[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Rules and Regulations]
[Page 54662-54664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-03-124]
RIN 1625-AA08
Special Local Regulations for Marine Events; Choptank River,
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Chesapeake Challenge'', a marine event to be
held September 28, 2003 on the waters of the Choptank River at
Cambridge, Maryland. These special local regulations are necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in the Choptank
River during the events.
DATES: This rule is effective from 11:30 a.m. through 4:30 p.m. on
September 28, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-03-124 and are available for
inspection or copying at Commander (oax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, 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 Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good
cause exists for not publishing an NPRM. The event will take place on
September 28, 2003. There is not sufficient time to allow for a notice
and comment period, prior to the event. Because of the danger posed by
high-speed power boats competing within a confined area, special local
regulations are necessary to provide for the safety of event
participants, support craft, spectators and other vessels transiting
the event area.
For the same reasons, 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. Delaying the
effective date would be contrary to the public interest, since
immediate action is needed to ensure the safety of participants,
spectator craft and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during the event. However, advance notifications
will be made to affected users of the waterway via marine information
broadcasts and area newspapers.
Background and Purpose
On September 28, 2003, the Chesapeake Bay Powerboat Association
will sponsor the ``Chesapeake Challenge'', on the waters of the
Choptank River at Cambridge, Maryland. The event will consist of
approximately 30 offshore powerboats conducting high-speed competitive
races between the Rt. 50 bridge and Oystershell Point. A fleet of
approximately 250 spectator vessels is expected to gather nearby to
view the competition. Due to the need for vessel control during the
event, vessel traffic will be temporarily restricted to provide for the
safety of participants, spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Choptank River. The temporary regulations
will be enforced from 11:30 a.m. to 4:30 p.m. on September 28, 2003,
and will restrict general navigation in the regulated area during the
event. Except for participants and vessels authorized by the Coast
[[Page 54663]]
Guard Patrol Commander, no person or vessel will be allowed to enter or
remain in the regulated area. These regulations are needed to control
vessel traffic during the event to enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation will prevent traffic
from transiting a portion of the Choptank 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, marine information broadcasts, and area
newspapers, 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
deemed necessary. Vessel traffic will be able to transit the regulated
area between heats, when the Coast Guard Patrol Commander deems it is
safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 rule
will not have a significant economic impact on a substantial number of
small entities. This rule will 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 the Choptank River
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 will be in effect for only a limited period. Vessel traffic will
be able to transit the regulated area between heats, when the Coast
Guard Patrol Commander deems it is safe to do so. Before the
enforcement period, we will issue maritime advisories so mariners can
adjust their plans accordingly.
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 so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
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.
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).
Collection of Information
This rule will 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 will either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will 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.
Energy Effects
We have analyzed this 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
[[Page 54664]]
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that will 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.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
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; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 100.35-T05-124 to read as follows:
Sec. 100.35-T05-124 Choptank River, Cambridge, MD.
(a) Definitions.
Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Activities Baltimore.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Activities Baltimore with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
Participant includes 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 Activities
Baltimore.
Regulated area includes all waters of the Choptank River, from
shoreline to shoreline, bounded to the west by the Rt. 50 bridge and
bounded to the east by a line drawn along longitude 076[deg] 00''00'' W
at Oystershell Point. All coordinates reference Datum: NAD 1983.
(b) Special local regulations: (1) Except for event participants
and 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.
(ii) Proceed as directed by any Official Patrol.
(iii) Unless otherwise directed by the Official Patrol, operate at
a minimum wake speed not to exceed six (6) knots.
(c) Enforcement period. This section will be enforced from 11:30
a.m. through 4:30 p.m. on September 28, 2003.
Dated: September 2, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-23777 Filed 9-17-03; 8:45 am]
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