54906 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 

particular assigned to the individual; 

and 

* * * * * 

Dated: September 12, 2006. 

Michael F. Duffy, 

Chairman, Federal Mine Safety and Health 

Review Commission. 

[FR Doc. E6–15582 Filed 9–19–06; 8:45 am] 

BILLING CODE 6735–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–06–066] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Sunset Lake, Wildwood Crest, 

NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing permanent special local 

regulations during the ‘‘Sunset Lake 

Hydrofest’’, a marine event to be held 

annually on the last weekend in 

September or the first weekend in 

October on the waters of Sunset Lake, 

Wildwood Crest, New Jersey. For 2006 

this marine event will be held on 

September 30 and October 1, 2006. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to restrict vessel 

traffic in portions of Sunset Lake during 

the event. 

DATES: This rule is effective September 

20, 2006. In 2006 this rule will be 

enforced from 8:30 a.m. on September 

30, 2006 to 5:30 p.m. on October 1, 

2006. For subsequent years this rule will 

be enforced annually from 8:30 a.m. to 

5:30 p.m. on the last weekend in 

September or the first weekend in 

October. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket (CGD05–06–

066) and are available for inspection or 

copying at Commander (dpi), Fifth 

Coast Guard District, 431 Crawford 

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 13, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Sunset Lake, Wildwood 

Crest, NJ in the Federal Register (71 FR 

39609). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the safety of the event 

participants, support craft and other 

vessels transiting the event area. 

However, advance notifications will be 

made to affected waterway users via 

marine information broadcasts and area 

newspapers. 

Background and Purpose 

Annually, the Sunset Lake Hydrofest 

Association sponsors the ‘‘Sunset Lake 

Hydrofest’’, on the waters of Sunset 

Lake near Wildwood Crest, New Jersey. 

The event consists of approximately 100 

inboard hydroplanes, Jersey speed skiffs 

and flat-bottom ski boats racing in heats 

counter-clockwise around an oval 

racecourse. A fleet of approximately 100 

spectator vessels is anticipated to gather 

nearby to view the competition. Due to 

the need for vessel control during the 

event, vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the Notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

permanent special local regulations on 

the specified waters of Sunset Lake, 

Wildwood Crest, New Jersey. 

Regulatory Evaluation 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this permanent rule will 

prevent traffic from transiting a portion 

of Sunset Lake during the event, the 

effect of this regulation would not be 

significant due to the limited duration 

that the regulated area will be in effect. 

Extensive advance notifications will be 

made to the maritime community via 

Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly. Additionally, 

the regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic will be able to transit Sunset Lake 

by navigating around the regulated 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 would 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 

a portion of Sunset Lake during the 

event. 

This rule would not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule would be in 

effect for only a limited period. Vessel 

traffic could pass safely around 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), 

we offered to assist small entities in 

understanding this 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 


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Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 54907 

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). 

Collection of Information 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would 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 

Commandant Instruction M16475.1D, 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction, from further 

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine parade permit 

are specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ 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; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 100.536 to read as follows: 

§ 100.536 Sunset Lake, Wildwood Crest, 

NJ 

(a) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(3) Participant includes all vessels 

participating in the Sunset Lake 

Hydrofest under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Delaware Bay. 

(b) Regulated area includes all waters 

of Sunset Lake, New Jersey, from 

shoreline to shoreline, south of latitude 

38°58′32′′ N. All coordinates reference 

Datum: NAD 1983. 

(c) Special local regulations. (1) 

Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 


rwilkins on PROD1PC63 with RULES
54908 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Rules and Regulations 

maintain a safe course that minimizes 

wake near the race course. 

(d) Enforcement period. (1) This 

section will be enforced annually from 

8:30 a.m. to 5:30 p.m. on the last 

weekend in September or the first 

weekend in October. The Commander, 

Fifth Coast Guard District will publish 

a Notice of Enforcement in the Federal 

Register and in the Fifth Coast Guard 

District Local Notice to Mariners every 

year announcing the dates and times 

this section is in effect. 

(2) In 2006 this section will be 

enforced from 8:30 a.m. on September 

30, 2006 to 5:30 p.m. on October 1, 

2006. 

Dated: September 8, 2006. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 06–7943 Filed 9–19–06; 8:45 am] 

BILLING CODE 4910–15–U 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2004–0508; FRL–8221–2] 

RIN 2060–AJ71 

Control of Air Pollution From New 

Motor Vehicles; Second Amendment to 

the Tier 2/Gasoline Sulfur Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action amends the credit 

generation provisions of the Geographic 

Phase-in Area (GPA) gasoline sulfur 

program to yield the correct number of 

credits for refineries and importers that 

produce GPA gasoline and eliminate the 

generation of windfall credits by 

refineries or importers that have 

gasoline sulfur baselines below 150 ppm 

sulfur. 

In June 2002, we published a Direct 

Final Rule (DFR) and concurrent Notice 

of Proposed Rulemaking (NPRM) to 

amend certain provisions of the gasoline 

sulfur program concerning Geographic 

Phase-in Area (GPA) gasoline. 

Specifically, we replaced the variable 

standard for GPA gasoline with a flat 

standard of 150 parts per million (ppm) 

sulfur for the duration of the GPA 

program. To prevent the generation of 

windfall credits by refineries or 

importers that had gasoline sulfur 

baselines below 150 ppm sulfur, we also 

amended the program’s credit 

generation provisions. As stated in the 

preamble to the Direct Final Rule, we 

believed that the amendment would 

result in an equivalent number of 

credits generated during the amended 

GPA program as compared to the 

original program described under the 

Tier 2 final rule. Despite our intent for 

the revised calculations to yield the 

equivalent number of credits, the 

amended credit provisions were 

incorrect as pointed out by an adverse 

comment received on the DFR. Based on 

this adverse comment, we issued a 

partial withdrawal notice on August 26, 

2002, to withdraw the amendments to 

the credit provisions and reinstate the 

provisions that were previously in 

effect. However, we also stated that we 

would address the adverse comments in 

a subsequent final action, this action, 

based on the concurrent NPRM. 

DATES: This final rule is effective on 

January 1, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2004–0508. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–1742. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744. 

Note: The EPA Docket Center suffered 

damage due to flooding during the last week 

of June 2006. The Docket Center is 

continuing to operate. However, during the 

cleanup, there will be temporary changes to 

Docket Center telephone numbers, addresses, 

and hours of operation for people who wish 

to visit the Public Reading Room to view 

documents. Consult EPA’s Federal Register 

notice at 71 FR 38147 (July 5, 2006) or the 

EPA Web site at http://www.epa.gov/ 

epahome/dockets.htm for current 

information on docket status, locations and 

telephone numbers. 

FOR FURTHER INFORMATION CONTACT: 

Mary Manners, Compliance and 

Innovative Strategies Division, U.S. 

EPA, National Vehicle and Fuels 

Emission Laboratory, 2000 Traverwood, 

Ann Arbor, MI 48105; telephone (734) 

214–4873, fax (734) 214–4053, e-mail 

manners.mary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does This Action Apply to Me? 

This action will affect you if you 

produce gasoline. The table below gives 

an example of entities that may have to 

comply with the regulations. However, 

since this is only an example, you 

should carefully examine these and 

other existing regulations in Title 40 

Part 80 of the Code of Federal 

Regulations (CFR). If you have any 

questions, please call the person listed 

in the FOR FURTHER INFORMATION

CONTACT section above. 

Category NAICS codes a SIC codes b Examples of potentially 

regulated entities 

Industry ......................................................................... 324110 2911 Petroleum refiners. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) System. 

Outline of This Preamble 

I. Electronic Availability 

II. Background 

A. Refinery/Importer Annual Average GPA 

Standard and Credit Generation Under 

the Tier 2 Final Rule 

B. Refinery/Importer Annual Average GPA 

Standard and Credit Generation Under 

the June 2002 Direct Final Rule 

III. What Is EPA Finalizing Under This 

Action? 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 


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