[Federal Register: August 31, 2004 (Volume 69, Number 168)]
[Rules and Regulations]
[Page 52997-52999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au04-4]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-04-143]
RIN 1625-AA08
Special Local Regulations for Marine Events; Susquehanna River,
Port Deposit, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for ``Ragin' on the River,'' a power boat race to be held
over the waters of the Susquehanna River adjacent to Port Deposit,
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 portions of the Susquehanna
River adjacent to Port Deposit, Maryland during the power boat race.
DATES: This rule is effective from 11 a.m. on September 4, 2004, to
6:30 p.m on September 5, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-143 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: D. M. Sens, Project Manager, Auxiliary
and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
[[Page 52998]]
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. Publishing an NPRM would be
impracticable. The event will take place on September 4 and 5, 2004.
There is not sufficient time to allow for a notice and comment period,
prior to the event. Immediate action is needed to protect the safety of
life at sea from the danger posed by high-speed power boats.
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 the event participants, spectator craft and other
vessels transiting the event area. However advance notifications will
be made to affected waterway users via marine information broadcasts
and area newspapers.
Background and Purpose
On September 4 and 5, 2004, the Port Deposit Chamber of Commerce
will sponsor the ``Ragin' on the River,'' on the waters of the
Susquehanna River. The event will consist of approximately 60 inboard
hydroplanes and runabouts racing in heats counter-clockwise around an
oval racecourse. A fleet of 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 Susquehanna River adjacent to Port Deposit,
Maryland. The regulated area includes a section of the Susquehanna
River approximately 1500 yards long, and bounded in width by each
shoreline. The temporary special local regulations will be enforced
from 11 a.m. to 6:30 p.m. on September 4 and 5, 2004, and will restrict
general navigation in the regulated area during the power boat race.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area during the enforcement period.
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 temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the Susquehanna River adjacent to Port Deposit, Maryland 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 marine information broadcasts and area newspapers so
mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 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
may be small entities: The owners or operators of vessels intending to
transit this section of the Susquehanna 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 a short period, from 11 a.m. to 6:30
p.m. on September 4 and 5, 2004. Although the regulated area will apply
to the entire width of the river, traffic may be allowed to pass
through the regulated area with the permission of the Coast Guard
patrol commander. In the case where the patrol commander authorizes
passage through the regulated area during the event, vessels shall
proceed at the minimum speed necessary to maintain a safe course that
minimizes wake near the race course. 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 offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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 would 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.
[[Page 52999]]
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 does not create an
environmental risk to health or risk to safety that may
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 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.
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.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 event permit are specifically excluded from further
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.
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 section, Sec. 100.35-T05-143 to read as follows:
Sec. 100.35-T05-143 Susquehanna River, Port Deposit, Maryland.
(a) Regulated area. The regulated area is established for the
waters of the Susquehanna River, adjacent to Port Deposit, Maryland,
from shoreline to shoreline, bounded on the south by a line running
northeasterly from a point along the shoreline at latitude
39[deg]35'18'' N, longitude 076[deg]07'17'' W, to latitude
39[deg]35'48'' N, longitude 076[deg]06'27'' W, and bounded on the north
by a line running southwesterly from a point along the shoreline at
latitude 39[deg]36'22'' N, longitude 076[deg]07'08'' W, to latitude
39[deg]36'00'' N, longitude 076[deg]07'46'' W. All coordinates
reference Datum NAD 1983.
(b) Definitions:
(1) 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.
(2) 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.
(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 the regulated area shall stop the
vessel immediately when directed to do so by any Official Patrol.
(3) All persons and vessels shall comply with the instructions of
the Official Patrol. The operator of a vessel in the regulated area
shall stop the vessel immediately when instructed to do so by the
Official Patrol and then proceed as directed. When authorized to
transit the regulated area, all vessels shall proceed at the minimum
speed necessary to maintain a safe course that minimizes wake near the
race course.
(d) Enforcement period. This section will be enforced from 11 a.m.
to 6:30 p.m. on September 4 and 5, 2004.
Dated: August 18, 2004.
Ben R. Thomason,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-19802 Filed 8-30-04; 8:45 am]
BILLING CODE 4910-15-P