Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules 50997 

You may submit comments 

electronically at either of the following: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• OSHA Web Site: http:// 

ecomments.osha.gov. Follow the 

instructions for submitting comments 

on OSHA’s Web page. 

Please note that you may not attach 

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articles to your electronic comments. If 

you wish to include such materials, you 

must submit three copies of the material 

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Note that security-related problems 

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by regular mail. Telephone the OSHA 

Docket Office at (202) 693–2350 for 

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procedures concerning delivery of 

materials by express delivery, hand 

delivery, and messenger service. 

All comments and submissions will 

be available for inspection and copying 

in the OSHA Docket Office at the 

address above. Most comments and 

submissions will be posted on OSHA’s 

Web page (http://www.osha.gov). 

Contact the OSHA Docket Office at (202) 

693–2350 for information about 

materials not available on the OSHA 

Web page and for assistance in using 

this Web page to locate docket 

submissions. Because comments sent to 

the docket or to OSHA’s Web page are 

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Agency cautions interested parties 

against including in these comments 

personal information, such as social 

security numbers and birth dates. 

FOR FURTHER INFORMATION CONTACT: 

Joanna Dizikes Friedrich, Directorate of 

Evaluation and Analysis, Occupational 

Safety and Health Administration, 

Room N–3641, 200 Constitution Avenue 

NW., Washington, DC 20210, Telephone 

(202) 693–1939, Fax (202) 693–1641. 

Authority: This document was prepared 

under the direction of Jonathan L. Snare, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health, 200 

Constitution Avenue, NW., Washington, DC 

20210. It is issued under Section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 610) and 

Section 5 of Executive Order 12866 (59 FR 

51724, October 4, 1993). 

Signed at Washington, DC, this 22nd day 

of August, 2005. 

Jonathan L. Snare, 

Deputy Assistant Secretary of Labor. 

[FR Doc. 05–17067 Filed 8–26–05; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–105] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Choptank River, Cambridge, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the ‘‘Chesapeakeman Ultra 

Triathlon’’, an event to be held October 

1, 2005 on the waters of Choptank River 

at Cambridge, MD. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Choptank 

River during the Chesapeakeman Ultra 

Triathlon swim. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

September 19, 2005. 

ADDRESSES: You may mail comments 

and related material to Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 119 at the same address between 

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

Friday, except Federal holidays, or fax 

them to (757) 398–6203. The Auxiliary 

and Recreational Boating Safety Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

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

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–05–105), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

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

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

In order to provide notice and an 

opportunity to comment before issuing 

an effective rule, we are providing a 

shorter than normal comment period. A 

20-day comment period is sufficient to 

allow those who might be affected by 

this rulemaking to submit their 

comments because the regulations have 

a narrow, local application, and there 

will be local notifications in addition to 

the Federal Register publication such as 

press releases, marine information 

broadcasts, and the Local Notice to 

Mariners. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed 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 

On October 1, 2005, the Columbia 

Triathlon Association will sponsor the 

‘‘Chesapeakeman Ultra Triathlon’’. The 

swimming segment of the event will 

consist of approximately 300 swimmers 

competing across a 2.4-mile course 

along the Choptank River between the 

Hyatt Regency Chesapeake Bay Resort 

Beach and Great Marsh Park, 

Cambridge, Maryland. The competition 

will begin at the Hyatt Regency Beach. 

The participants will swim across to the 

finish line located at Great Marsh Park, 

swimming approximately 100 yards off 

shore, parallel with the shoreline. 

Approximately 20 support vessels will 

accompany the swimmers. Due to the 

need for vessel control during the 

swimming event, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area to provide for the safety of 

50998 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules 

participants, support craft and other 

transiting vessels. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the Choptank River 

between the beachfront adjacent to the 

Hyatt Regency Chesapeake Bay Resort 

and Great Marsh Park at Cambridge, 

Maryland. The temporary special local 

regulations will be in effect from 6:30 

a.m. to 10:30 a.m. on October 1, 2005. 

The effect will be to restrict general 

navigation in the regulated area during 

the 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. 

Vessel traffic may be allowed to transit 

the regulated area at slow speed as the 

swim progresses, when the Coast Guard 

Patrol Commander determines it is safe 

to do so. 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 participants, 

spectators and transiting vessels. 

Regulatory Evaluation 

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. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this proposed regulation 

will prevent traffic from transiting a 

segment of the Choptank River adjacent 

to Cambridge, MD 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. 

Extensive advance notifications will be 

made to the maritime community via 

Local Notice to Mariners, marine 

information broadcasts, area 

newspapers and local radio stations, so 

mariners can adjust their plans 

accordingly. Vessel traffic will 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 proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to transit 

this section of the Choptank River 

during the event. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This proposed 

rule would be in effect for only a limited 

period, from 6:30 a.m. to 10:30 a.m. on 

October 1, 2005. Vessels desiring to 

transit the event area will be able to 

transit the regulated area at slow speed 

as the swim progresses, when the Coast 

Guard Patrol Commander determines it 

is safe to do so. Before the enforcement 

period, we 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 the address 

listed under ADDRESSES. 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 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 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules 50999 

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 

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 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. 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. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

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; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add a temporary § 100.35–T05–105 

to read as follows: 

§ 100.35–T05–105 Choptank River, 

Cambridge, MD. 

(a) Regulated area. The regulated area 

includes all waters of the Choptank 

River within 200 yards either side of a 

line drawn northwesterly from a point 

on the shoreline at latitude 38°33′45′′ N, 

076°02′38′′ W, thence to latitude 

38°35′06′′ N, 076°04′42′′ W, a position 

located at Great Marsh Park, Cambridge, 

MD. All coordinates reference Datum 

NAD 1983. 

(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 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all persons 

participating in the Chesapeakeman 

Ultra Triathlon swim under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector 

Baltimore. 

(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 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

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 swim course. 

(d) Effective period. This section will 

be effective from 6:30 a.m. to 10:30 a.m. 

on October 1, 2005. 

Dated: August 18, 2005. 

L.L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. 05–17087 Filed 8–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AT81 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart A 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed Rule: Notice of 

availability of supplemental information 

and reopening of the comment period. 

SUMMARY: On December 8, 2004, we, the 

Federal Subsistence Board, published a 

proposed rule to revise and clarify the 

jurisdiction of the Federal Subsistence 

Management Program in coastal areas in 

southwestern Alaska. This rulemaking 

is necessary in order to exclude 

numerous saltwater embayments within 

National Wildlife Refuge boundaries 

that were never intended to fall under 

the jurisdiction of the Federal 

Subsistence Management Program. We 

are now reopening the comment period 

for this rulemaking action because of 

newly available maps of the specific 

embayments in southwestern Alaska to 

be excluded from the jurisdiction of the 

Federal Subsistence Management 

Program. If you have already 

commented on the proposed rule and 

have no additional comments to make 

as a result of viewing the newly 

available maps, then you do not need to 

resubmit your comment(s), as they will