Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 12769 

105 Id. 

106The Regulatory Flexibility Act defines a 

‘‘small entity’’ as ‘‘one which is independently 

owned and operated and which is not dominant in 

its field of operation.’’ See 5 U.S.C. 601(3) and 

601(6); 15 U.S.C. 632(a)(1). In Mid-Tex Elec. Coop. 

v. FERC, 773 F.2d 327, 340–43 (DC Cir. 1985), the 

court accepted the Commission’s conclusion that, 

since virtually all of the public utilities that it 

regulates do not fall within the meaning of the term 

small entities as defined in the Regulatory 

Flexibility Act, the Commission did not need to 

prepare a regulatory flexibility analysis in 

connection with its proposed rule governing the 

allocation of costs for construction work in progress 

(CWIP). The CWIP rules applied to all public 

utilities. The revised pro forma OATT will apply 

only to those public utilities that own, control or 

operate interstate transmission facilities. These 

entities are a subset of the group of public utilities 

found not to require preparation of a regulatory 

flexibility analysis for the CWIP rule. 

per year.105 The Commission does not 

consider this a substantial number.106

Based on this understanding, the 

Commission certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. Accordingly, no regulatory 

flexibility analysis is required. 

VII. Comment Procedures 

151. The Commission invites 

interested persons to submit comments 

on the matters and issues proposed in 

this notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due May 26, 2009. 

Comments must refer to Docket Nos. 

RM08–19–000, RM08–19–001, RM09– 

5–000 and RM06–16–005, and must 

include the commenter’s name, the 

organization they represent, if 

applicable, and their address in their 

comments. 

152. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

153. Commenters that are not able to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Secretary of the 

Commission, 888 First Street NE., 

Washington, DC 20426. 

154. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VIII. Document Availability 

155. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington DC 

20426. 

156. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

157. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours from FERC 

Online Support at 202–502–6652 (toll 

free at 1–866–208–3676) or e-mail at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

By direction of the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–6505 Filed 3–24–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0106] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events in the Fifth 

Coast Guard District. These regulations 

apply to only five recurring marine 

events that conduct on water activities 

such as power boat races, swimming 

competitions, and harbor celebrations. 

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 the Chester River, 

MD; Rappahannock River, VA; Elizabeth 

River, Southern Branch, VA; North 

Atlantic Ocean, Ocean City, MD; and 

Pasquotank River during each event. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 24, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0106 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call 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 or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0106), 


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indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0106’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0106 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays; 

or the Fifth Coast Guard District, 

Prevention Division, 431 Crawford 

Street, Portsmouth, VA 23704, between 

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

Friday, except Federal holidays. We 

have an agreement with the Department 

of Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

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, powerboat 

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 proposes to 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events within the Fifth 

Coast Guard District. This proposed 

regulation applies to five marine events 

in 33 CFR 100.501, Table to § 100.501. 

Annually, the District of Columbia 

Aquatics Club sponsors the ‘‘Maryland 

Swim for Life,’’ on the waters of the 

Chester River near Chestertown, MD. 

The regulation at 33 CFR 100.501 is 

effective annually for the Maryland 

Swim for Life marine event. The event 

is an open water swimming competition 

held on the waters of the Chester River, 

near Chestertown, Maryland. 

Approximately 150 swimmers will start 

from Rolph’s Wharf and swim up-river 

2.5 miles then swim downriver 

returning back to Rolph’s Wharf. A large 

fleet of support vessels accompany the 

swimmers. Therefore, to ensure the 

safety of participants and support 

vessels, 33 CFR 100.501 would be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.501, 

from 5:30 a.m. to 2:30 p.m. on July 11, 

2009, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. Vessel traffic may be 

allowed to transit the regulated area 

only when the Patrol Commander 

determines it is safe to do so. 

On June 6, 2009, the Rappahannock 

River Boaters Association (RRBA) will 

sponsor the ‘‘2009 RRBA Spring Radar 

Shootout,’’ on the waters of the 

Rappahannock River near Layton, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

river boat race marine event. The event 

consists of approximately 35 

powerboats participating in high-speed 

competitive races, traveling along a 3- 

mile straight line racecourse. 

Participating boats race individually 

within the designated course. A fleet of 

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. The regulation at 33 CFR 

100.501 would be enforced for the 

duration of the event. Under provisions 

of 33 CFR 100.501, from 12 p.m. to 5 

p.m. on June 6, 2009, or rain date June 

7, 2009, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Norfolk Festevents Ltd., Norfolk, VA 

sponsors the annual ‘‘Norfolk Harborfest 

Celebration,’’ on the waters of the 

Elizabeth River between Norfolk and 

Portsmouth, VA. The regulation at 33 

CFR 100.501 is effective annually for the 

Norfolk Harborfest marine event. This 

annual celebration of Norfolk Harbor 

consists of a variety of on the water 

activities that include an Opening 

Ceremony—Parade of Sail; jet ski, water 

ski, wake board demonstrations; Fire 

boat demonstrations; Lazy Lizzie 

Anything That Floats Parade and Race; 

Dinghy Parade; Search and Rescue 

demonstrations by USCG & USN; and 

Quick and Dirty Boat Race. Evening 

pyrotechnic displays ‘‘fireworks’’ will 

be fired from barge(s) on the Elizabeth 

River as part of the Harborfest 

celebration. A large fleet of spectator 

vessels is anticipated to view the 

Harborfest activities. Therefore, to 

ensure the safety of participants, 

spectators and transiting vessels, 33 CFR 

100.501 would be enforced for the 

duration of the event. Under provisions 

of 33 CFR 100.501, from 9 a.m. July 3, 

2009 to 11 p.m. on July 5, 2009, vessels 

may not enter the regulated area unless 

they receive permission from the Coast 

Guard Patrol Commander. Vessel traffic 

will be allowed to transit the regulated 

area between on the water events, when 

the Patrol Commander determines it is 

safe to do so. 

The Offshore Performance 

Association (OPA) Racing LLC annually 

sponsors the ‘‘Offshore Grand Prix,’’ on 

the waters of the North Atlantic Ocean 

near Ocean City, MD. The regulation at 

33 CFR 100.501 is effective annually for 

the Ocean City Offshore race marine 

event. The event is conducted on the 

waters of the North Atlantic Ocean 

along the shoreline near Ocean City, 

MD. The event consists of 

approximately 50 V-hull and twin-hull 


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inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course. A fleet of spectator vessels is 

anticipated to gather nearby to view the 

competition. Therefore, to ensure the 

safety of participants, spectators and 

transiting vessels, 33 CFR 100.501 

would be enforced for the duration of 

the event. Under provisions of 33 CFR 

100.501, from 10 a.m. May 30, 2009 to 

5 p.m. on May 31, 2009, vessels may not 

enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. 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. 

The Carolina Cup Regatta, Inc. 

annually sponsors a power boat race on 

the waters of the Pasquotank River near 

Elizabeth City, NC. The regulation at 33 

CFR 100.501 is effective annually for 

this power boat race marine event. The 

event consists of approximately 25 

inboard hydroplanes racing in counter 

clockwise heats around an oval race 

course. A fleet of spectator vessels is 

anticipated to gather nearby to view the 

competition. Therefore, to ensure the 

safety of participants, spectators and 

transiting vessels, 33 CFR 100.501 will 

be enforced for the duration of the 

event. Under provisions of 33 CFR 

100.501, from 9 a.m. May 16, 2009 to 5 

p.m. on May 17, 2009, vessels may not 

enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. 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 Proposed Rule 

The Coast Guard proposes to 

temporarily suspend the regulations at 

33 CFR 100.501 by changing the date of 

enforcement in the table to § 100.501. 

The Coast Guard proposes to 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events within the Fifth 

Coast Guard District. This regulation 

applies to five marine events listed in 

the Table to § 100.501 and are listed as 

follows. 

Chester River, Chestertown, MD 

The Table to § 100.501, event No. 21 

establishes the enforcement date for the 

Maryland Swim for Life. This regulation 

proposes to temporarily change the 

enforcement date from ‘‘June—3rd 

Saturday or July—3rd Saturday’’ to the 

second Saturday in July, holding the 

marine event on July 11, 2009. The 

District of Columbia Aquatics Club, 

which 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. Due to the need for vessel 

control while swimmers are in the water 

along the Chester River, vessel traffic 

would be temporarily restricted to 

provide for the safety of participants, 

spectators and transiting vessels. 

Rappahannock River, Layton, VA 

The Table to § 100.501, event No. 40 

establishes the enforcement date for the 

‘‘2009 RRBA Spring Radar Shootout’’. 

This regulation proposes to temporarily 

change the enforcement date from 

‘‘June—last Saturday’’ to the first 

Saturday in June, holding the marine 

event on June 6, 2009. The temporary 

special local regulations will be 

enforced from 12 p.m. to 5 p.m. on June 

6, 2009, and will restrict general 

navigation in the regulated area during 

the event. The Rappahannock River 

Boaters Association (RRBA), which 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. Except 

for participants and vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel will be allowed to 

enter or remain in the regulated area. 

These regulations are needed to control 

vessel traffic during the event to 

enhance the safety of participants, 

spectators and transiting vessels. 

Elizabeth River, Norfolk, VA 

The Table to § 100.501, event No. 37 

establishes the enforcement date for 

Norfolk Harborfest. This regulation 

proposes to temporarily change the 

enforcement date from ‘‘June—1st 

Friday, Saturday and Sunday’’ to the 

first Friday, Saturday and Sunday in 

July, holding the marine event on July 

3, through July 5, 2009. The Norfolk 

Festevents Ltd., which 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. Due to the need for 

vessel control during various on water 

activities along the Elizabeth River, 

vessel traffic would be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

North Atlantic Ocean, Ocean City, MD 

The Table to § 100.501, event No. 38 

establishes the enforcement date for the 

Ocean City Maryland Offshore Grand 

Prix. This regulation proposes to 

temporarily change the enforcement 

date from ‘‘June—1st Friday and 

Saturday’’ to the last Saturday and 

Sunday in May, holding the marine 

event on May 30 and 31, 2009. The 

Offshore Performance Association 

(OPA) Racing LLC, which 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. Due to the need for 

vessel control while high performance 

power boats race along the shoreline at 

Ocean City, MD, vessel traffic would be 

temporarily restricted to provide for the 

safety of participants, spectators and 

transiting vessels. 

Pasquotank River, Elizabeth City, NC 

The Table to § 100.501, event No. 54 

establishes the enforcement date for the 

Carolina Cup Regatta. This regulation 

proposes to temporarily change the 

enforcement date from ‘‘June—2nd 

Saturday and Sunday’’ to the third 

Saturday and Sunday in May, holding 

the marine event on May 16 and 17, 

2009. The Carolina Cup Regatta Inc., 

which 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. Due to the need for vessel 

control while high performance power 

boats race along the Pasquotank River 

near Elizabeth City, NC, vessel traffic 

would be temporarily restricted to 

provide for the safety of participants, 

spectators and transiting vessels. 

Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated areas 

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 proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 


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Regulatory Planning and Review 

This proposed 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 proposed rule prevents 

traffic from transiting a portion of 

certain waterways 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 proposed 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 proposed 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 the areas 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 permitted 

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. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Fifth Coast 

Guard District listed under FOR FURTHER

INFORMATION CONTACT at the beginning of 

this rule. The Coast Guard will not 

retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 


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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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 0023.1 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 

made a preliminary determination that 

this action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

section 2.B.2. Figure 2–1, paragraph 

34(h), of the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves 

implementation of regulations within 33 

CFR Part 100 that apply to organized 

marine events on the navigable waters 

of the United States that may have 

potential for negative impact on the 

safety or other interest 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 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. We seek any 

comments or information that may lead 

to discovery of a significant 

environmental impact from this 

proposed 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 proposes to 

amend 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, suspend 

line Nos. 21, 37, 38, 40 and 54 from May 

15, 2009 to July 15, 2009; and 

a. From 5:30 a.m. to 2:30 p.m., on July 

11, 2009, add line No. 58; 

b. From 12 p.m. to 5 p.m., on June 6, 

2009, add line No. 59; 

c. From 9 a.m., July 3, 2009 to 11 

p.m., July 5, 2009, add line No. 60; 

d. From 10 a.m., May 30, 2009 to 5 

p.m., May 31, 2009, add line No. 61; and 

e. From 9 a.m., May 16, 2009 to 5 

p.m., May 17, 2009, add line No. 62. 

The additions read as follows: 

§ 100.501–T05–0106 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. 

Number Date Event Sponsor Location 

Coast Guard Sector Baltimore—COTP Zone 

* * * * * * * 

58 ...... July 11, 2009 ........... Maryland Swim for 

Life.

District of Columbia 

Aquatics Club.

The waters of the Chester River from shoreline to shoreline, 

bounded on the south by a line drawn at latitude 39°10′16′′ N, 

near the Chester River Channel Buoy 35 (LLN–26795) and 

bounded on the north at latitude 39°12′30′′ N by the Maryland 

S.R. 213 Highway Bridge. 

Coast Guard Sector Hampton Roads—COTP Zone 

59 ...... June 6, 2009; rain 

date: June 7, 2009.

RRBA Spring Radar 

Shootout.

Rappahannock River 

Boaters Association (RRBA).

The waters of the Rappahannock River, adjacent to Layton, VA, 

from shoreline to shoreline, bounded on the west by a line 

running along longitude 076°58′30′′ W, and bounded on the 

east by a line running along longitude 076°56′00′′ W. 


PWALKER on PROD1PC71 with PROPOSALS
12774 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules 

Number Date Event Sponsor Location 

60 ...... July 3, 2009–July 5, 

2009.

Norfolk Harborfest .... Norfolk Festevents, 

Ltd.

The waters of the Elizabeth River and its branches from shore 

to shore, bounded to the northwest by a line drawn across 

the Port Norfolk Reach section of the Elizabeth River between 

the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.′′ N, longitude 076°18′09.0′′ 

W and the north corner of the City of Norfolk Mooring Pier at 

the foot of Brooks Avenue located at latitude 36°51′00.0′′ N, 

longitude 076°17′52.0′′ W; bounded on the southwest by a 

line drawn from the southern corner of the landing at Hospital 

Point, Portsmouth, Virginia, at latitude 36°50′50.0′′ N, longitude 076°18′10.0′′ W, to the northern end of the eastern 

most pier at the Tidewater Yacht Agency Marina, located at 

latitude 36°50′29.0′′ N, longitude 076°17′52.0′′ W; bounded to 

the south by a line drawn across the Lower Reach of the 

Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0′′ N, longitude 076°17′47.0′′ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located 

at latitude 36°50′08.0′′ N, longitude 076°17′39.0′′ W; and to 

the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude 

36°50′21.5′′ N, longitude 076°17′14.5′′ W, and Norfolk at latitude 36°50′35.0′′ N, longitude 076°17′10.0′′ W. 

61 ...... May 30, 2009–May 

31, 2009.

Ocean City Maryland 

Offshore Grand 

Prix.

Offshore Performance Association, 

OPA Racing, LLC.

The waters of the Atlantic Ocean commencing at a point on the 

shoreline at latitude 38°25′42′′ N, longitude 075°03′06′′ W; 

thence east southeast to latitude 38°25′30′′ N, longitude 

075°02′12′′ W, thence south southwest parallel to the Ocean 

City shoreline to latitude 38°19′12′′ N, longitude 075°03′48′′ 

W; thence west northwest to the shoreline at latitude 

38°19′30′′ N, longitude 075°05′00′′ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along 

the shoreline near Ocean City, MD at latitude 38°22′25.2′′ N, 

longitude 075°03′49.4′′ W, thence easterly to latitude 

38°22′00.4′′ N, longitude 075°02′34.8′′ W, thence southwesterly to latitude 38°19′35.9′′ N, longitude 075°03′35.4′′ W, 

thence westerly to a position near the shoreline at latitude 

38°20′05′′ N, longitude 075°04′48.4′′ W, thence northerly 

along the shoreline to the point of origin. 

Coast Guard Sector North Carolina—COTP Zone 

62 ...... May 16, 2009–May 

17, 2009.

Carolina Cup Regatta.The Carolina Cup 

Regatta Inc.

The waters of the Pasquotank River, adjacent to Elizabeth City, 

NC, from shoreline to shoreline, bounded on the west by the 

Elizabeth City Draw Bridge and bounded on the east by a line 

originating at a point along the shoreline at latitude 36°17′54′′ 

N, longitude 076°12′00′′ W, thence southwesterly to latitude 

36°17′35′′ N, longitude 076°12′18′′ W at Cottage Point. 

* * * * * 

Dated: March 16, 2009. 

Neil O. Buschman, 

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

Coast Guard District, Acting. 

[FR Doc. E9–6424 Filed 3–24–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186–200821(b); 

FRL–8781–4] 

Approval and Promulgation of Air 

Quality Implementation Plans: 

Kentucky; Approval of Section 

110(a)(1) Maintenance Plans for the 

1997 8-Hour Ozone Standard for the 

Huntington—Ashland Area, Lexington 

Area and Edmonson County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Kentucky State 

Implementation Plan (SIP) concerning 

the 8-hour ozone maintenance plans 

addressing the 1997 8-hour ozone 

standard for the following areas: the 

Kentucky portion of the HuntingtonAshland Area (a portion of Greenup 

County); Lexington Area (Fayette and 

Scott Counties); and Edmonson County. 

These maintenance plans were 

submitted for EPA action on May 27, 

2008, by the Commonwealth of 

Kentucky and ensure the continued 

attainment of the 1997 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) through the year 2020. These 

plans meet the statutory and regulatory 

requirements, and are consistent with 

EPA’s guidance. EPA is proposing to 


PWALKER on PROD1PC71 with PROPOSALS