[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]
[Page 57148-57150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-105]
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 special local regulations for
the ``Chesapeakeman Ultra Triathlon'', an event to be held October 1,
2005 on the waters of the 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
1, 2005.
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 CGD05-05-105 and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford
Street, Room 119, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 29, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Choptank
River, Cambridge, MD'' in the Federal Register (70 FR 50997). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
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.
[[Page 57149]]
Advance notifications will be made to affected waterway users via
marine information broadcasts, local radio stations and area
newspapers.
Background and Purpose
On October 1, 2005, 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, Maryland.
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 Comments and Changes
No comments were received in response to the notice of proposed
rulemaking (NPRM) published in the Federal Register. Accordingly, the
Coast Guard is establishing temporary special local regulations on
specified waters of the Choptank River. Since no comments were
received, no changes to this regulation were made.
Regulatory Evaluation
This temporary 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
segment of the Choptank River adjacent to Cambridge, MD 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. Extensive
advance notifications will be made to the maritime community via Local
Notice to Mariners, marine information broadcasts, area newspapers and
local radio stations, so mariners can adjust their plans accordingly.
Vessel traffic will be able to transit the regulated area 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 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
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit this section of the Choptank River during the
event.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period, from 6:30 a.m. to
10:30 a.m. on October 1, 2005. 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 this rule so that they can better evaluate
its effects on them and participate in the rulemaking.
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 temporary 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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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 would 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
[[Page 57150]]
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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 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. Sec. 100.35-T05-105 to read as follows:
Sec. 100.35-T05-105 Choptank River, Cambridge, MD.
(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 Sector Baltimore.
(2) 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.
(3) Participant includes all persons participating in the
Chesapeakeman Ultra Triathlon swim under the auspices of the Marine
Event Permit issued to the event sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(c) 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 must:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) 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 swim course.
(d) Enforcement period. This section will be enforced from 6:30
a.m. to 10:30 a.m. on October 1, 2005.
Dated: September 21, 2005.
S. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 05-19585 Filed 9-29-05; 8:45 am]
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