[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Rules and Regulations]
[Pages 57388-57390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23477]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0383]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patuxent River,
Solomons, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations
during the ``Chesapeake Challenge'' power boat races, a marine event to
be held on the waters of the Patuxent River, near Solomons, MD on
October 1, 2010 and October 3, 2010. 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 Patuxent River during the event.
DATES: This rule is effective from 10 a.m. on October 1, 2010 until 6
p.m. on October 3, 2010.
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-2010-0383 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0383 in the ``Keyword''
box, and then clicking ``Search.'' 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
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard
Sector, Baltimore, MD; telephone 410-576-2674, e-mail
[email protected]. 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 June 10, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Patuxent
River, Solomons, MD'' in the Federal Register (75 FR 32866).
Additionally, on July 19, 2010, we published a supplemental notice of
proposed rulemaking (SNPRM) entitled ``Special Local Regulations for
Marine Events; Patuxent River, Solomons, MD'' in the Federal Register
(75 FR 41789). We received no comments on the proposed rules. 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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment against the hazards associated with high-
speed offshore power boat races on confined navigable waters. Such
hazards include damages and injuries caused by collisions with other
vessels and navigational obstructions and hazards caused by vessel
sinkings. In addition, with no changes from the information provided in
the SNPRM and no comments received, the public has been aware of the
scheduled date since July 19, 2010. Therefore, a 30-day notice is
contrary to the public interest. Delaying the effective date would be
contrary to the regulated area's intended objectives of protecting
persons and vessels involved in the event, and enhancing public and
maritime safety.
Basis and Purpose
On October 1, 2010 and October 3, 2010, the Chesapeake Bay Power
Boat Association will sponsor power boat races on the Patuxent River
near Solomons, MD. The event consists of offshore power boats racing in
a counter-clockwise direction on a racetrack-type course located
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S.
Naval Air Station Patuxent River, MD. The start and finish lines will
be located near the Solomon's Pier. A large spectator fleet is expected
during the event. 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 received no comments in response to the NPRM and
SNPRM. No public meeting was requested and none was held. The
regulation proposed in the SNPRM is the regulation being added.
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 the 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 and marine information broadcasts, 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
[[Page 57389]]
of safety deemed necessary. Vessel traffic will be able to transit
safely through a portion regulated area, westward and southward of the
spectator fleet area.
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 affected portions of the Patuxent River during
the event.
Although this regulation prevents traffic from transiting a portion
of the Patuxent River at Solomons, MD 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 would be in effect for
only a limited period. Though the regulated area extends across the
entire width of the river, vessel traffic will be able to transit
safely around the spectator fleet and race course areas within the
regulated area in a northerly or southerly direction westward of the
spectator area, taking action to avoid a close-quarters situation with
spectators, until finally past and clear of the regulated area. 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 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 (adjusted for
inflation) 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 cause 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 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 that do not individually or
cumulatively have a significant effect on the human
[[Page 57390]]
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction. This rule involves
implementation of regulations within 33 CFR Part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area. The category of water activities
includes but is not limited to sail boat regattas, boat parades, power
boat racing, swimming events, crew racing, canoe and sail board racing.
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 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. Add a temporary section, Sec. 100.35T05-0383, to read as follows:
Sec. 100.35T05-0383 Special Local Regulations for Marine Events;
Patuxent River, Solomons, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Patuxent River, within lines connecting the following
positions: from latitude 38[deg]19'45'' N., longitude 076[deg]28'06''
W., thence to latitude 38[deg]19'24'' N., longitude 076[deg]28'30'' W.,
thence to latitude 38[deg]18'32'' N., longitude 076[deg]28'14'' W.; and
from latitude 38[deg]17'38'' N., longitude 076[deg]27'26'' W., thence
to latitude 38[deg]18'00'' N., longitude 076[deg]26'41'' W., thence to
latitude 38[deg]18'59'' N., longitude 076[deg]27'20'' W., located at
Solomons, Maryland. All coordinates reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. 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 means all vessels participating in the Chesapeake
Challenge under the auspices of the Marine Event Permit issued to the
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
(4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
(c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels in the regulated
area. When hailed or signaled by an official patrol vessel, a vessel in
the regulated area shall immediately comply with the directions given.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both.
(2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any vessel participating in the event, at any time it
is deemed necessary for the protection of life or property.
(3) All vessel traffic not involved with the event will be allowed
to transit the regulated area and shall proceed in a northerly or
southerly direction westward of the spectator area, taking action to
avoid a close-quarters situation with spectators, until finally past
and clear of the regulated area.
(4) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
(5) Only participants and official patrol are allowed to enter the
race course area.
(6) Spectators are allowed inside the regulated area only if they
remain within the designated spectator area. Spectators will be
permitted to anchor within the designated spectator area. No vessel may
anchor within the regulated area outside the designated spectator area.
Spectators may contact the Coast Guard Patrol Commander to request
permission to pass through the regulated area. If permission is
granted, spectators must pass directly through the regulated area
outside the race course and spectator areas at a safe speed and without
loitering.
(7) Designated Spectator Fleet Area. The spectator fleet area is
located within a line connecting the following positions: latitude
38[deg]19'14'' N., longitude 076[deg]28'16'' W., thence to latitude
38[deg]18'00'' N., longitude 076[deg]27'26'' W., thence to latitude
38[deg]18'02'' N., longitude 076[deg]27'20'' W., thence to latitude
38[deg]19'16'' N., longitude 076[deg]28'10'' W., thence to the point of
origin at latitude 38[deg]19'14'' N., longitude 076[deg]28'16'' W. All
coordinates reference datum NAD 1983.
(8) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement periods: This section will be enforced from 10 a.m.
to 6 p.m. on October 1, 2010 and from 10 a.m. until 6 p.m. on October
3, 2010.
Dated: August 30, 2010.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2010-23477 Filed 9-20-10; 8:45 am]
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