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. 

* * * * * 

■ 6. Amend § 538.526 by revising 

paragraph (a), the introductory text of 

paragraph (b), and paragraph (b)(2) to 

read as follows: 

§ 538.526 Brokering sales of agricultural 

commodities, medicine, and medical 

devices. 

(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: 

* * * * * 

(2) Are to purchasers permitted 

pursuant to § 538.523(a)(1); and 

* * * * * 

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 

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 http://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 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46365 

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. 

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 § 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 § 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 


jlentini on DSKJ8SOYB1PROD with RULES
46366 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: 

§ 100.501 Special Local Regulations; 

Marine Events in the Fifth Coast Guard 

District. 

* * * * * 

Table To § 100.501.—All coordinates 

listed in the Table to § 100.501 reference 

Datum NAD 1983. 

COAST GUARD SECTOR BALTIMORE—COTP ZONE

Number Date Event Sponsor Location 

* * * * * * * 

64. .......... September 19–20, 2009 Cambridge Offshore 

Challenge power boat 

race.

Chesapeake Bay Power 

Boat Association.

The waters of the Choptank River, near Cambridge, 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. 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 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 

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) 

AGENCY: Coast Guard, DHS. 

ACTION: Announcement of Office of 

Management and Budget (OMB) 

approval of collection of information. 

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. 

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 http:// 

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 

AGENCY: Coast Guard, DHS 

ACTION: Temporary final rule. 

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 

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 http://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 


jlentini on DSKJ8SOYB1PROD with RULES