Special Local Regulation for Marine Events; Choptank River, Cambridge, MD, 46364-46367 [E9-21562]
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46364
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
payment terms and trade financing not
authorized by the general license in
paragraph (a) of this section for sales
pursuant to § 538.523(a)(1). See
§ 501.801(b) of this chapter for specific
licensing procedures.
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DEPARTMENT OF HOMELAND
SECURITY
6. Amend § 538.526 by revising
paragraph (a), the introductory text of
paragraph (b), and paragraph (b)(2) to
read as follows:
RIN 1625–AA08
§ 538.526 Brokering sales of agricultural
commodities, medicine, and medical
devices.
AGENCY:
(a) General license for brokering sales
by U.S. persons. United States persons
are authorized to provide brokerage
services on behalf of U.S. persons for
the sale and exportation or
reexportation by United States persons
of agricultural commodities, medicine,
and medical devices to the Government
of Sudan, to any individual or entity in
an area of Sudan other than the
Specified Areas of Sudan, or to persons
in third countries purchasing
specifically for resale to the foregoing,
provided that the sale and exportation
or reexportation is authorized by a oneyear specific license issued pursuant to
§ 538.523(a)(1).
(b) Specific licensing for brokering
sales by non-U.S. persons of bulk
agricultural commodities. Specific
licenses may be issued on a case-by-case
basis to permit United States persons to
provide brokerage services on behalf of
non-United States, non-Sudanese
persons for the sale and exportation or
reexportation of bulk agricultural
commodities to the Government of
Sudan, to any individual or entity in an
area of Sudan other than the Specified
Areas of Sudan, or to persons in third
countries purchasing specifically for
resale to the foregoing. Specific licenses
issued pursuant to this section will
authorize the brokering only of sales
that:
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(2) Are to purchasers permitted
pursuant to § 538.523(a)(1); and
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SUMMARY: The Coast Guard is
temporarily suspending the existing
enforcement period of a special local
regulation for a recurring marine event
in the Fifth Coast Guard District and
adding a temporary enforcement period.
This regulation applies to only one
recurring marine event, the ‘‘Cambridge
Offshore Challenge’’ power boat race. A
special local regulation is necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in a portion of the Choptank
River, MD, during the event.
DATES: In the Table to 33 CFR 100.501,
the suspension of line No. 27 is effective
from September 9, 2009 to September
30, 2009; and the addition of line No.
64 is effective from 9 a.m. to 6 p.m., on
September 19, 2009, and from 9 a.m. to
6 p.m., on September 20, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0749 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0749 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Dennis Sens, Project
Manager, Fifth Coast Guard District,
Prevention Division, at 757–398–6204
or e-mail at Dennis.M.Sens@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
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■
Dated: September 1, 2009.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E9–21553 Filed 9–8–09; 8:45 am]
BILLING CODE 4811–45–P
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0749]
Special Local Regulation for Marine
Events; Choptank River, Cambridge,
MD
ACTION:
Coast Guard, DHS.
Temporary final rule.
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
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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 potential dangers posed by a
high speed power boat race conducted
on the waterway with other vessel
traffic makes a special local regulation
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 this regulation in effect
during the event. 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. The potential dangers posed
by boat races operating in close
proximity to transiting vessels make
special local regulation necessary.
Delaying the effective date would be
contrary to the public interest, since
immediate action is needed to ensure
the safety of the event participants,
patrol vessels, spectator craft and other
vessels transiting the event area.
However, the Coast Guard will provide
advance notifications to users of the
effected waterways via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
Background and Purpose
Marine events are frequently held on
the navigable waters within the
boundary of the Fifth Coast Guard
District. The on water activities that
typically comprise marine events
include sailing regattas, power boat
races, swim races and holiday parades.
For a description of the geographical
area of each Coast Guard Sector—
Captain of the Port Zone, please see 33
CFR 3.25.
This regulation temporarily suspends
the enforcement period of a special local
regulation for a recurring marine event
within the Fifth Coast Guard District
and temporarily adds a new
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
enforcement period. This regulation
applies to one marine event in 33 CFR
100.501, Table to § 100.501.
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 50 offshore
power boats 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
temporarily suspends the enforcement
date of ‘‘September 4th or last Saturday
and Sunday’’ and temporarily adds the
enforcement date of the third Saturday
and Sunday in September, holding the
marine event on September 19 and 20,
2009. 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 2009 so that it
is outside the scope of the existing
enforcement period. A fleet of spectator
vessels is anticipated to gather nearby to
view the competition. 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. Under provisions of 33 CFR
100.501, from 9 a.m. to 6 p.m. on
September 19–20, 2009, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
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.
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Discussion of Rule
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This rule prevents traffic from
transiting a portion of the Choptank
River during specified events. 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, this
rulemaking does not change the
permanent regulated areas that have
been published in 33 CFR 100.501,
Table to § 100.501. In some cases vessel
traffic may be able to transit the
regulated area when the Coast Guard
Patrol Commander deems it is safe to do
so.
The Coast Guard will temporarily
suspend the regulation at 33 CFR
100.501 by changing the date of
enforcement in the table to § 100.501 to
reflect that the event will be conducted
in 2009 on the third Saturday and
Sunday in September, September 19
and 20, 2009. This change is needed to
accommodate the sponsor’s schedule.
The special local regulation will be
enforced from 9 a.m. to 6 p.m. on
September 19 and 20, 2009, 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.
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 Choptank River where marine
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events are being held. This regulation
will not have a significant impact on a
substantial number of small entities
because it will be enforced only during
marine events that have been issued a
permit by the Coast Guard Captain of
the Port. The Captain of the Port will
ensure that small entities are able to
operate in the areas where events are
occurring when it is safe to do so. In
some cases, vessels will be able to safely
transit around the regulated area at
various times, and, with the permission
of the Patrol Commander, vessels may
transit through the regulated area.
Before the enforcement period, the
Coast Guard 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
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
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
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 023–01 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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of a regulation
within 33 CFR Part 100 that applies to
organized marine events on the
navigable waters of the United States
that may have potential for negative
impact on the safety or other interests of
waterway users and shore side activities
in the event area. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, and sail board racing.
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—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. In the Table to § 100.501:
a. Suspend line No. 27 from
September 9, 2009 to September 30,
2009; and
■ b. From 9 a.m. to 6 p.m., on
September 19, 2009, and from 9 a.m. to
6 p.m., on September 20, 2009, add line
No. 64.
The addition reads as follows:
■
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§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
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Table To § 100.501.—All coordinates
listed in the Table to § 100.501 reference
Datum NAD 1983.
COAST GUARD SECTOR BALTIMORE—COTP ZONE
Date
Event
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64. ..........
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Number
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September 19–20, 2009
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Cambridge Offshore
Challenge power boat
race.
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Sponsor
Location
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Chesapeake Bay Power The waters of the Choptank River, near CamBoat Association.
bridge, Maryland, from shoreline 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.
Fmt 4700
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09SER1
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
Dated: August 19, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E9–21562 Filed 9–8–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 138
[USCG–2005–21780]
RIN 1625–AA98
Financial Responsibility for Water
Pollution (Vessels) and OPA 90 Limits
of Liability (Vessels and Deepwater
Ports)
Coast Guard, DHS.
Announcement of Office of
Management and Budget (OMB)
approval of collection of information.
AGENCY:
jlentini on DSKJ8SOYB1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
announcing that the collection of
information requirement under 33 CFR
138.85, entitled ‘‘Financial
Responsibility for Water Pollution
(Vessels),’’ has been approved by OMB
under the Paperwork Reduction Act of
1995. The OMB control number is
1625–0046.
DATES: The collection of information
requirement under 33 CFR 138.85 will
be enforced from September 9, 2009.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document
contact Mr. Benjamin White, National
Pollution Funds Center, Coast Guard,
telephone 202–493–6863, e-mail
Benjamin.H.White@uscg.mil. If you
have questions on viewing the docket
(USCG–2005–21780), call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: On
September 17, 2008, the Coast Guard
published a final rule entitled
‘‘Financial Responsibility for Water
Pollution (Vessels) and OPA 90 Limits
of Liability (Vessels and Deepwater
Ports)’’ (73 FR 53691) (COFR final rule),
amending the Oil Pollution Act of 1990
(OPA 90) financial responsibility
requirements, including the information
collection requirements under 33 CFR
138.85. With the exception of this
collection of information, the COFR
final rule became effective on October
17, 2008.
This information collection under 33
CFR 138.85 requires operators of vessels
to establish evidence of financial
responsibility under OPA 90, 33 U.S.C.
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16:13 Sep 08, 2009
Jkt 217001
2716, acceptable to the Director,
National Pollution Funds Center, in an
amount equal to or greater than the total
applicable amounts determined under
33 CFR 138.80(f). As required by the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520), the COFR final rule
preamble stated that the Coast Guard
would not enforce the collection of
information requirements under 33 CFR
138.85 until the collection of
information request was approved by
OMB, and the Coast Guard published a
notice in the Federal Register
announcing that OMB approved and
assigned a control number for the
requirement.
The Coast Guard submitted the
information collection request under
§ 138.85 of the COFR final rule to OMB
for approval in accordance with the
Paperwork Reduction Act of 1995. On
July 15, 2009, OMB approved the
collection of information and assigned
the collection OMB Control Number
1625–0046 entitled ‘‘Financial
Responsibility for Water Pollution
(Vessels), (33 CFR 138.85).’’ The
approval for this collection of
information expires on July 31, 2012. A
copy of the OMB notice of action is
available in our online docket at https://
www.regulations.gov.
Dated: September 1, 2009.
Craig A. Bennett,
Director, National Pollution Funds Center,
U.S. Coast Guard.
[FR Doc. E9–21442 Filed 9–8–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0317]
RIN 1625–AA87
Security Zone; Calcasieu River,
Hackberry, LA
Coast Guard, DHS
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
on the waters of the Calcasieu River for
the mooring basin at Cameron LNG in
Hackberry, LA. The security zone is
needed to protect vessels, waterfront
facilities, the public, and other
surrounding areas from destruction,
loss, or injury caused by sabotage,
subversive acts, accidents, or other
actions of a similar nature. Entering this
security zone is prohibited without
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46367
permission from the Captain of the Port,
Port Arthur or a designated
representative.
DATES: This rule is effective from
September 9, 2009 until November 30,
2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0317 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0317 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and at Coast
Guard Marine Safety Unit Port Arthur,
2901 Turtle Creek Dr., Port Arthur,
Texas 77642, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Clint Smith, Coast
Guard Marine Safety Unit Lake Charles;
Telephone (337) 491–7819, e-mail
Clint.P.Smith@uscg.mil. 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 the
facility will begin operations before a
Notice and Comment period could be
completed, and delaying the beginning
of facility operations is impracticable
due to the substantial expense and effort
involved, and contrary to the public
interest in having this facility
operational.
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
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46364-46367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21562]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0749]
RIN 1625-AA08
Special Local Regulation for Marine Events; Choptank River,
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily suspending the existing
enforcement period of a special local regulation for a recurring marine
event in the Fifth Coast Guard District and adding a temporary
enforcement period. This regulation applies to only one recurring
marine event, the ``Cambridge Offshore Challenge'' power boat race. A
special local regulation is necessary to provide for the safety of life
on navigable waters during the event. This action is intended to
restrict vessel traffic in a portion of the Choptank River, MD, during
the event.
DATES: In the Table to 33 CFR 100.501, the suspension of line No. 27 is
effective from September 9, 2009 to September 30, 2009; and the
addition of line No. 64 is effective from 9 a.m. to 6 p.m., on
September 19, 2009, and from 9 a.m. to 6 p.m., on September 20, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0749 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-0749 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Dennis Sens, Project Manager, Fifth
Coast Guard District, Prevention Division, at 757-398-6204 or e-mail at
Dennis.M.Sens@uscg.mil. 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 potential
dangers posed by a high speed power boat race conducted on the waterway
with other vessel traffic makes a special local regulation 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 this regulation in effect during the
event. 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. The potential dangers posed by
boat races operating in close proximity to transiting vessels make
special local regulation necessary. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, patrol vessels, spectator
craft and other vessels transiting the event area. However, the Coast
Guard will provide advance notifications to users of the effected
waterways via marine information broadcasts, local notice to mariners,
commercial radio stations and area newspapers.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on water activities
that typically comprise marine events include sailing regattas, power
boat races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
This regulation temporarily suspends the enforcement period of a
special local regulation for a recurring marine event within the Fifth
Coast Guard District and temporarily adds a new
[[Page 46365]]
enforcement period. This regulation applies to one marine event in 33
CFR 100.501, Table to Sec. 100.501.
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 50 offshore
power boats 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 temporarily suspends the enforcement date of
``September 4th or last Saturday and Sunday'' and temporarily adds the
enforcement date of the third Saturday and Sunday in September, holding
the marine event on September 19 and 20, 2009. 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 2009 so that it is outside the scope of the existing enforcement
period. A fleet of spectator vessels is anticipated to gather nearby to
view the competition. 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. Under provisions of 33 CFR 100.501, from 9 a.m. to 6 p.m. on
September 19-20, 2009, vessels may not enter the regulated area unless
they receive permission from the Coast Guard Patrol Commander.
Discussion of Rule
The Coast Guard will temporarily suspend the regulation at 33 CFR
100.501 by changing the date of enforcement in the table to Sec.
100.501 to reflect that the event will be conducted in 2009 on the
third Saturday and Sunday in September, September 19 and 20, 2009. This
change is needed to accommodate the sponsor's schedule. The special
local regulation will be enforced from 9 a.m. to 6 p.m. on September 19
and 20, 2009, 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.
This rule prevents traffic from transiting a portion of the
Choptank River during specified events. 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, this rulemaking does not
change the permanent regulated areas that have been published in 33 CFR
100.501, Table to Sec. 100.501. In some cases vessel traffic may 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 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 Choptank River where marine events are
being held. This regulation will not have a significant impact on a
substantial number of small entities because it will be enforced only
during marine events that have been issued a permit by the Coast Guard
Captain of the Port. The Captain of the Port will ensure that small
entities are able to operate in the areas where events are occurring
when it is safe to do so. In some cases, vessels will be able to safely
transit around the regulated area at various times, and, with the
permission of the Patrol Commander, vessels may transit through the
regulated area. Before the enforcement period, the Coast Guard 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 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
[[Page 46366]]
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 023-01 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves implementation of a
regulation within 33 CFR Part 100 that applies to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interests of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing.
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 the Table to Sec. 100.501:
0
a. Suspend line No. 27 from September 9, 2009 to September 30, 2009;
and
0
b. From 9 a.m. to 6 p.m., on September 19, 2009, and from 9 a.m. to 6
p.m., on September 20, 2009, add line No. 64.
The addition reads as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table To Sec. 100.501.--All coordinates listed in the Table to
Sec. 100.501 reference Datum NAD 1983.
Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
64............................. September 19-20, Cambridge Chesapeake Bay The waters of the
2009. Offshore Power Boat Choptank River, near
Challenge power Association. Cambridge, Maryland,
boat race. from 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 46367]]
Dated: August 19, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-21562 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-15-P