Special Local Regulations for Marine Events; Patapsco River, Inner Harbor, Baltimore, MD, 43358-43360 [E8-17055]
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43358
Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0392]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Patapsco River, Inner Harbor,
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations
during the ‘‘Pride of Baltimore Recycled
Regatta’’, a marine event to be held
August 2, 2008 on the waters of the
Patapsco River, Inner Harbor, Baltimore,
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
Baltimore Inner Harbor during the
event.
This rule is effective from 2:30
p.m. to 9:30 p.m. on August 2, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0392 and are
available online at https://
www.regulations.gov. This material is
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 office, 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, Inspections
and Investigations Branch, at (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:
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DATES:
Regulatory Information
On June 2, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Patapsco River, Inner
VerDate Aug<31>2005
16:29 Jul 24, 2008
Jkt 214001
Harbor, Baltimore, MD in the Federal
Register (73 FR 31394). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to public interest,
because immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area.
However advance notification will be
made to users of the Patapsco River,
Baltimore Inner Harbor, via marine
information broadcasts, Local Notice to
Mariners, commercial radio stations and
local area newspapers.
Background and Purpose
On August 2, 2008, Pride of
Baltimore, Inc. will sponsor ‘‘Pride of
Baltimore Recycled Regatta’’ at the Inner
Harbor in Baltimore, MD. The event will
consist of approximately 30 boats built
from recycled materials attempting to
traverse a designated course that
extends over the water immediately
adjacent to the southwest corner of the
promenade surrounding the Baltimore
Inner Harbor. The regulated area
originates at the southwest corner of the
Inner Harbor adjacent to the Maryland
Science Center and extends outward
over the water within an approximately
150 yard arc. Due to the need for vessel
control during the event, the Coast
Guard will temporarily restrict vessel
traffic in the event area to provide for
the safety of participants, spectators and
other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Patapsco River,
Inner Harbor, Baltimore, MD.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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
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Fmt 4700
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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 will prevent
traffic from transiting a portion of the
Baltimore Inner Harbor 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 the Local
Notice to Mariners, marine information
broadcasts, and area newspapers, so
mariners can adjust their plans
accordingly. Additionally, the regulated
area has been narrowly tailored to
impose the least impact on general
navigation yet provide the level of safety
deemed necessary. Vessel traffic may be
able to transit the regulated area at slow
speed when event activity is halted,
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 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 temporary rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels intending to transit
or anchor in the effected portion of the
Baltimore Inner Harbor during the
event.
Although this regulation prevents
traffic from transiting a small segment of
the Baltimore Inner Harbor during the
event, this rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This temporary
rule would be in effect for only a limited
period. Vessel traffic may be able to
transit the regulated area 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.
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25JYR1
Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could 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.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
jlentini on PROD1PC65 with RULES
Taking of Private Property
This rule will 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.
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16:29 Jul 24, 2008
Jkt 214001
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.
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43359
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
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded under the Instruction
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.
Under figure 2–1, paragraph (34)(h.),
of the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I 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
Authority: 33 U.S.C. 1233.
I 2. Add a temporary § 100.T05–0392 to
read as follows:
§ 100.T05–0392 Patapsco River, Inner
Harbor, Baltimore, MD.
(a) Definitions: The following
definitions apply to this section:
(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 to act on
his behalf.
(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 vessels
participating in the Pride of Baltimore
Recycled Regatta under the auspices of
a Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector
Baltimore.
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43360
Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Rules and Regulations
(4) Regulated area includes the waters
of the Patapsco River, Baltimore, MD,
Inner Harbor within the immediate
vicinity of the southwest corner of the
harbor adjacent to the Maryland Science
Center. The area is bounded on the
south and west by the shoreline
promenade, bounded on the north by a
line drawn along latitude 39°16′58″
North and bounded on the east by a line
drawn along longitude 076°36′36.5″
West. All coordinates reference Datum
NAD 1983.
(b) 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 shall:
(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.
(c) Effective period. This section will
be enforced from 2:30 p.m. to 9:30 p.m.
on August 2, 2008.
Dated: July 15, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–17055 Filed 7–24–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0109; FRL–8694–8]
Determination of Attainment for the
Ozone National Ambient Air Quality
Standards for Nonattainment Areas in
Delaware, District of Columbia,
Maryland, Pennsylvania, and Virginia
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA has determined that two
severe 1-hour ozone nonattainment
areas, Philadelphia-WilmingtonTrenton, and the Metropolitan
Washington, DC, attained the 1-hour
ozone National Ambient Air Quality
Standards (NAAQS) by the applicable
attainment date of November 15, 2005.
EPA has also determined that these
areas are not subject to the imposition
of the penalty fees under section 185 of
VerDate Aug<31>2005
16:29 Jul 24, 2008
Jkt 214001
the Clean Air Act (CAA). These
determinations of attainment are not a
redesignation to attainment for these
severe areas for which air quality
monitoring data indicates attainment of
the standard. EPA is issuing this final
action to fulfill obligations to make such
determinations under the CAA.
DATES: Effective Date: This final rule is
effective on August 25, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0109. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
FOR FURTHER INFORMATION CONTACT:
Christopher Cripps, (215) 814–2179, or
by e-mail at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
I. Background
On April 28, 2008, (73 FR 22896),
EPA published a notice of proposed
rulemaking (NPR) for these actions. The
NPR proposed to determine that two
severe 1-hour ozone nonattainment
areas, Philadelphia-WilmingtonTrenton, and Metropolitan Washington,
DC, attained the 1-hour ozone NAAQS
by the applicable attainment date of
November 15, 2005, and, proposed to
find that these areas are not subject to
the imposition of the penalty fees under
section 185 of the CAA. These proposals
were based on three years of complete,
quality-assured ambient air quality
monitoring data for 2003 through 2005
ozone seasons. These proposed
determinations of attainment were not a
redesignation to attainment for these
severe areas for which air quality
monitoring data indicates attainment of
the standard.
We received two letters supporting
the proposed actions and received no
adverse public comments on the NPR.
The background for this action, the
requirements of section 185 of the CAA,
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Sfmt 4700
and the rationale for EPA’s proposed
action are explained in the NPR and
will not be restated here.
The geographic boundaries of each
nonattainment area affected by this
action can be found in the NPR (73 FR
22896 at 22896–22897, April 28, 2008).
See also, the tables entitled ‘‘Ozone (1Hour Standard)’’ in the following
sections of 40 CFR part 81: §§ 81.308,
81.309, 81.321, 81.339 and 81.347 for
Delaware, the District of Columbia,
Maryland, Pennsylvania, and Virginia,
respectively. Note that for each State the
codification of these determinations in
40 CFR part 52 the name of the 1-hour
severe ozone nonattainment area used is
the name of that area as it appears in the
table entitled ‘‘Ozone (1-Hour
Standard)’’ in 40 CFR part 81 for that
State.
II. Final Action
A. Philadelphia Area
Based upon EPA’s review of the air
quality data for the 3-year period 2003
to 2005, EPA has determined that the
Philadelphia-Wilmington-Trenton,
severe 1-hour ozone nonattainment area
attained the 1-hour ozone NAAQS by
the applicable attainment date of
November 15, 2005. EPA also has
determined that this area is not subject
to the imposition of the section 185
penalty fees.
B. Washington Area
Based upon EPA’s review of the air
quality data for the 3-year period 2003
to 2005, EPA has determined that the
Metropolitan Washington, DC, severe 1hour ozone nonattainment area attained
the 1-hour ozone NAAQS by the
applicable attainment date of November
15, 2005. EPA also has determined that
this area is not subject to the imposition
of the section 185 penalty fees.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this final action
is not a ‘‘significant regulatory action’’
and therefore is not subject to review by
the Office of Management and Budget.
For this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 Fed. Reg.
28355 (May 22, 2001)). This final action
determines that two areas have attained
a previously-established NAAQS based
on an objective review of measured air
quality data and imposes no additional
requirements. Accordingly, the
Administrator certifies that these final
E:\FR\FM\25JYR1.SGM
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Agencies
[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Rules and Regulations]
[Pages 43358-43360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17055]
[[Page 43358]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0392]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patapsco River,
Inner Harbor, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``Pride of Baltimore Recycled Regatta'', a marine event to
be held August 2, 2008 on the waters of the Patapsco River, Inner
Harbor, Baltimore, 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 Baltimore Inner Harbor during the event.
DATES: This rule is effective from 2:30 p.m. to 9:30 p.m. on August 2,
2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0392 and are available online at https://
www.regulations.gov. This material is 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 office, 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, Inspections and Investigations Branch, at (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
On June 2, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Patapsco
River, Inner Harbor, Baltimore, MD in the Federal Register (73 FR
31394). We received no letters commenting on the proposed rule. No
public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to public interest, because immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the event area. However advance notification will be
made to users of the Patapsco River, Baltimore Inner Harbor, via marine
information broadcasts, Local Notice to Mariners, commercial radio
stations and local area newspapers.
Background and Purpose
On August 2, 2008, Pride of Baltimore, Inc. will sponsor ``Pride of
Baltimore Recycled Regatta'' at the Inner Harbor in Baltimore, MD. The
event will consist of approximately 30 boats built from recycled
materials attempting to traverse a designated course that extends over
the water immediately adjacent to the southwest corner of the promenade
surrounding the Baltimore Inner Harbor. The regulated area originates
at the southwest corner of the Inner Harbor adjacent to the Maryland
Science Center and extends outward over the water within an
approximately 150 yard arc. Due to the need for vessel control during
the event, the Coast Guard will temporarily restrict vessel traffic in
the event area to provide for the safety of participants, spectators
and other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Patapsco River, Inner Harbor,
Baltimore, MD.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 will prevent traffic from transiting a
portion of the Baltimore Inner Harbor 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 the Local
Notice to Mariners, marine information broadcasts, and area newspapers,
so mariners can adjust their plans accordingly. Additionally, the
regulated area has been narrowly tailored to impose the least impact on
general navigation yet provide the level of safety deemed necessary.
Vessel traffic may be able to transit the regulated area at slow speed
when event activity is halted, 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 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 temporary rule would affect the following entities, some
of which might be small entities: the owners or operators of vessels
intending to transit or anchor in the effected portion of the Baltimore
Inner Harbor during the event.
Although this regulation prevents traffic from transiting a small
segment of the Baltimore Inner Harbor during the event, this rule would
not have a significant economic impact on a substantial number of small
entities for the following reasons. This temporary rule would be in
effect for only a limited period. Vessel traffic may be able to transit
the regulated area 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.
[[Page 43359]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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 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 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 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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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.
Under figure 2-1, paragraph (34)(h.), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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.T05-0392 to read as follows:
Sec. 100.T05-0392 Patapsco River, Inner Harbor, Baltimore, MD.
(a) Definitions: The following definitions apply to this section:
(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 to act on his behalf.
(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 vessels participating in the Pride of
Baltimore Recycled Regatta under the auspices of a Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Baltimore.
[[Page 43360]]
(4) Regulated area includes the waters of the Patapsco River,
Baltimore, MD, Inner Harbor within the immediate vicinity of the
southwest corner of the harbor adjacent to the Maryland Science Center.
The area is bounded on the south and west by the shoreline promenade,
bounded on the north by a line drawn along latitude 39[deg]16'58''
North and bounded on the east by a line drawn along longitude
076[deg]36'36.5'' West. All coordinates reference Datum NAD 1983.
(b) 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 shall:
(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.
(c) Effective period. This section will be enforced from 2:30 p.m.
to 9:30 p.m. on August 2, 2008.
Dated: July 15, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-17055 Filed 7-24-08; 8:45 am]
BILLING CODE 4910-15-P