[Federal Register: July 22, 2004 (Volume 69, Number 140)]
[Rules and Regulations]
[Page 43741-43743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy04-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-04-013]
RIN 1625-AA08
Special Local Regulations for Marine Events; Maryland Swim for
Life, Chester River, Chestertown, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing permanent special local
regulations for the ``Maryland Swim for Life'', an annual marine event
held on the waters of the Chester River near Chestertown, Maryland.
This action is necessary to provide for the safety of life on navigable
waters during the event. This action is intended to restrict vessel
traffic in portions of the Chester River during the event.
DATES: This rule is effective August 23, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-04-013 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
On April 6, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Maryland
Swim for Life, Chester River, Chestertown, MD'' in the Federal Register
(69 FR 18002). We received no letters commenting on the rule. No public
hearing was requested, and none was held.
Background and Purpose
The Maryland Swim for Life Association annually sponsors the
``Maryland Swim for Life'', an open water swimming competition held on
the waters of the Chester River, near Chestertown, Maryland. The event
is held each year on the second Saturday in July. Approximately 120
swimmers start from Rolph's Wharf and swim upriver 3 miles then swim
down river returning back to Rolph's Wharf. A fleet of approximately 25
support vessels accompanies the swimmers. To provide for the safety of
participants and support vessels, the Coast Guard will restrict vessel
traffic in the event area during the swim.
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
[[Page 43742]]
Regulatory Evaluation under the regulatory policies and procedures of
DHS is unnecessary. Although this regulation will prevent traffic from
transiting a portion of the Chester River during the event, the effect
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. The Coast Guard will also
publish an annual notice of implementation in the Federal Register
setting out the exact date of the event.
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 Chester 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 enforced for only one day each year. 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 (Public Law 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. We received no
requests for assistance, and none was provided.
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 calls 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 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
[[Page 43743]]
analysis and documentation under those sections. 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.
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 Sec. 100.533 to read as follows:
Sec. 100.533 Maryland Swim for Life, Chester River, Chestertown, MD.
(a) Regulated Area. The regulated area is established for waters of
the Chester River from shoreline to shoreline, bounded on the south by
a line drawn at latitude 39[deg]-10'-16'' N, near the Chester River
Channel Buoy 35 (LLN-26795) and bounded on the north at latitude
39[deg]-12'-30'' N by the Maryland S.R. 213 Highway Bridge. All
coordinates reference Datum NAD 1983.
(b) Definitions. The following definitions apply to this section:
Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Sector Baltimore.
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.
(c) 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 this area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol; and
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement period. This section will be enforced annually on
the second Saturday in July. A notice of implementation of this section
will be published annually in the Federal Register and disseminated
through the Fifth District Local Notice to Mariners and marine Safety
Radio Broadcast on VHF-FM marine band radio channel 22 (157.1 MHz).
Dated: July 2, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-16647 Filed 7-21-04; 8:45 am]
BILLING CODE 4910-15-P