Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32431 

(b) Definitions. The following 

definition applies to this section: 

Designated On-scene Patrol Personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who have 

been authorized to act on the behalf of 

the Captain of the Port, Long Island 

Sound. 

(c) Special local regulation. (1) No 

person or vessel may enter, transit, or 

remain within the regulated area during 

the effective period of regulation unless 

they are officially participating in the 

Maggie Fischer Memorial Great South 

Bay Cross Bay Swim event or are 

otherwise authorized by the Designated 

On-scene Patrol Personnel. 

(2) All persons and vessels must 

comply with the instructions from Coast 

Guard Captain of the Port or the 

Designated On-scene Patrol Personnel. 

The Designated On-scene Patrol 

Personnel may delay, modify, or cancel 

the swim event as conditions or 

circumstances require. 

(3) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(4) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on scene patrol personnel on VHF–16 or 

to the Captain of the Port, Long Island 

Sound via phone at (203) 468–4401. 

(d) Enforcement Period. This rule is 

enforced from 6:30 a.m. to 12:30 p.m. on 

July 24th, 2009 and annually thereafter 

on a date in July to be specified in the 

Local Notice to Mariners and through 

marine broadcasts. 

Dated: June 17, 2009. 

Daniel A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. E9–16072 Filed 7–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0252] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Event; Temporary Change of Dates for 

Recurring Marine Event in the Fifth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of special local regulations for a 

recurring marine event in the Fifth 

Coast Guard District. These regulations 

apply to only one recurring marine 

event that conducts ‘‘workboat races’’. 

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 portion of the York River, 

VA, during the event. 

DATES: This rule is effective from 9 a.m. 

to 5:30 p.m., on July 12, 2009, except 

that the suspension of line 41 in the 

table to § 100.501 is effective from July 

12, 2009 to July 31, 2009. 

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–2009–0252 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0252 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 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 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 the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 12, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulation for 

Marine Event; Temporary Change of 

Dates for Recurring Marine Event in the 

Fifth Coast Guard District in the Federal 

Register (74 FR 22142). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. The potential dangers posed 

by boat races operating in close 

proximity to transiting vessels make 

special local regulations necessary. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

patrol vessels, spectator craft and other 

vessels transiting the event area. 

However, the Coast Guard will provide 

advance notifications to users of the 

affected waterways via marine 

information broadcasts, local notice to 

mariners, commercial radio stations and 

area newspapers. 

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, power boat 

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 a 

recurring marine event within the Fifth 

Coast Guard District. This proposed 

regulation applies to one marine event 

in 33 CFR 100.501, Table to § 100.501. 

On July 12, 2009, the Watermen’s 

Museum of Yorktown, Virginia will 

sponsor the ‘‘Watermen’s Heritage 

Festival Workboat Races’’, on the waters 

of the York River near Yorktown, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

river boat race marine event. The event 

will consist of approximately 40 

traditional Chesapeake Bay deadrise 

workboats racing along a marked 

straight line race course in heats of 2 to 

4 boats for a distance of approximately 

1,000 yards. A fleet of spectator vessels 

is anticipated to gather nearby to view 

the competition. 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. The 

regulation at 33 CFR 100.501 would be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.501, 

from 9 a.m. to 5:30 p.m. on July 12, 

2009, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 


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32432 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

specified waters of the York River, near 

Yorktown, Virginia. 

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 rule prevents traffic 

from transiting a portion of the York 

River 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 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 York River 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. 

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 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 effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

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

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

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 


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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32433 

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 which do not 

individually or cumulatively have a 

significant effect on the human 

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 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 interests 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 sailboard racing. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In the Table to § 100.501: 

■ a. Suspend line No. 41 from July 12, 

2009 to July 31, 2009; and 

■ b. From 9 a.m. to 5:30 p.m., on July 

12, 2009, add line No. 63. 

The addition reads as follows: 

§ 100.501. 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. 

COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE

Number Date Event Sponsor Location 

* * * * * * * 

63 ......... July 12, 2009 Watermen’s Heritage 

Festival Workboat 

Races.

Watermen’s Museum of 

Yorktown, VA.

The waters of the York River, Yorktown, Virginia, 

bounded on the west by a line drawn along longitude 076°31′25′′ W, bounded on the east by a 

line drawn along longitude 076°30′55′′ W, 

bounded on the south by the shoreline and 

bounded on the north by a line drawn parallel 

and 400 yards north of the southern shoreline. 

Dated: June 24, 2009. 

Fred M. Rosa, Jr., 

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

Fifth Coast Guard District. 

[FR Doc. E9–16063 Filed 7–2–09; 4:15 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0739; FRL–8423–3] 

Sodium 1,4-Dialkyl Sulfosuccinates; 

Exemption from the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of sodium 1,4- 

dialkyl sulfosuccinates including 

sodium 1,4-dihexyl sulfosuccinate (CAS 

Reg. No. 3006–15–3); sodium 1,4– 

diisobutyl sulfosuccinate (CAS Reg. No. 

127–39–9); and sodium 1,4–dipentyl 

sulfosuccinate (CAS Reg. No. 922–80–5) 

when used as inert ingredients in 

pesticide formulations applied to 

growing crops. The Joint Inerts Task 

Force (JITF), Cluster Support Team 

Number 13 submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of sodium 

1,4–dialkyl sulfosuccinates. 

DATES: This regulation is effective July 

8, 2009. Objections and requests for 

hearings must be received on or before 

September 8, 2009, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0739. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 


sroberts on DSKD5P82C1PROD with RULES