Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD, 15108-15111 [E8-5776]
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15108
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Proposed Rules
U.S.C. Chapter 5) does not apply to this
regulation. Because the regulation does
not impose a collection of information
on small entities, the Regulatory
Flexibility Act (5 U.S.C. Chapter 6) does
not apply, either. Pursuant to section
7805(f) of the Internal Revenue Code,
this regulation has been submitted to
the Chief Counsel for Advocacy of the
Small Business Administration for
comment on its impact.
Comments and Request for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written (a signed original and eight (8)
copies) or electronic comments that are
submitted timely to the Internal
Revenue Service (IRS). The IRS and the
Treasury Department request comments
on the clarity of the proposed rules and
how they can be made easier to
understand. All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
comments. If a public hearing is
scheduled, notice of the date, time, and
place for the public hearing will be
published in the Federal Register.
Par. 2. Section 301.7701–2 is
amended by revising paragraphs
(b)(8)(vi) and (e)(7) to read as follows:
§ 301.7701–2
definitions.
Business entities;
*
*
*
*
*
(b) * * *
(8) * * *
(vi) [The text of the proposed
amendment to § 301.7701–2(b)(8)(vi) is
the same as the text of § 301.7701–
2T(b)(8)(vi) published elsewhere in this
issue of the Federal Register.]
*
*
*
*
*
(e) * * *
(7) [The text of the proposed
amendment to § 301.7701–2(e)(7) is the
same as the text of § 301.7701–2T(e)(7)
published elsewhere in this issue of the
Federal Register.]
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E8–5687 Filed 3–20–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Proposed Effective Date
33 CFR Part 100
The regulations proposed in this
document would be applicable for
entities existing on or after March 21,
2008.
[Docket No. USCG–2008–0154]
RIN 1625–AA08
Drafting Information
The principal author of these
proposed regulations is S. James Hawes
of the Office of Associate Chief Counsel
(International); however, other
personnel from the IRS and the Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Proposed Amendments to the
Regulations
yshivers on PROD1PC62 with PROPOSALS
Accordingly, 26 CFR part 301 is
proposed to be amended as follows:
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
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Special Local Regulations for Marine
Events; Severn River, College Creek,
Weems Creek and Carr Creek,
Annapolis, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations for
the ‘‘William I. Koch International Sea
Scout Cup’’, a sailboat regatta to be held
on the waters of the Severn River,
Annapolis, Maryland. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Severn River
adjacent to the U.S. Naval Academy,
Annapolis, Maryland during the sailboat
regatta.
DATES: Comments and related material
must reach the Coast Guard on or before
April 21, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0154 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
SUMMARY:
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duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Inspections
and Compliance Branch, at (757) 398–
6204. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0154),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Proposed Rules
submit them by mail and would like to
know that they reached the Facility,
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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0154) in the
Search box, and click ‘‘Go >>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or the Fifth
Coast Guard District, Federal Building,
431 Crawford Street, Portsmouth,
Virginia 23704–5004, Room 416
between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
yshivers on PROD1PC62 with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address 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 July 13 through July 19, 2008, the
U.S. Naval Academy, Annapolis, MD
will host the ‘‘William I. Koch
International Sea Scout Cup’’, sailboat
regatta on the waters of the Severn
River. This youth sailing regatta is
comprised of young men and women
between the ages of 14 and 21 who are
actively registered in the Sea Scout
program. The five-day event will be
held at the Naval Academy’s Sailing
Center. Teams from the United States
and 20 countries will test their
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seamanship skills as they sail 14′ sloop
rigged boats. The event will consist of
approximately 80 fourteen-foot sailboats
racing about several marked courses on
the Severn River. A fleet of spectator
vessels is anticipated to gather nearby to
view the competition. Due to the need
for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
participants, support vessels, spectators
and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish
temporary special local regulations on
specified waters on the Severn River
adjacent to the U.S. Naval Academy,
Annapolis, Maryland. This rule would
be enforced from 8:30 a.m. to 7:30 p.m.
on July 14, 15, 16, 17, and 18, 2008, and
would restrict general navigation in the
regulated area during the sail boat
regatta. The Coast Guard, at its
discretion, when practical would allow
the passage of vessels when races are
not taking place. If the event’s daily
activities should conclude prior to 7:30
p.m., enforcement of this proposed
regulation may be terminated for that
day at the discretion of the Patrol
Commander. Except for participants and
vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
would be allowed to enter or remain in
the regulated area during the
enforcement period.
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this proposed
regulation would prevent traffic from
transiting a portion of the Severn River
adjacent to U.S. Naval Academy,
Annapolis, Maryland during the event,
the effects of this regulation would not
be significant due to the limited
duration that the regulated area would
be in effect. Extensive advance
notifications would be made to the
maritime community via Local Notice to
Mariners, marine information broadcast,
area newspapers and radio stations, so
mariners can adjust their plans
accordingly. Vessel traffic would be able
to transit the regulated area between
races, when the Coast Guard Patrol
Commander deems it is safe to do so.
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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 will affect
the following entities, some of which
may be small entities: The owners or
operators of vessels intending to transit
this section of the Severn 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 rule will be
enforced for only a short period, from
8:30 a.m. to 7:30 p.m. on July 14, 15, 16,
17, and 18, 2008. The regulated area
will apply to a segment of the Severn
River adjacent to the U.S. Naval
Academy waterfront. Marine traffic may
be allowed to pass through the regulated
area with the permission of the Coast
Guard Patrol Commander. In the case
where the Patrol Commander authorizes
passage through the regulated area
during the event, vessels will be
required to proceed at the minimum
speed necessary to maintain a safe
course that minimizes wake near the
race course. Before the enforcement
period, we would publish a notice in
the Fifth Coast Guard District Local
Notice to Mariners and issue marine
information broadcasts so mariners can
adjust their plans accordingly.
Information regarding the International
Sea Scout Cup will be disseminated by
local community news papers and radio
stations.
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
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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 Coast
Guard at the number listed under FOR
FURTHER INFORMATION CONTACT. 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.
yshivers on PROD1PC62 with PROPOSALS
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
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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
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
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have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
2. Add temporary § 100.35–T05–017
to read as follows:
§ 100.35–T05–017
Annapolis, MD
Severn River,
(a) Regulated area. The regulated area
is established for the waters of the
Severn River from shoreline to
shoreline, bounded to the northwest by
a line drawn from the south shoreline at
latitude 39°00′38.9″ N, longitude
076°31′05.2″ W thence to the north
shoreline at latitude 39°00′54.7″ N,
longitude 076°30′44.8″ W, this line is
approximately 1300 yards northwest of
the U.S. 50 fixed highway bridge. The
regulated area is bounded to the
southeast by a line drawn from the
Naval Academy Light at latitude
38°58′39.5″ N, longitude 076°28′49″ W
thence southeast to a point 700 yards
east of Chinks Point, MD at latitude
38°58′1.9″ N, longitude 076°28′1.7″ W
thence northeast to Greenbury Point at
latitude 38°58′29″ N, longitude
076°27′16″ W. 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.
(c) Special local regulations. (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
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(2) The operator of any vessel in the
immediate vicinity of the regulated area
shall:
(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.
(3) Any spectator vessel may anchor
outside of the regulated area specified in
paragraph (a) of this section but may not
block a navigable channel.
(d) Enforcement period. (1) This
section will be enforced from 8:30 a.m.
to 7:30 p.m. on July 14, 15, 16, 17, and
18, 2008 and if the event’s daily
activities should conclude prior to 6
p.m., enforcement of this proposed
regulation may be terminated for that
day at the discretion of the Patrol
Commander.
(2) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event dates and times.
Dated: March 10, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–5776 Filed 3–20–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0879; FRL–8533–9]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Ohio State
Implementation Plan (SIP). On
September 7, 2006, Ohio requested
approval of revisions to its open burning
standards. The revisions were made to
clarify the open burning rules. Ohio
added requirements for specific types of
burning that were previously not
addressed. The state also added or
refined some of the definitions and
slightly changed some of the existing
rules. The revisions were made to
increase clarity of Ohio’s open burning
rules.
DATES: Comments must be received on
or before April 21, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
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15:22 Mar 20, 2008
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15111
OAR–2006–0879, by one of the
following methods:
1. https://www.regulations.gov: Follow
the online instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Please see the direct final rule which is
located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
in the Rules section of this Federal
Register.
Matt
Rau, Environmental Engineer, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
SUMMARY: NMFS proposes management
measures for the 2008 summer flounder,
scup, and black sea bass recreational
fisheries. The implementing regulations
for these fisheries require NMFS to
publish recreational measures for the
fishing year and to provide an
opportunity for public comment. The
intent of these measures is to prevent
overfishing of the summer flounder,
scup, and black sea bass resources.
DATES: Comments must be received by
5 p.m. local time, on April 21, 2008.
ADDRESSES: You may submit comments,
identified by RIN 0648–AV41, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Mail and hand delivery: Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on 2008 Summer Flounder,
Scup, and Black Sea Bass Recreational
Measures.’’
• Fax: (978) 281–9135. Send the fax
to the attention of the Sustainable
Fisheries Division. Include ‘‘Comments
on 2008 Summer Flounder, Scup, and
Black Sea Bass Recreational Measures’’
prominently on the fax.
Instructions: All comments received
are a part of the public record and will
FOR FURTHER INFORMATION CONTACT:
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Dated: February 15, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E8–5668 Filed 3–20–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070717341–8250–01]
RIN 0648–AV41
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2008
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Proposed Rules]
[Pages 15108-15111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5776]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0154]
RIN 1625-AA08
Special Local Regulations for Marine Events; Severn River,
College Creek, Weems Creek and Carr Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations for the ``William I. Koch International Sea Scout Cup'', a
sailboat regatta to be held on the waters of the Severn River,
Annapolis, Maryland. These special local regulations are necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in portions of the
Severn River adjacent to the U.S. Naval Academy, Annapolis, Maryland
during the sailboat regatta.
DATES: Comments and related material must reach the Coast Guard on or
before April 21, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0154 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District,
Inspections and Compliance Branch, at (757) 398-6204. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0154), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you
[[Page 15109]]
submit them by mail and would like to know that they reached the
Facility, 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0154)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Fifth Coast Guard District, Federal Building, 431
Crawford Street, Portsmouth, Virginia 23704-5004, Room 416 between 9
a.m. and 2 p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address 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 July 13 through July 19, 2008, the U.S. Naval Academy,
Annapolis, MD will host the ``William I. Koch International Sea Scout
Cup'', sailboat regatta on the waters of the Severn River. This youth
sailing regatta is comprised of young men and women between the ages of
14 and 21 who are actively registered in the Sea Scout program. The
five-day event will be held at the Naval Academy's Sailing Center.
Teams from the United States and 20 countries will test their
seamanship skills as they sail 14' sloop rigged boats. The event will
consist of approximately 80 fourteen-foot sailboats racing about
several marked courses on the Severn River. A fleet of spectator
vessels is anticipated to gather nearby to view the competition. Due to
the need for vessel control during the event, vessel traffic will be
temporarily restricted to provide for the safety of participants,
support vessels, spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters on the Severn River adjacent to the
U.S. Naval Academy, Annapolis, Maryland. This rule would be enforced
from 8:30 a.m. to 7:30 p.m. on July 14, 15, 16, 17, and 18, 2008, and
would restrict general navigation in the regulated area during the sail
boat regatta. The Coast Guard, at its discretion, when practical would
allow the passage of vessels when races are not taking place. If the
event's daily activities should conclude prior to 7:30 p.m.,
enforcement of this proposed regulation may be terminated for that day
at the discretion of the Patrol Commander. Except for participants and
vessels authorized by the Coast Guard Patrol Commander, no person or
vessel would be allowed to enter or remain in the regulated area during
the enforcement period.
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
proposed regulation would prevent traffic from transiting a portion of
the Severn River adjacent to U.S. Naval Academy, Annapolis, Maryland
during the event, the effects of this regulation would not be
significant due to the limited duration that the regulated area would
be in effect. Extensive advance notifications would be made to the
maritime community via Local Notice to Mariners, marine information
broadcast, area newspapers and radio stations, so mariners can adjust
their plans accordingly. Vessel traffic would be able to transit the
regulated area between races, 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 will affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to transit this section of the Severn 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
rule will be enforced for only a short period, from 8:30 a.m. to 7:30
p.m. on July 14, 15, 16, 17, and 18, 2008. The regulated area will
apply to a segment of the Severn River adjacent to the U.S. Naval
Academy waterfront. Marine traffic may be allowed to pass through the
regulated area with the permission of the Coast Guard Patrol Commander.
In the case where the Patrol Commander authorizes passage through the
regulated area during the event, vessels will be required to proceed at
the minimum speed necessary to maintain a safe course that minimizes
wake near the race course. Before the enforcement period, we would
publish a notice in the Fifth Coast Guard District Local Notice to
Mariners and issue marine information broadcasts so mariners can adjust
their plans accordingly. Information regarding the International Sea
Scout Cup will be disseminated by local community news papers and radio
stations.
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
[[Page 15110]]
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 Coast Guard at
the number listed under FOR FURTHER INFORMATION CONTACT. 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 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
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.
2. Add temporary Sec. 100.35-T05-017 to read as follows:
Sec. 100.35-T05-017 Severn River, Annapolis, MD
(a) Regulated area. The regulated area is established for the
waters of the Severn River from shoreline to shoreline, bounded to the
northwest by a line drawn from the south shoreline at latitude
39[deg]00'38.9'' N, longitude 076[deg]31'05.2'' W thence to the north
shoreline at latitude 39[deg]00'54.7'' N, longitude 076[deg]30'44.8''
W, this line is approximately 1300 yards northwest of the U.S. 50 fixed
highway bridge. The regulated area is bounded to the southeast by a
line drawn from the Naval Academy Light at latitude 38[deg]58'39.5'' N,
longitude 076[deg]28'49'' W thence southeast to a point 700 yards east
of Chinks Point, MD at latitude 38[deg]58'1.9'' N, longitude
076[deg]28'1.7'' W thence northeast to Greenbury Point at latitude
38[deg]58'29'' N, longitude 076[deg]27'16'' W. 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.
(c) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
[[Page 15111]]
(2) The operator of any vessel in the immediate vicinity of the
regulated area shall:
(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.
(3) Any spectator vessel may anchor outside of the regulated area
specified in paragraph (a) of this section but may not block a
navigable channel.
(d) Enforcement period. (1) This section will be enforced from 8:30
a.m. to 7:30 p.m. on July 14, 15, 16, 17, and 18, 2008 and if the
event's daily activities should conclude prior to 6 p.m., enforcement
of this proposed regulation may be terminated for that day at the
discretion of the Patrol Commander.
(2) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
Dated: March 10, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-5776 Filed 3-20-08; 8:45 am]
BILLING CODE 4910-15-P