[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Proposed Rules]
[Pages 1564-1568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-169]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-1094]
RIN 1625-AA08
Special Local Regulation for Marine Event; Temporary Change of
Dates for Recurring Marine Event in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the enforcement
periods of special local regulations for recurring marine events in the
Fifth Coast Guard District. These regulations apply to four recurring
marine events that conduct a rescue at sea demonstration, an air show,
a swimming competition, and power boat races. Special local regulations
are necessary to provide for the safety of life on navigable waters
during these events. This action is intended to restrict vessel traffic
in a portion of the Severn River at Annapolis, MD, the Chester River
near Chestertown, MD, and Prospect Bay at Kent Island, MD during the
events.
DATES: Comments and related material must be received by the Coast
Guard on or before February 10, 2011.
The effective dates being proposed for this rule are from April 1
to September 1, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1094 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald L. Houck, Project Manager, Coast Guard Sector
Baltimore Waterways Management Division, at 410-576-2674 or e-mail at
[email protected]. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1094), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at
[[Page 1565]]
the Docket Management Facility. We recommend that you include your name
and a mailing address, an e-mail address, or a telephone number in the
body of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1094'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert USCG-2010-1094 and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The activities that
typically comprise marine events include: Sailing regattas, power boat
races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
This regulation proposes to temporarily change the enforcement
period of special local regulations for recurring marine events within
the Fifth Coast Guard District. This proposed regulation applies to
four marine events previously published at 33 CFR 100.501, Table to
Sec. 100.501.
The first event is the annual ``Safety at Sea Seminar,'' sponsored
by the U.S. Naval Academy, on the waters of the Severn River at
Annapolis, MD. The regulation at 33 CFR 100.501 is effective annually
for the Safety at Sea Seminar marine event. The event consists of
demonstrations of at sea rescues including surface and air platforms
held on and above the waters of the Severn River in Annapolis,
Maryland. Visual distress signal devices will be used and a helicopter
with small boats will be operating before a large fleet of spectator
crafts. Therefore, to ensure the safety of participants and support
vessels, 33 CFR 100.501 would be enforced for the duration of the
event. Under provisions of 33 CFR 100.501, from 11 a.m. to 1:30 p.m. on
April 2, 2011, vessels may not enter the regulated area unless they
receive permission from the Coast Guard Patrol Commander. Vessel
traffic may be allowed to transit the regulated area only when the
Patrol Commander determines it is safe to do so.
The second event is the annual ``Blue Angels Air Show,'' sponsored
by the U.S. Naval Academy, on the waters of the Severn River at
Annapolis, MD. The regulation at 33 CFR 100.501 is effective annually
for the Blue Angels Air Show marine event. The event consists of one
day for arrival and practice and another day for the Air Show held
above the waters of the Severn River, at Annapolis, Maryland. High
performance military aircraft will conduct maneuvers before a large
fleet of spectator crafts. Therefore, to ensure the safety of
participants and support vessels, 33 CFR 100.501 would be enforced for
the duration of the event. Under provisions of 33 CFR 100.501, from
10:30 a.m. to 4 p.m. on May 24, 2011 and from 1:30 p.m. to 4 p.m. on
May 25, 2011, vessels may not enter the regulated area unless they
receive permission from the Coast Guard Patrol Commander. Vessel
traffic may be allowed to transit the regulated area only when the
Patrol Commander determines it is safe to do so.
The third event is the annual ``Maryland Swim for Life,'' sponsored
by the District of Columbia Aquatics Club, on the waters of the Chester
River near Chestertown, MD. The regulation at 33 CFR 100.501 is
effective annually for the Maryland Swim for Life marine event. The
event is an open water swimming competition held on the waters of the
Chester River, near Chestertown, Maryland. Approximately 200 swimmers
will start from Rolph's Wharf and swim up-river 2.5 miles then swim
down-river returning back to Rolph's Wharf. A large fleet of support
vessels accompany the swimmers. Therefore, to ensure the safety of
participants and support vessels, 33 CFR 100.501 would be enforced for
the duration of the event. Under provisions of 33 CFR 100.501, from
5:30 a.m. to 2:30 p.m. on June 25, 2011, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander. Vessel traffic may be allowed to transit the
regulated area only when the Patrol Commander determines it is safe to
do so.
The fourth event is the annual ``Thunder on the Narrows'',
sponsored by the Kent Narrows Racing Association on the waters of
Prospect Bay at Kent Island, MD. The regulation at 33 CFR 100.501 is
effective annually for the Thunder on the Narrows marine event. The
event consists of two days of power boat racing on the waters of
Prospect Bay, at Kent Island, Maryland. High performance power boats
will race on a designated course before a large fleet of spectator
crafts. Therefore, to ensure the safety of participants and support
vessels, 33 CFR 100.501 would be enforced for the duration of the
event. Under provisions of 33 CFR 100.501, from 9:30 a.m. to 6:30 p.m.
on June 25, 2011 and from 9:30 a.m. to 6:30 p.m. on June 26, 2011,
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander. Vessel traffic may be allowed to
transit the regulated area only when the Patrol Commander determines it
is safe to do so.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.501 by changing the date of enforcement in the table to
Sec. 100.501. The Coast Guard proposes to
[[Page 1566]]
temporarily change the enforcement periods of special local regulations
for recurring marine events within the Fifth Coast Guard District. This
NPRM applies to the marine events below.
Severn River, Annapolis, MD
The Table to Sec. 100.501, event No. 13 establishes the
enforcement date for the Safety at Sea Seminar. This regulation
proposes to temporarily change the enforcement date from ``March--4th
or last Saturday'' to the first Saturday in April, holding the annual
marine event on April 2, 2011. The U.S. Naval Academy, which is the
sponsor for this event, intends to hold this event annually; however,
they have changed the date of the event for 2011 so that it is outside
the scope of the existing enforcement period. Due to the need for
vessel control while high performance aircraft are conducting maneuvers
above the Severn River, vessel traffic would be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.
Severn River, Annapolis, MD
The Table to Sec. 100.501, event No. 19 establishes the
enforcement date for the Blue Angels Air Show. This regulation proposes
to temporarily change the enforcement date from ``May--3rd Tuesday and
Wednesday'' to the fourth Tuesday and Wednesday in May, holding the
annual marine event on May 24, 2011 and May 25, 2011. The U.S. Naval
Academy, which is the sponsor for this event, intends to hold this
event as it usually does on the Tuesday and Wednesday before Memorial
Day annually; however, the existing enforcement period listed in the
permanent regulation does not accurately reflect these dates. Due to
the need for vessel control while high performance aircraft are
conducting maneuvers above the Severn River, vessel traffic would be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.
Chester River, Chestertown, MD
The Table to Sec. 100.501, event No. 21 establishes the
enforcement date for the Maryland Swim for Life. This regulation
proposes to temporarily change the enforcement date from ``June--3rd
Saturday or July--3rd Saturday'' to the fourth or last Saturday in
June, holding their 20th annual marine event on June 25, 2011. The
District of Columbia Aquatics Club, which is the sponsor for this
event, intends to hold this event annually; however, they have changed
the date of the event for 2011 so that it is outside the scope of the
existing enforcement period. Due to the need for vessel control while
swimmers are in the water along the Chester River, vessel traffic would
be temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.
Prospect Bay, Kent Island, MD
The Table to Sec. 100.501, event No. 23 establishes the
enforcement date for the Thunder on the Narrows. This regulation
proposes to temporarily change the enforcement date from ``August--1st
Saturday and Sunday'' to the fourth Saturday and Sunday in June,
holding the annual marine event on June 25, 2011 and June 26, 2011. The
Kent Narrows Racing Association, which is the sponsor for this event,
intends to hold this event annually; however, they have changed the
date of the event for 2011 so that it is outside the scope of the
existing enforcement period. Due to the need for vessel control while
high performance power boats are racing on Prospect Bay, vessel traffic
would be temporarily restricted to provide for the safety of
participants, spectators and transiting vessels.
Regulatory Analyses
We developed this proposed 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
The proposed 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 proposed rule prevents traffic from transiting a
portion of certain waterways during specified events, 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, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec. 100.501. In some cases
vessel traffic may 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 proposed 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 proposed
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 or anchor in the area where
the marine events are being held. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during marine events that have been permitted by
the Coast Guard Captain of the Port. The Captain of the Port will
ensure that small entities are able to operate in the areas where
events are occurring when it is safe to do so. In some cases, vessels
will be able to safely transit around the regulated area at various
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the individual listed under FOR
FURTHER INFORMATION CONTACT at the beginning of this rule. The Coast
Guard will not retaliate against small entities that
[[Page 1567]]
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions, under paragraph 34(h), which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves implementation of regulations within 33 CFR Part 100
that apply to organized marine events on the navigable waters of the
United States that may have potential for negative impact on the safety
or other interest 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, and sail board racing. 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. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. In Sec. 100.501, suspend entries No. 13, No. 19, No. 21 and No.
23 in the Table to Sec. 100.501.
3. In the Table to Sec. 100.501, add entries 65, 66, 67, and 68 to
read as follows:
Sec. 100.501-T05-1094 Special Local Regulations; Recurring Marine
Event in the Fifth Coast Guard District.
* * * * *
Table To Sec. 100.501.-All coordinates listed in the Table to
Sec. 100.501 reference Datum NAD 1983.
[[Page 1568]]
Coast Guard Sector Baltimore--COTP Zone
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Number Date Event Sponsor Location
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* * * * * * *
65.............. April 2, 2011...... Safety at Sea U.S. Naval Academy All waters of the Severn River
Seminar. from shoreline to shoreline,
bounded to the northwest by a
line drawn from the south
shoreline at latitude
39[deg]00'38.9'' N., longitude
076[deg]31'05.2'' W. thence to
the north shoreline at latitude
39[deg]00'54.7'' N., longitude
076[deg]30'44.8'' W., this line
is approximately 1300 yards
northwest of the U.S. 50 fixed
highway bridge. The regulated
area is bounded to the southeast
by a line drawn from the Naval
Academy Light at latitude
38[deg]58'39.5'' N., longitude
076[deg]28'49'' W. thence
southeast to a point 700 yards
east of Chinks Point, MD, at
latitude 38[deg]58'1.9'' N.,
longitude 076[deg]28'1.7'' W.
thence northeast to Greenbury
Point at latitude 38[deg]58'29''
N., longitude 076[deg]27'16'' W.
* * * * * * *
66.............. May 24 and 25, 2011 Blue Angels Air U.S. Naval Academy All waters of the Severn River
Show. from shoreline to shoreline,
bounded to the northwest by a
line drawn from the south
shoreline at latitude
39[deg]00'38.9'' N., longitude
076[deg]31'05.2'' W. thence to
the north shoreline at latitude
39[deg]00'54.7'' N., longitude
076[deg]30'44.8'' W., this line
is approximately 1300 yards
northwest of the U.S. 50 fixed
highway bridge. The regulated
area is bounded to the southeast
by a line drawn from the Naval
Academy Light at latitude
38[deg]58'39.5'' N., longitude
076[deg]28'49'' W. thence
southeast to a point 700 yards
east of Chinks Point, MD, at
latitude 38[deg]58'1.9'' N.,
longitude 076[deg]28'1.7'' W.
thence northeast to Greenbury
Point at latitude 38[deg]58'29''
N., longitude 076[deg]27'16'' W.
* * * * * * *
67.............. June 25, 2011...... Maryland Swim for District of The waters of the Chester River
Life. Columbia Aquatics from shoreline to shoreline,
Club. bounded on the south by a line
drawn at latitude 39[deg]10'16''
N., near the Chester River
Channel Buoy 35 (LLN-26795) and
bounded on the north at latitude
39[deg]12'30'' N by the Maryland
S.R. 213 Highway Bridge.
* * * * * * *
68.............. June 25 and 26, Thunder on the Kent Narrows All waters of Prospect Bay
2011. Narrows. Racing enclosed by the following
Association. points: Latitude
38[deg]57'52.0'' N., longitude
076[deg]14'48.0'' W., to
latitude 38[deg]58'02.0'' N.,
longitude 076[deg]15'05.0'' W.,
to latitude 38[deg]57'38.0'' N.,
longitude 076[deg]15'29.0'' W.,
to latitude 38[deg]57'28.0'' N.,
longitude 076[deg]15'23.0'' W.,
to latitude 38[deg]57'52.0'' N.,
longitude 076[deg]14'48.0'' W.
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* * * * *
Dated: December 16, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, MD.
[FR Doc. 2011-169 Filed 1-10-11; 8:45 am]
BILLING CODE 9110-04-P