Special Local Regulations for Marine Events; St. Leonard Creek, Patuxent River, Calvert County, MD, 54947-54950 [E8-22429]
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations
Division, to approve these kinds of
partial CERCLA settlements.
Administrative Procedure Act
This rule is a rule of agency
organization and procedure, and relates
to the internal management of the
Department of Justice. It is therefore
exempt from the requirements of notice
and comments and a delayed effective
date. 5 U.S.C. 553(b), (d).
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies
that this regulation will not have a
significant economic impact on a
substantial number of small entities
because it pertains to personnel and
administrative matters affecting the
Department. Further, a Regulatory
Flexibility Analysis was not required to
be prepared for this final rule since the
Department was not required to publish
a general notice of proposed rulemaking
for this matter.
Executive Order 12866—Regulatory
Planning and Review
This action has been drafted and
reviewed in accordance with Executive
Order 12866, Regulatory Planning and
Review, § 1(b), Principles of Regulation.
This rule is limited to agency
organization, management and
personnel as described by Executive
Order 12866 § 3(d)(3) and, therefore, is
not a ‘‘regulation’’ or ‘‘rule’’ as defined
by this Executive Order. Accordingly,
this action has not been reviewed by the
Office of Management and Budget.
Executive Order 12988—Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988.
Executive Order 13132—Federalism
rwilkins on PROD1PC63 with RULES
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by state, local and tribal
governments, in the aggregate, or by the
VerDate Aug<31>2005
16:28 Sep 23, 2008
Jkt 214001
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This action pertains to agency
management, personnel and
organization and does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 28 CFR Part 0
Authority delegations (government
agencies), Government employees,
Organization and functions (government
agencies), Whistleblowing.
■ For the reasons set forth in the
preamble, Part 0 of Title 28, Code of
Federal Regulations is amended to read
as follows:
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for Part 0
continues to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
2. In 28 CFR part 0, remove the words
‘‘Land and Natural Resources Division’’
and add, in their place, the words
‘‘Environment and Natural Resources
Division’’ in the following places:
■ a. Section 0.45(a), (b) and (g);
■ b. Subpart L, consisting of §§ 0.65
through 0.69c.
■ c. Section 0.175(b); and
■ d. Subpart Y, consisting of § 0.160
through the Appendix to Subpart Y of
Part 0.
■ 3. Section 0.160 is amended by
revising paragraphs (a) introductory text
and (b), redesignating paragraph (c) as
paragraph (d), and adding new
paragraph (c) to read as follows:
54947
Assistant Attorney General, Tax
Division, is further authorized to accept
offers in compromise of, or settle
administratively, claims against the
United States, regardless of the amount
of the proposed settlement, in all cases
in which the Joint Committee on
Taxation has indicated that it has no
adverse criticism of the proposed
settlement.
(c) Subject to the limitations set forth
in paragraph (d) of this section, the
Assistant Attorney General,
Environment and Natural Resources
Division, is further authorized to
approve settlements under the
Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9601 et seq., regardless of
the amount of the proposed settlement,
with:
(1) Parties whose contribution to
contamination at a hazardous waste site
is de minimis within the meaning of 42
U.S.C. 9622(g); or
(2) Parties whose responsibility can be
equitably allocated and are:
(A) Paying at least the allocated
amount; or
(B) Unable to pay the allocated
amount as confirmed by a qualified
financial expert.
*
*
*
*
*
Dated: September 16, 2008.
Michael B. Mukasey,
Attorney General.
[FR Doc. E8–22354 Filed 9–23–08; 8:45 am]
BILLING CODE 4410–15–P
■
§ 0.160 Offers that may be accepted by
Assistant Attorneys General.
(a) Subject to the limitations set forth
in paragraph (d) of this section,
Assistant Attorneys General are
authorized, with respect to matters
assigned to their respective divisions,
to:
*
*
*
*
*
(b) Subject to the limitations set forth
in paragraph (d) of this section, the
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0761]
RIN 1625–AA08
Special Local Regulations for Marine
Events; St. Leonard Creek, Patuxent
River, Calvert County, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations
during the ‘‘War of 1812 North
American Grand Tactical’’, a marine
event to be held September 21, 2008 on
the waters of St. Leonard Creek and
Patuxent River, Calvert County, 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
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations
restrict vessel traffic in a portion of St.
Leonard Creek and the Patuxent River
during the event.
DATES: This rule is effective from 7 a.m.
to 3:30 p.m. on September 21, 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–2008–0761 and are
available online at 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, Prevention
Division, Room 416, 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:
rwilkins on PROD1PC63 with RULES
Regulatory Information
On August 7, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; St. Leonard Creek,
Patuxent River, Calvert County, MD in
the Federal Register (73 FR 45919). 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. The Coast Guard received
notice of the event on July 18, 2008. The
NPRM published on August 7, 2008,
and the comment period expired on
September 8, 2008. 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 the Patuxent River and St.
Leonard Creek via marine information
broadcast, local notice to mariners,
commercial radio stations and area
newspapers.
VerDate Aug<31>2005
16:28 Sep 23, 2008
Jkt 214001
Background and Purpose
On September 21, 2008, the Jefferson
Patterson Park and Museum will
sponsor ‘‘War of 1812 North American
Grand Tactical’’ on the waters of St.
Leonard Creek and the Patuxent River,
Calvert County, MD. The event will
consist of four tall ships and several
small boats that will re-enact sea battles
in Maryland during the War of 1812.
The regulated area originates along the
northern shore of St. Leonard Creek,
thence west to Petersons Point thence
northwest along the shoreline of the
Patuxent River adjacent to Jefferson
Patterson Park and Museum and
extends outward over the water within
an approximately 500 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 Patuxent River,
and St. Leonard Creek, Calvert County,
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 St.
Leonard Creek and Patuxent 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 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
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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 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 St. Leonard Creek
and Patuxent River during the event.
Although this regulation prevents
traffic from transiting a small segment of
St. Leonard Creek and the Patuxent
River during the event, this rule would
not have a significant economic impact
on a substantial number of small entities
for the following reasons. This rule
would be in effect for only a limited
period. Vessel traffic may be able to
transit 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.
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
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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
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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,
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16:28 Sep 23, 2008
Jkt 214001
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.
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54949
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:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
0761 to read as follows:
■
§ 100.35–T05–0761 St. Leonard Creek,
Patuxent River, Calvert County, 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 War of 1812 Grand
Tactical re-enactment under the
auspices of a Marine Event Permit
issued to the event sponsor and
approved by Commander, Coast Guard
Sector Baltimore.
(b) Regulated area includes the waters
of the Patuxent River and St. Leonard
Creek, Calvert County, MD, within the
general vicinity of Petersons Point. The
area is bounded on the east by a line
drawn along longitude 076°30′00″ West,
bounded on the south by a line drawn
along latitude 38°23′00″ North, bounded
on the west by a line drawn along
longitude 076°31′20″ West and bounded
on the north by the Patuxent River
shoreline. All coordinates reference
Datum NAD 1983.
(c) Special local regulations: (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area shall: (i) Stop the vessel
immediately when directed to do so by
any Official Patrol.
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations
(ii) Proceed as directed by any Official
Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the event area.
(d) Effective period. This section will
be enforced from 7 a.m. to 3:30 p.m. on
September 21, 2008.
Dated: September 15, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E8–22429 Filed 9–23–08; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Background and Purpose
[Docket No. USCG–2007–0075]
RIN 1625–AA00
Safety Zone: Port of Ponce, Puerto
Rico
Coast Guard, DHS.
Final rule.
AGENCY:
rwilkins on PROD1PC63 with RULES
SUMMARY: The Coast Guard has
established both moving and fixed
safety zones around all vessels carrying
Liquefied Natural Gas (LNG) cargo in
the waters of the Caribbean Sea and
Bahia de Ponce, Puerto Rico. This rule
is necessary to protect the public by
minimizing the chance of collisions of
vessels carrying this inherently
dangerous and highly volatile material.
This rule requires vessel traffic to
maintain a safe distance from LNG
vessels operating near or moored in
Ponce, Puerto Rico.
DATES: This rule is effective October 24,
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–2007–0075 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 Sector
San Juan, Prevention Operations
Department, Waterways & Facilities
Division, 5 La Puntilla, San Juan, PR
VerDate Aug<31>2005
16:28 Sep 23, 2008
Regulatory Information
On May 28, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Port of Ponce,
Puerto Rico in the Federal Register (73
FR 30555). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
BILLING CODE 4910–15–P
ACTION:
00901 between 7:30 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Ensign Rachael Love of Sector
San Juan, Prevention Operations
Department at (787)–289–2071. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 214001
This rule is necessary to provide for
the safety of life at sea by excluding
vessel traffic from the waters
immediately adjacent to LNG carriers.
LNG in any quantity poses a risk of fire
or explosion due to its highly volatile
nature. LNG carried by tank ships in
bulk quantities can be hazardous to a
port if sufficient precaution is not taken
to reduce this risk. The proposed rule
would require vessel traffic to maintain
a 100-yard separation from LNG vessels
transiting the harbor and 150-foot
separation from LNG vessels moored
pierside. The purpose of this rule is to
minimize the risk of vessel collision or
allision with an LNG carrier, thereby
reducing the risk of fire or explosion.
Discussion of Comments and Changes
No comments were received as a
result of publishing the NPRM; therefore
no changes have been made to the
regulatory text.
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.
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We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary due to the infrequent
arrival of LNG carriers and the small
amount of commercial vessel traffic in
Bahia de Ponce.
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 may affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit a portion of
Bahia de Ponce when an LNG vessel is
transiting the harbor or moored at the
Puerto de Ponce waterfront facility. This
safety zone will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: The Port of Ponce
receives only a few commercial vessel
arrivals per week, and recreational
boating traffic can easily transit around
the regulated area.
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.
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]]>Agencies
[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Rules and Regulations]
[Pages 54947-54950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22429]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0761]
RIN 1625-AA08
Special Local Regulations for Marine Events; St. Leonard Creek,
Patuxent River, Calvert County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``War of 1812 North American Grand Tactical'', a marine
event to be held September 21, 2008 on the waters of St. Leonard Creek
and Patuxent River, Calvert County, 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
[[Page 54948]]
restrict vessel traffic in a portion of St. Leonard Creek and the
Patuxent River during the event.
DATES: This rule is effective from 7 a.m. to 3:30 p.m. on September 21,
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-2008-0761 and are available online at
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, Prevention Division, Room 416, 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 August 7, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; St.
Leonard Creek, Patuxent River, Calvert County, MD in the Federal
Register (73 FR 45919). 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. The Coast Guard received notice of
the event on July 18, 2008. The NPRM published on August 7, 2008, and
the comment period expired on September 8, 2008. 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 the Patuxent
River and St. Leonard Creek via marine information broadcast, local
notice to mariners, commercial radio stations and area newspapers.
Background and Purpose
On September 21, 2008, the Jefferson Patterson Park and Museum will
sponsor ``War of 1812 North American Grand Tactical'' on the waters of
St. Leonard Creek and the Patuxent River, Calvert County, MD. The event
will consist of four tall ships and several small boats that will re-
enact sea battles in Maryland during the War of 1812. The regulated
area originates along the northern shore of St. Leonard Creek, thence
west to Petersons Point thence northwest along the shoreline of the
Patuxent River adjacent to Jefferson Patterson Park and Museum and
extends outward over the water within an approximately 500 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 Patuxent River, and St. Leonard
Creek, Calvert County, 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 St. Leonard Creek and Patuxent 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
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 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 St. Leonard Creek and
Patuxent River during the event.
Although this regulation prevents traffic from transiting a small
segment of St. Leonard Creek and the Patuxent River during the event,
this rule would not have a significant economic impact on a substantial
number of small entities for the following reasons. This rule would be
in effect for only a limited period. Vessel traffic may be able to
transit 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.
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
[[Page 54949]]
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. 100.35-T05-0761 to read as follows:
Sec. 100.35-T05-0761 St. Leonard Creek, Patuxent River, Calvert
County, 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 War of
1812 Grand Tactical re-enactment under the auspices of a Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector Baltimore.
(b) Regulated area includes the waters of the Patuxent River and
St. Leonard Creek, Calvert County, MD, within the general vicinity of
Petersons Point. The area is bounded on the east by a line drawn along
longitude 076[deg]30[min]00[sec] West, bounded on the south by a line
drawn along latitude 38[deg]23[min]00[sec] North, bounded on the west
by a line drawn along longitude 076[deg]31[min]20[sec] West and bounded
on the north by the Patuxent River shoreline. All coordinates reference
Datum NAD 1983.
(c) Special local regulations: (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall: (i)
Stop the vessel immediately when directed to do so by any Official
Patrol.
[[Page 54950]]
(ii) Proceed as directed by any Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the event area.
(d) Effective period. This section will be enforced from 7 a.m. to
3:30 p.m. on September 21, 2008.
Dated: September 15, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-22429 Filed 9-23-08; 8:45 am]
BILLING CODE 4910-15-P
