Special Local Regulations for Marine Events; Choptank River, Cambridge, MD, 50545-50548 [E8-19894]
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
on the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million;
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Original amendment
submission date
*
October 22, 2002 ........
Intergovernmental relations, Surface
mining, Underground mining.
Dated: July 17, 2008.
Allen D. Klein,
Director, Western Region.
For the reasons set out in the
preamble, 30 CFR 944 is amended as set
forth below:
I
PART 944—UTAH
1. The authority citation for part 944
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 944.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of Final
Publication’’ to read as follows:
I
§ 944.15 Approval of Utah regulatory
program amendments
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August 27, 2008 .......... Utah Code Annotated 40–10–10(1), (2)(a)(i) through (vi), (2)(b)(i), (i)(A) and (i)(B), and (ii),
(2)(c)(i), (c)(i)(A) through (C), and (2)(c)(iii), (3)(a), (b), and (c), and (4)(a) and (b). Decision
deferred on UCA 40–10–10(2)(d) through (2)(d)(ii) and 40–10–10(5).
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0832]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Choptank River, Cambridge,
MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard proposes to
temporarily change the enforcement
period for special local regulations
during the ‘‘Cambridge Offshore
Challenge’’, a marine event held
annually on the waters of Choptank
River near Cambridge, Maryland.
Special local regulations are necessary
to provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Choptank River
during the event.
16:50 Aug 26, 2008
Jkt 214001
This rule is effective from 11:30
a.m. September 20, 2008 until 5:30 p.m.
September 21, 2008.
DATES:
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0832 and are available online at
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.
ADDRESSES:
DEPARTMENT OF HOMELAND
SECURITY
sroberts on PROD1PC70 with RULES
This rule will not impose an
unfunded mandate on State, local, or
Indian tribal governments or the private
sector of $100 million or more in any
given year. This determination is based
on the fact that the State submittal,
which is the subject of this rule, is based
on counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 944
Citation/description
BILLING CODE 4310–05–P
VerDate Aug<31>2005
Unfunded Mandates
Date of final
publication
[FR Doc. E8–19840 Filed 8–26–08; 8:45 am]
ACTION:
This determination is based on the
fact that the State submittal, which is
the subject of this rule, is based on
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
50545
If
you have questions on this temporary
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
Division, (757) 398–6204. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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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
immediate action is needed to minimize
potential danger to the public during the
event. The necessary information
regarding the change of date for this
annual recurring marine event was not
provided with sufficient time to publish
an NPRM. The potential dangers posed
by a high speed power boat race
conducted on the waterway with other
vessel traffic 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.
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations
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.
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 the public interest,
since immediate action is needed to
ensure the safety of the event
participants, support vessels, spectator
craft and other vessels transiting the
event area. However advance
notifications will be made to users of
Choptank River via marine information
broadcasts, local notice to mariners,
commercial radio stations and area
newspapers.
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Background and Purpose
Annually, the Chesapeake Bay
Powerboat Association sponsors the
‘‘Cambridge Offshore Challenge’’, on the
waters of the Choptank River at
Cambridge, Maryland. The event
consists of approximately 100 offshore
powerboats conducting high-speed
competitive races between the Route 50
Bridge and Oystershell Point, MD. A
fleet of spectator vessels is anticipated.
The regulation at 33 CFR 100.501 is
effective annually for the Cambridge
Offshore Challenge marine event. The
table to § 100.501, event No. 27
establishes the enforcement date for this
marine event. This regulation proposes
to temporarily change the enforcement
date from ‘‘September—4th or last
Saturday and Sunday’’ to the third
Saturday and Sunday in September,
holding the marine event on September
20 and 21, 2008. The Chesapeake Bay
Powerboat Association who is the
sponsor for this event intends to hold
this event annually; however, they have
changed the date of the event for 2008
so that it is outside the scope of the
existing enforcement period. Due to the
need for vessel control during the power
boat races, vessel traffic will be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels.
Discussion of Rule
The Coast Guard will temporarily
suspend the regulations at 33 CFR
100.501 by changing the date of
enforcement in the table to § 100.501 to
reflect the event will be conducted in
2008 on the third Saturday and Sunday
in September, September 20 and 21,
2008. This change is needed to
accommodate the sponsor’s schedule.
The special local regulations will be
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16:50 Aug 26, 2008
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enforced from 11:30 a.m. to 5:30 p.m. on
September 20 and 21, 2008, and will
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 effective
period. The regulated area is needed to
control vessel traffic during the event to
enhance the safety of participants and
transiting vessels.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
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 rule prevents traffic
from transiting a portion of the
Choptank River 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 marine information
broadcasts, local radio stations 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 will be able to transit the
regulated area when the Coast Guard
Patrol Commander deems it is safe to do
so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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
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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 or anchor in
a portion of the Choptank River during
the event.
This 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 6-hour period. Vessel
traffic will be able to transit the
regulated area 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
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations
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. We have made a
determination under the Instruction that
this action is not likely to have a
significant effect on the human
environment.
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
2. In § 100.501 revise line No. 27 in
Table to § 100.501 to read as follows:
I
§ 100.501–T05–0832 Special Local
Regulations; Marine Events in the Fifth
Coast Guard District.
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COAST GUARD SECTOR BALTIMORE—COTP ZONE
No.
Date
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27. ............
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VerDate Aug<31>2005
Event
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September 20 and 21,
2008.
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Cambridge Offshore
Challenge.
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16:50 Aug 26, 2008
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Sponsor
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Chesapeake Bay PowAll waters of the Choptank River, from shoreline
erboat Association.
to shoreline, bounded to the west by the Route
50 Bridge and bounded to the east by a line
drawn along longitude 076° W, between Goose
Point, MD and Oystershell Point, MD.
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50548
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Rules and Regulations
Dated: August 18, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. E8–19894 Filed 8–26–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–1069; FRL–8377–8]
Cyprodinil; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This regulation establishes
tolerances for residues of cyprodinil, 4cyclopropyl-6-methyl-N-phenyl-2pyrimidinamine, in or on tomato;
tomatillo; tomato, paste; avocado;
sapote, black; canistel; sapote, mamey;
mango; papaya; sapodilla; star apple;
parsley, leaves; parsley, dried leaves;
vegetable, leaves of root and tuber,
group 2; vegetable, root, except
sugarbeet, subgroup 1B; lemon; lime;
citrus, dried pulp; citrus, oil; kiwifruit;
onion, bulb; onion, green; strawberries;
vegetable, cucurbit, group 9; and meat
byproducts of cattle, goats, horses and
sheep. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
August 27, 2008. Objections and
requests for hearings must be received
on or before October 27, 2008, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–1069. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
VerDate Aug<31>2005
16:50 Aug 26, 2008
Jkt 214001
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Barbara Madden, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–6463; e-mail address:
madden.barbara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to those engaged in the
following activities:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of EPA’s tolerance
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regulations at 40 CFR part 180 through
the Government Printing Office’s pilot
e-CFR site at https://www.gpoaccess.gov/
ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, any
person may file an objection to any
aspect of this regulation and may also
request a hearing on those objections.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2007–1069 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
as required by 40 CFR part 178 on or
before October 27, 2008.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit this copy,
identified by docket ID number EPA–
HQ–OPP–2007–1069, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Petition for Tolerance
In the Federal Register of January 23,
2008 (73 FR 3964) (FRL–8345–7), EPA
issued a notice pursuant to section
408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 7E7235) by
Interregional, Research Project Number
4 (IR–4), 500 College Road East, Suite
201W, Princeton, NJ 08540. The petition
requested that 40 CFR 180.532 be
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]]>Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Rules and Regulations]
[Pages 50545-50548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19894]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0832]
RIN 1625-AA08
Special Local Regulations for Marine Events; Choptank River,
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period for special local regulations during the ``Cambridge Offshore
Challenge'', a marine event held annually on the waters of Choptank
River near Cambridge, Maryland. Special local regulations are necessary
to provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in portions of the
Choptank River during the event.
DATES: This rule is effective from 11:30 a.m. September 20, 2008 until
5:30 p.m. September 21, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0832 and are available online
at 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 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
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 immediate action is needed to
minimize potential danger to the public during the event. The necessary
information regarding the change of date for this annual recurring
marine event was not provided with sufficient time to publish an NPRM.
The potential dangers posed by a high speed power boat race conducted
on the waterway with other vessel traffic 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.
[[Page 50546]]
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.
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 the public interest, since immediate action is needed to
ensure the safety of the event participants, support vessels, spectator
craft and other vessels transiting the event area. However advance
notifications will be made to users of Choptank River via marine
information broadcasts, local notice to mariners, commercial radio
stations and area newspapers.
Background and Purpose
Annually, the Chesapeake Bay Powerboat Association sponsors the
``Cambridge Offshore Challenge'', on the waters of the Choptank River
at Cambridge, Maryland. The event consists of approximately 100
offshore powerboats conducting high-speed competitive races between the
Route 50 Bridge and Oystershell Point, MD. A fleet of spectator vessels
is anticipated. The regulation at 33 CFR 100.501 is effective annually
for the Cambridge Offshore Challenge marine event. The table to Sec.
100.501, event No. 27 establishes the enforcement date for this marine
event. This regulation proposes to temporarily change the enforcement
date from ``September--4th or last Saturday and Sunday'' to the third
Saturday and Sunday in September, holding the marine event on September
20 and 21, 2008. The Chesapeake Bay Powerboat Association who is the
sponsor for this event intends to hold this event annually; however,
they have changed the date of the event for 2008 so that it is outside
the scope of the existing enforcement period. Due to the need for
vessel control during the power boat races, vessel traffic will be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.
Discussion of Rule
The Coast Guard will temporarily suspend the regulations at 33 CFR
100.501 by changing the date of enforcement in the table to Sec.
100.501 to reflect the event will be conducted in 2008 on the third
Saturday and Sunday in September, September 20 and 21, 2008. This
change is needed to accommodate the sponsor's schedule. The special
local regulations will be enforced from 11:30 a.m. to 5:30 p.m. on
September 20 and 21, 2008, and will 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 effective period. The
regulated area is needed to control vessel traffic during the event to
enhance the safety of participants and transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
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 rule prevents traffic from transiting a portion of
the Choptank River 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 marine information broadcasts, local
radio stations 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 will be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 or anchor in a portion of the Choptank River during the event.
This 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 6-hour period. Vessel traffic will be
able to transit the regulated area 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
[[Page 50547]]
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. We have made a determination under the
Instruction that this action is not likely to have a significant effect
on the human environment.
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--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In Sec. 100.501 revise line No. 27 in Table to Sec. 100.501 to
read as follows:
Sec. 100.501-T05-0832 Special Local Regulations; Marine Events in the
Fifth Coast Guard District.
* * * * *
Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
27................. September 20 and 21, Cambridge Offshore Chesapeake Bay All waters of the
2008. Challenge. Powerboat Choptank River, from
Association. shoreline to shoreline,
bounded to the west by
the Route 50 Bridge and
bounded to the east by a
line drawn along
longitude 076[deg] W,
between Goose Point, MD
and Oystershell Point,
MD.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 50548]]
Dated: August 18, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-19894 Filed 8-26-08; 8:45 am]
BILLING CODE 4910-15-P
