Special Local Regulations for Marine Events; Choptank River, Cambridge, MD, 50997-50999 [05-17087]
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules
You may submit comments
electronically at either of the following:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• OSHA Web Site: https://
ecomments.osha.gov. Follow the
instructions for submitting comments
on OSHA’s Web page.
Please note that you may not attach
materials such as studies or journal
articles to your electronic comments. If
you wish to include such materials, you
must submit three copies of the material
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clearly identify your electronic
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docket number so that the Docket Office
can attach the materials to your
electronic comments.
Note that security-related problems
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receiving comments and other materials
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Docket Office at (202) 693–2350 for
information regarding security
procedures concerning delivery of
materials by express delivery, hand
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All comments and submissions will
be available for inspection and copying
in the OSHA Docket Office at the
address above. Most comments and
submissions will be posted on OSHA’s
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Contact the OSHA Docket Office at (202)
693–2350 for information about
materials not available on the OSHA
Web page and for assistance in using
this Web page to locate docket
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the docket or to OSHA’s Web page are
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Agency cautions interested parties
against including in these comments
personal information, such as social
security numbers and birth dates.
FOR FURTHER INFORMATION CONTACT:
Joanna Dizikes Friedrich, Directorate of
Evaluation and Analysis, Occupational
Safety and Health Administration,
Room N–3641, 200 Constitution Avenue
NW., Washington, DC 20210, Telephone
(202) 693–1939, Fax (202) 693–1641.
Authority: This document was prepared
under the direction of Jonathan L. Snare,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue, NW., Washington, DC
20210. It is issued under Section 610 of the
Regulatory Flexibility Act (5 U.S.C. 610) and
Section 5 of Executive Order 12866 (59 FR
51724, October 4, 1993).
VerDate Aug<18>2005
13:16 Aug 26, 2005
Jkt 205001
Signed at Washington, DC, this 22nd day
of August, 2005.
Jonathan L. Snare,
Deputy Assistant Secretary of Labor.
[FR Doc. 05–17067 Filed 8–26–05; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–05–105]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Choptank River, Cambridge,
MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish special local regulations
during the ‘‘Chesapeakeman Ultra
Triathlon’’, an event to be held October
1, 2005 on the waters of Choptank River
at Cambridge, MD. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to temporarily restrict vessel
traffic in a portion of the Choptank
River during the Chesapeakeman Ultra
Triathlon swim.
DATES: Comments and related material
must reach the Coast Guard on or before
September 19, 2005.
ADDRESSES: You may mail comments
and related material to Commander
(oax), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, hand-deliver them to
Room 119 at the same address between
9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays, or fax
them to (757) 398–6203. The Auxiliary
and Recreational Boating Safety Branch,
Fifth Coast Guard District, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the above
address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager, Auxiliary
and Recreational Boating Safety Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
PO 00000
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50997
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–05–105),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
In order to provide notice and an
opportunity to comment before issuing
an effective rule, we are providing a
shorter than normal comment period. A
20-day comment period is sufficient to
allow those who might be affected by
this rulemaking to submit their
comments because the regulations have
a narrow, local application, and there
will be local notifications in addition to
the Federal Register publication such as
press releases, marine information
broadcasts, and the Local Notice to
Mariners.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the address
listed under ADDRESSES explaining why
one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
On October 1, 2005, the Columbia
Triathlon Association will sponsor the
‘‘Chesapeakeman Ultra Triathlon’’. The
swimming segment of the event will
consist of approximately 300 swimmers
competing across a 2.4-mile course
along the Choptank River between the
Hyatt Regency Chesapeake Bay Resort
Beach and Great Marsh Park,
Cambridge, Maryland. The competition
will begin at the Hyatt Regency Beach.
The participants will swim across to the
finish line located at Great Marsh Park,
swimming approximately 100 yards off
shore, parallel with the shoreline.
Approximately 20 support vessels will
accompany the swimmers. Due to the
need for vessel control during the
swimming event, the Coast Guard will
temporarily restrict vessel traffic in the
event area to provide for the safety of
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50998
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules
Small Entities
participants, support craft and other
transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish
temporary special local regulations on
specified waters of the Choptank River
between the beachfront adjacent to the
Hyatt Regency Chesapeake Bay Resort
and Great Marsh Park at Cambridge,
Maryland. The temporary special local
regulations will be in effect from 6:30
a.m. to 10:30 a.m. on October 1, 2005.
The effect will be to restrict general
navigation in the regulated area during
the event. Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
Vessel traffic may be allowed to transit
the regulated area at slow speed as the
swim progresses, when the Coast Guard
Patrol Commander determines it is safe
to do so. The Patrol Commander will
notify the public of specific enforcement
times by Marine Radio Safety Broadcast.
These regulations are needed to control
vessel traffic during the event to
enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This proposed 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. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this proposed regulation
will prevent traffic from transiting a
segment of the Choptank River adjacent
to Cambridge, MD during the event, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect.
Extensive advance notifications will be
made to the maritime community via
Local Notice to Mariners, marine
information broadcasts, area
newspapers and local radio stations, so
mariners can adjust their plans
accordingly. Vessel traffic will be able to
transit the regulated area when the
Coast Guard Patrol Commander deems it
is safe to do so.
VerDate Aug<18>2005
13:16 Aug 26, 2005
Jkt 205001
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels intending to transit
this section of the Choptank River
during the event.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This proposed
rule would be in effect for only a limited
period, from 6:30 a.m. to 10:30 a.m. on
October 1, 2005. Vessels desiring to
transit the event area will be able to
transit the regulated area at slow speed
as the swim progresses, when the Coast
Guard Patrol Commander determines it
is safe to do so. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the address
listed under ADDRESSES. 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.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules
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 proposed 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.
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, which guides 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)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under that
section.
13:16 Aug 26, 2005
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
Technical Standards
VerDate Aug<18>2005
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
Jkt 205001
50999
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the swim course.
(d) Effective period. This section will
be effective from 6:30 a.m. to 10:30 a.m.
on October 1, 2005.
Dated: August 18, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–17087 Filed 8–26–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
2. Add a temporary § 100.35–T05–105
to read as follows:
36 CFR Part 242
§ 100.35–T05–105
Cambridge, MD.
DEPARTMENT OF THE INTERIOR
Choptank River,
(a) Regulated area. The regulated area
includes all waters of the Choptank
River within 200 yards either side of a
line drawn northwesterly from a point
on the shoreline at latitude 38°33′45″ N,
076°02′38″ W, thence to latitude
38°35′06″ N, 076°04′42″ W, a position
located at Great Marsh Park, Cambridge,
MD. All coordinates reference Datum
NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Participant includes all persons
participating in the Chesapeakeman
Ultra Triathlon swim under the auspices
of the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector
Baltimore.
(c) Special local regulations. (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area must:
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Fish and Wildlife Service
50 CFR Part 100
RIN 1018–AT81
Subsistence Management Regulations
for Public Lands in Alaska, Subpart A
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed Rule: Notice of
availability of supplemental information
and reopening of the comment period.
AGENCIES:
SUMMARY: On December 8, 2004, we, the
Federal Subsistence Board, published a
proposed rule to revise and clarify the
jurisdiction of the Federal Subsistence
Management Program in coastal areas in
southwestern Alaska. This rulemaking
is necessary in order to exclude
numerous saltwater embayments within
National Wildlife Refuge boundaries
that were never intended to fall under
the jurisdiction of the Federal
Subsistence Management Program. We
are now reopening the comment period
for this rulemaking action because of
newly available maps of the specific
embayments in southwestern Alaska to
be excluded from the jurisdiction of the
Federal Subsistence Management
Program. If you have already
commented on the proposed rule and
have no additional comments to make
as a result of viewing the newly
available maps, then you do not need to
resubmit your comment(s), as they will
E:\FR\FM\29AUP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Proposed Rules]
[Pages 50997-50999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17087]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-105]
RIN 1625-AA08
Special Local Regulations for Marine Events; Choptank River,
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Chesapeakeman Ultra Triathlon'', an event to
be held October 1, 2005 on the waters of Choptank River at Cambridge,
MD. These special local regulations are necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in a portion of the
Choptank River during the Chesapeakeman Ultra Triathlon swim.
DATES: Comments and related material must reach the Coast Guard on or
before September 19, 2005.
ADDRESSES: You may mail comments and related material to Commander
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational
Boating Safety Branch, Fifth Coast Guard District, maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the above address between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-05-
105), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
In order to provide notice and an opportunity to comment before
issuing an effective rule, we are providing a shorter than normal
comment period. A 20-day comment period is sufficient to allow those
who might be affected by this rulemaking to submit their comments
because the regulations have a narrow, local application, and there
will be local notifications in addition to the Federal Register
publication such as press releases, marine information broadcasts, and
the Local Notice to Mariners.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On October 1, 2005, the Columbia Triathlon Association will sponsor
the ``Chesapeakeman Ultra Triathlon''. The swimming segment of the
event will consist of approximately 300 swimmers competing across a
2.4-mile course along the Choptank River between the Hyatt Regency
Chesapeake Bay Resort Beach and Great Marsh Park, Cambridge, Maryland.
The competition will begin at the Hyatt Regency Beach. The participants
will swim across to the finish line located at Great Marsh Park,
swimming approximately 100 yards off shore, parallel with the
shoreline. Approximately 20 support vessels will accompany the
swimmers. Due to the need for vessel control during the swimming event,
the Coast Guard will temporarily restrict vessel traffic in the event
area to provide for the safety of
[[Page 50998]]
participants, support craft and other transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the Choptank River between the
beachfront adjacent to the Hyatt Regency Chesapeake Bay Resort and
Great Marsh Park at Cambridge, Maryland. The temporary special local
regulations will be in effect from 6:30 a.m. to 10:30 a.m. on October
1, 2005. The effect will be to restrict general navigation in the
regulated area during the event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Vessel traffic may be allowed to
transit the regulated area at slow speed as the swim progresses, when
the Coast Guard Patrol Commander determines it is safe to do so. The
Patrol Commander will notify the public of specific enforcement times
by Marine Radio Safety Broadcast. These regulations are needed to
control vessel traffic during the event to enhance the safety of
participants, spectators and transiting vessels.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this proposed regulation will prevent traffic from
transiting a segment of the Choptank River adjacent to Cambridge, MD
during the event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect.
Extensive advance notifications will be made to the maritime community
via Local Notice to Mariners, marine information broadcasts, area
newspapers and local radio stations, so mariners can adjust their plans
accordingly. Vessel traffic will be able to transit the regulated area
when the Coast Guard Patrol Commander deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit this section of the Choptank
River during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
proposed rule would be in effect for only a limited period, from 6:30
a.m. to 10:30 a.m. on October 1, 2005. Vessels desiring to transit the
event area will be able to transit the regulated area at slow speed as
the swim progresses, when the Coast Guard Patrol Commander determines
it is safe to do so. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship
[[Page 50999]]
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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides 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)(h), of the Instruction, from further environmental
documentation. Special local regulations issued in conjunction with a
regatta or marine parade permit are specifically excluded from further
analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
2. Add a temporary Sec. 100.35-T05-105 to read as follows:
Sec. 100.35-T05-105 Choptank River, Cambridge, MD.
(a) Regulated area. The regulated area includes all waters of the
Choptank River within 200 yards either side of a line drawn
northwesterly from a point on the shoreline at latitude 38[deg]33'45''
N, 076[deg]02'38'' W, thence to latitude 38[deg]35'06'' N,
076[deg]04'42'' W, a position located at Great Marsh Park, Cambridge,
MD. All coordinates reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all persons participating in the
Chesapeakeman Ultra Triathlon swim under the auspices of the Marine
Event Permit issued to the event sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(c) Special local regulations. (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the swim course.
(d) Effective period. This section will be effective from 6:30 a.m.
to 10:30 a.m. on October 1, 2005.
Dated: August 18, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-17087 Filed 8-26-05; 8:45 am]
BILLING CODE 4910-15-P
