[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Notices]
[Page 74316-74318]
[DOCID:fr15de05-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0466; FRL-7749-7]

Pesticide Product; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any previously registered products pursuant to the provisions of
section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended.

DATES: Written comments, identified by the docket identification (ID)
number EPA-HQ-OPP-2005-0466, must be received on or before January 17,
2006.

ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Andrew C. Bryceland, Biopesticides and
Pollution Prevention Division (7511C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532) .
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of

this action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number EPA-HQ-OPP-2005-0466.
The official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the `` Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    Agency Website. EDOCKET, EPA's electronic public docket and comment
system was replaced on November 25, 2005, by an enhanced federal-wide
electronic docket management and comment system located at http://www.regulations.gov.
 Follow the online instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
EPA-HQ-OPP-2005-0466. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID Number EPA-HQ-OPP-2005-0466. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.

    2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP),
Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number EPA-HQ-OPP-2005-
0466.
    3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number EPA-HQ-OPP-2005-0466. Such deliveries are only accepted during
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the registration activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

II. Registration Application

    EPA received the following application to register a pesticide
product containing an active ingredient not included in any previously
registered products pursuant to the provision of section 3(c)(4) of
FIFRA. Notice of receipt of this application does not imply a decision
by the Agency on the applications.

Product Containing Active Ingredients not Included in any Previously
Registered Products:

    File Symbol: 56336-UT. Applicant: Suterra LLC, 213 S.W. Columbia
St., Bend, Oregon 97702-1013. Product Name: Checkmate BAW Technical
Pheromone. [Biochemical for mating disruption of Beet Armyworm Moth
(Spodoptera exigua)].Active ingredient: (Z,E)-9,12-Tetradecadien-1-yl
Acetate at 87.66%. Proposed classification/Use: Biochemical for the
mating disruption of Beet Armyworm Moth (Spodoptera exigua) for
manufacturing use only.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: December 7, 2005.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 05-24098 Filed 12-14-05; 8:45 am]

BILLING CODE 6560-50-S


Comment Info: =================

General Comment:Comparison of the pharmacokinetics and clinical efficacy of new extended-release formulations of methylphenidate.


No. of occurrences for the Model Chemical Plant per year
              Person-hours for the Model Chemical Plant per year
                            Technical Hours
(hr/yr)
                           Managerial Hours
(hr/yr)
                            Clerical Hours
(hr/yr)
  Total Cost ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                                     (G=F)
                                  (H=G*0.05)
                                  (I=G*0.10)

ii. Records of CMS data

a. Record of Continuously Monitored Parameters
                                       1
                                      365
                                       1
                                      10
                                      10
                                      10
                                      0.5
                                       1
                                    927.14
b. Compile Data
                                      24
                                       2
                                      24
                                       2
                                      48
                                      48
                                      2.4
                                      4.8
                                   4,450.27
c. Enter/verify Information for Semiannual report
                                      16
                                       2
                                      16
                                       2
                                      32
                                      32
                                      1.6
                                      3.2
                                   2,966.85
d. LDAR
                                Included in 3e

j. Calibration of CMS
                                      16
                                       1
                                      16
                                       1
                                      16
                                      16
                                      0.8
                                      1.6
                                   1,483.42
TOTAL with Paper Reporting Paper (Sum of Items Under 3.e.xi)
                                     6,305
TOTAL with Electronic Reporting
                                       0
TOTAL Record Keeping (Sum of Items 4.h through 4.j)
                                    18,543
[1] The referenced supporting statement contains several footnotes associated with the original burden estimate.  Please refer to the original supporting statement, included in the rulemaking docket.
[2] Original Subpart G/H/I (HON) supporting statement was unavailable for the analysis; therefore, Subpart FFFF was used to estimate the burden under Subpart G/H/I (HON).
[3] Assumed one deviation per semiannual report at model chemical plant.
[4] Changed to 1 hour because Method 21 testing is counted in cost impacts and 1 hour per process unit should be adequate time to transmit the data from the analyzer to a computer.

                                  Appendix D:

                      Electronic Reporting Cost Analysis
Table D.1 Initial Start Up Cost for Electronic Reporting for the Model Refinery

                                Emission Source
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                       Count of Occurrences Per Facility
                       Count of Applicable Data Elements
                 Count of Rules Applicable to Emission Source
                         Count of Data Entry Records

                  Hours Required to Enter Data Elements[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                   D=Ax(B+C)
                                    E=D/25

                                  (G=F*0.05)
                                  (H=F*0.10)

Transfer Operations[[2]]
                                       2
                                      10
                                       4
                                      28
                                     1.12
                                     1.12
                                     0.06
                                     0.11
                                      104
Equipment Leaks[[3]]
                                      16
                                      19
                                       3
                                      352
                                     14.1
                                     14.1
                                     0.70
                                     1.41
                                     1,305
Process Vents[[4]]
                                       7
                                      12
                                       2
                                      98
                                     3.92
                                     3.92
                                     0.20
                                     0.39
                                      363
Storage Vessels[[5]]
                                      48
                                      12
                                       5
                                      816
                                     32.6
                                     32.6
                                     1.63
                                     3.26
                                     3,026
Generic Data Elements[[6]]
                                      16
                                       9
                                       0
                                      144
                                     5.76
                                     5.76
                                     0.29
                                     0.58
                                      534
                                                                          Total
                                     5,333
[1] Assumed 25 data element entries per hour.
[2] 2 transfer operations at model refinery (marine dock and loading terminal). Assumed 10 data elements - control type, identification number, material loaded, capacity, annual amount of material loaded, and 5 other miscellaneous data elements. Assumed 4 applicable rules listed in Table [Insert Name of Rule Applicability Table 1].
[3] 16 process vents are subject to equipment leak standards at the model refinery. Assumed 19 data elements - Count of pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, and control devices; classification of equipment; location of equipment; control type for equipment; regulated material status; HAP/VOC; and 5 other miscellaneous data elements. Assumed 3 applicable rules listed in Table [insert name of Rule Applicability Table 1].
[4] 7 process vents are subject to process vent standards at the model refinery. Assumed 12 data elements - control type, identification number, flow, concentration, TRE, description, regulated material status, and 5 other miscellaneous data elements. Assumed 2 applicable rules listed in Table [insert name of Rule Applicability Table 1].
[5] 48 tanks are subject to storage vessel requirements at the model refinery. Assumed 12 data elements - size, orientation, materials being stored, installation date, control type, capacity, vapor pressure, and 5 other miscellaneous elements. Assumed 5 applicable rules listed in Table [insert name of Rule Applicability Table 1].
[6] 16 process units require generic data elements at the model refinery. Assumed 9 data elements - facility contact name, address, phone number, facility type (process), and 5 other miscellaneous data elements.

Table D.2 Initial Start Up Cost for Electronic Reporting for the Model Chemical Plant

                                Emission Source
                                      (A)
                                      (B)
                                      (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                       Count of Occurrences Per Facility
                       Count of Applicable Data Elements
                 Count of Rules Applicable to Emission Source
                         Count of Data Entry Records

                  Hours Required to Enter Data Elements[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                   D=Ax(B+C)
                                    E=D/25

                                  (G=F*0.05)
                                  (H=F*0.10)

Transfer Operations[[2]]
                                       7
                                      10
                                       2
                                      84
                                     3.36
                                     3.36
                                     0.17
                                     0.34
                                      312
Equipment Leaks[[3]]
                                       3
                                      19
                                       4
                                      69
                                      2.8
                                      2.8
                                     0.14
                                     0.28
                                      256
Process Vents[[4]]
                                      14
                                      12
                                       4
                                      224
                                     8.96
                                     8.96
                                     0.45
                                     0.90
                                      831
Storage Vessels[[5]]
                                      20
                                      12
                                       4
                                      320
                                     12.8
                                     12.8
                                     0.64
                                     1.28
                                     1,187
Generic Data Elements[[6]]
                                       3
                                       9
                                       0
                                      27
                                     1.08
                                     1.08
                                     0.05
                                     0.11
                                      100
                                                                          Total
                                     2,685
[1] Assumed 25 data element entries per hour.
[2] 7 transfer operations at model chemical plant. Assumed 10 data elements - control type, identification number, material loaded, capacity, annual amount of material loaded, and 5 other miscellaneous data elements. Assumed 4 applicable rules listed in Table [Insert Name of Rule Applicability Table 1].
[3] 3 process vents are subject to equipment leak standards  at model chemical plant.  Assumed 19 data elements - Count of pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, and control devices; classification of equipment; location of equipment; control type for equipment; regulated material status; HAP/VOC; and 5 other miscellaneous data elements. Assumed 3 applicable rules listed in Table [insert name of Rule Applicability Table 1].
[4] 14 process vents are subject to process vent standards  at model chemical plant. Assumed 12 data elements - control type, identification number, flow, concentration, TRE, description, regulated material status, and 5 other miscellaneous data elements. Assumed 2 applicable rules listed in Table [insert name of Rule Applicability Table 1].
[5] 20 tanks are subject to storage vessel requirements at model chemical plant. Assumed 12 data elements - size, orientation, materials being stored, installation date, control type, capacity, vapor pressure, and 5 other miscellaneous elements. Assumed 5 applicable rules listed in Table [insert name of Rule Applicability Table 1].
[6] 3 process units require generic data elements at model chemical plant. Assumed 9 data elements - facility contact name, address, phone number, facility type (process), and 5 other miscellaneous data elements.

     Table D.3 Annual Cost for Electronic Reporting for the Model Refinery
                                 Data Element
                                      (A)
                                      (B)
                                      (F)
                                      (G)
                                      (H)
 TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                     Data Elements to be Entered Per Year
                          Total Hours per Year[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                    B=A/25

                                  (G=F*0.05)
                                  (H=F*0.10)

Information Required in the Annual Report

Subpart I[[2]]

Inspection records

Defect
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Leak
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Failure
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
   Documentation of Emptying for:

Defect
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Leak
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Failure
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
   Documentation of Repair for:

Defect
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Leak
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Failure
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
   Estimate of Emissions from Floating Roof Landings
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
   Estimate of Emission from Overfilling
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
   Estimate of Emissions from Pressure Vessel Defects
                                       5
                                      0.2
                                      0.2
                                     0.01
                                     0.02
                                     18.54
Subpart I, Annual Subtotal
                                      60
                                      2.4
                                      2.4
                                     0.12
                                     0.24
                                    222.51
Subpart J[[3]]

Process Unit Identification
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Count of Leaking Equipment

Valves
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34

 Table D.3 Annual Cost for Electronic Reporting for the Model Refinery (Cont.)
                                 Data Element
                                      (A)
                                      (B)
                                      (F)
                                      (G)
                                      (H)
 TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                     Data Elements to be Entered Per Year
                          Total Hours per Year[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                    B=A/25

                                  (G=F*0.05)
                                  (H=F*0.10)

Pumps
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Connectors
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Agitators
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Compressors
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Total Count of Valves Monitored
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Percent Leaking
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Total Count of Connectors Monitored
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Percent Leaking
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Count of Equipment not Repaired

Valves
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Pumps
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Connectors
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Agitators
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Compressors
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Non-repairable/Inaccessible
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Delay of Repair Report
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Results of M21 Test Post Release Test for G/V PRD
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Results of M21 Test for Compressors
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
   Results of M21 Test for OEL
                                      16
                                     0.64
                                     0.64
                                     0.032
                                     0.064
                                     59.34
Process vent Requirements
                                      25
                                       1
                                       1
                                     0.05
                                      0.1
                                     92.71
Subpart J, Annual Subtotal
                                      345
                                     13.8
                                     13.8
                                     0.69
                                     1.38
                                   1,279.45
Subpart M (Annual)
                    There are no annual Subpart M reports.
Information Required in the Semiannual Report

 Table D.3 Annual Cost for Electronic Reporting for the Model Refinery (Cont.)
                                 Data Element
                                      (A)
                                      (B)
                                      (F)
                                      (G)
                                      (H)
 TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                     Data Elements to be Entered Per Year
                          Total Hours per Year[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                    B=A/25

                                  (G=F*0.05)
                                  (H=F*0.10)

Subpart I[[4]]

Storage Vessel ID
                                      10
                                      0.4
                                      0.4
                                     0.02
                                     0.04
                                     37.09
Date of Empty/Repair
                                      10
                                      0.4
                                      0.4
                                     0.02
                                     0.04
                                     37.09
   Start Date Floating Roof Landing Does Not Meet 65.315(b)(1)
                                      10
                                      0.4
                                      0.4
                                     0.02
                                     0.04
                                     37.09
   End Date Floating Roof Landing Does Not Meet 65.315(b)(1)
                                      10
                                      0.4
                                      0.4
                                     0.02
                                     0.04
                                     37.09
   Inspection record for pressure vessels
                                      10
                                      0.4
                                      0.4
                                     0.02
                                     0.04
                                     37.09
Subpart I, Semiannual Subtotal
                                      50
                                       2
                                       2
                                      0.1
                                      0.2
                                    185.43
Subpart J

PRD Release[[5]]

PRD ID
                                      160
                                      6.4
                                      6.4
                                     0.32
                                     0.64
                                    593.37
      Duration of PRD Release
                                      160
                                      6.4
                                      6.4
                                     0.32
                                     0.64
                                    593.37
      Emissions from PRD Release
                                      160
                                      6.4
                                      6.4
                                     0.32
                                     0.64
                                    593.37
Compressor Leak[[6]]

Compressor ID
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
      Number of days between Instrument Reading
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
OEL Leak (Cap and Plug)[[6]]

OEL ID
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
      Number of days between Instrument Reading
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
   OEL Release from Emergency Shutdown[[6]]

OEL ID
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
Number of Releases
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
 Table D.3 Annual Cost for Electronic Reporting for the Model Refinery (Cont.)
                                 Data Element
                                      (A)
                                      (B)
                                      (F)
                                      (G)
                                      (H)
 TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                     Data Elements to be Entered Per Year
                          Total Hours per Year[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                    B=A/25

                                  (G=F*0.05)
                                  (H=F*0.10)

   Low Barrier Pressure Fluid[[6]]

Equipment ID
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
Number of Occurrences
                                      32
                                     1.28
                                     1.28
                                     0.064
                                     0.128
                                    118.67
Subpart J, Semiannual Subtotal
                                      736
                                     29.4
                                     29.44
                                     1.472
                                     2.944
                                   2,729.50
Subpart M

Process Vents[[7]]

Process Unit ID
                                      140
                                      5.6
                                      5.6
                                     0.28
                                     0.56
                                    519.20
   Start/End Date of Reporting Period
                                      140
                                      5.6
                                      5.6
                                     0.28
                                     0.56
                                    519.20
   Start/End Date of Exceedence (Above Emission Limit/Parameter)
                                      140
                                      5.6
                                      5.6
                                     0.28
                                     0.56
                                    519.20
   Average Parameter or Emission During Exceedence
                                      140
                                      5.6
                                      5.6
                                     0.28
                                     0.56
                                    519.20
Subpart M, Semiannual Subtotal
                                      560
                                     22.4
                                     22.4
                                     1.12
                                     2.24
                                   2,076.79

Log In/Out Time[[8]]

Annual Report

Storage Vessels

                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                    139.07
Equipment Leaks

                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                    139.07
Process Vents

                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                    139.07
Login/Out Subtotal (due to annual report)

                                      4.5
                                      4.5
                                     0.225
                                     0.45
                                    417.21
Semi Annual Report

Storage Vessels

                                       3
                                       3
                                     0.15
                                      0.3
                                    278.14
Equipment Leaks

                                       3
                                       3
                                     0.15
                                      0.3
                                    278.14
Process Vents

                                       3
                                       3
                                     0.15
                                      0.3
                                    278.14

 Table D.3 Annual Cost for Electronic Reporting for the Model Refinery (Cont.)
                                 Data Element
                                      (A)
                                      (B)
                                      (F)
                                      (G)
                                      (H)
 TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr

                     Data Elements to be Entered Per Year
                          Total Hours per Year[[1]]

                                Technical Hours
                               Managerial Hours

                                Clerical Hours

                                    B=A/25

                                  (G=F*0.05)
                                  (H=F*0.10)

Login/Out Subtotal (due to semiannual report)

                                       9
                                       9
                                     0.45
                                      0.9
                                    834.43
Total Annual Hourly Reporting Requirement

                                     83.5
                                     83.5
                                      4.2
                                      8.4
                                                            7,745.33
[1] Assumed 25 data elements entered per hour.

[2] Assumed 10% of 48 Tanks (approximately 5).
[3] Assumed 1 instance for every process unit (16 process units).
[4] Assumed 10% of 48 Tanks (approximately 5) with data elements entered twice a year for semiannual reporting.
[5] Assumed 5 releases per process units (16 process units) with data elements entered twice a year for semiannual reporting.
[6] Assumed 1 occurrence per process unit (16 process units) with data elements entered twice a year for semiannual reporting.
[7] Assumed 10 instances for every process vent (7 process vents) with data elements entered twice a year for semiannual reporting.
[8] Assumed a general 1.5 hour period to log in and out of system for each report to account for administrative issues such as account and password.

  Table D.4 Annual Cost for Electronic Reporting for the Model Chemical Plant
                                 Data Element
                   (A) Data Elements to be Entered Per Year
                     (B) Total Hours per Year[[1]]
B=A/25
                              (F) Technical Hours
                        (G) Managerial Hours
(G=F*0.05)
                         (H) Clerical Hours
(H=F*0.10)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr
Information Required in the Annual Report

Subpart I[[2]]

Inspection records

Defect
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Leak
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Failure
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Documentation of Emptying for:

Defect
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Leak
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Failure
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Documentation of Repair for:

Defect
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Leak
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Failure
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Estimate of Emissions from Floating Roof Landings
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Estimate of Emission from Overfilling
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
Estimate of Emissions from Pressure Vessel Defects
                                       2
                                     0.08
                                     0.08
                                     0.004
                                     0.008
                                                                  7.42
                                                                          Total
                                      24
                                     0.96
                                     0.96
                                     0.048
                                     0.096
                                                                89.01
Subpart J[[3]]

Process Unit Identification
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Count of Leaking Equipment
                                       3

Table D.4 Annual Cost for Electronic Reporting for the Model Chemical Plant (Cont.)
                                 Data Element
                   (A) Data Elements to be Entered Per Year
                     (B) Total Hours per Year[[1]]
B=A/25
                              (F) Technical Hours
                        (G) Managerial Hours
(G=F*0.05)
                         (H) Clerical Hours
(H=F*0.10)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr
Valves
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Pumps
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Connectors
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Agitators
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Compressors
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Total Count of Valves Monitored
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Percent Leaking
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Total Count of Connectors Monitored
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Percent Leaking
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Count of Equipment not Repaired

Valves
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Pumps
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Connectors
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Agitators
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Compressors
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Non-repairable/Inaccessible
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Delay of Repair Report
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Results of M21 Test Post Release Test for G/V PRD
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Results of M21 Test for Compressors
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13
Results of M21 Test for OEL
                                       3
                                     0.12
                                     0.12
                                     0.006
                                     0.012
                                                                 11.13

Table D.4 Annual Cost for Electronic Reporting for the Model Chemical Plant (Cont.)
                                 Data Element
                   (A) Data Elements to be Entered Per Year
                     (B) Total Hours per Year[[1]]
B=A/25
                              (F) Technical Hours
                        (G) Managerial Hours
(G=F*0.05)
                         (H) Clerical Hours
(H=F*0.10)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr
Process vent Requirements
                                      14
                                     0.56
                                     0.56
                                     0.028
                                     0.056
                                                                 51.92
                                                                          Total
                                      77
                                     2.96
                                     2.96
                                     0.148
                                     0.296
                                                               274.43
Subpart M
                    There are no annual Subpart M reports.
Information Required in the Semiannual Report

Subpart I[[4]]

Storage Vessel ID
                                       4
                                     0.16
                                     0.16
                                     0.008
                                     0.016
                                                                 14.83
Date of Empty/Repair
                                       4
                                     0.16
                                     0.16
                                     0.008
                                     0.016
                                                                 14.83
Start Date Floating Roof Landing Does Not Meet 65.315(b)(1)
                                       4
                                     0.16
                                     0.16
                                     0.008
                                     0.016
                                                                 14.83
End Date Floating Roof Landing Does Not Meet 65.315(b)(1)
                                       4
                                     0.16
                                     0.16
                                     0.008
                                     0.016
                                                                 14.83
Inspection record for pressure vessels
                                       4
                                     0.16
                                     0.16
                                     0.008
                                     0.016
                                                                 14.83
                                                                          Total
                                      20
                                      0.8
                                      0.8
                                     0.04
                                     0.08
                                                                74.17
Subpart J

PRD Release[[5]]

PRD ID
                                      30
                                      1.2
                                      1.2
                                     0.06
                                     0.12
                                                                111.26
Duration of PRD Release
                                      30
                                      1.2
                                      1.2
                                     0.06
                                     0.12
                                                                111.26
Emissions from PRD Release
                                      30
                                      1.2
                                      1.2
                                     0.06
                                     0.12
                                                                111.26
Compressor Leak[[6]]

Compressor ID
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
Number of days between Instrument Reading
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
OEL Leak (Cap and Plug)[[6]]

OEL ID
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25

Table D.4 Annual Cost for Electronic Reporting for the Model Chemical Plant (Cont.)
                                 Data Element
                   (A) Data Elements to be Entered Per Year
                     (B) Total Hours per Year[[1]]
B=A/25
                              (F) Technical Hours
                        (G) Managerial Hours
(G=F*0.05)
                         (H) Clerical Hours
(H=F*0.10)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr
Number of days between Instrument Reading
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
OEL Release from Emergency Shutdown[[6]]

OEL ID
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
Number of Releases
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
Low Barrier Pressure Fluid[[6]]

Equipment ID
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
Number of Occurrences
                                       6
                                     0.24
                                     0.24
                                     0.012
                                     0.024
                                                                 22.25
                                                                          Total
                                      138
                                      5.5
                                     5.52
                                     0.276
                                     0.552
                                                               511.78
Subpart M

Process Vents[[7]]

Process Unit ID
                                      280
                                     11.2
                                     11.2
                                     0.56
                                     1.12
                                                             1,038.40
Start/End Date of Reporting Period
                                      280
                                     11.2
                                     11.2
                                     0.56
                                     1.12
                                                             1,038.40
Start/End Date of Exceedence (Above Emission Limit/Parameter)
                                      280
                                     11.2
                                     11.2
                                     0.56
                                     1.12
                                                             1,038.40
Average Parameter or Emission During Exceedence
                                      280
                                     11.2
                                     11.2
                                     0.56
                                     1.12
                                                             1,038.40
                                                                          Total
                                     1120
                                     44.8
                                     44.8
                                     2.24
                                     4.48
                                                                        4153.59
Log In/Out Time[[8]]

Annual Report

Storage Vessels

                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                                                         139.07
Equipment Leaks

                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                                                         139.07
Process Vents

                                      1.5
                                      1.5
                                     0.075
                                     0.15
                                                                         139.07

Table D.4 Annual Cost for Electronic Reporting for the Model Chemical Plant (Cont.)
                                 Data Element
                   (A) Data Elements to be Entered Per Year
                     (B) Total Hours per Year[[1]]
B=A/25
                              (F) Technical Hours
                        (G) Managerial Hours
(G=F*0.05)
                         (H) Clerical Hours
(H=F*0.10)
  TOTAL COST ($)
Technical $83.01/hr
Managerial $121.38/hr
Clerical $36.35/hr
                                      Login/Out Subtotal (due to annual report)

                                      4.5
                                      4.5
                                     0.225
                                     0.45
                                                                         417.21
Semi Annual Report

Storage Vessels

                                       3
                                       3
                                     0.15
                                      0.3
                                                                         278.14
Equipment Leaks

                                       3
                                       3
                                     0.15
                                      0.3
                                                                         278.14
Process Vents

                                       3
                                       3
                                     0.15
                                      0.3
                                                                         278.14
                 Login/Out Subtotal (due to semiannual report)

                                       9
                                       9
                                     0.45
                                      0.9
                                                               834.43
                                      Total Annual Hourly Reporting Requirement

                                     68.5
                                     68.5
                                      3.4
                                      6.9
                                                            6,354.62
[1] Assumed 25 data elements entered per hour.
[2] Assumed 10% of 20 Tanks.

[3] Assumed 1 instance for every process unit (3 process units).

[4] Assumed 10% of 20 Tanks with data elements entered twice a year for semiannual reporting.

[5] Assumed 5 releases per process unit (3 process units) with data elements entered twice a year for semiannual reporting

[6] Assumed 1 occurrence per process unit (3 process units) with data elements entered twice a year for semiannual reporting

[7] Assumed 10 instances for every process vent (14 process vents) with data elements entered twice a year for semiannual reporting

[8] Assumed a general 1.5 hour period to log in and out of system for each report to account for administrative issues such as account and password.


[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Rules and Regulations]
[Page 59944-59947]
[DOCID:fr23oc07-4]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. CGD01-07-145]
RIN 1625-AA00

Safety Zone: Army Corps of Engineers Blasting and Dredging
Operation, Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones in
Boston Harbor, Boston, Massachusetts, for the Army Corps of Engineers
(ACOE) blasting and dredging operation, to include the underwater
blasting locations and the vessel transporting blasting material to and
from the work sites, between October 5, 2007 and December 31, 2007. The
zone temporarily closes all navigable waters of Boston Harbor within a
four hundred (400) yard radius of the four underwater demolition sites
located at approximate positions 42[deg]20'05.5'' N, 070[deg]59'53.9''
W, east-southeast of Castle Island; 42[deg]20'19.0'' N,
070[deg]58'46.5'' W, President Roads Anchorage; 42[deg]21'15.80'' N,
070[deg]55'51.95'' W, North Channel; 42[deg]22'03.70'' N,
070[deg]55'18.83'' W, North Channel, while blasting operations are
occurring and a moving

safety zone of one hundred yards around the M/V EMILY ROSE. The
operations will only occur during daylight hours. The safety zone is
necessary to protect the maritime public from the potential hazards
posed by the blasting and dredging. Entry into this zone is prohibited
during the closure period unless authorized by the Captain of the Port
Boston, Massachusetts.

DATES: This rule is effective from 12:01 a.m. on October 5, 2007 until
11:59 p.m. on December 31, 2007.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-145 and are available for
inspection or copying at Sector Boston, 427 Commercial Street, Boston,
MA, between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Chief Eldridge McFadden, Sector
Boston, Waterways Management Division, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. A notice and comment period
was not held for this rulemaking because the logistics with respect to
the blasting and dredging were not determined with sufficient time to
draft and publish an NPRM. Delaying the necessary blasting operations
to accommodate a notice and comment period would be contrary to the
public interest.
    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 as immediate action is needed to
protect vessels transiting the area from the hazards associated with
underwater blasting and rock removal operations. Any delay encountered
in this regulation's effective date would be contrary to the public
interest since immediate action is necessary to protect persons,
facilities, vessels and others in the maritime community from the
safety hazards associated with the handling, detonation, and
transportation of explosives.

Background and Purpose

    The Army Corps of Engineers is conducting a project to deepen
Boston Harbor. Within the shipping channels there are several rock
formations which are impeding the progress of the work. The Army Corps
has contracted RDA Construction to perform the associated blasting and
dredging to remove the rock. The explosives will be transferred to and
from the blasting sites aboard the M/V EMILY ROSE. In order to protect
the maritime public from the hazards associated with the loading,
detonation, and transportation of explosives in and around the blasting
areas, the Coast Guard is establishing safety zones around each of the
four blasting sites and a moving safety zone around the vessel EMILY
ROSE as it transits from the loading point on the Fore River in Quincy,
Massachusetts to the blasting sites and back. Entry into these zones
will be prohibited unless authorized by the Captain of the Port.

Discussion of Rule

    This rule establishes temporary safety zones on the navigable
waters of Boston Harbor within a four hundred (400) yard radius of the
various rock sites located in Boston Harbor at approximate positions
42[deg]20'05.5'' N, 070[deg]59'53.9'' W, east-southeast of Castle
Island; 42[deg]20'19.0'' N, 070[deg]58'46.5'' W, President Roads
Anchorage; 42[deg]21'15.80'' N, 070[deg]55'51.95'' W, North Channel;
and, 42[deg]22'03.70'' N, 070[deg]55'18.83'' W, North Channel while
blasting and dredging is occurring. This regulation also establishes a
moving safety zone on all navigable waters of the Fore River and Boston
Harbor in a 100 yard radius around the M/V EMILY ROSE as it loads and
unloads explosives and transits from the Fore River to the four
demolition areas and from the demolition areas back to the Fore River
shipyard. The explosives loading will occur at the Fore River shipyard
wet dock in Quincy, Massachusetts. The explosives will be transported
via vessel to the construction barges at the above noted positions
where the blasting and dredging is occurring.
    This rule is effective from 12:01 a.m. EDT on October 5, 2007 until
11:59 p.m. EST on December 31, 2007. Although the safety zone will be
in effect for twelve weeks, it will only be enforced during actual
transit and blasting times. Blasting will only occur during daylight
hours.
    Marine traffic may transit safely outside of the zone during the
enforcement period. Public notifications will be made prior to and
during the enforcement period via safety marine information broadcasts
and the event will be published in the Local Notice to Mariners. During
the enforcement periods, entry into those zones by any vessel is
prohibited unless specifically authorized by the Captain of the Port,
Boston.
    Given the limited time-frame of the enforcement period of the zone,
the small safety zone size and the short duration of the blasting
events, the Captain of the Port does not anticipate any negative impact
on vessel traffic due to this event. Blasting operations are only to
occur during daylight, specifically between the hours of 6 a.m. and 4
p.m. The moving safety zone around the EMILY ROSE will be enforced only
during the loading, unloading and transit of explosives to the site and
from the site back to shore with any unused explosives. Portions of the
safety zones around the perimeter of the blasting work are located
within the channel and may peripherally affect vessels transiting in or
out of the port. However, the zone around the blasting worksite will be
enforced only during the actual blasting times thus minimizing any
adverse impact. Public notifications will be made during the entire
effective period of this safety zone via marine information broadcasts
and through local notice to mariners.

Regulatory Evaluation

    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.
    The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
rule will prevent traffic from transiting a portion of Boston Harbor
during the blasting and dredging operations, the effect of this rule
will not be significant for several reasons: vessels, although excluded
from the zone, will have sufficient navigable water to safely maneuver
in all other waters of Boston Harbor surrounding the zone when blasting
is occurring; and, when blasting operations are not occurring the zones
will not be enforced thus allowing vessels to move within the areas
designated by this rule; also, advance notifications will be made to
the local maritime community by marine information broadcasts and Local
Notice to Mariners allowing mariners to plan voyages accordingly.

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 a portion of Boston Harbor during the effective
period of this safety zone. For the reasons outlined in the Regulatory
Evaluation section above, this safety zone will not have a significant
economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If this rule will affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call Chief
Eldridge McFadden, Sector Boston, Waterways Management Division, at
(617) 223-5160.
    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 affect 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 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
and Department of Homeland Security Management Directive 5100.1, which
guide 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. This rule fits the category selected from paragraph
(34)(g), as it establishes a safety zone. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' will be 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, Waterways.

0
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

0
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T01-145 to read as follows:

Sec.  165.T-01-145  Safety Zone: Army Corps Underwater Rock Demolition,
Boston Harbor, Boston, MA.

    (a) Location. The following areas are safety zones: (1) All
navigable waters of the Fore River and Boston Harbor, from surface to
bottom, within a four hundred (400) yard radius around the blasting and
dredging sites located in Boston Harbor at approximate positions:
42[deg]20'05.5'' N, 070[deg]59'53.9'' W, east-southeast of Castle
Island; 42[deg]20'19.0'' N, 070[deg]58'46.5'' W, President Roads
Anchorage; 42[deg]21'15.80'' N, 070[deg]55'51.95'' W, North Channel;
and 42[deg]22'03.70'' N, 070[deg]55'18.83'' W, North Channel, while
blasting operations are occurring. (2) All navigable waters within a
one hundred (100) yard radius of the motor vessel EMILY ROSE while it
is loading, transporting and unloading explosives.
    (b) Effective Date. This rule is effective from 12:01 a.m. on
October 5, 2007 until 11:59 p.m. on December 31, 2007.
    (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,
Boston Harbor.
    (d) Regulations. (1) The general regulations contained in 33 CFR
Sec.  165.23 apply.
    (2) In accordance with the general regulations in section 165.23 of
this part, entry into or movement within this zone by any person or
vessel is prohibited unless authorized by the Captain of the Port
(COTP), Boston or the COTP's designated representative.
    (3) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission by calling the Sector Boston Command Center at 617-
223-5761 or via VHF channel 16. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the COTP or the COTP's designated representative.
    (e) Enforcement period. This section will be enforced only during
daylight hours where blasting operations are being conducted and when
the vessel EMILY ROSE is loading, transporting or unloading explosives.

    Dated: October 4, 2007.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-20780 Filed 10-22-07; 8:45 am]

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