[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Rules and Regulations]
[Page 55949-55951]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-04-158]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patapsco River,
Inner Harbor, Baltimore, 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 ``Catholic Charities Dragon Boat Races,'' a
marine event to be held September 18, 2004, on the waters of the
Patapsco River, Inner Harbor, Baltimore, MD. 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 the Inner Harbor
during the event.
DATES: This rule is effective from 6:30 a.m. to 6:30 p.m. on September
18, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-04-158 and are available for
inspection or copying at Commander (Aoax), 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.
[[Page 55950]]
FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager,
Auxiliary and Recreational Boating Safety Section, 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) and (d)(3) the Coast Guard finds
that good cause exists for not publishing an NPRM and making it
effective less than 30 days after publishing in the Federal Register.
Publishing an NPRM and waiting 30 days for it to be effective would be
impracticable and contrary to the public interest as immediate action
is necessary to protect event participants from the substantial dangers
posed by vessels operating near the competition. For this reason, a
temporary special local regulation is necessary to provide for the
safety of life at sea during the event. In addition, advance
notifications will be made via the Local Notice to Mariners, marine
information broadcasts, and area newspapers.
Background and Purpose
On September 18, 2004, Associated Catholic Charities, Inc. will
sponsor Dragon Boat Races in the Inner Harbor. The event will consist
of 40 teams rowing Chinese Dragon Boats in heats of 2 to 4 boats for a
distance of 400 meters. 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.
Discussion of Rule
The Coast Guard is establishing special local regulations on
specified waters of the Patapsco River, Inner Harbor, Baltimore, MD.
The regulations will be in effect from 6:30 a.m. to 6:30 p.m. on
September 18, 2004. The effect will be to restrict general navigation
in the regulated area during the event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Vessel traffic will be allowed
to transit the regulated area at slow speed between heats, when the
Coast Guard Patrol Commander determines it is safe to do so. 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 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 rule prevents traffic from transiting a portion of
the Inner Harbor during the event, the effect of this rule 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. In addition, vessel traffic will be allowed to
transit the regulated area at slow speed between heats, when the Coast
Guard Patrol Commander determines it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 or anchor in the effected portions of the Inner Harbor during
the event.
Although this regulation prevents traffic from transiting a portion
of the Inner Harbor during the event, the effect of this regulation
will not be significant because of 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. In addition, vessel
traffic will be allowed to transit the regulated area at slow speeds
between heats, when the Coast Guard Patrol Commander determines it is
safe to do so.
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 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 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 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 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
[[Page 55951]]
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 concern 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 would not have a substantial and 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. 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.
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 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 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 temporary Sec. 100.35-T05-158 to read as follows:
Sec. 100.35-T05-158 Patapsco River, Inner Harbor, Baltimore, MD.
(a) Regulated area. The regulated area is established for the
waters of the Inner Harbor from shoreline to shoreline, bounded on the
east by a line drawn along longitude 076[deg]36' 30'' West. 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:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Effective period. This section will be effective from 6:30 a.m.
to 6:30 p.m. on September 18, 2004.
Dated: September 2, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-20928 Filed 9-16-04; 8:45 am]
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