Special Local Regulations for Marine Events; Susquehanna River, Port Deposit, MD, 48479-48481 [05-16415]
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations
2. Add temporary § 100.35–T05–090 to
read as follows:
I
§ 100.35–T05–090 Patuxent River,
Solomons, Maryland.
(a) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the 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.
(b) Regulated area includes all waters
of the lower Patuxent River, near
Solomons, Maryland, located between
Fishing Point and the base of the
breakwall marking the entrance to the
East Seaplane Basin at Naval Air Station
Patuxent River. The regulated area is
approximately 850 yards long and 700
yards wide, bounded by a line
connecting position, 38°17′58.4″ N,
076°25′28″ W; along the shoreline to
38°17′38.6″ N, 076°25′47.7″ W; thence to
38°17′51.5″ N, 076°26′08.6″ W; thence to
38°18′10.7″ N, 076°25′48.8″ W; thence to
point of origin. All coordinates
reference Datum NAD 1983.
(c) Special local regulations. (1)
Except for 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.
(d) Effective period. This section is
effective from 9 a.m. on September 2,
2005 to 5 p.m. on September 4, 2005.
Dated: August 5, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–16414 Filed 8–17–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–05–091]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Susquehanna River, Port
Deposit, MD
AGENCY:
Coast Guard, DHS.
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09:27 Aug 17, 2005
Jkt 205001
ACTION:
Temporary final rule.
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for ‘‘Ragin’ on the River’’, a
power boat race to be held on the waters
of the Susquehanna River adjacent to
Port Deposit, 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 the Susquehanna
River adjacent to Port Deposit, Maryland
during the power boat race.
DATES: This rule is effective from 11:30
a.m. on September 3, 2005 to 6:30 p.m.
on September 4, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–05–
091 and are available for inspection or
copying at Commander (oax), Fifth
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
D.M. Sens, Project Manager, Auxiliary
and Recreational Boating Safety Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Because
the event organizer provided the Coast
Guard late notice of the event, there is
not sufficient time for the publishing of
an NPRM before the event. The event
will take place on September 3 and 4,
2005. Publishing an NPRM would be
contrary to the public interest as there
is not sufficient time for a notice and
comment period. Immediate action is
needed to protect the safety of life at sea
from the danger posed by high-speed
power boats. For the safety concerns
noted, it is in the public interest to have
the regulations in effect during the
event.
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, spectator craft and other
vessels transiting the event area.
However advance notifications will be
made to affected waterway users via
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Fmt 4700
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48479
marine information broadcasts and area
newspapers.
Background and Purpose
On September 3 and 4, 2005, the
Perryville Chamber of Commerce will
sponsor the ‘‘Ragin’ on the River’’, on
the waters of the Susquehanna River.
The event will consist of approximately
60 inboard hydroplanes and runabouts
racing in heats counter-clockwise
around an oval racecourse. A fleet of
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 Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of the Susquehanna
River adjacent to Port Deposit,
Maryland. The regulated area includes a
section of the Susquehanna River
approximately 3500 yards long, and
bounded in width by each shoreline.
The temporary special local regulations
will be enforced from 11:30 a.m. to 6:30
p.m. on September 3 and 4, 2005, and
will restrict general navigation in the
regulated area during the power boat
race. Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area
during the enforcement period.
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this temporary rule to be so minimal
that a full Regulatory Evaluation under
the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of the
Susquehanna River adjacent to Port
Deposit, Maryland 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 marine information
broadcasts and area newspapers so
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations
mariners can adjust their plans
accordingly.
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Small Entities
Collection of Information
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 may be small
entities: the owners or operators of
vessels intending to transit this section
of the Susquehanna River 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 will be in
effect for only a short period, from 11:30
a.m. to 6:30 p.m. on September 3 and 4,
2005. Although the regulated area will
apply to the entire width of the river,
traffic may be allowed to pass through
the regulated area with the permission
of the Coast Guard Patrol Commander.
In the case where the Patrol Commander
authorizes passage through the
regulated area during the event, vessels
shall proceed at the minimum speed
necessary to maintain a safe course that
reduces wake near the race course.
Before the enforcement period, we will
issue maritime advisories so mariners
can adjust their plans accordingly.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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.
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
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09:27 Aug 17, 2005
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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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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,
which guides 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. Special local
regulations issued in conjunction with a
regatta or marine event permit are
specifically excluded from further
analysis and documentation under those
sections.
E:\FR\FM\18AUR1.SGM
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Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I 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
to exceed six (6) knots necessary to
maintain a safe course that reduces
wake near the race course.
(d) Enforcement period. This section
will be enforced from 11:30 a.m. to 6:30
p.m. on September 3 and 4, 2005. If the
races are postponed due to weather,
then the temporary special local
regulations will be enforced during the
same time period on September 5, 2005.
Dated: August 5, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–16415 Filed 8–17–05; 8:45 am]
BILLING CODE 4910–15–P
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
2. Add a temporary section, § 100.35–
T05–091 to read as follows:
Federal Emergency Management
Agency
§ 100.35–T05–091 Susquehanna River,
Port Deposit, Maryland.
44 CFR Part 64
I
(a) Regulated area. The regulated area
is established for the waters of the
Susquehanna River, adjacent to Port
Deposit, Maryland, from shoreline to
shoreline, bounded on the south by the
U.S. I–95 fixed highway bridge, and
bounded on the north by a line running
southwesterly from a point along the
shoreline at latitude 39°36′22″ N,
longitude 076°07′08″ W, thence to
latitude 39°36′00″ N, longitude
076°07′46″ W. All coordinates reference
Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the 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.
(c) Special local regulations. (1)
Except for 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 stop the vessel
immediately when directed to do so by
any Official Patrol.
(3) All persons and vessels must
comply with the instructions of the
Official Patrol. The operator of a vessel
in the regulated area shall stop the
vessel immediately when instructed to
do so by the Official Patrol and then
proceed as directed. When authorized to
transit the regulated area, all vessels
shall proceed at a minimum speed not
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[Docket No. FEMA–7889]
Suspension of Community Eligibility
Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,
Department of Homeland Security.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
EFFECTIVE DATES: The effective date of
each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you wish to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
FOR FURTHER INFORMATION CONTACT:
Michael M. Grimm, Mitigation Division,
500 C Street, SW., Room 412,
Washington, DC 20472, (202) 646–2878.
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48481
The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the
National Flood Insurance Program, 42
U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59 et seq. Accordingly, the communities
will be suspended on the effective date
in the third column. As of that date,
flood insurance will no longer be
available in the community. However,
some of these communities may adopt
and submit the required documentation
of legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, the Federal Emergency
Management Agency has identified the
special flood hazard areas in these
communities by publishing a Flood
Insurance Rate Map (FIRM). The date of
the FIRM if one has been published, is
indicated in the fourth column of the
table. No direct Federal financial
assistance (except assistance pursuant to
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in
connection with a flood) may legally be
provided for construction or acquisition
of buildings in the identified special
flood hazard area of communities not
participating in the NFIP and identified
for more than a year, on the Federal
Emergency Management Agency’s
initial flood insurance map of the
community as having flood-prone areas
(section 202(a) of the Flood Disaster
Protection Act of 1973, 42 U.S.C.
4106(a), as amended). This prohibition
against certain types of Federal
assistance becomes effective for the
communities listed on the date shown
in the last column. The Administrator
finds that notice and public comment
under 5 U.S.C. 553(b) are impracticable
and unnecessary because communities
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Rules and Regulations]
[Pages 48479-48481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16415]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-091]
RIN 1625-AA08
Special Local Regulations for Marine Events; Susquehanna River,
Port Deposit, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for ``Ragin' on the River'', a power boat race to be held
on the waters of the Susquehanna River adjacent to Port Deposit,
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 the Susquehanna
River adjacent to Port Deposit, Maryland during the power boat race.
DATES: This rule is effective from 11:30 a.m. on September 3, 2005 to
6:30 p.m. on September 4, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-05-091 and are available for
inspection or copying at Commander (oax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: D.M. Sens, Project Manager, Auxiliary
and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Because the event organizer
provided the Coast Guard late notice of the event, there is not
sufficient time for the publishing of an NPRM before the event. The
event will take place on September 3 and 4, 2005. Publishing an NPRM
would be contrary to the public interest as there is not sufficient
time for a notice and comment period. Immediate action is needed to
protect the safety of life at sea from the danger posed by high-speed
power boats. For the safety concerns noted, it is in the public
interest to have the regulations in effect during the event.
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, spectator craft and other
vessels transiting the event area. However advance notifications will
be made to affected waterway users via marine information broadcasts
and area newspapers.
Background and Purpose
On September 3 and 4, 2005, the Perryville Chamber of Commerce will
sponsor the ``Ragin' on the River'', on the waters of the Susquehanna
River. The event will consist of approximately 60 inboard hydroplanes
and runabouts racing in heats counter-clockwise around an oval
racecourse. A fleet of 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 Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Susquehanna River adjacent to Port Deposit,
Maryland. The regulated area includes a section of the Susquehanna
River approximately 3500 yards long, and bounded in width by each
shoreline. The temporary special local regulations will be enforced
from 11:30 a.m. to 6:30 p.m. on September 3 and 4, 2005, and will
restrict general navigation in the regulated area during the power boat
race. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area during the enforcement period.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the Susquehanna River adjacent to Port Deposit, Maryland 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 marine information broadcasts and area newspapers so
[[Page 48480]]
mariners can adjust their plans accordingly.
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
may be small entities: the owners or operators of vessels intending to
transit this section of the Susquehanna River 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 will be in effect for only a short period, from 11:30 a.m. to 6:30
p.m. on September 3 and 4, 2005. Although the regulated area will apply
to the entire width of the river, traffic may be allowed to pass
through the regulated area with the permission of the Coast Guard
Patrol Commander. In the case where the Patrol Commander authorizes
passage through the regulated area during the event, vessels shall
proceed at the minimum speed necessary to maintain a safe course that
reduces wake near the race course. 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.
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 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,
which guides 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. Special local regulations issued in
conjunction with a regatta or marine event permit are specifically
excluded from further analysis and documentation under those sections.
[[Page 48481]]
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.
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, Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary section, Sec. 100.35-T05-091 to read as follows:
Sec. 100.35-T05-091 Susquehanna River, Port Deposit, Maryland.
(a) Regulated area. The regulated area is established for the
waters of the Susquehanna River, adjacent to Port Deposit, Maryland,
from shoreline to shoreline, bounded on the south by the U.S. I-95
fixed highway bridge, and bounded on the north by a line running
southwesterly from a point along the shoreline at latitude
39[deg]36'22'' N, longitude 076[deg]07'08'' W, thence to latitude
39[deg]36'00'' N, longitude 076[deg]07'46'' W. All coordinates
reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the 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.
(c) Special local regulations. (1) Except for 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 stop the
vessel immediately when directed to do so by any Official Patrol.
(3) All persons and vessels must comply with the instructions of
the Official Patrol. The operator of a vessel in the regulated area
shall stop the vessel immediately when instructed to do so by the
Official Patrol and then proceed as directed. When authorized to
transit the regulated area, all vessels shall proceed at a minimum
speed not to exceed six (6) knots necessary to maintain a safe course
that reduces wake near the race course.
(d) Enforcement period. This section will be enforced from 11:30
a.m. to 6:30 p.m. on September 3 and 4, 2005. If the races are
postponed due to weather, then the temporary special local regulations
will be enforced during the same time period on September 5, 2005.
Dated: August 5, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-16415 Filed 8-17-05; 8:45 am]
BILLING CODE 4910-15-P
