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15904 Federal Register / Vol , 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations
<br /> which guides the Coast Guard in person or vessel is prohibited unless Enterprise program in 7 years through
<br /> complying with the National authorized by the Captain of the Port subsequent rulemaking. This rule also
<br /> Environmental Policy Act of 1969 (COTP) , Boston or the COTP's revises EPA 's Minority Business
<br /> (NEPA ) ( 42 U . S . C . 4321 -4370f) , and desinated representative , Enterprise (MBE) and Women ' s
<br /> have concluded that there are no factors ( 2 The safety zone is closed to all Business Enterprise (WBE ) program and
<br /> in this case that would limit the use of vessel traffic , except as may be renames it EPA 's Disadvantaged
<br /> a categorical exclusion under section permitted by the COTP or the COTP 's Business Enterprise (DBE) Program , EPA
<br /> 2 .13 . 2 of the Instruction , Therefore , this designated representative , is removing existing MBE/WBE specific
<br /> rule is categorically excluded , under (3 ) Vessel operators desiring to enter provisions in regulations for grants and
<br /> figure 2- 1 , paragraph ( 34 ) (g) , of the or operate within the safety zone must agreements with institutions of higher
<br /> Instruction , from further environmental contact the COTP or the COTP 's education , hospitals , and other non.
<br /> documentation . Under figure 2.1 , designated representative to obtain profit organizations ; and uniform
<br /> paragraph ( 34 ) (g) , of the Instruction , an permission by calling the Sector Boston administrative requirements for grants
<br /> "Environmental Analvsis Check List" Command Center at 617-223-5761 , and cooperative agreements to state and
<br /> and a " Categorical Exclusion Vessel operators given permission to local governments , state and local
<br /> Determination " are not required for this enter or operate in the safety zone must assistance , and research and
<br /> rule because it concerns an emergency comply with all directions given to demonstration grants , and is
<br /> situation of less than 1 week in them by the COTP or the COTP ' s consolidating and adding to these
<br /> duration , designated representative . provisions in this new regulation . This
<br /> List of Subjects in 33 CFR Part 165 Dated: March 12 , 2008 * rule affects only procurements under
<br /> Gail P . Kulisch, EPA financial assistance agreements .
<br /> Harbors , Marine safety , Navigation This rule does notapply to direct
<br /> (water) , Reporting and recordkee in Captain . U.S. Coast Guard, Captain of the
<br /> P g Port. Sector Boston Federal procurement actions . If you are
<br /> requirements , Security measures , and a recipient of an EPA financial
<br /> Waterways , 1FR Doc , E8-6149 Filed 3-25-08 ; 8 ;45 ami
<br /> BILLING cone seta +s P assistance agreement or an entity
<br /> Is For the reasons discussed in the receiving an identified loan under a
<br /> preamble , the Coast Guard amends 33 financial assistance agreement
<br /> CFR part 165 as follows : ENVIRONMENTAL PROTECTION capitalizing a revolving loan fund , this
<br /> PART 165—REGULATED NAVIGATION AGENCY rule may affect you .
<br /> AREAS AND LIMITED ACCESS AREAS DATES : This final rule is effective May
<br /> 40 CFR Parts 30, 31 , 33 , 35 , and 40 27o2008 ,
<br /> ■ 1 . The authority citation for part 165 (pocket ID NO. EPA-FIQ-OA-2002-0001 ; ADDRESSES: EPA has established a
<br /> continues to read as follows : F Docket I5-9] docket for this action under Docket ID
<br /> Authority: 33 U. S.C. 1226 , 1231 ; 46 L'. S .C. No. EPA-HQ—OA-2002-0001 , All
<br /> Chapter 701 ; 50 U. S .C. 1914 195 ; 33 CFR RIN 2090-AA38 documents in the docket are listed on
<br /> 1 .05-1 , 6 . 04-1 , 6. 04-6 , and 160. 5 ; Pub . L , the www.regulations .gov Web site ,
<br /> 107-295 , 116 Stat . 2064 ; Department of Participation by Disadvantaged Although listed in the index, some
<br /> Homeland Security Delegation No , 0170 . 1 . Business Enterprises in Procurementinformation is not publicly available ,
<br /> Under Environmental Protection e.g „ CBI or other information whose
<br /> ■ 2. Add temporary § 165 . T01--0173 to Agency (EPA) Financial Assistance disclosure is restricted by statute ,
<br /> read as follows : Agreements Certain other material , such as
<br /> § 165.T01 -.0173 Safety Zone : Longwood AGENCY : Environmental Protection copyrighted material , is not placed on
<br /> Events Wedding Fireworks Display, Boston Agency . the Internet and will be publicly
<br /> Harbor, Boston, MA. ACTION : Final rule , available only in hard copy form.
<br /> (a ) Location . The following area is a Publicly available docket materials are
<br /> safety zone ; SUMMARY : This action will harmonize available either electronically through
<br /> All waters of Boston Harbor , from EPA ' s statutory Disadvantaged Business wwtv.regulatians.gov or in hard copy at
<br /> surface to bottom , within a four Enterprise procurement objectives with the HQ EPA Docket Center , EPA/DC ,
<br /> hundred (400) yard radius of the the United States Supreme Court' s EPA West, Room 3334 , 1301
<br /> fireworks launch site located in Boston decision in Adarand Constructors, Inc. Constitution Ave . , NW . , Washington,
<br /> Harbor at approximate position v . Pena , 515 U.S . 200 ( 1995 ) . In that DC 20004 , The Public Reading Room is
<br /> 42021 '4201N , 071 °2 '36" W , case , the Supreme Court extended strict open from 8 : 30 a.m . to 4 : 30 p . m, ,
<br /> (b) Effective Date. This rule isjudicial scrutiny to federal programs Monday through Friday , excluding legal
<br /> effective from 8 :45 p . m , through 9 :45 that use racial or ethnic criteria as a holidays . The telephone number for the
<br /> p .m . on March 29 , 2008 . basis for decision making . Remedying Public Reading Room is ( 202) 566-1744 ,
<br /> (c ) Definitions . ( 1 ) Designated discrimination is recognized as a and the telephone number for the Office
<br /> representative means a Coast Guard compelling government interest , and of Environmental Information is ( 202 )
<br /> Patrol Commander , including e Coast this rule is promulgated on the 566-1752 .
<br /> Guard coxswain , petty officer , or other understanding that the statutory FOR FURTHER INFORMA71ON CONTACT:
<br /> officer operating a Coast Guard vessel or provisions authorizing its adoption were Kimberly Patrick, Attorney Advisor ,
<br /> a Federal , State , or local officer enacted for that remedial purpose . This Office of the Administrator, Office of
<br /> designated by or assisting the Captain of rule sets forth a narrowly tailored EPA Small and Disadvantaged Business
<br /> the Port (COTP) . program to serve the compelling Utilization (OSDBU) by phone at ( 202)
<br /> ( 2) [Reserved] government interest of remedying past 566-2605 , by e-mail at
<br /> ( d) Regulations. ( 1 ) In accordance and current racial discrimination patrick.kimberly&epa .gov, or by fax at
<br /> with the general regulations in section through agency-wide DBE procurement ( 202 ) 566-0548 ; or Cassandra Freeman ,
<br /> 165 . 23 of this part, entry into or objectives , EPA intends to evaluate the Deputy Director , Office of the
<br /> movement within this zone by any propriety of the Disadvantaged Business Administrator , OSDBU by phone at
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