Special Local Regulation; Chris Craft Silver Cup Regatta, St. Clair River, Algonac, MI, 45612-45615 [E8-18080]
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 522 is amended as follows:
DEPARTMENT OF THE TREASURY
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
[TD 9415]
REMIC Residual Interests—Accounting
for REMIC Net Income (Including Any
Excess Inclusions) (Foreign Holders)
1. The authority citation for 21 CFR
part 522 continues to read as follows:
Authority: 21 U.S.C. 360b.
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
2. In § 522.313b, revise paragraphs (a),
(e)(1)(ii), and (e)(2)(i) to read as follows:
I
Dated: July 28, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8–18094 Filed 8–5–08; 8:45 am]
BILLING CODE 4160–01–S
This document contains a
correction to final regulations (TD
9415), that were published in the
Federal Register on Monday, July 14,
2008 (73 FR 40171). The final
regulations relates to income that is
associated with a residual interest in a
Real Estate Mortgage Investment
Conduit (REMIC) and that is allocated
through certain entities to foreign
persons who have invested in those
entities.
DATES: This correction is effective on
August 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Arturo Estrada, (202) 622–3900 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Ceftiofur hydrochloride.
(a) Specifications. Each milliliter of
ceftiofur hydrochloride suspension
contains 50 milligrams (mg) ceftiofur
equivalents in either a peanut oil or
caprylic/capric triglyceride suspension.
*
*
*
*
*
(e) Conditions of use—
(1) * * *
(ii) Indications for use. For treatment
and control of swine bacterial
respiratory disease (swine bacterial
pneumonia) associated with
Actinobacillus pleuropneumoniae,
Pasteurella multocida, Salmonella
Choleraesuis, and Streptococcus suis.
*
*
*
*
*
(2) * * *
(i) Amount. For bovine respiratory
disease and acute bovine interdigital
necrobacillosis, administer 1.1 to 2.2
mg/kg of body weight at 24-hour
intervals for 3 to 5 consecutive days. For
bovine respiratory disease only, 2.2 mg/
kg of body weight may be administered
twice at a 48-hour interval. For acute
metritis only, administer 2.2 mg/kg of
body weight at 24-hour intervals for 5
consecutive days. Product in peanut oil
suspension may be administered by
either intramuscular or subcutaneous
injection. Product in caprylic/capric
triglyceride suspension may be
administered by subcutaneous injection
only.
*
*
*
*
*
yshivers on PROD1PC62 with RULES
26 CFR Part 1
RIN 1545–BB84
I
§ 522.313b
Internal Revenue Service
Background
The final regulations (TD 9415) that is
the subject of this correction is under
section 1441 of the Internal Revenue
Code.
Need for Correction
As published, TD 9415 contains an
error that may prove to be misleading
and is in need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendment:
I
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. Section 1.1441–2 is amended
by revising paragraph (f) to read as
follows:
§ 1.1441–2 Amounts subject to
withholding.
*
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(f) Effective/applicability date. This
section applies to payments made after
December 31, 2000. Paragraphs (b)(5)
and (d)(4) of this section apply to
payments made after August 1, 2006.
Cynthia E. Grigsby,
Senior Federal Register Liaison Officer,
Publications and Regulations Branch, Legal
Processing Division, Associate Chief Counsel,
(Procedure and Administration).
[FR Doc. E8–17954 Filed 8–5–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0763]
RIN 1625–AA00
Special Local Regulation; Chris Craft
Silver Cup Regatta, St. Clair River,
Algonac, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation for an area on the St. Clair
River, Algonac, Michigan. This
temporary special local regulation is
intended to restrict vessels from a
portion of the St. Clair River during the
Chris Craft Silver Cup Regatta. This
temporary special local regulation is
necessary to protect spectators and
vessels from the hazards associated with
boat race operations.
DATES: This rule is effective from 9 a.m.
on August 8, 2008 until 8 p.m. on
August 10, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0763 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 at U.S.
Coast Guard Sector Detroit, 110 Mt.
Elliot Ave., Detroit, MI 48207 between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call CDR Joseph Snowden,
Prevention, U.S. Coast Guard Sector
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations
Detroit, 110 Mount Elliot Ave., Detroit,
MI 48207; 313–568–9580. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
yshivers on PROD1PC62 with RULES
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable and contrary to
the public interest since immediate
action is needed to ensure the safety of
spectators and vessels during this 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. Boat racing in close proximity to
watercraft poses significant risk to
public safety and property. The likely
combination of large numbers of
recreation vessels, congested waterways,
and high speeds could easily result in
serious injuries or fatalities, which
makes a special local regulation
necessary to safeguard spectators and
vessels. For the safety concerns noted, it
is in the public interest to have these
regulations in effect during the event.
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 this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event, and
immediate action is necessary to
prevent possible loss of life and
property.
Background and Purpose
This temporary special local
regulation is necessary to ensure the
safety of waterways users and event
participants from hazards associated
with waterways racing. Based on
accidents that have occurred in other
Captain of the Port zones, and the
hazards of high-speed racing, the
Captain of the Port Detroit has
determined boat racing in close
proximity to watercraft poses significant
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risk to public safety and property. The
likely combination of large numbers of
recreation vessels, congested waterways,
and high speeds could easily result in
serious injuries or fatalities. This special
local regulation temporarily establishes
a regulated area to control vessel
movement around the location of the
raceway and will help ensure the safety
of persons and property at these events
and help minimize the associated risks.
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.
This determination is based on the
minimal time that vessels will be
restricted from the area and the Coast
Guard expects insignificant adverse
impact to mariners from the special
local regulation’s activation.
Discussion of Rule
A temporary regulated area is
necessary to ensure the safety of
spectators and vessels during the setup
and execution of a boat race in
conjunction with the Chris Craft Silver
Cup Regatta. The boat races will occur
from 9 a.m. until 5 p.m. on August 8,
2008, from 9 a.m. until 8 p.m. on August
9, 2008, and from 9 a.m. until 8 p.m. on
August 10, 2008.
The regulated area will encompass all
waters of the St. Clair River, North
Channel, Algonac, Michigan, bounded
on the south by a line starting north of
Grande Point Cut on Russel Island at
position 42°36.3′ N; 082°32.5′ W
extending across the channel to Algonac
to a point at position 42°36.5′ N;
082°32.6′ W, following north along the
Algonac shoreline to a point at position
42°37.4′ N; 082°31.4′ W, extending
southeast to buoy Y ‘‘17’’ at position
42°37.3′ N; 082°31.1′ W, extending
southwest to a point on the northern
end of Russel Island at position 42°37.0′
N; 082°31.4′ W, continuing southwest
along the Russel Island shoreline to the
point of origin. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
regulated area is prohibited unless
authorized by the Captain of the Port
Detroit or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
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 and operators of
vessels intending to transit or anchor in
a portion of the St. Clair River near
Algonac, MI between 9 a.m. on August
8, 2008 and 8 p.m. on August 10, 2008.
This regulated area will not have a
significant economic impact on a
substantial number of small entities
because this rule will only be in effect
for three days. Additionally, in the
event that this temporary regulated area
affects shipping, commercial vessels
may request permission from the
Captain of the Port Detroit to transit
through the area. The Coast Guard will
give notice to the public via a Broadcast
Notice to Mariners that the regulation is
in effect.
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
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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
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations
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.
yshivers on PROD1PC62 with RULES
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
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13:49 Aug 05, 2008
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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.
documentation. This event establishes a
regulated area for a marine event,
therefore paragraph (34)(h) of the
Instruction applies.
A final environmental analysis
checklist and a final categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
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.
List of Subjects in 33 CFR Part 100
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 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
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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—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
I 2. A new temporary § 100.T09–0763 is
added to read as follows:
§ 100.T09–0763 Special Local Regulation;
Chris Craft Silver Cup Regata, St. Clair
River, Algonac, MI.
(a) Location. The following area is a
temporary regulated area: All waters of
the St. Clair River, North Channel,
Algonac, Michigan, bounded on the
south by a line starting north of Grande
Point Cut on Russel Island at position
42°36.3′ N; 082°32.5′ W extending
across the channel to Algonac to a point
at position 42°36.5′ N; 082°32.6′ W,
following north along the Algonac
shoreline to a point at position 42°37.4′
N; 082°31.4′ W, extending southeast to
buoy Y ‘‘17’’ at position 42°37.3′ N;
082°31.1′ W, extending southwest to a
point on the northern end of Russel
Island at position 42°37.0′ N; 082°31.4′
W, continuing southwest along the
Russel Island shoreline to the point of
origin. All geographic coordinates are
North American Datum of 1983 (NAD
83).
(b) Enforcement Time and Date. This
regulation will be enforced on August 8,
2008, from 9 a.m. until 5 p.m., on
August 9, 2008 from 9 a.m. until 8 p.m.,
and on August 10, 2008 from 9 a.m. to
8 p.m.
(c) Regulations. (1) In accordance with
the general regulations in section
100.901 of this part, entry into,
transiting, or anchoring within this
regulated area is prohibited unless
authorized by the Captain of the Port
Detroit, or his designated on-scene
representative.
(2) This regulated area is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
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Federal Register / Vol. 73, No. 152 / Wednesday, August 6, 2008 / Rules and Regulations
Detroit or his designated on-scene
representative.
(3) Definition. The on-scene
representative of the Captain of the Port
is any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The on-scene
representative of the Captain of the Port
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The
Captain of the Port or his designated onscene representative may be contacted
via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the Captain of the Port
Detroit or his on-scene representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the regulated area must
comply with all directions given to
them by the Captain of the Port or his
on-scene representative.
Dated: July 23, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. E8–18080 Filed 8–5–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0727]
Drawbridge Operation Regulations;
Hackensack River, Jersey City, NJ,
Maintenance
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
yshivers on PROD1PC62 with RULES
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the NJTRO Lower Hack
Bridge across the Hackensack River,
mile 3.4, at Jersey City, New Jersey.
Under this temporary deviation, the
NJTRO Lower Hack Bridge may remain
in the closed position for 42 days to
facilitate bridge lift cable maintenance.
Vessels that can pass under the draw
without a bridge opening may do so at
all times. This deviation is necessary to
facilitate necessary bridge maintenance.
DATES: This deviation is effective from
August 9, 2008 through September 19,
2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
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13:49 Aug 05, 2008
Jkt 214001
0727 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 First
Coast Guard District, Bridge Branch
Office, 408 Atlantic Avenue, Boston,
Massachusetts 02110, between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Gary
Kassof, Project Officer, First Coast
Guard District, at (212) 668–7165.
The
NJTRO Lower Hack Bridge, across the
Hackensack River, mile 3.4, at Jersey
City, New Jersey, has a vertical
clearance in the closed position of 40
feet at mean high water and 45 feet at
mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.723(b).
The waterway has seasonal
recreational vessels, and commercial
vessels of various sizes.
The owner of the bridge, New Jersey
Transit Rail Operation (NJTRO),
requested a temporary deviation to
facilitate the replacement of cable
sheaves and also the bridge lift cables.
Under this temporary deviation the
NJTRO Lower Hack Bridge may remain
in the closed position August 9, 2008
through September 19, 2008. Vessels
that can pass under the bridge without
a bridge opening may do so at all times.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: July 25, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E8–18081 Filed 8–5–08; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0433]
RIN 1625–AA00
Safety Zone, 2008 Personal Watercraft
Challenge, Atlantic Ocean, Fort
Lauderdale, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Atlantic Ocean offshore from Fort
Lauderdale, Florida for the 2008
Personal Watercraft Challenge. This
temporary safety zone is intended to
restrict vessels from entering waters
within the zone unless specifically
authorized by the Captain of the Port
Miami, Florida, or a designated
representative. This rule is necessary to
provide for the safety of life on the
navigable waters of the United States
and protect participants, spectators, and
mariner traffic from potential hazards
associated with the event.
DATES: This rule is effective from 8 a.m.
until 11 a.m. on August 16, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0433 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 at Sector
Miami, 100 MacArthur Causeway,
Miami Beach, FL 33139 between 8 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Senior Chief Ray Johnson,
Coast Guard Sector Miami, Florida at
(305) 535–4307. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
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]]>Agencies
[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Rules and Regulations]
[Pages 45612-45615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18080]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0763]
RIN 1625-AA00
Special Local Regulation; Chris Craft Silver Cup Regatta, St.
Clair River, Algonac, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for an area on the St. Clair River, Algonac, Michigan. This
temporary special local regulation is intended to restrict vessels from
a portion of the St. Clair River during the Chris Craft Silver Cup
Regatta. This temporary special local regulation is necessary to
protect spectators and vessels from the hazards associated with boat
race operations.
DATES: This rule is effective from 9 a.m. on August 8, 2008 until 8
p.m. on August 10, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0763 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 at U.S. Coast Guard
Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI 48207 between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call CDR Joseph Snowden, Prevention, U.S. Coast Guard
Sector
[[Page 45613]]
Detroit, 110 Mount Elliot Ave., Detroit, MI 48207; 313-568-9580. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable and
contrary to the public interest since immediate action is needed to
ensure the safety of spectators and vessels during this 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. Boat racing in close proximity to watercraft poses
significant risk to public safety and property. The likely combination
of large numbers of recreation vessels, congested waterways, and high
speeds could easily result in serious injuries or fatalities, which
makes a special local regulation necessary to safeguard spectators and
vessels. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event.
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 this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life and property.
Background and Purpose
This temporary special local regulation is necessary to ensure the
safety of waterways users and event participants from hazards
associated with waterways racing. Based on accidents that have occurred
in other Captain of the Port zones, and the hazards of high-speed
racing, the Captain of the Port Detroit has determined boat racing in
close proximity to watercraft poses significant risk to public safety
and property. The likely combination of large numbers of recreation
vessels, congested waterways, and high speeds could easily result in
serious injuries or fatalities. This special local regulation
temporarily establishes a regulated area to control vessel movement
around the location of the raceway and will help ensure the safety of
persons and property at these events and help minimize the associated
risks.
Discussion of Rule
A temporary regulated area is necessary to ensure the safety of
spectators and vessels during the setup and execution of a boat race in
conjunction with the Chris Craft Silver Cup Regatta. The boat races
will occur from 9 a.m. until 5 p.m. on August 8, 2008, from 9 a.m.
until 8 p.m. on August 9, 2008, and from 9 a.m. until 8 p.m. on August
10, 2008.
The regulated area will encompass all waters of the St. Clair
River, North Channel, Algonac, Michigan, bounded on the south by a line
starting north of Grande Point Cut on Russel Island at position
42[deg]36.3[min] N; 082[deg]32.5[min] W extending across the channel to
Algonac to a point at position 42[deg]36.5[min] N; 082[deg]32.6[min] W,
following north along the Algonac shoreline to a point at position
42[deg]37.4[min] N; 082[deg]31.4[min] W, extending southeast to buoy Y
``17'' at position 42[deg]37.3[min] N; 082[deg]31.1[min] W, extending
southwest to a point on the northern end of Russel Island at position
42[deg]37.0[min] N; 082[deg]31.4[min] W, continuing southwest along the
Russel Island shoreline to the point of origin. All geographic
coordinates are North American Datum of 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the
regulated area is prohibited unless authorized by the Captain of the
Port Detroit or his designated on-scene representative. The Captain of
the Port or his designated on-scene representative may be contacted via
VHF Channel 16.
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.
This determination is based on the minimal time that vessels will
be restricted from the area and the Coast Guard expects insignificant
adverse impact to mariners from the special local regulation's
activation.
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 and operators of vessels intending to
transit or anchor in a portion of the St. Clair River near Algonac, MI
between 9 a.m. on August 8, 2008 and 8 p.m. on August 10, 2008.
This regulated area will not have a significant economic impact on
a substantial number of small entities because this rule will only be
in effect for three days. Additionally, in the event that this
temporary regulated area affects shipping, commercial vessels may
request permission from the Captain of the Port Detroit to transit
through the area. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.
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
[[Page 45614]]
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
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. This event establishes a regulated area for a marine
event, therefore paragraph (34)(h) of the Instruction applies.
A final environmental analysis checklist 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, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. A new temporary Sec. 100.T09-0763 is added to read as follows:
Sec. 100.T09-0763 Special Local Regulation; Chris Craft Silver Cup
Regata, St. Clair River, Algonac, MI.
(a) Location. The following area is a temporary regulated area: All
waters of the St. Clair River, North Channel, Algonac, Michigan,
bounded on the south by a line starting north of Grande Point Cut on
Russel Island at position 42[deg]36.3' N; 082[deg]32.5' W extending
across the channel to Algonac to a point at position 42[deg]36.5' N;
082[deg]32.6' W, following north along the Algonac shoreline to a point
at position 42[deg]37.4' N; 082[deg]31.4' W, extending southeast to
buoy Y ``17'' at position 42[deg]37.3' N; 082[deg]31.1' W, extending
southwest to a point on the northern end of Russel Island at position
42[deg]37.0' N; 082[deg]31.4' W, continuing southwest along the Russel
Island shoreline to the point of origin. All geographic coordinates are
North American Datum of 1983 (NAD 83).
(b) Enforcement Time and Date. This regulation will be enforced on
August 8, 2008, from 9 a.m. until 5 p.m., on August 9, 2008 from 9 a.m.
until 8 p.m., and on August 10, 2008 from 9 a.m. to 8 p.m.
(c) Regulations. (1) In accordance with the general regulations in
section 100.901 of this part, entry into, transiting, or anchoring
within this regulated area is prohibited unless authorized by the
Captain of the Port Detroit, or his designated on-scene representative.
(2) This regulated area is closed to all vessel traffic, except as
may be permitted by the Captain of the Port
[[Page 45615]]
Detroit or his designated on-scene representative.
(3) Definition. The on-scene representative of the Captain of the
Port is any Coast Guard commissioned, warrant, or petty officer who has
been designated by the Captain of the Port to act on his behalf. The
on-scene representative of the Captain of the Port will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of
the Port or his designated on-scene representative may be contacted via
VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the
regulated area shall contact the Captain of the Port Detroit or his on-
scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the regulated area must comply
with all directions given to them by the Captain of the Port or his on-
scene representative.
Dated: July 23, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-18080 Filed 8-5-08; 8:45 am]
BILLING CODE 4910-15-P
