Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD, 6715-6718 [E6-1738]
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
Federalism
Energy Effects
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.
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.
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
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.
wwhite on PROD1PC61 with PROPOSALS
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.
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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 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 that
section.
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. Comments on this
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6715
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
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. In § 100.533, revise paragraph (d),
to read as follows:
§ 100.533 Maryland Swim for Life, Chester
River, Chestertown, Maryland.
*
*
*
*
*
(d) Enforcement period. (1) This
section will be enforced annually on the
third Saturday in June. A notice of
enforcement of this section will be
published annually in the Federal
Register and disseminated through the
Fifth Coast Guard District Local Notice
to Mariners announcing the specific
event dates and times. Notice will also
be made via marine Safety Radio
Broadcast on VHF–FM marine band
radio channel 22 (157.1 MHz).
(2) For 2006, this section will be
enforced from 6:30 a.m. to 1:30 p.m. on
June 17, 2006.
Dated: January 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E6–1740 Filed 2–8–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–007]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Severn River, College Creek,
Weems Creek and Carr Creek,
Annapolis, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
suspend the special local regulations at
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
33 CFR 100.518 and establish a
temporary rule that will be effective
during the suspension period. This
rulemaking is intended to accommodate
a change in event dates for the year 2006
and modify the boundaries of the
regulated area. The marine events
included in this proposed rule include
the Safety at Sea Seminar, U.S. Naval
Academy Crew Races and the Blue
Angels Air Show. This proposed rule is
intended to restrict vessel traffic in
portions of the Severn River during the
period of these marine events and is
necessary to provide for the safety of life
on navigable waters during the event.
Comments and related material
must reach the Coast Guard on or before
March 13, 2006.
DATES:
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Dennis M. Sens, Project Manager,
Auxiliary and Recreational Boating
Safety Branch, at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
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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 (CGD05–06–007),
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 81⁄2 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.
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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
For 2006, we propose to suspend 33
CFR 100.518 and issue a temporary rule
to accommodate changes to the
enforcement period for U.S. Naval
Academy sponsored marine events. The
dates for the marine events for 2006 will
be; the Safety at Sea Seminar on April
1, 2006, the U.S. Naval Academy crew
races on March 25, April 15, April 22,
April 23, May 12 and May 28, 2006; and
the Blue Angels air show on May 23 and
May 24, 2006. The events will be
enforced from 5 a.m. to 6 p.m. on those
days and if the event’s daily activities
should conclude prior to 6 p.m.,
enforcement of this proposed regulation
may be terminated for that day at the
discretion of the Patrol Commander.
The U.S. Naval Academy who is the
sponsor for all of these events intends
to hold them annually on the dates
provided in 33 CFR 100.518, however,
in 2006, this is not possible. To
accommodate the availability of the
various marine event participants new
dates were necessary to support the
conduct of the events. The Coast Guard
proposes to suspend 33 CFR 100.518
only from March 1, 2006 through June
1, 2006, which would also be the
effective period of our proposed
temporary rule.
33 CFR 100.518 would also be
amended to reflect changes in the
regulated area. The proposed northwest
boundary of the regulated area is
bounded by a line approximately 1300
yards north and parallel with the U.S.
50 Severn River Bridge. The proposed
southeast boundary of the regulated area
is extended approximately 1100 yards to
the south to a point 700 yards east of
Chinks Point, MD. These adjustments to
the regulated area have been made to
accommodate the aerobatic
maneuvering area for the Blue Angels
Air Show and encompass the rowing
course for Naval Academy Crew Races.
The proposed temporary rule also
reflects these new regulated area
boundaries.
Discussion of Proposed Rule
The Coast Guard proposes to suspend
the regulations at 33 CFR 100.518 from
March 1, 2006 through June 1, 2006 and
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establish a temporary rule that will be
in effect during the time of the
suspension. The suspension and
creation of a new temporary rule is
necessary to reflect new enforcement
dates. The Coast Guard also proposes to
adjust the boundaries of the regulated
area for these events in both 33 CFR
100.518 and the temporary rule. These
proposed changes are needed to control
vessel traffic during the events to
enhance the safety of participants,
spectators and transiting vessels.
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. The effect of this
proposed action merely establishes the
dates on which the existing regulations
would be enforced and modifies the
boundaries of the regulated area. It
would not impose any additional
restrictions on vessel traffic.
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 the Severn
River 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 merely establish the dates on
which the existing regulations would be
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
enforced and modify the boundaries of
the regulated area. It would not impose
any additional restrictions on vessel
traffic.
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.
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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 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.
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.
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.).
wwhite on PROD1PC61 with PROPOSALS
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
VerDate Aug<31>2005
20:19 Feb 08, 2006
Jkt 208001
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.
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
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6717
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 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 that
section.
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. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
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. Revise § 100.518, paragraphs (a)(1)
and (c)(1) to read as follows:
§ 100.518 Severn River, College Creek,
Weems Creek and Carr Creek, Annapolis,
Maryland.
(a) Regulated area. (1) The regulated
area is established for the waters of the
Severn River from shoreline to
shoreline, bounded to the northwest by
a line drawn from the south shoreline at
latitude 39°00′38.9″ N, longitude
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Federal Register / Vol. 71, No. 27 / Thursday, February 9, 2006 / Proposed Rules
076°31′05.2″ W thence to the north
shoreline at latitude 39°00′54.7″ N,
longitude 076°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°58′39.5″ N, longitude 076°28′49″ W
thence southeast to a point 700 yards
east of Chinks Point, MD at latitude
38°58′1.9″ N, longitude 076°28′1.7″ W
thence northeast to Greenbury Point at
latitude 38°58′29″ N, longitude
076°27′16″ W. All coordinates reference
Datum NAD 1983.
*
*
*
*
*
(c) Enforcement period. (1) This
section will be enforced during, and 30
minutes before each of the following
annual events:
*
*
*
*
*
§ 100.518
[Suspended]
3. From March 1, 2006 through June
1, 2006, suspend § 100.518.
4. From March 1, 2006 through June
1, 2006, add temporary § 100.35–T06–
007 to read as follows:
wwhite on PROD1PC61 with PROPOSALS
§ 100.35–T06–007, Severn River, College
Creek, Weems Creek and Carr Creek,
Annapolis, Maryland.
(a) Regulated area. (1) The regulated
area is established for the waters of the
Severn River from shoreline to
shoreline, bounded to the northwest by
a line drawn from the south shoreline at
latitude 39°00′38.9″ N, longitude
076°31′05.2″ W thence to the north
shoreline at latitude 39°00′54.7″ N,
longitude 076°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°58′39.5″ N, longitude 076°28′49″ W
thence southeast to a point 700 yards
east of Chinks Point, MD at latitude
38°58′1.9″ N, longitude 076°28′1.7″ W
thence northeast to Greenbury Point at
latitude 38°58′29″ N, longitude
076°27′16″ 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
Hampton Roads.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Hampton Roads
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
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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
immediate vicinity of the regulated area
shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(3) Any spectator vessel may anchor
outside of the regulated area specified in
paragraph (a)(1) of this section but may
not block a navigable channel.
(d) Enforcement period. (1) This
section will be enforced from 5 a.m. to
6 p.m. on those days and if the event’s
daily activities should conclude prior to
6 p.m., enforcement of this proposed
regulation may be terminated for that
day at the discretion of the Patrol
Commander. Enforcement will be
during, and 30 minutes before each of
the following annual events:
(i) Safety at Sea Seminar, April 1,
2006;
(ii) Naval Academy Crew Races,
March 25, April 15, April 22, April 23,
May 12 and May 28, 2006;
(iii) Blue Angels Air Show, May 23
and May 24, 2006.
(2) The Commander, Fifth Coast
Guard District will publish a notice in
the Fifth Coast Guard District Local
Notice to Mariners announcing the
specific event times.
(e) Effective period. This section is
effective from March 1, 2006 through
June 1, 2006.
Dated: January 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E6–1738 Filed 2–8–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2005–0175; FRL–8030–6]
Transition to New or Revised
Particulate Matter (PM); National
Ambient Air Quality Standards
(NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Advance Notice of Proposed
Rulemaking (ANPR).
AGENCY:
SUMMARY: The EPA recently issued a
notice of proposed revisions to the
national ambient air quality standards
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(NAAQS) for particulate matter (PM).
EPA will take final action on the
proposal by September 27, 2006. This
notice provides advance notice of key
issues for consideration in the
development of potentially new or
revised policies and/or regulations to
implement revisions to the NAAQS for
PM recognizing that no final decision
has been made concerning whether or
how to revise the PM NAAQS. The EPA
is posing a number of questions related
to the transition from the current to
potentially revised PM2.5 standards, as
well as the transition from the current
PM10 standards to potentially new
PM10–2.5 standards. In this ANPR, EPA is
soliciting comment on the Agency’s
preferred approaches to revocation of
the 1997 PM2.5 standards once any new
2006 PM2.5 standards would be in place,
and also approaches to revocation of the
24-hour PM10 standard in areas where it
would remain after promulgation of any
new PM10–2.5 standards. The EPA is also
highlighting and providing preliminary
thinking on how to address some of the
key New Source Review (NSR) issues
related to the new PM10–2.5 standards,
and the transition from PM10 standards
to PM10–2.5 standards. Finally, EPA is
requesting comment on potential
timeframes for designations, attainment
demonstrations and State
Implementation Plan (SIP) submittals
and attainment dates for both any new
PM2.5 and PM10–2.5 standards.
DATES: Comments must be received on
or before April 10, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0175, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: A-and-R-Docket@epa.gov,
Attention Docket ID No. EPA–HQ–
OAR–2005–0175.
• Fax: Fax your comments to (202)
566–1741, Attention Docket ID. No.
EPA–HQ–OAR–2005–0175.
• Mail: Docket EPA–HQ–OAR–2005–
0175 Environmental Protection Agency,
Mail Code: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC, 20460.
Please include a total of two copies.
• Hand Delivery: Deliver your
comments to: Air Docket,
Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B102,
Washington, DC 20004, Attention
Docket ID No. EPA–HQ–OAR–2005–
0175. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
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]]>Agencies
[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Proposed Rules]
[Pages 6715-6718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1738]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-007]
RIN 1625-AA08
Special Local Regulations for Marine Events; Severn River,
College Creek, Weems Creek and Carr Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to suspend the special local
regulations at
[[Page 6716]]
33 CFR 100.518 and establish a temporary rule that will be effective
during the suspension period. This rulemaking is intended to
accommodate a change in event dates for the year 2006 and modify the
boundaries of the regulated area. The marine events included in this
proposed rule include the Safety at Sea Seminar, U.S. Naval Academy
Crew Races and the Blue Angels Air Show. This proposed rule is intended
to restrict vessel traffic in portions of the Severn River during the
period of these marine events and is necessary to provide for the
safety of life on navigable waters during the event.
DATES: Comments and related material must reach the Coast Guard on or
before March 13, 2006.
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: Dennis M. Sens, 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 (CGD05-06-
007), 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.
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
For 2006, we propose to suspend 33 CFR 100.518 and issue a
temporary rule to accommodate changes to the enforcement period for
U.S. Naval Academy sponsored marine events. The dates for the marine
events for 2006 will be; the Safety at Sea Seminar on April 1, 2006,
the U.S. Naval Academy crew races on March 25, April 15, April 22,
April 23, May 12 and May 28, 2006; and the Blue Angels air show on May
23 and May 24, 2006. The events will be enforced from 5 a.m. to 6 p.m.
on those days and if the event's daily activities should conclude prior
to 6 p.m., enforcement of this proposed regulation may be terminated
for that day at the discretion of the Patrol Commander.
The U.S. Naval Academy who is the sponsor for all of these events
intends to hold them annually on the dates provided in 33 CFR 100.518,
however, in 2006, this is not possible. To accommodate the availability
of the various marine event participants new dates were necessary to
support the conduct of the events. The Coast Guard proposes to suspend
33 CFR 100.518 only from March 1, 2006 through June 1, 2006, which
would also be the effective period of our proposed temporary rule.
33 CFR 100.518 would also be amended to reflect changes in the
regulated area. The proposed northwest boundary of the regulated area
is bounded by a line approximately 1300 yards north and parallel with
the U.S. 50 Severn River Bridge. The proposed southeast boundary of the
regulated area is extended approximately 1100 yards to the south to a
point 700 yards east of Chinks Point, MD. These adjustments to the
regulated area have been made to accommodate the aerobatic maneuvering
area for the Blue Angels Air Show and encompass the rowing course for
Naval Academy Crew Races. The proposed temporary rule also reflects
these new regulated area boundaries.
Discussion of Proposed Rule
The Coast Guard proposes to suspend the regulations at 33 CFR
100.518 from March 1, 2006 through June 1, 2006 and establish a
temporary rule that will be in effect during the time of the
suspension. The suspension and creation of a new temporary rule is
necessary to reflect new enforcement dates. The Coast Guard also
proposes to adjust the boundaries of the regulated area for these
events in both 33 CFR 100.518 and the temporary rule. These proposed
changes are needed to control vessel traffic during the events to
enhance the safety of participants, spectators and transiting vessels.
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. The effect of this proposed
action merely establishes the dates on which the existing regulations
would be enforced and modifies the boundaries of the regulated area. It
would not impose any additional restrictions on vessel traffic.
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 the
Severn River 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 merely establish the dates on which the existing
regulations would be
[[Page 6717]]
enforced and modify the boundaries of the regulated area. It would not
impose any additional restrictions on vessel traffic.
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 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.
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 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 that section.
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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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. Revise Sec. 100.518, paragraphs (a)(1) and (c)(1) to read as
follows:
Sec. 100.518 Severn River, College Creek, Weems Creek and Carr Creek,
Annapolis, Maryland.
(a) Regulated area. (1) The regulated area is established for the
waters of the Severn River from shoreline to shoreline, bounded to the
northwest by a line drawn from the south shoreline at latitude
39[deg]00[min]38.9[sec] N, longitude
[[Page 6718]]
076[deg]31[min]05.2[sec] W thence to the north shoreline at latitude
39[deg]00[min]54.7[sec] N, longitude 076[deg]30[min]44.8[sec] 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[min]39.5[sec] N,
longitude 076[deg]28[min]49[sec] W thence southeast to a point 700
yards east of Chinks Point, MD at latitude 38[deg]58[min]1.9[sec] N,
longitude 076[deg]28[min]1.7[sec] W thence northeast to Greenbury Point
at latitude 38[deg]58[min]29[sec] N, longitude 076[deg]27[min]16[sec]
W. All coordinates reference Datum NAD 1983.
* * * * *
(c) Enforcement period. (1) This section will be enforced during,
and 30 minutes before each of the following annual events:
* * * * *
Sec. 100.518 [Suspended]
3. From March 1, 2006 through June 1, 2006, suspend Sec. 100.518.
4. From March 1, 2006 through June 1, 2006, add temporary Sec.
100.35-T06-007 to read as follows:
Sec. 100.35-T06-007, Severn River, College Creek, Weems Creek and
Carr Creek, Annapolis, Maryland.
(a) Regulated area. (1) The regulated area is established for the
waters of the Severn River from shoreline to shoreline, bounded to the
northwest by a line drawn from the south shoreline at latitude
39[deg]00[min]38.9[sec] N, longitude 076[deg]31[min]05.2[sec] W thence
to the north shoreline at latitude 39[deg]00[min]54.7[sec] N, longitude
076[deg]30[min]44.8[sec] 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[min]39.5[sec] N, longitude 076[deg]28[min]49[sec]
W thence southeast to a point 700 yards east of Chinks Point, MD at
latitude 38[deg]58[min]1.9[sec] N, longitude 076[deg]28[min]1.7[sec] W
thence northeast to Greenbury Point at latitude 38[deg]58[min]29[sec]
N, longitude 076[deg]27[min]16[sec] 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 Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads 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 immediate vicinity of the
regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(3) Any spectator vessel may anchor outside of the regulated area
specified in paragraph (a)(1) of this section but may not block a
navigable channel.
(d) Enforcement period. (1) This section will be enforced from 5
a.m. to 6 p.m. on those days and if the event's daily activities should
conclude prior to 6 p.m., enforcement of this proposed regulation may
be terminated for that day at the discretion of the Patrol Commander.
Enforcement will be during, and 30 minutes before each of the following
annual events:
(i) Safety at Sea Seminar, April 1, 2006;
(ii) Naval Academy Crew Races, March 25, April 15, April 22, April
23, May 12 and May 28, 2006;
(iii) Blue Angels Air Show, May 23 and May 24, 2006.
(2) The Commander, Fifth Coast Guard District will publish a notice
in the Fifth Coast Guard District Local Notice to Mariners announcing
the specific event times.
(e) Effective period. This section is effective from March 1, 2006
through June 1, 2006.
Dated: January 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-1738 Filed 2-8-06; 8:45 am]
BILLING CODE 4910-15-P
