[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Rules and Regulations]
[Page 50212-50214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au07-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. CGD05-07-046]
RIN 1625-AA08
Special Local Regulations for Marine Events; Choptank River,
Cambridge, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Cambridge Offshore Challenge,'' a marine event
to be held on the waters of the Choptank River at Cambridge, 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 the Choptank River during the event.
DATES: This rule is effective from 10:30 a.m. on September 22, 2007
through 5:30 p.m. on September 23, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-07-046 and are available for inspection or
copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, Room 416 between 9 a.m. and 2
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, Marine Event
Coordinator, Coast Guard Sector Baltimore, at (410) 576-2674 or e-mail
at Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 16, 2007, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Choptank
River, Cambridge, MD in the Federal Register (72 FR 38804). 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. 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 Choptank River via marine
information broadcasts, local notice to mariners, commercial radio
stations, and area newspapers.
Background and Purpose
On September 22 and 23, 2007, the Chesapeake Bay Powerboat
Association will sponsor the ``2007 Cambridge Offshore Challenge,'' on
the waters of the Choptank River at Cambridge, Maryland. The event will
consist of approximately 60 offshore powerboats conducting high-speed
competitive races between the Route 50 Bridge and Oystershell Point,
MD. A fleet of approximately 250 spectator vessels is expected to
gather nearby to view the competition. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of participants, spectators and 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 Choptank River, near Cambridge,
Maryland.
Regulatory Evaluation
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. We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
Although this regulation will prevent traffic from transiting a
portion of the Choptank 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. Extensive advance notifications will
be made to the maritime community via 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 will be
able to transit the regulated area between heats, 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 a portion of the Choptank 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 will
be able to transit the regulated area between heats, when the Coast
Guard Patrol Commander deems it
[[Page 50213]]
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), 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. 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 Fifth Coast Guard District
at the address listed under ADDRESSES. 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.
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 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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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
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. We have made a determination that this action is not
likely to have a significant effect on the human environment. The
proposed marine event consisting of power boats conducting high speed
races along a marked race course within the Choptank River does not
introduce any significant environmental impacts in the area of the
event and/or adjacent waterways.
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 Sec. 100.35-T05-046 to read as follows:
Sec. 100.35-T05-046 Choptank River, Cambridge, MD.
(a) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the
[[Page 50214]]
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 includes all vessels participating in the 2007
Cambridge Offshore Challenge under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector Baltimore.
(b) Regulated area includes all waters of the Choptank River, from
shoreline to shoreline, bounded to the west by the Route 50 Bridge and
bounded to the east by a line drawn along longitude 076[deg] W, between
Goose Point, MD and Oystershell Point, MD. 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 must:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(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 race course.
(d) Enforcement period. This section will be enforced from 10:30
a.m. on September 22, 2007 to 5:30 p.m. on September 23, 2007.
Dated: August 23, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E7-17337 Filed 8-30-07; 8:45 am]
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