[Federal Register: July 8, 2003 (Volume 68, Number 130)]
[Proposed Rules]
[Page 40615-40617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy03-25]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-03-062]
RIN 1625-AA08
Special Local Regulations for Marine Events; Isle of Wight Bay,
Ocean City, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for fireworks displays over the waters of Isle of Wight
Bay, Ocean City, Maryland. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the fireworks displays. This action is intended to restrict vessel
traffic in portions of Isle of Wight Bay during the events.
DATES: Comments and related material must reach the Coast Guard on or
before September 8, 2003.
ADDRESSES: You may mail comments and related material to Commander
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational
Boating Safety Branch, Fifth Coast Guard District, maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the above address between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager,
Auxiliary and
[[Page 40616]]
Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-03-
062), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one 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.
Background and Purpose
Several times each year, O.C. Seacrets, Inc. sponsors fireworks
displays over the waters of Isle of Wight Bay, Ocean City, Maryland.
The fireworks are launched from two pontoon boats anchored near the
O.C. Seacrets Dock in the vicinity of 117 W. 49th Street, Ocean City,
Maryland. A small fleet of spectator vessels normally gathers nearby to
view the event. Due to the need for vessel control during the
fireworks, vessel traffic will be temporarily restricted to provide for
the safety of spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish permanent special local
regulations on specified waters of Isle of Wight Bay. The regulated
area will include all waters within 150 feet around the pontoon boats.
The special local regulations will be enforced annually from 9:15 p.m.
to 10:15 p.m. on Memorial Day, July 4th, August 6th, and Labor Day. If
the fireworks are delayed by inclement weather, the special local
regulations will be enforced from 9:15 p.m. to 10:15 p.m. the next day.
The effect will be to restrict general navigation in the regulated area
during the fireworks displays. Except for vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the regulated area. These regulations are needed to control vessel
traffic during the event to enhance the safety of spectators and
transiting vessels.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this proposed regulation will prevent traffic from
transiting a portion of Isle of Wight Bay during the events, the effect
of this proposed 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, marine information broadcasts, and area
newspapers, so mariners can adjust their plans accordingly.
Additionally, the proposed regulated area has been narrowly tailored to
impose the least impact on general navigation yet provide the level of
safety deemed necessary. Vessel traffic will be able to transit Isle of
Wight Bay by navigating around the regulated area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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 a portion of
Isle of Wight Bay during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
proposed rule would be in effect for only 4 days each year. Vessel
traffic could pass safely around the regulated area. Before the
enforcement period, we would 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 proposed 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 proposed rule would economically affect it.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 address listed under
ADDRESSES.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not result in such an
expenditure, we do
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discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 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.
Protection of Children
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.
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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; Department of Homeland
Security Delegation No. 0170, 33 CFR 100.35.
2. Sec. 100.531 is added to read as follows:
Sec. 100.531 Isle of Wight Bay, Ocean City, Maryland
(a) Definitions. (1) Coast Guard Patrol Commander. The Coast Guard
Patrol Commander is a commissioned, warrant, or petty officer of the
Coast Guard who has been designated by the Commander, Coast Guard Group
Eastern Shore.
(2) Official Patrol. The Official Patrol is any vessel assigned or
approved by Commander, Coast Guard Group Eastern Shore with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
(3) Regulated Area. The regulated area includes all waters of Isle
of Wight Bay enclosed by the arc of a circle 300 feet in diameter with
the center located at position 38[deg]22'30.0'' N latitude,
075[deg]04'18.0'' W longitude. All coordinates reference Datum NAD
1983.
(b) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
official patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by any official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(c) Enforcement period. This section will be enforced annually from
9:15 p.m. to 10:15 p.m. on Memorial Day, July 4th, August 6th, and
Labor Day. If the fireworks are delayed by inclement weather, the
special local regulations will be enforced from 9:15 p.m. to 10:15 p.m.
the next day
Dated: June 4, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-17111 Filed 7-7-03; 8:45 am]
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