[Federal Register: October 6, 2004 (Volume 69, Number 193)]
[Rules and Regulations]
[Page 59797-59799]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc04-11]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-04-182]
RIN 1625-AA08
Special Local Regulations for Marine Events; Choptank River,
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Chesapeakeman Ultra Triathlon'', an event to
be held October 9, 2004 over the waters of Choptank River at Cambridge,
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
Choptank River during the Chesapeakeman Ultra Triathlon swim.
DATES: This rule is effective from 6:30 a.m. to 10:30 a.m. on October
9, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-182 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:
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 and contrary to public interest as immediate
[[Page 59798]]
action is necessary to protect those using the waterway. Because of the
danger posed to the swimmers competing within a confined area, special
local regulations are necessary to provide for the safety of event
participants, support craft and other vessels transiting the event
area.
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, support craft, 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 users of the waterway via marine information broadcasts and area
newspapers.
Background and Purpose
On October 9, 2004, the Columbia Triathlon Association will sponsor
the ``Chesapeakeman Ultra Triathlon''. The swimming segment of the
event will consist of approximately 300 swimmers competing across a
2.4-mile course along the Choptank River between the Hyatt Regency
Chesapeake Bay Resort Beach and Great Marsh Park, Cambridge, Virginia.
The competition will begin at the Hyatt Regency Beach. The participants
will swim across to the finish line located at Great Marsh Park,
swimming approximately 100 yards off shore, parallel with the
shoreline. Approximately 20 support vessels will accompany the
swimmers. Due to the need for vessel control during the swimming event,
the Coast Guard will temporarily restrict vessel traffic in the event
area to provide for the safety of participants, support craft and other
transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Choptank River between the beachfront
adjacent to the Hyatt Regency Chesapeake Bay Resort and Great Marsh
Park at Cambridge, Maryland. The temporary special local regulations
will be in effect from 6:30 a.m. to 10:30 a.m. on October 9, 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 may be allowed to transit the regulated
area at slow speed as the swim progresses, when the Coast Guard Patrol
Commander determines it is safe to do so. The Patrol Commander will
notify the public of specific enforcement times by Marine Radio Safety
Broadcast. 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 restricts vessel traffic from transiting a
portion of 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 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 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 short period, from 6:30 a.m. to 10:30
a.m. on October 9, 2004. Vessels desiring to transit the event area
will be able to transit the regulated area at slow speed as the swim
progresses, when the Coast Guard Patrol Commander determines 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 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. 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. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
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
[[Page 59799]]
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 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.
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-T05-182 to read as follows:
Sec. 100.35-T05-182 Choptank River, Cambridge, Maryland.
(a) Regulated area. The regulated area includes all waters of the
Choptank River within 200 yards either side of a line drawn
northwesterly from a point on the shoreline at latitude 38[deg]33'45''
N, 076[deg]02'38'' W, thence to latitude 38[deg]35'06'' N,
076[deg]04'42'' W, a position located at Great Marsh Park, Cambridge,
MD. 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) Enforcement period. This section will be enforced from 6:30
a.m. to 10:30 a.m. on October 9, 2004.
Dated: September 23, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-22510 Filed 10-5-04; 8:45 am]
BILLING CODE 4910-15-P