[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47279-47281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19373]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0264]
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
September 15 and 16, 2012. 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 on September 15 and 16, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0264]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management
Division, U.S. Coast Guard; telephone 410-576-2674, email
Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 1, 2012, we published a notice of proposed rulemaking (NPRM)
[[Page 47280]]
entitled ``Special Local Regulations for Marine Events; Patuxent River,
Solomons, MD'' in the Federal Register (77 FR 25649). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
On September 15 and 16, 2012, 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 an irregularly-shaped 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 Solomons 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.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
D. 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.
1. Regulatory Planning and Review
This 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. 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 of safety
determined to be necessary.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 effected 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. 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.
3. 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 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.
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.
4. Collection of Information
This 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 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
INTFORMATION 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
[[Page 47281]]
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.
11. 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.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
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 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. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination 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
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. 100.35T05-0264 to read as follows:
Sec. 100.35T05-0264 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[deg]19'45'' N, longitude 076[deg]28'06'' W,
thence to latitude 38[deg]19'24'' N, longitude 076[deg]28'30'' W,
thence to latitude 38[deg]18'32'' N, longitude 076[deg]28'14'' W; and
from latitude 38[deg]17'38'' N, longitude 076[deg]27'26'' W, thence to
latitude 38[deg]18'00'' N, longitude 076[deg]26'41'' W, thence to
latitude 38[deg]18'59'' N, longitude 076[deg]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 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[deg]19'00'' N, longitude 076[deg]28'22'' W, thence to latitude
38[deg]19'07'' N, longitude 076[deg]28'12'' W, thence to latitude
38[deg]18'53'' N, longitude 076[deg]27'55'' W, thence to latitude
38[deg]18'30'' N, longitude 076[deg]27'45'' W, thence to latitude
38[deg]18'00'' N, longitude 076[deg]27'11'' W, thence to latitude
38[deg]17'54'' N, longitude 076[deg]27'20'' W, thence to the point of
origin at latitude 38[deg]19'00'' N, longitude 076[deg]28'22'' 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.
until 6 p.m. on September 15, 2012, and from 10 a.m. until 6 p.m. on
September 16, 2012.
Dated: July 23, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-19373 Filed 8-7-12; 8:45 am]
BILLING CODE 9110-04-P