57388 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 

(c)(4) If an issuer is an accelerated 

filer or a large accelerated filer (as 

defined in 17 CFR 240.12b–2), or 

otherwise includes in its annual report 

a registered public accounting firm’s 

attestation report on internal control 

over financial reporting, a statement that 

the registered public accounting firm 

that audited the financial statements 

included in the annual report 

containing the disclosure required by 

this Item has issued an attestation report 

on management’s assessment of the 

issuer’s internal control over financial 

reporting. 

(d) Attestation report of the registered 

public accounting firm. If an issuer is an 

accelerated filer or a large accelerated 

filer (as defined in § 240.12b–2 of this 

chapter), and where the Form is being 

used as an annual report filed under 

Section 13(a) or 15(d) of the Exchange 

Act, provide the registered public 

accounting firm’s attestation report on 

management’s assessment of the issuer’s 

internal control over financial reporting 

in the issuer’s annual report containing 

the disclosure required by this Item. 

* * * * * 

By the Commission. 

Dated: September 15, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–23492 Filed 9–20–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0383] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Patuxent River, Solomons, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Chesapeake Challenge’’ 

power boat races, a marine event to be 

held on the waters of the Patuxent 

River, near Solomons, MD on October 1, 

2010 and October 3, 2010. 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 Patuxent 

River during the event. 

DATES: This rule is effective from 10 

a.m. on October 1, 2010 until 6 p.m. on 

October 3, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–0383 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0383 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Mr. Ronald Houck, 

U.S. Coast Guard Sector, Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 10, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Patuxent River, 

Solomons, MD’’ in the Federal Register 

(75 FR 32866). Additionally, on July 19, 

2010, we published a supplemental 

notice of proposed rulemaking (SNPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Patuxent River, 

Solomons, MD’’ in the Federal Register 

(75 FR 41789). We received no 

comments on the proposed rules. 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. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment against the hazards 

associated with high-speed offshore 

power boat races on confined navigable 

waters. Such hazards include damages 

and injuries caused by collisions with 

other vessels and navigational 

obstructions and hazards caused by 

vessel sinkings. In addition, with no 

changes from the information provided 

in the SNPRM and no comments 

received, the public has been aware of 

the scheduled date since July 19, 2010. 

Therefore, a 30-day notice is contrary to 

the public interest. Delaying the 

effective date would be contrary to the 

regulated area’s intended objectives of 

protecting persons and vessels involved 

in the event, and enhancing public and 

maritime safety. 

Basis and Purpose 

On October 1, 2010 and October 3, 

2010, the Chesapeake Bay Power Boat 

Association will sponsor power boat 

races on the Patuxent River near 

Solomons, MD. The event consists of 

offshore power boats racing in a 

counter-clockwise direction on a 

racetrack-type course located between 

the Governor Thomas Johnson Memorial 

(SR–4) Bridge and the U.S. Naval Air 

Station Patuxent River, MD. The start 

and finish lines will be located near the 

Solomon’s Pier. A large spectator fleet is 

expected during the event. Due to the 

need for vessel control during the event, 

the Coast Guard will temporarily restrict 

vessel traffic in the event area to provide 

for the safety of participants, spectators 

and other transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the NPRM and 

SNPRM. No public meeting was 

requested and none was held. The 

regulation proposed in the SNPRM is 

the regulation being added. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although this regulation will prevent 

traffic from transiting a portion of the 

Patuxent River 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 the Local Notice to 

Mariners and marine information 

broadcasts, 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 


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Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 57389 

of safety deemed necessary. Vessel 

traffic will be able to transit safely 

through a portion regulated area, 

westward and southward of the 

spectator fleet 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 will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the affected portions of the Patuxent 

River during the event. 

Although this regulation prevents 

traffic from transiting a portion of the 

Patuxent River at Solomons, MD during 

the event, this rule will 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. 

Though the regulated area extends 

across the entire width of the river, 

vessel traffic will be able to transit 

safely around the spectator fleet and 

race course areas within the regulated 

area in a northerly or southerly 

direction westward of the spectator area, 

taking action to avoid a close-quarters 

situation with spectators, until finally 

past and clear of 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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 

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 (adjusted for inflation) 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 cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 


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57390 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR Part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

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, canoe and sail 

board racing. An environmental analysis 

checklist and a 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, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary section, 

§ 100.35T05–0383, to read as follows: 

§ 100.35T05–0383 Special Local 

Regulations for Marine Events; Patuxent 

River, Solomons, MD. 

(a) Regulated area. The following 

location is a regulated area: All waters 

of the Patuxent River, within lines 

connecting the following positions: from 

latitude 38°19′45′′ N., longitude 

076°28′06′′ W., thence to latitude 

38°19′24′′ N., longitude 076°28′30′′ W., 

thence to latitude 38°18′32′′ N., 

longitude 076°28′14′′ W.; and from 

latitude 38°17′38′′ N., longitude 

076°27′26′′ W., thence to latitude 

38°18′00′′ N., longitude 076°26′41′′ W., 

thence to latitude 38°18′59′′ N., 

longitude 076°27′20′′ W., located at 

Solomons, Maryland. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

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 means all vessels 

participating in the Chesapeake 

Challenge under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Baltimore. 

(4) Spectator means all persons and 

vessels not registered with the event 

sponsor as participants or official patrol. 

(c) Special local regulations: (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels in the regulated area. When 

hailed or signaled by an official patrol 

vessel, a vessel in the regulated area 

shall immediately comply with the 

directions given. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(2) The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any vessel participating 

in the event, at any time it is deemed 

necessary for the protection of life or 

property. 

(3) All vessel traffic not involved with 

the event will be allowed to transit the 

regulated area and shall proceed in a 

northerly or southerly direction 

westward of the spectator area, taking 

action to avoid a close-quarters situation 

with spectators, until finally past and 

clear of the regulated area. 

(4) All Coast Guard vessels enforcing 

this regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(5) Only participants and official 

patrol are allowed to enter the race 

course area. 

(6) Spectators are allowed inside the 

regulated area only if they remain 

within the designated spectator area. 

Spectators will be permitted to anchor 

within the designated spectator area. No 

vessel may anchor within the regulated 

area outside the designated spectator 

area. Spectators may contact the Coast 

Guard Patrol Commander to request 

permission to pass through the 

regulated area. If permission is granted, 

spectators must pass directly through 

the regulated area outside the race 

course and spectator areas at a safe 

speed and without loitering. 

(7) Designated Spectator Fleet Area. 

The spectator fleet area is located within 

a line connecting the following 

positions: latitude 38°19′14′′ N., 

longitude 076°28′16′′ W., thence to 

latitude 38°18′00′′ N., longitude 

076°27′26′′ W., thence to latitude 

38°18′02′′ N., longitude 076°27′20′′ W., 

thence to latitude 38°19′16′′ N., 

longitude 076°28′10′′ W., thence to the 

point of origin at latitude 38°19′14′′ N., 

longitude 076°28′16′′ W. All coordinates 

reference datum NAD 1983. 

(8) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement periods: This section 

will be enforced from 10 a.m. to 6 p.m. 

on October 1, 2010 and from 10 a.m. 

until 6 p.m. on October 3, 2010. 

Dated: August 30, 2010. 

Brian W. Roche, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Baltimore. 

[FR Doc. 2010–23477 Filed 9–20–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0289–201018(a); 

FRL–9203–9] 

Approval and Promulgation of 

Implementation Plans; Alabama: 

Volatile Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Alabama State Implementation Plan 

(SIP) submitted by the Alabama 

Department of Environmental 

Management (ADEM) on March 3, 2010. 

The revision modifies the definition of 

‘‘volatile organic compounds’’ (VOCs) 

found at Alabama Administrative Code 

(AAC) section 335–3–1–.02(gggg). 

Specifically, the revision adds two 

compounds (propylene carbonate and 

dimethyl carbonate) to the list of those 

excluded from the VOC definition on 

the basis that these compounds make a 

negligible contribution to tropospheric 

ozone formation. ADEM is updating its 

SIP to be consistent with the EPA rule 

finalized on January 21, 2009, which 

excludes these compounds from the 

regulatory VOC definition. This action 

is being taken pursuant to Section 110 

of the Clean Air Act (CAA). 

DATES: This rule is effective on 

November 22, 2010 without further 

notice, unless EPA receives relevant 

adverse comment by October 21, 2010. 

If EPA receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0289, by one of the 

following methods: 


hsrobinson on DSK69SOYB1PROD with RULES