[Federal Register: August 29, 2007 (Volume 72, Number 167)]
[Proposed Rules]
[Page 49689-49692]
[DOCID:fr29au07-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0182; FRL-8143-3]

Dibasic Esters (CAS Reg. No. 95481-62-2); Proposed Pesticide
Tolerance Exemption

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

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SUMMARY: This document proposes to establish an exemption from the
requirement of a tolerance for residues of dibasic esters (DBE; CAS
Reg. No. 95481-62-2) under 40 CFR 180.1277 when used as an inert
ingredient solvent material/anti-freeze microencapsulated at 10%
weight/weight (W/W) or less in pesticide formulations with the active
ingredient cyfluthrin. Whitmire Micro-Gen Research Laboratories, Inc.
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), as amended by the Food Quality Protection Act of 1996
(FQPA), requesting an exemption from the requirement of a tolerance.
New data were received by EPA after the publication of the petitoner's
Notice of Filing, therefore, EPA is providing the public with an
additional opportunity to comment on the petitioner's request in this
proposed rule.

DATES:  Comments must be received on or before October 29, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0182, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0182. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
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 either 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 Building), 2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tracy Ward, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave, NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the

public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2.  Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background and Statutory Findings

    In the Federal Register of December 23, 1998 (63 FR 71126) (FRL-
6047-7), EPA issued a notice under section 408(d)(3) of the FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
5E4442) by Whitmire Micro-Gen Research Laboratories, Inc., 3568 Tree
Court Industrial Blvd., St. Louis, MO 63122-6682. The petition
requested that 40 CFR 180.910 and 180.930 be amended by establishing a
tolerance for residues of the inert ingredient DBE. This notice
included a summary of the petition prepared by Whitmire Micro-Gen
Research Laboratories, Inc., the petitioner. There were no comments
received in response to the notice of filing.
    The typical process used by EPA in considering new tolerance
exemptions for inert ingredients is to publish the petition for public
comment in a Notice of Filing, evaluate the available data and
information on the chemical, and publish a final rule in the Federal
Register if the Agency concludes that a tolerance exemption can be
established. In the case of DBE, a significant number of new studies on
DBE were received by EPA after the publication of the Notice of Filing
[see the Federal Register of August 5, 1999 (64 FR 42692)] in which the
Agency issued a testing consent order incorporating an enforceable
consent agreement (ECA) under section 4 of the Toxic Substance Control
Act (TSCA). EPA reviewed the new data [see the Federal Register of
August 17, 2005 (70 FR 48418)] and considered the study results in
evaluating this petition. The Agency and the U.S. Consumer Product
Safety Commission (CPSC) agreed that all testing requirements were
completed, and that a third testing phase (in vivo dermal penetration
rate testing) was unnecessary. Considering this new data were not part
of the December 23, 1998 Notice of Filing, EPA is providing the public
with an additional opportunity to comment on the petitioner's request
to establish a tolerance exemption for DBE by proposing to establish a
tolerance exemption for DBE in this document.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that `` there is a reasonable certainty that
no harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Section 408(b)(2)(C) of the FFDCA
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue....''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Risk Characterization and Conclusions

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action and considered its validity, completeness and
reliability and the relationship of this information to human risk. EPA
has also considered available information concerning the variability of
the sensitivities of major identifiable subgroups of consumers,
including infants and children. The nature of the toxic effects caused
by the dibasic esters (DBE) are discussed in this unit. EPA has
sufficient data to assess the hazards of, and to make a determination
on, aggregate exposure for this chemical.
    The following provides a brief summary of the risk assessment and
conclusions for the Agency's review of DBE. The full decision document
for this action is available on EPA's Electronic Docket at http://www.regulations.gov/
 under docket number EPA-HQ-OPP-2007-0182.

A. Human Health

    The Agency reviewed the information submitted by the petitioner as
well as additional information available to the Agency and has
determined that DBE has low acute oral and inhalation toxicity and low
subchronic oral toxicity with a no observed adverse effect level
(NOAEL) of 842 mg/kg/day. In acute eye toxicity studies on the rabbit,
DBE had mild to moderate eye irritation. In subchronic inhalation
studies, DBE had a systemic inhalation NOAEL >= 0.40 mg/L (400
milligrams/milliliter (mg/m3)), but a nasal irritation NOAEL
< 0.02 mg/L (20 mg/m3). DBE did not induce neurotoxicity or
carcinogenicity in the studies reviewed, and it was negative for
mutagenicity in most tests, but positive for chromosomal aberrations
under activated conditions. In a repeat-dose inhalation reproduction
toxicity study, DBE had a NOAEL of 0.40 mg/L (400 mg/m3) and
a Lowest effect level (LEL) of 1.0 mg/L (1,000 mg/m3) based
on decreased pup weights at weaning. In repeat-dose inhalation exposure
studies, developmental toxicity was observed at higher doses (1.0 mg/L
or 1,000 mg/m3) than maternal toxicity (0.16 mg/L or 160 mg/
m3).
    In studies, DBE did not cause dermal irritation in animals exposed
for four hours, but caused severe irritation (severe erythema and mild
edema) in one animal and reversible mild to moderate irritation in
animals exposed to DBE for 24 hours. DBE was not considered to be a
skin-sensitizer in guinea pigs. In repeat-dermal exposure studies
conducted on the rat, DBE had a systemic dermal NOAEL of 1,000 mg/kg/
day, and dermal irritation lowest observed adverse effect level (LOAEL)
of 100 mg/kg/day based on the slight, but reversible, erythema and
edema.

B. Exposure Assessment

    The use of DBE in pesticide products is being limited to 10% or
less of microencapsulated pesticide formulations with the insecticide
active ingredient cyfluthrin. Uses of cyfluthrin are currently limited
to food-use applications such as spot and crack and crevice treatments
in food processing plants and food storage areas, and it is typically
applied by commercial applicators. Dietary exposures of concern from
residues in food and drinking water are not anticipated. The
microencapsulated formulation and its restriction to use with one
active ingredient will reduce the potential for residential exposures
(inhalation and dermal) to a minimal level. DBE is also used in non-
pesticide consumer products such as paint solvents. The use of DBE as
an inert ingredient in pesticide formulations, with the above
limitations, is not expected to contribute significantly to exposures
from its use in non-pesticide consumer products.

C. Safety Factor for Infants and Children

    Section 408 of the FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines that a different margin of safety will be safe
for infants and children. Margins of safety are incorporated into EPA
risk assessments either directly through use of a MOE analysis or
through using uncertainty (safety) factors in calculating a dose level
that poses no appreciable risk to humans. The toxicity database is
sufficient for DBE and potential exposure is adequately characterized
based on the low use rate. In terms of hazard, there are low concerns
and no residual uncertainties regarding prenatal and/or postnatal
toxicity.

D. Cumulative Exposure

    Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' Unlike other pesticides for
which EPA has followed a cumulative risk approach based on a common
mechanism of toxicity, EPA has not made a common mechanism of toxicity
finding as to DBE and any other substances, and the chemical does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has not assumed
that DBE has a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's website at http://www.epa.gov/pesticides/cumulative
.

E. Other Considerations

    1. Analytical methods. Adequate enforcement methodology is
available to enforce the tolerance expression. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
Residues are not expected because of the low amount that will be
permitted in the pesticide formulation (limited to 10% W/W or less) and
the limitation of use with one pesticide active ingredient.
    2. International tolerances. The Agency is not aware of any country
requiring a tolerance for DBE, nor have any CODEX Maximum Residue
Levels (MRLs) been established for any food crops at this time.

F. Determination of Safety and Conclusions

    Based on the information in this preamble, EPA concludes that there
is a reasonable certainty of no harm to the general population,
including infants and children, from aggregate exposure to residues of
DBE. Accordingly, EPA finds that exempting DBE from the requirement of
a tolerance will be safe.

IV. Conclusion

    A tolerance exemption is proposed for residues of DBE when it is
used as an inert ingredient solvent material/anti-freeze
microencapsulated at 10% W/W or less in pesticide formulations with the
active ingredient cyfluthrin.

V. Statutory and Executive Order Reviews

    This action proposes to establish a tolerance exemption under
section 408(d) of the FFDCA in response to a petition submitted to the
Agency. The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because
this proposed rule has been exempted from review under Executive Order
12866 due to its lack of significance, this proposed rule is not
subject to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This proposed rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-13, section 12(d) (15 U.S.C. 272 note). Pursuant to the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency
hereby certifies that this proposed action will not have significant
negative economic impact on a substantial number of small entities.
Establishing a pesticide tolerance or an exemption from the requirement
of a pesticide tolerance is, in effect, the removal of a regulatory
restriction on pesticide residues in food and thus such an action will
not have any negative economic impact on any entities, including small
entities. In addition, the Agency has determined that this action will
not have a substantial direct effect on States, on the relationship
between the National government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999). Executive Order 13132 requires EPA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various

levels of government.'' This proposed rule directly regulates growers,
food processors, food handlers and food retailers, not States. This
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this proposed rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, 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, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 20, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as
follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

    2. Section 180.1277 is added to subpart D to read as follows:

Sec.  180.1277   Dibasic esters; Exemption from the requirement of a
tolerance.

    Dibasic esters (CAS Reg. No. 95481-62-2) is exempted from the
requirement of a tolerance for residues when used as an inert
ingredient (solvent material/anti-freeze) at 10% W/W or less in
microencapsulated pesticide formulations with the active ingredient
cyfluthrin.
[FR Doc. E7-17109 Filed 8-28-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Proposed Rules]
[Pages 6506-6509]
[FR Doc No: 2014-02292]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-1059]
RIN 1625-AA08

Special Local Regulations for Marine Events, Tred Avon River;
Between Bellevue, MD and Oxford, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Oxford-Bellevue Sharkfest Swim'', a marine
event to be held on the waters of the Tred Avon River on May 10, 2014.
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 Tred Avon
River during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before March 6, 2014. The Coast Guard anticipates that this
proposed rule will be effective on May 10, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting comments

    If you submit a comment, please include the docket number for this
rulemaking, 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 at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone 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,
type the docket number [USCG-2013-1059] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments 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.

2. 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,
type the docket number (USCG-2013-1059) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit 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.

3. 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).

4. Public meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting 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.

B. Regulatory History and Information

    The current regulations under 33 CFR 100 address safety for
reoccurring marine events. This marine event does not appear in the
current regulations; however, as it is a regulation to provide
effective control over regattas and marine parades on the navigable
waters of the United States so as to insure safety of life in the
regatta or marine parade area, this marine event therefore needs to be
temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Oxford-Bellevue Sharkfest Swim event.

D. Discussion of Proposed Rule

    On May 10, 2014, Enviro-Sports Productions, Inc. of Stinson Beach,
California, is sponsoring the ``Oxford-Bellevue Sharkfest Swim''
between Bellevue, MD and Oxford, MD. The event will occur from 10 a.m.
to 11 a.m. Approximately 200 amateur swimmers will compete on 1,500-
meter designated course located in the Tred Avon River between
Bellevue, MD and Oxford, MD. Participants will be supported by sponsor-
provided watercraft. The swim course will impede the federal navigation
channel.
    The Coast Guard proposes to establish special local regulations on
specified waters of the Tred Avon River. The regulations will be
enforced from 9 a.m. to 11:59 a.m. on May 10, 2014. The regulated area
includes all waters of Tred Avon River, from shoreline to shoreline,
within and area bounded on the east by a line drawn from latitude
38[deg]42'25'' N, longitude 076[deg]10'45'' W, thence south to latitude
38[deg]41'37'' N, longitude 076[deg]10'26'' W, and bounded on the west
by a line drawn from latitude 38[deg]41'58'' N, longitude
076[deg]11'04'' W, thence south to latitude 38[deg]41'25'' N, longitude
076[deg]10'49'' W, thence east to latitude 38[deg]41'25'' N, longitude
076[deg]10'30'' W, located at Oxford, MD.
    The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Vessels intending to
transit the Tred Avon River through the regulated area will be allowed
to safely transit the regulated area only when the Coast Guard Patrol
Commander has deemed it safe to do so. 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 Coast Guard
will provide notice of the special local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners, and the official patrol on
scene.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

 1. 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,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only 3 hours; (2) the regulated area has been narrowly tailored to
impose the least impact on general navigation, yet provide the level of
safety deemed necessary; (3) although the regulated area applies to the
entire width of the Tred Avon River, persons and vessels will be able
to transit safely through a portion of the regulated area once the last
participant has cleared that portion of the regulated area and when the
Coast Guard Patrol Commander deems it safe to do so; and (4) the Coast
Guard will provide advance notification of the special local
regulations to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the Tred
Avon River encompassed within the special local regulations from 9 a.m.
to 11:59 a.m. on May 10, 2014. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. 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 person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the

person listed in the FOR FURTHER INFORMATION CONTACT section to
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.

7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. 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.

10. Protection of Children from Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves special
local regulations issued in conjunction with a regatta or marine
parade. This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the 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

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-1059 to read as follows:

Sec.  100.35-T05-1059  Special Local Regulations for Marine Events,
Tred Avon River; Between Bellevue, MD and Oxford, MD.

    (a) Regulated area. The following location is a regulated area: All
waters of the Tred Avon River, from shoreline to shoreline, within and
area bounded on the east by a line drawn from latitude 38[deg]42'25''
N, longitude 076[deg]10'45'' W, thence south to latitude 38[deg]41'37''
N, longitude 076[deg]10'26'' W, and bounded on the west by a line drawn
from latitude 38[deg]41'58'' N, longitude 076[deg]11'04'' W, thence
south to latitude 38[deg]41'25'' N, longitude 076[deg]10'49'' W, thence
east to latitude 38[deg]41'25'' N, longitude 076[deg]10'30'' W, located
at Oxford, MD. 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 persons and vessels participating in the
Oxford-Bellevue Sharkfest Swim event 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) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol, a vessel
or person 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) With the exception of participants, all persons desiring to
transit the regulated area must first obtain authorization from the
Captain of the Port Baltimore or his designated representative. To seek
permission to transit the area, the Captain of the Port Baltimore and
his designated representatives can be contacted at telephone number
410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz).
All Coast Guard vessels enforcing this regulated area can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz).
    (3) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property.
    (4) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period: This section will be enforced from 9 a.m.
to 11:59 a.m. on May 10, 2014.

    Dated: January 23, 2014.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2014-02292 Filed 2-3-14; 8:45 am]
BILLING CODE 9110-04-P