[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]


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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.

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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