Special Local Regulations for Marine Events; St. Leonard Creek, Patuxent River, Calvert County, MD, 54947-54950 [E8-22429]

Download as PDF 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24SER1.SGM 24SER1 54948 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24SER1.SGM 24SER1 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 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 rwilkins on PROD1PC63 with RULES 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, VerDate Aug<31>2005 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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. E:\FR\FM\24SER1.SGM 24SER1 54950 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 http:// 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. E:\FR\FM\24SER1.SGM 24SER1

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