Special Local Regulations for Marine Events; Patuxent River, Solomons, MD, 57388-57390 [2010-23477]

Download as PDF 57388 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations (c)(4) If an issuer is an accelerated filer or a large accelerated filer (as defined in 17 CFR 240.12b–2), or otherwise includes in its annual report a registered public accounting firm’s attestation report on internal control over financial reporting, a statement that the registered public accounting firm that audited the financial statements included in the annual report containing the disclosure required by this Item has issued an attestation report on management’s assessment of the issuer’s internal control over financial reporting. (d) Attestation report of the registered public accounting firm. If an issuer is an accelerated filer or a large accelerated filer (as defined in § 240.12b–2 of this chapter), and where the Form is being used as an annual report filed under Section 13(a) or 15(d) of the Exchange Act, provide the registered public accounting firm’s attestation report on management’s assessment of the issuer’s internal control over financial reporting in the issuer’s annual report containing the disclosure required by this Item. * * * * * By the Commission. Dated: September 15, 2010. Elizabeth M. Murphy, Secretary. [FR Doc. 2010–23492 Filed 9–20–10; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–0383] RIN 1625–AA08 Special Local Regulations for Marine Events; Patuxent River, Solomons, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing special local regulations during the ‘‘Chesapeake Challenge’’ power boat races, a marine event to be held on the waters of the Patuxent River, near Solomons, MD on October 1, 2010 and October 3, 2010. 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 restrict vessel traffic in a portion of the Patuxent River during the event. hsrobinson on DSK69SOYB1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:05 Sep 20, 2010 Jkt 220001 This rule is effective from 10 a.m. on October 1, 2010 until 6 p.m. on October 3, 2010. 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–2010–0383 and are available online by going to https:// www.regulations.gov, inserting USCG– 2010–0383 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is 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 Mr. Ronald Houck, U.S. Coast Guard Sector, Baltimore, MD; telephone 410–576–2674, e-mail Ronald.L.Houck@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: DATES: Regulatory Information On June 10, 2010, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Special Local Regulations for Marine Events; Patuxent River, Solomons, MD’’ in the Federal Register (75 FR 32866). Additionally, on July 19, 2010, we published a supplemental notice of proposed rulemaking (SNPRM) entitled ‘‘Special Local Regulations for Marine Events; Patuxent River, Solomons, MD’’ in the Federal Register (75 FR 41789). We received no comments on the proposed rules. 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. Due to the need for immediate action, the restriction of vessel traffic is necessary to protect life, property and the environment against the hazards associated with high-speed offshore power boat races on confined navigable waters. Such hazards include damages and injuries caused by collisions with other vessels and navigational obstructions and hazards caused by vessel sinkings. In addition, with no changes from the information provided in the SNPRM and no comments received, the public has been aware of the scheduled date since July 19, 2010. Therefore, a 30-day notice is contrary to PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 the public interest. Delaying the effective date would be contrary to the regulated area’s intended objectives of protecting persons and vessels involved in the event, and enhancing public and maritime safety. Basis and Purpose On October 1, 2010 and October 3, 2010, the Chesapeake Bay Power Boat Association will sponsor power boat races on the Patuxent River near Solomons, MD. The event consists of offshore power boats racing in a counter-clockwise direction on a racetrack-type course located between the Governor Thomas Johnson Memorial (SR–4) Bridge and the U.S. Naval Air Station Patuxent River, MD. The start and finish lines will be located near the Solomon’s Pier. A large spectator fleet is expected during the event. 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 received no comments in response to the NPRM and SNPRM. No public meeting was requested and none was held. The regulation proposed in the SNPRM is the regulation being added. 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 the 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 and marine information broadcasts, 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 E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations of safety deemed necessary. Vessel traffic will be able to transit safely through a portion regulated area, westward and southward of the spectator fleet area. hsrobinson on DSK69SOYB1PROD with RULES 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 affected portions of the Patuxent River during the event. Although this regulation prevents traffic from transiting a portion of the Patuxent River at Solomons, MD during the event, this rule will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule would be in effect for only a limited period. Though the regulated area extends across the entire width of the river, vessel traffic will be able to transit safely around the spectator fleet and race course areas within the regulated area in a northerly or southerly direction westward of the spectator area, taking action to avoid a close-quarters situation with spectators, until finally past and clear of the regulated area. 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 VerDate Mar<15>2010 16:05 Sep 20, 2010 Jkt 220001 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 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 (adjusted for inflation) 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 cause 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 57389 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 that do not individually or cumulatively have a significant effect on the human E:\FR\FM\21SER1.SGM 21SER1 57390 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction. This rule involves implementation of regulations within 33 CFR Part 100 applicable to organized marine events on the navigable waters of the United States that could negatively impact the safety 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, canoe and sail board racing. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. ■ 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. Add a temporary section, § 100.35T05–0383, to read as follows: ■ hsrobinson on DSK69SOYB1PROD with RULES § 100.35T05–0383 Special Local Regulations for Marine Events; Patuxent River, Solomons, MD. (a) Regulated area. The following location is a regulated area: All waters of the Patuxent River, within lines connecting the following positions: from latitude 38°19′45″ N., longitude 076°28′06″ W., thence to latitude 38°19′24″ N., longitude 076°28′30″ W., thence to latitude 38°18′32″ N., longitude 076°28′14″ W.; and from latitude 38°17′38″ N., longitude 076°27′26″ W., thence to latitude 38°18′00″ N., longitude 076°26′41″ W., thence to latitude 38°18′59″ N., longitude 076°27′20″ W., located at Solomons, Maryland. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (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. VerDate Mar<15>2010 16:05 Sep 20, 2010 Jkt 220001 (3) Participant means all vessels participating in the Chesapeake Challenge under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Baltimore. (4) Spectator means all persons and vessels not registered with the event sponsor as participants or official patrol. (c) Special local regulations: (1) The Coast Guard Patrol Commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel in the regulated area shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (2) The Coast Guard Patrol Commander may terminate the event, or the operation of any vessel participating in the event, at any time it is deemed necessary for the protection of life or property. (3) All vessel traffic not involved with the event will be allowed to transit the regulated area and shall proceed in a northerly or southerly direction westward of the spectator area, taking action to avoid a close-quarters situation with spectators, until finally past and clear of the regulated area. (4) All Coast Guard vessels enforcing this regulated area can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz). (5) Only participants and official patrol are allowed to enter the race course area. (6) Spectators are allowed inside the regulated area only if they remain within the designated spectator area. Spectators will be permitted to anchor within the designated spectator area. No vessel may anchor within the regulated area outside the designated spectator area. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators must pass directly through the regulated area outside the race course and spectator areas at a safe speed and without loitering. (7) Designated Spectator Fleet Area. The spectator fleet area is located within a line connecting the following positions: latitude 38°19′14″ N., longitude 076°28′16″ W., thence to latitude 38°18′00″ N., longitude 076°27′26″ W., thence to latitude 38°18′02″ N., longitude 076°27′20″ W., thence to latitude 38°19′16″ N., longitude 076°28′10″ W., thence to the point of origin at latitude 38°19′14″ N., longitude 076°28′16″ W. All coordinates reference datum NAD 1983. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (8) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue marine information broadcast on VHF– FM marine band radio announcing specific event date and times. (d) Enforcement periods: This section will be enforced from 10 a.m. to 6 p.m. on October 1, 2010 and from 10 a.m. until 6 p.m. on October 3, 2010. Dated: August 30, 2010. Brian W. Roche, Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore. [FR Doc. 2010–23477 Filed 9–20–10; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2010–0289–201018(a); FRL–9203–9] Approval and Promulgation of Implementation Plans; Alabama: Volatile Organic Compounds Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) on March 3, 2010. The revision modifies the definition of ‘‘volatile organic compounds’’ (VOCs) found at Alabama Administrative Code (AAC) section 335–3–1–.02(gggg). Specifically, the revision adds two compounds (propylene carbonate and dimethyl carbonate) to the list of those excluded from the VOC definition on the basis that these compounds make a negligible contribution to tropospheric ozone formation. ADEM is updating its SIP to be consistent with the EPA rule finalized on January 21, 2009, which excludes these compounds from the regulatory VOC definition. This action is being taken pursuant to Section 110 of the Clean Air Act (CAA). DATES: This rule is effective on November 22, 2010 without further notice, unless EPA receives relevant adverse comment by October 21, 2010. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2010–0289, by one of the following methods: SUMMARY: E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Rules and Regulations]
[Pages 57388-57390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23477]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0383]
RIN 1625-AA08


Special Local Regulations for Marine Events; Patuxent River, 
Solomons, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Chesapeake Challenge'' power boat races, a marine event to 
be held on the waters of the Patuxent River, near Solomons, MD on 
October 1, 2010 and October 3, 2010. 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 restrict 
vessel traffic in a portion of the Patuxent River during the event.

DATES: This rule is effective from 10 a.m. on October 1, 2010 until 6 
p.m. on October 3, 2010.

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-2010-0383 and are available online by going to 
https://www.regulations.gov, inserting USCG-2010-0383 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 Mr. Ronald Houck, U.S. Coast Guard 
Sector, Baltimore, MD; telephone 410-576-2674, e-mail 
Ronald.L.Houck@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

    On June 10, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Patuxent 
River, Solomons, MD'' in the Federal Register (75 FR 32866). 
Additionally, on July 19, 2010, we published a supplemental notice of 
proposed rulemaking (SNPRM) entitled ``Special Local Regulations for 
Marine Events; Patuxent River, Solomons, MD'' in the Federal Register 
(75 FR 41789). We received no comments on the proposed rules. 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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment against the hazards associated with high-
speed offshore power boat races on confined navigable waters. Such 
hazards include damages and injuries caused by collisions with other 
vessels and navigational obstructions and hazards caused by vessel 
sinkings. In addition, with no changes from the information provided in 
the SNPRM and no comments received, the public has been aware of the 
scheduled date since July 19, 2010. Therefore, a 30-day notice is 
contrary to the public interest. Delaying the effective date would be 
contrary to the regulated area's intended objectives of protecting 
persons and vessels involved in the event, and enhancing public and 
maritime safety.

Basis and Purpose

    On October 1, 2010 and October 3, 2010, the Chesapeake Bay Power 
Boat Association will sponsor power boat races on the Patuxent River 
near Solomons, MD. The event consists of offshore power boats racing in 
a counter-clockwise direction on a racetrack-type course located 
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S. 
Naval Air Station Patuxent River, MD. The start and finish lines will 
be located near the Solomon's Pier. A large spectator fleet is expected 
during the event. 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 received no comments in response to the NPRM and 
SNPRM. No public meeting was requested and none was held. The 
regulation proposed in the SNPRM is the regulation being added.

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 the 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 and marine information broadcasts, 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

[[Page 57389]]

of safety deemed necessary. Vessel traffic will be able to transit 
safely through a portion regulated area, westward and southward of the 
spectator fleet area.

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 affected portions of the Patuxent River during 
the event.
    Although this regulation prevents traffic from transiting a portion 
of the Patuxent River at Solomons, MD during the event, this rule will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. This rule would be in effect for 
only a limited period. Though the regulated area extends across the 
entire width of the river, vessel traffic will be able to transit 
safely around the spectator fleet and race course areas within the 
regulated area in a northerly or southerly direction westward of the 
spectator area, taking action to avoid a close-quarters situation with 
spectators, until finally past and clear of the regulated area. 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 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 (adjusted for 
inflation) 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 cause 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 that do not individually or 
cumulatively have a significant effect on the human

[[Page 57390]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction. This rule involves 
implementation of regulations within 33 CFR Part 100 applicable to 
organized marine events on the navigable waters of the United States 
that could negatively impact the safety 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, canoe and sail board racing. 
An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--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. Add a temporary section, Sec.  100.35T05-0383, to read as follows:

Sec.  100.35T05-0383  Special Local Regulations for Marine Events; 
Patuxent River, Solomons, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Patuxent River, within lines connecting the following 
positions: from latitude 38[deg]19'45'' N., longitude 076[deg]28'06'' 
W., thence to latitude 38[deg]19'24'' N., longitude 076[deg]28'30'' W., 
thence to latitude 38[deg]18'32'' N., longitude 076[deg]28'14'' W.; and 
from latitude 38[deg]17'38'' N., longitude 076[deg]27'26'' W., thence 
to latitude 38[deg]18'00'' N., longitude 076[deg]26'41'' W., thence to 
latitude 38[deg]18'59'' N., longitude 076[deg]27'20'' W., located at 
Solomons, Maryland. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Commander, Coast Guard Sector Baltimore.
    (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 means all vessels participating in the Chesapeake 
Challenge under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel in 
the regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any vessel participating in the event, at any time it 
is deemed necessary for the protection of life or property.
    (3) All vessel traffic not involved with the event will be allowed 
to transit the regulated area and shall proceed in a northerly or 
southerly direction westward of the spectator area, taking action to 
avoid a close-quarters situation with spectators, until finally past 
and clear of the regulated area.
    (4) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) Only participants and official patrol are allowed to enter the 
race course area.
    (6) Spectators are allowed inside the regulated area only if they 
remain within the designated spectator area. Spectators will be 
permitted to anchor within the designated spectator area. No vessel may 
anchor within the regulated area outside the designated spectator area. 
Spectators may contact the Coast Guard Patrol Commander to request 
permission to pass through the regulated area. If permission is 
granted, spectators must pass directly through the regulated area 
outside the race course and spectator areas at a safe speed and without 
loitering.
    (7) Designated Spectator Fleet Area. The spectator fleet area is 
located within a line connecting the following positions: latitude 
38[deg]19'14'' N., longitude 076[deg]28'16'' W., thence to latitude 
38[deg]18'00'' N., longitude 076[deg]27'26'' W., thence to latitude 
38[deg]18'02'' N., longitude 076[deg]27'20'' W., thence to latitude 
38[deg]19'16'' N., longitude 076[deg]28'10'' W., thence to the point of 
origin at latitude 38[deg]19'14'' N., longitude 076[deg]28'16'' W. All 
coordinates reference datum NAD 1983.
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement periods: This section will be enforced from 10 a.m. 
to 6 p.m. on October 1, 2010 and from 10 a.m. until 6 p.m. on October 
3, 2010.

    Dated: August 30, 2010.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2010-23477 Filed 9-20-10; 8:45 am]
BILLING CODE 9110-04-P

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