[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Rules and Regulations]
[Pages 40391-40393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16034]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0489]
RIN 1625-AA08
Special Local Regulations; Dinghy Poker Run, Middle River;
Baltimore County, Essex, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Dinghy Poker Run,'' a marine event to be held
on the waters of Middle River. 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 Middle River during the event.
DATES: This rule is effective from July 27, 2013, at 12:30 p.m. until
July 28, 2013, at 5:30 p.m. This rule will be enforced from 12:30 p.m.
to 5:30 p.m. on July 27 and July 28, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0489]. 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, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, 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
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable. The Coast Guard received the information about the event
on June 5, 2013, and therefore, it would be impracticable to publish an
NPRM. Further, over 300 vessels are expected to participate in this
marine event, and a special local regulation for this event is in the
public interest.
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. As previously discussed, it is
impracticable and contrary to the public interest to delay this
regulation 30 days, as the Coast Guard received late notice of this
event preventing a full notice and comment period.
[[Page 40392]]
B. 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 Dinghy Poker Run event.
On July 27, 2013, the Norris Lane Foundation of Abingdon, Maryland,
is sponsoring the ``Dinghy Poker Run'' in Baltimore County at Essex,
Maryland. The event will occur from 1 p.m. to 5 p.m. Approximately 300
dinghies will operate on a designated course located in a certain
portion of the Middle River, which includes Frog Mortar Creek, Dark
Head Creek, Hopkins Creek, Norman Creek, Hogpen Creek and Galloway
Creek. Participants will be supported by sponsor-provided watercraft.
The race course will impede the navigation channel.
C. Discussion of Final Rule
The Coast Guard is establishing special local regulations on
specified waters of Middle River. The regulations will be enforced from
12:30 p.m. to 5:30 p.m. on July 27, 2013, and, if necessary due to
inclement weather, from 12:30 p.m. to 5:30 p.m. on July 28, 2013. The
regulated area includes all waters of Middle River, from shoreline to
shoreline, within an area bounded to the north by a line drawn along
latitude 39[deg]19'33'' N, and bounded to the south by a line drawn
along latitude 39[deg]18'06'' W, located in Baltimore County, at Essex,
MD.
The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Vessels intending to
transit Middle River through the regulated area will only be allowed to
safely transit the regulated area only when the Coast Guard Patrol
Commander has deemed it safe to do so. 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 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.
D. Regulatory Analyses
We developed this 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 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 a limited period; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the event area,
without authorization from the Coast Guard Patrol Commander or official
patrol on scene, they may operate in the surrounding area during the
enforcement period; and (3) 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 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 would 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 Middle
River encompassed within the special local regulations from 12:30 p.m.
to 5:30 p.m. on July 27, 2013, and, if necessary due to inclement
weather, from 12:30 p.m. to 5:30 p.m. on July 28, 2013. 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 (Pub. L. 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 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
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 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 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.
[[Page 40393]]
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 From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
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 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 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 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 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 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. An 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 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 Sec. 100.35-T05-0489 to read as follows:
Sec. 100.35-T05-0489 Special Local Regulations; Dinghy Poker Run,
Middle River; Baltimore County, Essex, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Middle River, from shoreline to shoreline, within an area
bounded to the north by a line drawn along latitude 39[deg]19'33'' N,
and bounded to the south by a line drawn along latitude 39[deg]18'06''
W, located in Baltimore County, at Essex, 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
Dinghy Poker Run 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 vessel, 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) Vessels and persons may contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, vessels and persons must pass directly through
the regulated area, at a safe speed and without loitering.
(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) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
(5) 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 periods. This section will be enforced from 12:30
p.m. to 5:30 p.m. on July 27, 2013, and, if necessary due to inclement
weather, from 12:30 p.m. to 5:30 p.m. on July 28, 2013.
Dated: June 12, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-16034 Filed 7-3-13; 8:45 am]
BILLING CODE 9110-04-P