Special Local Regulations; Delaware River, Big Timber Creek, Westville, NJ, 26002-26004 [E8-10227]
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
request testimony of an SSA employee.
At 20 CFR 403.120(c), we provide a post
office box address for you to use to
request testimony of an SSA employee.
The address has changed; therefore, we
are updating the regulations to reflect
the new address. We are not making any
substantive changes to the regulations.
Regulatory Procedures
Justification for Final Rule
As required by section 702(a)(5) of the
Social Security Act, 42 U.S.C. 902(a)(5),
we follow the Administrative Procedure
Act (APA) rulemaking procedures
specified in 5 U.S.C. 553 in developing
regulations. The APA provides that
prior notice and public comment is not
required when an agency finds good
cause for dispensing with such
procedures because they are
impracticable, unnecessary, or contrary
to the public interest. We have
determined that, under 5 U.S.C.
553(b)(B), good cause exists here
because this final rule only updates the
address to be used for requesting
testimony of an SSA employee. It makes
no substantive changes to the
regulations. Therefore, we have
determined that opportunity for prior
comment is unnecessary, and we are
issuing this revision as a final rule.
In addition, we find good cause for
dispensing with the 30-day delay in the
effective date provided by 5 U.S.C.
553(d)(3). As explained above, we are
not making any substantive changes to
the regulations. Without the correct
address, there could be a delay in
receiving these requests for testimony of
an SSA employee. In order to ensure
that we continue to receive these
requests timely, we find that it is in the
public interest to make this final rule
effective on the date of publication.
pwalker on PROD1PC71 with RULES
Executive Order 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that this final rule does not
meet the criteria for a significant
regulatory action under Executive Order
12866, as amended. Thus, it was not
subject to OMB review.
Regulatory Flexibility Act
We certify that this final rule will not
have a significant economic impact on
a substantial number of small entities
because they affect only individuals.
Thus, a regulatory flexibility analysis as
provided in the Regulatory Flexibility
Act, as amended, is not required.
Paperwork Reduction Act
These regulations describe the
procedures for an individual to request
testimony of an SSA employee. The
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16:31 May 07, 2008
Jkt 214001
application for testimony is a paperwork
burden that requires clearance by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995. SSA has already cleared the
burden contained in 20 CFR 413.120
under OMB Number 0960–0619, and
there is no change. Consequently, we
are showing a 1-hour placeholder for the
paperwork burden for this rule.
An Information Collection Request
has been submitted to OMB for
clearance. We are soliciting comments
on the burden estimate; the need for the
information; its practical utility; ways to
enhance its quality, utility and clarity;
and on ways to minimize the burden on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments should be sent to OMB by
fax or by e-mail to: Office of
Management and Budget, Attn: Desk
Office for SSA, Fax Number: 202–395–
6974, E-mail address: OIRA_
Submission@omb.eop.gov.
Comments on the paperwork burdens
associated with this rule can be received
for up to 30 days after publication of
this notice. When OMB has approved
these information collection
requirements, SSA will publish a notice
in the Federal Register. To receive a
copy of the OMB clearance package,
please contact the Reports Clearance
Officer at OPLM.RCO@ssa.gov.
(Catalog of Federal Domestic Program Nos.
96.001 Social Security-Disability Insurance;
96.002 Social Security-Retirement Insurance;
96.004 Social Security-Survivors Insurance;
96.005 Special Benefits for Disabled Coal
Miners; 96.006 Supplemental Security
Income; and 96.020 Special Benefits for
Certain World War II Veterans)
List of Subjects in 20 CFR Part 403
Courts, Government employees.
Dated: April 30, 2008.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the
preamble, part 403 of chapter III of title
20 of the Code of Federal Regulations is
amended as follows:
I
PART 403—TESTIMONY BY
EMPLOYEES AND THE PRODUCTION
OF RECORDS AND INFORMATION IN
LEGAL PROCEEDINGS
1. The authority citation for part 403
continues to read as follows:
I
Authority: Secs. 702(a)(5) and 1106 of the
Act, (42 U.S.C. 902(a)(5) and 1306); 5 U.S.C.
301; 31 U.S.C. 9701.
2. In § 403.120, revise paragraph (c) to
read as follows:
I
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§ 403.120
How do you request testimony?
*
*
*
*
*
(c) You must send your application
for testimony to: Social Security
Administration, Office of the General
Counsel, Office of General Law, Suite
No. 56, P.O. Box 26430, Baltimore,
Maryland 21207, Attn: Touhy Officer. (If
you are requesting testimony of an
employee of the Office of the Inspector
General, send your application to the
address in § 403.125.)
*
*
*
*
*
[FR Doc. E8–10256 Filed 5–7–08; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0278]
RIN 1625–AA08
Special Local Regulations; Delaware
River, Big Timber Creek, Westville, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations
during the ‘‘Westville Parade of Lights’’,
a marine parade to be held on the waters
of the Delaware River and Big Timber
Creek, Westville, NJ. 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 a
small portion of the Delaware River and
Big Timber Creek during the event.
DATES: This rule is effective from 7 p.m.
to 11:30 p.m. on June 28, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0278 and are available online at https://
www.regulations.gov. They are also
available for inspection or copying at
two locations: the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the Fifth Coast Guard District, 431
Crawford Street, Portsmouth, VA 23704
between 10 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
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08MYR1
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
Division, (757) 398–6204. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
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. Publishing
an NPRM would be impracticable and
contrary to public interest since
immediate action is needed to minimize
potential danger to the public during the
event. The necessary information to
determine whether the marine event
poses a threat to persons and vessels
was not provided with sufficient time to
publish an NPRM. The potential
dangers posed by a marine parade
formation transiting the waterway with
other vessel traffic at night makes
special local regulations necessary to
provide for the safety of participants,
spectator craft and other vessels
transiting the event area. For the safety
concerns noted, it is in the public
interest to have these regulations in
effect during the event. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
pwalker on PROD1PC71 with RULES
Background and Purpose
On June 28, 2008, the Borough of
Westville, New Jersey and the Westville
Power Boat Association will sponsor the
‘‘Westville Parade of Lights’’.
Approximately 20 power and sailing
vessels will participate in a marine
parade that will begin formation in the
vicinity of the Route 130 Bridge and
transit Big Timber Creek and terminate
where the waterway joins the Delaware
River. The event will also include a
fireworks display launched from land,
with a fallout area extending over the
navigable waters of Big Timber Creek,
Westville, NJ. Spectator vessels are
expected to gather near the event site to
view the on water activity. Due to the
need for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels.
Discussion of Rule
The Coast Guard will establish
temporary special local regulations on
specified waters of the Delaware River
and Big Timber Creek. The temporary
special local regulations will be in effect
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16:31 May 07, 2008
Jkt 214001
from 7 p.m. to 11:30 p.m. on June 28,
2008. The effect will be to restrict
general navigation in the regulated area
during the marine 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 during the
enforcement period. 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 spectators and transiting vessels.
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.
Although this regulation restricts
vessel traffic from transiting a small
portion of the Delaware River and Big
Timber Creek 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
and the extensive advance notifications
that will be made to the maritime
community via Local Notice to Mariners
and marine information broadcasts.
Notice to the public may also be
conveyed by local area newspapers,
radio and TV stations so mariners can
adjust their plans 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 this segment
of the Delaware River and Big Timber
Creek during the event.
This temporary rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
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26003
in effect for only a short period, from 7
p.m. to 11:30 p.m. on June 28, 2008.
Although this regulation prevents traffic
from transiting a small segment of the
Delaware River and Big Timber Creek
during the event, this temporary rule
would not have a significant economic
impact on a substantial number of small
entities for the following reasons. This
rule would be in effect for only a limited
period. Vessel traffic may be able to
transit around the regulated area or
when event activity is halted, when the
Coast Guard Patrol Commander deems it
is safe to do so. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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
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08MYR1
26004
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
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.
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
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.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
pwalker on PROD1PC71 with RULES
Energy Effects
Words of Issuance and Regulatory Text
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.
I
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Jkt 214001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
I
northwest to the waterway entrance
where Big Timber Creek joins the
Delaware River.
(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
Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the Westville Parade of
Lights under the auspices of the Marine
Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Delaware Bay.
(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.
(ii) Proceed as directed by any 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 event area.
(d) Enforcement period. This section
will be enforced from 7 p.m. to 11:30
p.m. on June 28, 2008. A notice of
enforcement of this section will be
disseminated through the Fifth Coast
Guard District Local Notice to Mariners
announcing the specific event date and
times. Notice will also be made via
broadcast notice to mariners on VHF–
FM marine band radio.
Dated: April 16, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth
Coast Guard District, Acting.
[FR Doc. E8–10227 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
0278 to read as follows:
I
§ 100.35–T05–0278 Delaware River, Big
Timber Creek Westville, NJ.
(a) Regulated area includes all waters
of Big Timber Creek, shore line to shore
line from the Route 130 Bridge
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08MYR1
]]>Agencies
[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Rules and Regulations]
[Pages 26002-26004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10227]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0278]
RIN 1625-AA08
Special Local Regulations; Delaware River, Big Timber Creek,
Westville, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``Westville Parade of Lights'', a marine parade to be held
on the waters of the Delaware River and Big Timber Creek, Westville,
NJ. 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 a small portion of the Delaware
River and Big Timber Creek during the event.
DATES: This rule is effective from 7 p.m. to 11:30 p.m. on June 28,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0278 and are available online
at https://www.regulations.gov. They are also available for inspection
or copying at two locations: the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the Fifth Coast Guard District, 431 Crawford Street, Portsmouth, VA
23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention
[[Page 26003]]
Division, (757) 398-6204. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
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. Publishing an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to minimize potential danger to the public during the event. The
necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided with sufficient time to
publish an NPRM. The potential dangers posed by a marine parade
formation transiting the waterway with other vessel traffic at night
makes special local regulations necessary to provide for the safety of
participants, spectator craft and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event. The Coast Guard will
issue broadcast notice to mariners to advise vessel operators of
navigational restrictions. On scene Coast Guard and local law
enforcement vessels will also provide actual notice to mariners.
Background and Purpose
On June 28, 2008, the Borough of Westville, New Jersey and the
Westville Power Boat Association will sponsor the ``Westville Parade of
Lights''. Approximately 20 power and sailing vessels will participate
in a marine parade that will begin formation in the vicinity of the
Route 130 Bridge and transit Big Timber Creek and terminate where the
waterway joins the Delaware River. The event will also include a
fireworks display launched from land, with a fallout area extending
over the navigable waters of Big Timber Creek, Westville, NJ. Spectator
vessels are expected to gather near the event site to view the on water
activity. Due to the need for vessel control during the event, vessel
traffic will be temporarily restricted to provide for the safety of
participants, spectators and transiting vessels.
Discussion of Rule
The Coast Guard will establish temporary special local regulations
on specified waters of the Delaware River and Big Timber Creek. The
temporary special local regulations will be in effect from 7 p.m. to
11:30 p.m. on June 28, 2008. The effect will be to restrict general
navigation in the regulated area during the marine 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 during the
enforcement period. 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 spectators and transiting vessels.
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.
Although this regulation restricts vessel traffic from transiting a
small portion of the Delaware River and Big Timber Creek 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 and the
extensive advance notifications that will be made to the maritime
community via Local Notice to Mariners and marine information
broadcasts. Notice to the public may also be conveyed by local area
newspapers, radio and TV stations so mariners can adjust their plans
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 this segment of the Delaware River and Big Timber Creek during
the event.
This temporary rule will not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 7 p.m. to 11:30
p.m. on June 28, 2008. Although this regulation prevents traffic from
transiting a small segment of the Delaware River and Big Timber Creek
during the event, this temporary rule would not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule would be in effect for only a limited
period. Vessel traffic may be able to transit around the regulated area
or when event activity is halted, when the Coast Guard Patrol Commander
deems it is safe to do so. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
[[Page 26004]]
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
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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35-T05-0278 to read as follows:
Sec. 100.35-T05-0278 Delaware River, Big Timber Creek Westville, NJ.
(a) Regulated area includes all waters of Big Timber Creek, shore
line to shore line from the Route 130 Bridge northwest to the waterway
entrance where Big Timber Creek joins the Delaware River.
(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 Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the Westville
Parade of Lights under the auspices of the Marine Event Permit issued
to the event sponsor and approved by Commander, Coast Guard Sector
Delaware Bay.
(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.
(ii) Proceed as directed by any 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 event area.
(d) Enforcement period. This section will be enforced from 7 p.m.
to 11:30 p.m. on June 28, 2008. A notice of enforcement of this section
will be disseminated through the Fifth Coast Guard District Local
Notice to Mariners announcing the specific event date and times. Notice
will also be made via broadcast notice to mariners on VHF-FM marine
band radio.
Dated: April 16, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E8-10227 Filed 5-7-08; 8:45 am]
BILLING CODE 4910-15-P
