[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Rules and Regulations]
[Page 54947-54950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se08-7]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0761]
RIN 1625-AA08
Special Local Regulations for Marine Events; St. Leonard Creek,
Patuxent River, Calvert County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``War of 1812 North American Grand Tactical'', a marine
event to be held September 21, 2008 on the waters of St. Leonard Creek
and Patuxent River, Calvert County, 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
[[Page 54948]]
restrict vessel traffic in a portion of St. Leonard Creek and the
Patuxent River during the event.
DATES: This rule is effective from 7 a.m. to 3:30 p.m. on September 21,
2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0761 and are available online at
www.regulations.gov. This material is 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, Prevention Division, Room 416, 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, Inspections and Investigations Branch, at (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
On August 7, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; St.
Leonard Creek, Patuxent River, Calvert County, MD in the Federal
Register (73 FR 45919). 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. The Coast Guard received notice of
the event on July 18, 2008. The NPRM published on August 7, 2008, and
the comment period expired on September 8, 2008. 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 the Patuxent
River and St. Leonard Creek via marine information broadcast, local
notice to mariners, commercial radio stations and area newspapers.
Background and Purpose
On September 21, 2008, the Jefferson Patterson Park and Museum will
sponsor ``War of 1812 North American Grand Tactical'' on the waters of
St. Leonard Creek and the Patuxent River, Calvert County, MD. The event
will consist of four tall ships and several small boats that will re-
enact sea battles in Maryland during the War of 1812. The regulated
area originates along the northern shore of St. Leonard Creek, thence
west to Petersons Point thence northwest along the shoreline of the
Patuxent River adjacent to Jefferson Patterson Park and Museum and
extends outward over the water within an approximately 500 yard arc.
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 Comments and Changes
The Coast Guard did not receive comments 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 Patuxent River, and St. Leonard
Creek, Calvert County, MD.
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 regulation will prevent traffic from transiting a
portion of St. Leonard Creek and Patuxent 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
the Local Notice to Mariners, marine information broadcasts, 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 may be able to transit the regulated
area at slow speed when event activity is halted, 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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in the effected portion of St. Leonard Creek and
Patuxent River during the event.
Although this regulation prevents traffic from transiting a small
segment of St. Leonard Creek and the Patuxent 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. Vessel traffic may be able to
transit the regulated area when event activity is halted, 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), in the NPRM 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
[[Page 54949]]
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 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.
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--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35-T05-0761 to read as follows:
Sec. 100.35-T05-0761 St. Leonard Creek, Patuxent River, Calvert
County, MD.
(a) Definitions: The following definitions apply to this section:
(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 to act on his behalf.
(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 vessels participating in the War of
1812 Grand Tactical re-enactment under the auspices of a Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector Baltimore.
(b) Regulated area includes the waters of the Patuxent River and
St. Leonard Creek, Calvert County, MD, within the general vicinity of
Petersons Point. The area is bounded on the east by a line drawn along
longitude 076[deg]30[min]00[sec] West, bounded on the south by a line
drawn along latitude 38[deg]23[min]00[sec] North, bounded on the west
by a line drawn along longitude 076[deg]31[min]20[sec] West and bounded
on the north by the Patuxent River shoreline. All coordinates reference
Datum NAD 1983.
(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 shall: (i)
Stop the vessel immediately when directed to do so by any Official
Patrol.
[[Page 54950]]
(ii) Proceed as directed by any 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 event area.
(d) Effective period. This section will be enforced from 7 a.m. to
3:30 p.m. on September 21, 2008.
Dated: September 15, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-22429 Filed 9-23-08; 8:45 am]
BILLING CODE 4910-15-P