26002 Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations 

request testimony of an SSA employee. 

At 20 CFR 403.120(c), we provide a post 

office box address for you to use to 

request testimony of an SSA employee. 

The address has changed; therefore, we 

are updating the regulations to reflect 

the new address. We are not making any 

substantive changes to the regulations. 

Regulatory Procedures 

Justification for Final Rule 

As required by section 702(a)(5) of the 

Social Security Act, 42 U.S.C. 902(a)(5), 

we follow the Administrative Procedure 

Act (APA) rulemaking procedures 

specified in 5 U.S.C. 553 in developing 

regulations. The APA provides that 

prior notice and public comment is not 

required when an agency finds good 

cause for dispensing with such 

procedures because they are 

impracticable, unnecessary, or contrary 

to the public interest. We have 

determined that, under 5 U.S.C. 

553(b)(B), good cause exists here 

because this final rule only updates the 

address to be used for requesting 

testimony of an SSA employee. It makes 

no substantive changes to the 

regulations. Therefore, we have 

determined that opportunity for prior 

comment is unnecessary, and we are 

issuing this revision as a final rule. 

In addition, we find good cause for 

dispensing with the 30-day delay in the 

effective date provided by 5 U.S.C. 

553(d)(3). As explained above, we are 

not making any substantive changes to 

the regulations. Without the correct 

address, there could be a delay in 

receiving these requests for testimony of 

an SSA employee. In order to ensure 

that we continue to receive these 

requests timely, we find that it is in the 

public interest to make this final rule 

effective on the date of publication. 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended. Thus, it was not 

subject to OMB review. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

because they affect only individuals. 

Thus, a regulatory flexibility analysis as 

provided in the Regulatory Flexibility 

Act, as amended, is not required. 

Paperwork Reduction Act 

These regulations describe the 

procedures for an individual to request 

testimony of an SSA employee. The 

application for testimony is a paperwork 

burden that requires clearance by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995. SSA has already cleared the 

burden contained in 20 CFR 413.120 

under OMB Number 0960–0619, and 

there is no change. Consequently, we 

are showing a 1-hour placeholder for the 

paperwork burden for this rule. 

An Information Collection Request 

has been submitted to OMB for 

clearance. We are soliciting comments 

on the burden estimate; the need for the 

information; its practical utility; ways to 

enhance its quality, utility and clarity; 

and on ways to minimize the burden on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments should be sent to OMB by 

fax or by e-mail to: Office of 

Management and Budget, Attn: Desk 

Office for SSA, Fax Number: 202–395–

6974, E-mail address: OIRA_

Submission@omb.eop.gov. 

Comments on the paperwork burdens 

associated with this rule can be received 

for up to 30 days after publication of 

this notice. When OMB has approved 

these information collection 

requirements, SSA will publish a notice 

in the Federal Register. To receive a 

copy of the OMB clearance package, 

please contact the Reports Clearance 

Officer at OPLM.RCO@ssa.gov. 

(Catalog of Federal Domestic Program Nos. 

96.001 Social Security-Disability Insurance; 

96.002 Social Security-Retirement Insurance; 

96.004 Social Security-Survivors Insurance; 

96.005 Special Benefits for Disabled Coal 

Miners; 96.006 Supplemental Security 

Income; and 96.020 Special Benefits for 

Certain World War II Veterans) 

List of Subjects in 20 CFR Part 403 

Courts, Government employees. 

Dated: April 30, 2008. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set out in the 

preamble, part 403 of chapter III of title 

20 of the Code of Federal Regulations is 

amended as follows: 

PART 403—TESTIMONY BY 

EMPLOYEES AND THE PRODUCTION 

OF RECORDS AND INFORMATION IN 

LEGAL PROCEEDINGS 

■ 1. The authority citation for part 403 

continues to read as follows: 

Authority: Secs. 702(a)(5) and 1106 of the 

Act, (42 U.S.C. 902(a)(5) and 1306); 5 U.S.C. 

301; 31 U.S.C. 9701. 

■ 2. In § 403.120, revise paragraph (c) to 

read as follows: 

§ 403.120 How do you request testimony? 

* * * * * 

(c) You must send your application 

for testimony to: Social Security 

Administration, Office of the General 

Counsel, Office of General Law, Suite 

No. 56, P.O. Box 26430, Baltimore, 

Maryland 21207, Attn: Touhy Officer. (If 

you are requesting testimony of an 

employee of the Office of the Inspector 

General, send your application to the 

address in § 403.125.) 

* * * * * 

[FR Doc. E8–10256 Filed 5–7–08; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–0278] 

RIN 1625–AA08 

Special Local Regulations; Delaware 

River, Big Timber Creek, Westville, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Westville Parade of Lights’’, 

a marine parade to be held on the waters 

of the Delaware River and Big Timber 

Creek, Westville, NJ. 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 a 

small portion of the Delaware River and 

Big Timber Creek during the event. 

DATES: This rule is effective from 7 p.m. 

to 11:30 p.m. on June 28, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0278 and are available online at http:// 

www.regulations.gov. 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 the Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, VA 23704 

between 10 a.m. and 2 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Dennis Sens, Project Manager, 

Fifth Coast Guard District, Prevention 


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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations 26003 

Division, (757) 398–6204. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366–

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. Publishing 

an NPRM would be impracticable and 

contrary to public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

event. The necessary information to 

determine whether the marine event 

poses a threat to persons and vessels 

was not provided with sufficient time to 

publish an NPRM. The potential 

dangers posed by a marine parade 

formation transiting the waterway with 

other vessel traffic at night makes 

special local regulations 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 these regulations 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. 

Background and Purpose 

On June 28, 2008, the Borough of 

Westville, New Jersey and the Westville 

Power Boat Association will sponsor the 

‘‘Westville Parade of Lights’’. 

Approximately 20 power and sailing 

vessels will participate in a marine 

parade that will begin formation in the 

vicinity of the Route 130 Bridge and 

transit Big Timber Creek and terminate 

where the waterway joins the Delaware 

River. The event will also include a 

fireworks display launched from land, 

with a fallout area extending over the 

navigable waters of Big Timber Creek, 

Westville, NJ. Spectator vessels are 

expected to gather near the event site to 

view the on water activity. 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 Rule 

The Coast Guard will establish 

temporary special local regulations on 

specified waters of the Delaware River 

and Big Timber Creek. The temporary 

special local regulations will be in effect 

from 7 p.m. to 11:30 p.m. on June 28, 

2008. The effect will be to 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 

enforcement period. The Patrol 

Commander will notify the public of 

specific enforcement times by marine 

radio safety broadcast. These regulations 

are needed to control vessel traffic 

during the event to enhance the safety 

of spectators and transiting vessels. 

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. 

Although this regulation restricts 

vessel traffic from transiting a small 

portion of the Delaware River and Big 

Timber Creek 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 Local Notice to Mariners 

and marine information broadcasts. 

Notice to the public may also be 

conveyed by local area newspapers, 

radio and TV stations so mariners can 

adjust their plans accordingly. 

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 will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit this segment 

of the Delaware River and Big Timber 

Creek during the event. 

This temporary rule will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

in effect for only a short period, from 7 

p.m. to 11:30 p.m. on June 28, 2008. 

Although this regulation prevents traffic 

from transiting a small segment of the 

Delaware River and Big Timber Creek 

during the event, this temporary rule 

would not have a significant economic 

impact on a substantial number of small 

entities for the following reasons. This 

rule would be in effect for only a limited 

period. Vessel traffic may be able to 

transit around the regulated area or 

when event activity is halted, when the 

Coast Guard Patrol Commander deems it 

is safe to do so. Before the enforcement 

period, we will issue maritime 

advisories so mariners can adjust their 

plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

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 

their discretionary regulatory actions. In 


pwalker on PROD1PC71 with RULES
26004 Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations 

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 affect 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 

Commandant Instruction M16475.lD 

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. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘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, and Waterways. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35–T05–

0278 to read as follows: 

§ 100.35–T05–0278 Delaware River, Big 

Timber Creek Westville, NJ. 

(a) Regulated area includes all waters 

of Big Timber Creek, shore line to shore 

line from the Route 130 Bridge 

northwest to the waterway entrance 

where Big Timber Creek joins the 

Delaware River. 

(b) 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 Westville Parade of 

Lights under the auspices of the Marine 

Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Delaware Bay. 

(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 

maintain a safe course that minimizes 

wake near the event area. 

(d) Enforcement period. This section 

will be enforced from 7 p.m. to 11:30 

p.m. on June 28, 2008. A notice of 

enforcement of this section will be 

disseminated through the Fifth Coast 

Guard District Local Notice to Mariners 

announcing the specific event date and 

times. Notice will also be made via 

broadcast notice to mariners on VHF–

FM marine band radio. 

Dated: April 16, 2008. 

Neil O. Buschman, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. E8–10227 Filed 5–7–08; 8:45 am] 

BILLING CODE 4910–15–P 


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