[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Proposed Rules]
[Page 58640-58642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-03-132]
RIN 1625-AA08
Special Local Regulations for Marine Events; Spa Creek,
Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations during the ``International Tug-of-War'', a marine event to
be held over the waters of Spa Creek between Eastport and Annapolis,
Maryland. These 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 Spa Creek during the
event.
DATES: Comments and related material must reach the Coast Guard on or
before November 10, 2003.
ADDRESSES: You may mail comments and related material to Commander
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational
Boating Safety Branch, Fifth Coast Guard District, maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the above address between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-03-
132), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
In order to provide notice and an opportunity to comment before
issuing an effective rule, we are providing a shorter than normal
comment period. A 20-day comment period is sufficient to allow those
who might be affected by this rulemaking to submit their comments
because the regulations have a narrow, local application, and there
will be local notifications in addition to the Federal Register
publication such as press releases, marine information broadcasts, and
the Local Notice to Mariners. We also expect to make the final rule
effective less than 30 days
[[Page 58641]]
after its publication in the Federal Register.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one 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
On November 8, 2003, the City of Annapolis will sponsor the
``International Tug-of-War'' across the waters of Spa Creek between
Eastport and Annapolis, Maryland. The event will consist of a tug-of-
war between teams on the Eastport side of Spa Creek pulling against
teams on the Annapolis side of Spa Creek. The opposing teams will pull
a floating rope approximately 1800 feet in length, spanning Spa Creek.
A fleet of spectator vessels is anticipated. Due to the need for vessel
control while the rope is spanned across Spa Creek, vessel traffic
would be temporarily restricted to provide for the safety of
spectators, participants and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of Spa Creek. The regulated area would
include a 400' buffer on either side of the rope that would span Spa
Creek from shoreline to shoreline. The temporary special local
regulations would be enforced from 10:30 a.m. to 2:30 p.m. on November
8, 2003, and would restrict general navigation in the regulated area
during the event. Except for participants and vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the regulated area. The Coast Guard Patrol Commander may stop the
event to allow vessels to transit the regulated area.
Regulatory Evaluation
This 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this proposed regulation
would prevent traffic from transiting a portion of Spa Creek during the
event, the effect of this proposed regulation would not be significant
due to the limited duration that the regulated area would be in effect
and the extensive advance notifications that would 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 proposed regulated area has been
narrowly tailored to impose the least impact on general navigation yet
provide the level of safety deemed necessary. Vessel traffic would 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 proposed 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 a portion of Spa
Creek during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
proposed rule would be in effect for only a 4-hour period. Vessel
traffic would 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 would 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 proposed 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 proposed rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 address listed under
ADDRESSES.
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).
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
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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 proposed 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.
Environment
We prepared an ``Environmental Assessment'' in accordance with
Commandant Instruction M16475.1D, and determined that this proposed
rule would not significantly affect the quality of the human
environment. The ``Environmental Assessment'' and ``Finding of No
Significant Impact'' is 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.
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; Department of Homeland Security
Delegation No. 0170.1.
2. Add a temporary Sec. 100.35T-05-132 to read as follows: Sec.
100.35T-05-132, Spa Creek, Annapolis, MD.
(a) Regulated area. The regulated area is established for the
waters of Spa Creek from shoreline to shoreline, extending 400' from
either side of a rope spanning Spa Creek from a position at latitude
38[deg]58'37'' N, longitude 076[deg]29'04'' W on the Annapolis
shoreline to a position at 38[deg]58'26'' N, longitude 076[deg]28'54''
W on the Eastport shoreline. All coordinates reference Datum NAD 1983.
(b) Definitions:
Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Activities Baltimore.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Activities Baltimore with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
Participant means all vessels participating in the ``International
Tug of War'' under the auspices of the Marine Event Permit issued to
the event sponsor and approved by Commander, Coast Guard Activities
Baltimore.
(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.
(ii) Proceed as directed by any official patrol.
(iii) Unless otherwise directed by the official patrol, operate at
a minimum wake speed not to exceed six (6) knots.
(d) Effective dates: This section is in effect from 10:30 a.m. to
2:30 p.m. on November 8, 2003.
Dated: September 17, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-25680 Filed 10-9-03; 8:45 am]
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