[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Rules and Regulations]
[Page 50545-50548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au08-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0832]
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 proposes to temporarily change the enforcement
period for special local regulations during the ``Cambridge Offshore
Challenge'', a marine event held annually on the waters of Choptank
River near Cambridge, Maryland. 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
Choptank River during the event.
DATES: This rule is effective from 11:30 a.m. September 20, 2008 until
5:30 p.m. September 21, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0832 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the Fifth
Coast Guard District, 431 Crawford Street, Portsmouth, VA 23704 between
10 a.m. and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division, (757) 398-6204. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to
minimize potential danger to the public during the event. The necessary
information regarding the change of date for this annual recurring
marine event was not provided with sufficient time to publish an NPRM.
The potential dangers posed by a high speed power boat race conducted
on the waterway with other vessel traffic makes special local
regulations necessary to provide for the safety of participants,
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.
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The Coast Guard will issue broadcast notice to mariners to advise
vessel operators of navigational restrictions. On scene Coast Guard and
local law enforcement vessels will also provide actual notice to
mariners.
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 vessels, spectator
craft and other vessels transiting the event area. However advance
notifications will be made to users of Choptank River via marine
information broadcasts, local notice to mariners, commercial radio
stations and area newspapers.
Background and Purpose
Annually, the Chesapeake Bay Powerboat Association sponsors the
``Cambridge Offshore Challenge'', on the waters of the Choptank River
at Cambridge, Maryland. The event consists of approximately 100
offshore powerboats conducting high-speed competitive races between the
Route 50 Bridge and Oystershell Point, MD. A fleet of spectator vessels
is anticipated. The regulation at 33 CFR 100.501 is effective annually
for the Cambridge Offshore Challenge marine event. The table to Sec.
100.501, event No. 27 establishes the enforcement date for this marine
event. This regulation proposes to temporarily change the enforcement
date from ``September--4th or last Saturday and Sunday'' to the third
Saturday and Sunday in September, holding the marine event on September
20 and 21, 2008. The Chesapeake Bay Powerboat Association who is the
sponsor for this event intends to hold this event annually; however,
they have changed the date of the event for 2008 so that it is outside
the scope of the existing enforcement period. Due to the need for
vessel control during the power boat races, vessel traffic will be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.
Discussion of Rule
The Coast Guard will temporarily suspend the regulations at 33 CFR
100.501 by changing the date of enforcement in the table to Sec.
100.501 to reflect the event will be conducted in 2008 on the third
Saturday and Sunday in September, September 20 and 21, 2008. This
change is needed to accommodate the sponsor's schedule. The special
local regulations will be enforced from 11:30 a.m. to 5:30 p.m. on
September 20 and 21, 2008, and will restrict general navigation in the
regulated area during the marine 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 during the effective period. The
regulated area is needed to control vessel traffic during the event to
enhance the safety of participants and transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
Although this rule prevents traffic from transiting a portion of
the 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, local
radio stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, the regulated area has been narrowly
tailored to impose the least impact on general navigation yet provide
the level of safety deemed necessary. 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 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 a portion 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 6-hour period. Vessel traffic will be
able to transit the regulated area when the Coast Guard Patrol
Commander deems 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 offer to assist small
entities in understanding the 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). 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.
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
[[Page 50547]]
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 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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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. We have made a determination under the
Instruction that this action is not likely to have a significant effect
on the human environment.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist 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.
0
2. In Sec. 100.501 revise line No. 27 in Table to Sec. 100.501 to
read as follows:
Sec. 100.501-T05-0832 Special Local Regulations; Marine Events in the
Fifth Coast Guard District.
* * * * *
Coast Guard Sector Baltimore--COTP Zone
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No. Date Event Sponsor Location
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* * * * * * *
27................. September 20 and 21, Cambridge Offshore Chesapeake Bay All waters of the
2008. Challenge. Powerboat Choptank River, from
Association. shoreline to shoreline,
bounded to the west by
the Route 50 Bridge and
bounded to the east by a
line drawn along
longitude 076[deg] W,
between Goose Point, MD
and Oystershell Point,
MD.
* * * * * * *
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[[Page 50548]]
Dated: August 18, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-19894 Filed 8-26-08; 8:45 am]
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