[Federal Register: June 17, 2009 (Volume 74, Number 115)]
[Rules and Regulations]
[Page 28609-28612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn09-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1119]
RIN 1625-AA11
Regulated Navigation Area; Chesapeake and Delaware Canal,
Chesapeake City Anchorage Basin, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent regulated
navigation area (RNA) in certain waters of the Chesapeake and Delaware
(C & D) Canal, within the anchorage basin at Chesapeake City, Maryland,
to be enforced annually, on the last Saturday in June, from 12:01 a.m.
until 11:59 p.m. This RNA is necessary to provide for the safety of
life, property and the environment. This RNA will restrict and control
the movement of vessels throughout the anchorage basin during the Town
of Chesapeake City's Canal Day event.
DATES: This rule is effective on June 17, 2009.
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-2008-1119 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2008-1119 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Ronald L. Houck, Sector Baltimore Waterways
Management Division, Coast Guard; telephone 410-576-2674, e-mail
Ronald.L.Houck@uscg.mil. 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 March 12, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Area; Chesapeake and Delaware
Canal, Chesapeake City Anchorage Basin, MD'' in the Federal Register
(74 FR 10695). We received no comments 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 of
this rule would be contrary to the public interest since immediate
action is needed to ensure the boating public's safety during the Canal
Day festivities taking place in June 2009. Congestion created by the
influx of boats and visitors for Canal Day festivities would
substantially raise the risk of accidental
[[Page 28610]]
drownings, personnel injuries, boat fires, boat capsizings and
sinkings, and boating collisions, and the congestion would make
response to such incidents much more difficult.
Background and Purpose
Each year, on the last Saturday in June, thousands of people attend
the Town of Chesapeake City's Canal Day outdoor waterfront festival,
located adjacent to the C & D Canal anchorage basin at Chesapeake City,
Maryland. Due to the growing presence of visiting boaters in recent
years, the waterways surrounding this annual event have become
increasingly congested. This congestion substantially raises the risk
of accidental drownings, personnel injuries, boat fires, boat
capsizings and sinkings, and boating collisions, and the congestion
makes response to such incidents much more difficult.
For example, on a typical weekend 10 to 15 boats anchor in the
basin, which is approximately 420 yards in length and 170 yards in
width. However, during Canal Day waterfront events, the number of boats
anchoring in and around the basin far exceeds this number. In 2007, an
estimated 400 boats and 10,000 visitors came to Chesapeake City, a town
with a population of 800. An estimated 325 recreational boats were
anchored or moored alongside other boats (rafted). These boats
accounted for approximately 600 visitors. Persons on recreational
vessels or other water craft began arriving on the Wednesday before the
festival, and by that evening, large lines of rafted boats filled the
anchorage basin, exceeding the safety limits two days before the event.
The Coast Guard has the authority under 33 Code of Federal
Regulations part 165 to impose appropriate controls on activities that
may pose a threat to persons, vessels and facilities under its
jurisdiction. In June 2008, a Temporary Final Rule (33 CFR 165.T05-
0315; 73 FR 35588) was implemented and proved to be a beneficial tool
to ensure safety and to control vessel movement during this event.
Therefore, the Coast Guard is now establishing a permanent RNA that
will be enforced on the last Saturday in June, annually, in the C & D
Canal, within the anchorage basin at Chesapeake City, Maryland. The
rule will control vessel movement during this event, in order to
promote maritime safety, and to protect the environment and maritime
public from the potential hazards associated with a large gathering of
recreational vessels and other watercraft in a confined area.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
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. Though the RNA will be in effect for an
entire day, commercial traffic in the C & D Canal anchorage basin is
limited, and vessels transiting the C & D Canal may proceed safely
around the RNA.
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
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the C & D Canal anchorage basin at
Chesapeake City, Maryland, from 12:01 a.m. until 11:59 p.m. on the last
Saturday in June, annually. This RNA will not have a significant
economic impact on a substantial number of small entities for the
following reasons: Although this rule will be in effect for the entire
day and applies to the entire anchorage basin, commercial vessel
traffic in this area is limited and traffic would be allowed to pass
within the RNA with the permission of the District Commander or his or
her designated representative, vessels transiting the C & D Canal may
proceed safely around the RNA, and the Coast Guard will issue maritime
advisories widely available to users of the waterway before the
effective period.
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 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
[[Page 28611]]
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 023-01 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves certain regulations for
vessels navigating the waters of the Chesapeake and Delaware Canal and
fits within the category of paragraph 34(g) because it establishes a
regulated navigation area.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.556 to read as follows:
Sec. 165.556 Regulated Navigation Area; Chesapeake and Delaware
Canal, Chesapeake City Anchorage Basin, MD.
(a) Location. The following area is a regulated navigation area:
All waters of the Chesapeake and Delaware (C & D) Canal within the
anchorage basin at Chesapeake City, Maryland, bounded by a line drawn
across the entrance to the basin from position latitude
39[deg]31'39.6'' N, longitude 075[deg]48'36.5'' W, to position latitude
39[deg]31'40.6'' N, longitude 075[deg]48'43.3'' W. All coordinates
refer to NAD 1983.
(b) Definitions. For the purposes of this section:
District Commander means the Commander, Fifth Coast Guard District
or any Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Commander, Fifth Coast Guard District, to act on his
or her behalf, or his or her designated representative.
(c) Regulations. The general regulations governing regulated
navigation areas, found in 33 CFR 165.13, apply to the regulated
navigation area described in paragraph (a) of this section.
(1) All vessels and persons are prohibited from entering and
accessing this regulated navigation area, except as authorized by the
District Commander or his or her designated representative.
(2) Persons or vessels requiring entry into or passage within the
regulated navigation area must request authorization from the District
Commander or his or her designated representative, by telephone at
(410) 576-2693 or by marine band radio on VHF-FM Channel 16 (156.8
MHz), from 12:01 a.m. until 11:59 p.m. on the last Saturday in June,
annually. All Coast Guard vessels enforcing this regulated navigation
area can be contacted on marine band radio VHF-FM Channel 16 (156.8
MHz).
(3) The operator of any vessel entering or located within this
regulated navigation area shall:
(i) Travel at no-wake speed,
(ii) Stop the vessel immediately upon being directed to do so by
any commissioned, warrant or petty officer on board a vessel displaying
a Coast Guard Ensign, and
(iii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(4) All vessels and persons within this regulated navigation area
must comply with any additional instructions of the District Commander
or the designated representative.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the regulated navigation area by any Federal, State,
and local agencies.
(e) Enforcement period. This section will be enforced from 12:01
a.m. until 11:59 p.m. on the last Saturday in June, annually.
[[Page 28612]]
Dated: May 26, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-14252 Filed 6-16-09; 8:45 am]
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