; thence to latitude organizations that are independently effect on State or local governments and
44°08′54.0″ N, longitude 068°40′06.0″ W owned and operated and are not would either preempt State law or
thence back to origin. dominant in their fields, and impose a substantial direct cost of
All proposed coordinates are North governmental jurisdictions with compliance on them. We have analyzed
American Datum 1983 (NAD 83). populations of less than 50,000. this proposed rule under that Order and
This special anchorage area would be The Coast Guard certifies under 5 have determined that it does not have
limited to vessels no greater than 65 feet U.S.C. 605(b) that this proposed rule implications for federalism.
in length. Vessels not more than 65 feet would not have a significant economic
in length are not required to sound Unfunded Mandates Reform Act
impact on a substantial number of small
signals as required by rule 35 of the The Unfunded Mandates Reform Act
entities.
Inland Navigation Rules (33 U.S.C. of 1995 (2 U.S.C. 1531–1538) requires
This proposed rule would affect the
2035) nor exhibit anchor lights or Federal agencies to assess the effects of
following entities, some of which might
shapes required by rule 30 of the Inland their discretionary regulatory actions. In
be small entities: The owners or
Navigation Rules (33 U.S.C 2030) when particular, the Act addresses actions
operators of recreational or commercial
at anchor in a special anchorage area. that may result in the expenditure by a
vessels intending to transit in a portion
Mariners utilizing this anchorage area State, local, or tribal government, in the
of the Deer Island Thorofare in and
are encouraged to contact local and state aggregate, or by the private sector of
around this special anchorage area.
authorities, such as the local $100,000,000 or more in any one year.
However, this special anchorage area
harbormaster, to ensure compliance Though this proposed rule would not
would not have a significant economic
with any additional applicable state and result in such an expenditure, we do
impact on these entities for the
local laws. Such laws may involve, for discuss the effects of this rule elsewhere
following reasons: The proposed special
example, compliance with direction in this preamble.
anchorage area is not located near the
from the local harbormaster when
primary entrance into Stonington Taking of Private Property
placing or using moorings within the
Harbor nor will it impede safe and This proposed rule would not affect a
anchorage.
efficient vessel transit in the area. taking of private property or otherwise
Regulatory Evaluation If you think that your business, have taking implications under
This proposed rule is not a organization, or governmental Executive Order 12630, Governmental
‘‘significant regulatory action’’ under jurisdiction qualifies as a small entity Actions and Interference with
section 3(f) of Executive Order 12866, and that this rule would have a Constitutionally Protected Property
Regulatory Planning and Review, and significant economic impact on it, Rights.
does not require an assessment of please submit a comment (see
potential costs and benefits under ADDRESSES) explaining why you think it Civil Justice Reform
section 6(a)(3) of that Order. The Office qualifies and how and to what degree This proposed rule meets applicable
of Management and Budget has not this rule would economically affect it. standards in sections 3(a) and 3(b)(2) of
reviewed it under that Order. Assistance for Small Entities Executive Order 12988, Civil Justice
We expect the economic impact of Reform, to minimize litigation,
this proposed rule to be so minimal that Under section 213(a) of the Small eliminate ambiguity, and reduce
a full Regulatory Evaluation is Business Regulatory Enforcement burden.
unnecessary. Fairness Act of 1996 (Public Law 104–
This finding is based on the fact that 121), we want to assist small entities in Protection of Children
this proposal conforms to the changing understanding this proposed rule so that We have analyzed this proposed rule
needs of the Town of Stonington, the they can better evaluate its effects on under Executive Order 13045,
changing needs of recreational, fishing them and participate in the rulemaking. Protection of Children from
and commercial vessels, and to make If the rule would affect your small Environmental Health Risks and Safety
the best use of the available navigable business, organization, or governmental Risks. This rule is not an economically
water. The proposed special anchorage jurisdiction and you have questions significant rule and would not create an
area does not impede the passage of concerning its provisions or options for environmental risk to health or risk to
recreational or commercial vessels as compliance, please contact Mr. John J. safety that might disproportionately
they are not located in the primary Mauro, Commander (dpw), First Coast affect children.
ebenthall on PRODPC61 with PROPOSALS

entrance channel to Stonington Harbor. Guard District, 408 Atlantic Ave.,


The proposed special anchorage area is Boston, Massachusetts 02110, Indian Tribal Governments
a consolidation and delineation of Telephone (617) 223–8355 or e-mail at This proposed rule does not have
existing mooring fields. Thus, this John.J.Mauro@uscg.mil. tribal implications under Executive
special anchorage area will have a The Coast Guard will not retaliate Order 13175, Consultation and
minimal economic impact. This against small entities that question or Coordination with Indian Tribal

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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 8635

Governments, because it would not have fits the category selected from paragraph DEPARTMENT OF HOMELAND
a substantial direct effect on one or (34)(f) as it would establish a special SECURITY
more Indian tribes, on the relationship anchorage area.
between the Federal Government and A preliminary ‘‘Environmental Coast Guard
Indian tribes, or on the distribution of Analysis Check List’’ is available in the
power and responsibilities between the docket where indicated under 33 CFR Part 110
Federal Government and Indian tribes. ADDRESSES. Comments on this section
[Docket No. USCG–2007–0199]
will be considered before we make the
Energy Effects RIN 1625–AA01
final decision on whether this rule
We have analyzed this proposed rule should be categorically excluded from
under Executive Order 13211, Actions further environmental review and Anchorage Regulations; Boston
Concerning Regulations That documentation. Harbor, MA, Weymouth Fore River
Significantly Affect Energy Supply,
List of Subjects in 33 CFR Part 110 AGENCY: Coast Guard, DHS.
Distribution, or Use. We have
determined that it is not a ‘‘significant Anchorage grounds. ACTION: Notice of proposed rulemaking.
energy action’’ under that order because For the reasons discussed in the SUMMARY: The Coast Guard proposes to
it is not a ‘‘significant regulatory action’’ preamble, the Coast Guard proposes to establish Gull Point(PT) Special
under Executive Order 12866 and is not amend 33 CFR part 110 as follows: Anchorage area in the Weymouth Fore
likely to have a significant adverse effect River, Weymouth, Massachusetts. This
on the supply, distribution, or use of PART 110—ANCHORAGE
proposed action is necessary to facilitate
energy. The Administrator of the Office REGULATIONS
safe navigation and provide a safe and
of Information and Regulatory Affairs secure anchorage for vessels of not more
1. The authority citation for part 110
has not designated it as a significant than 65 feet in length. This action is
continues to read as follows:
energy action. Therefore, it does not intended to increase the safety of life
require a Statement of Energy Effects Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035 and 2071; 33 CFR 1.05–1; and property in the Weymouth Fore
under Executive Order 13211. River, improve the safety of anchored
Department of Homeland Security Delegation
Technical Standards No. 0170.1. vessels, and provide for the overall safe
The National Technology Transfer 2. Amend § 110.4 by adding and efficient flow of vessel traffic and
and Advancement Act (NTTAA) (15 paragraph (e) to read as follows: commerce.
U.S.C. 272 note) directs agencies to use DATES: Comments and related material
§ 110.4 Penobscot Bay, Maine.
voluntary consensus standards in their must reach the Coast Guard on or before
regulatory activities unless the agency * * * * * April 14, 2008.
provides Congress, through the Office of (e) Stonington Harbor, Deer Island
ADDRESSES: You may mail comments
Management and Budget, with an Thorofare—(1) Crotch Island. All of the
and related material to Commander
explanation of why using these waters enclosed by a line beginning at
(dpw) (USCG–2007–0199), First Coast
standards would be inconsistent with the northeast shore of Crotch Island
Guard District, 408 Atlantic Ave.,
applicable law or otherwise impractical. located at: latitude 44°08′51.0″ N,
Boston, MA 02110, or deliver them to
Voluntary consensus standards are longitude 068°40′06.0″ W; thence
room 628 at the same address between
technical standards (e.g., specifications southerly along the shoreline to latitude
8 a.m. and 3 p.m., Monday through
of materials, performance, design, or 44°08′36.0″ N, longitude 068°40′07.02″
Friday, except Federal holidays.
operation; test methods; sampling W; thence to latitude 44°08′36.0″ N,
Comments and material received from
procedures; and related management longitude 068°40′04.02″ W; thence to
the public, as well as documents
systems practices) that are developed or latitude 44°08′46.98″ N, longitude
indicated in this preamble as being
adopted by voluntary consensus 068°40′00.0″ W; thence to latitude
available in the docket, will become part
standards bodies. 44°08′55.02″ N, longitude 068°39′49.02″
of this docket and will be available for
This proposed rule does not use W; thence to latitude 44°08′54.0″ N,
inspection or copying at room 628, First
technical standards. Therefore, we did longitude 068°40′06.0″ W thence back to
Coast Guard District Boston, between 8
not consider the use of voluntary origin.
DATUM: NAD 83. a.m. and 3 p.m., Monday through
consensus standards. Friday, except Federal holidays.
(2) [Reserved]
Environment Note to § 110.4(e): An ordinance of the FOR FURTHER INFORMATION CONTACT: Mr.
We have analyzed this proposed rule Town of Stonington, Maine requires the John J. Mauro, Commander (dpw), First
under Commandant Instruction approval of the Stonington Harbor Master for Coast Guard District, 408 Atlantic Ave.,
M16475.lD and Department of the location and type of moorings placed in Boston, MA 02110, Telephone (617)
Homeland Security Management these special anchorage areas. All anchoring 223–8355 or e-mail at
Directive 5100.1, which guide the Coast in the areas are under the supervision of the John.J.Mauro@uscg.mil.
Stonington Harbor Master or other such
Guard in complying with the National authority as may be designated by the SUPPLEMENTARY INFORMATION:
Environmental Policy Act of 1969 authorities of the Town of Stonington, Maine.
(NEPA) (42 U.S.C. 4321–4370f), and Request for Comments
All moorings are to be so placed that no
have made a preliminary determination moored vessel will extend beyond the limit We encourage you to participate in
that there are no factors in this case that of the area. this rulemaking by submitting
would limit the use of a categorical comments and related material. If you
ebenthall on PRODPC61 with PROPOSALS

exclusion under section 2.B.2 of the Dated: January 17, 2008. do so, please include your name and
Instruction. Therefore, we believe that Timothy S. Sullivan, address, identify the docket number for
this rule should be categorically Rear Admiral, U.S. Coast Guard, Commander, this rulemaking (USCG–2007–0199),
excluded, under figure 2–1, paragraph First Coast Guard District. indicate the specific section of this
(34)(f), of the Instruction, from further [FR Doc. E8–2693 Filed 2–13–08; 8:45 am] document to which each comment
environmental documentation. This rule BILLING CODE 4910–15–P applies, and give the reason for each

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