Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD, 30771-30773 [E8-11938]
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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
entitled Special Local Regulations for
Marine Events; Severn River, College
Creek, Weems Creek and Carr Creek,
Annapolis, MD in the Federal Register
(73 FR 15108). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0154]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Severn River, College Creek,
Weems Creek and Carr Creek,
Annapolis, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations for
the ‘‘William I. Koch International Sea
Scout Cup’’, a sail boat regatta to be held
on the waters of the Severn River,
Annapolis, Maryland. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Severn River
adjacent to the U.S. Naval Academy,
Annapolis, Maryland during the sail
boat regatta.
DATES: This rule is effective from 8:30
a.m. on July 14, through 7:30 p.m., July
18, 2008.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0154 and are
available online at www.regulations.gov.
This material is also available for
inspection or copying at two locations:
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the Fifth
Coast Guard District, Office of
Prevention, 431 Crawford Street,
Portsmouth, VA, 23704 between 10 a.m.
and 2 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
Division, (757) 398–6204. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 21, 2008, we published a
notice of proposed rulemaking (NPRM)
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Background and Purpose
On July 13 through July 19, 2008, the
U.S. Naval Academy, Annapolis, MD
will host the ‘‘William I. Koch
International Sea Scout Cup’’, sail boat
regatta on the waters of the Severn
River. This youth sailing regatta is
comprised of young men and women
between the ages of 14 and 21 who are
actively registered in the Sea Scout
program. The five day event will be held
at the Naval Academy’s Sailing Center.
Teams from the United States and 20
countries will test their seamanship
skills as they sail 14′ sloop rigged boats.
The event will consist of approximately
80 fourteen foot sail boats racing about
several marked courses on the Severn
River. A fleet of spectator vessels is
anticipated 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, support
vessels, spectators and transiting
vessels.
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.
Although this regulation restricts
vessel traffic from transiting a portion of
the Severn 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
and the extensive advance notifications
that will be made to the maritime
community via marine information
broadcasts and local area newspapers,
radio and TV stations so 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
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30771
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 the Severn
River, College Creek, Weems Creek and
Carr Creek, Annapolis, MD during the
event.
This temporary rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although this
regulation prevents traffic from
transiting a small segment of the Severn
River during the event, this rule will be
in effect for only a short period, from
8:30 a.m. to 7:30 p.m. on July 14, 15, 16,
17, and 18, 2008. Vessel traffic may be
able to transit around the regulated area
or when event activity is halted, when
the Coast Guard Patrol Commander
deems it 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 can
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). 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
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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
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.
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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
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17:07 May 28, 2008
Jkt 214001
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.
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, and Waterways.
Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
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PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
I 2. Add a temporary § 100.35–T05–017
to read as follows:
§ 100.35–T05–017
Annapolis, MD.
Severn River,
(a) Regulated area. 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
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 William I. Koch
International Sea Scout Cup sailboat
regatta under the auspices of the Marine
Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(c) Special local regulations: (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area 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 event area.
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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
(3) Any spectator vessel may anchor
outside of the regulated area specified in
paragraph (a) of this section but may not
block a navigable channel.
(d) Enforcement period. (1) This
section will be enforced from 8:30 a.m.
to 7:30 p.m. on July 14, 15, 16, 17, and
18, 2008 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.
(2) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event dates and times.
Dated: May 19, 2008.
Fred M. Rosa, Jr.
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. E8–11938 Filed 5–28–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0046]
RIN 1625–AA00
Safety Zone: Hatteras Boat Parade and
Firework Display, Trent River, New
Bern, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard will
implement a safety zone during the
Hatteras Boat Parade and Firework
Display, a motor yacht parade to be held
on the waters of the Trent River, New
Bern, North Carolina. Access to portions
of the Trent River adjacent to New Bern,
North Carolina will be restricted during
the fireworks display.
DATES: This rule is effective May 30,
2008 from 7:30 p.m. to 9 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0046 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
two locations: the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and at Commander Sector North
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SUMMARY:
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Carolina, 2301 East Fort Macon Road,
Atlantic Beach, North Carolina 28512,
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call C.
D. Humphrey, Marine Event
Coordinator, (252) 247–4569. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ 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. Publishing an NPRM would
be impracticable and contrary to public
interest because immediate action is
needed to minimize potential danger to
the public during the event. The
necessary information to determine
whether the marine event poses a threat
to persons and vessels was not provided
to the Coast Guard in sufficient time to
publish an NPRM. The potential
dangers posed by the pyrotechnic
fireworks display, make a safety zone
necessary to provide for the safety of the
public in the vicinity of the event area.
The Coast Guard will issue a broadcast
notice to mariners and on have Coast
Guard vessels on scene to advise
mariners of the safety zone.
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,
because immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area.
Advance notifications will be made to
the public, via marine information
broadcasts, local notice to mariners,
commercial radio stations and area
newspapers.
Background and Purpose
On May 30, 2008, Hatteras Yacht’s
will sponsor the ‘‘Hatteras Boat Parade
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30773
and Firework Display’’, on the waters of
the Trent River. The event will consist
of approximately nine motor Yachts
ranging from 41 to 80 feet in length
parading single file past the Sheraton
Hotel and Marina. A small barge with
close proximity pyrotechnics will be
anchored at the west end of the Trent
River Swing Bridge fender system. Due
to the need for safety during the event,
vessel and personnel access will be
temporarily restricted in the specified
area to provide for the safety of
participants, spectators and transiting
vessels.
Discussion of Rule
The Coast Guard is establishing a
safety zone on specified waters of the
Trent River, New Bern, North Carolina.
The regulated area includes all waters
within a 150 foot radius of position
350°06′09″ N 0770 02′15″ W or
approximately one 100 yards west of the
center span of Trent River Swing Bridge,
New Bern, North Carolina. The safety
zone will be in effect from 7:30 p.m. to
9 p.m. on May 30, 2008. The effect will
be to restrict access to the regulated area
during the fireworks display. Except for
persons or vessels authorized by the
Captain of the Port (COTP) or the COTP
representative, no person or vessel may
enter or remain in the regulated area
during the enforcement period. The
Coast Guard will notify the public of
specific enforcement times by Marine
Radio Safety Broadcast. These
regulations are needed to control public
access during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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 proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this proposed
regulation would prohibit access to a
portion of the Trent River adjacent to
New Bern, North Carolina during the
event, the effects of this regulation
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]]>Agencies
[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30771-30773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11938]
[[Page 30771]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0154]
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations for
the ``William I. Koch International Sea Scout Cup'', a sail boat
regatta to be held on the waters of the Severn River, Annapolis,
Maryland. These special local regulations are necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in portions of the Severn River
adjacent to the U.S. Naval Academy, Annapolis, Maryland during the sail
boat regatta.
DATES: This rule is effective from 8:30 a.m. on July 14, through 7:30
p.m., July 18, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0154 and are available online at
www.regulations.gov. This material is also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the Fifth
Coast Guard District, Office of Prevention, 431 Crawford Street,
Portsmouth, VA, 23704 between 10 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division, (757) 398-6204. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 21, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Severn
River, College Creek, Weems Creek and Carr Creek, Annapolis, MD in the
Federal Register (73 FR 15108). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
Background and Purpose
On July 13 through July 19, 2008, the U.S. Naval Academy,
Annapolis, MD will host the ``William I. Koch International Sea Scout
Cup'', sail boat regatta on the waters of the Severn River. This youth
sailing regatta is comprised of young men and women between the ages of
14 and 21 who are actively registered in the Sea Scout program. The
five day event will be held at the Naval Academy's Sailing Center.
Teams from the United States and 20 countries will test their
seamanship skills as they sail 14' sloop rigged boats. The event will
consist of approximately 80 fourteen foot sail boats racing about
several marked courses on the Severn River. A fleet of spectator
vessels is anticipated 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,
support vessels, spectators and transiting vessels.
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.
Although this regulation restricts vessel traffic from transiting a
portion of the Severn 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 and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts and local area newspapers, radio and TV stations
so 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 the Severn River, College Creek, Weems Creek and Carr Creek,
Annapolis, MD during the event.
This temporary rule will not have a significant economic impact on
a substantial number of small entities for the following reasons.
Although this regulation prevents traffic from transiting a small
segment of the Severn River during the event, this rule will be in
effect for only a short period, from 8:30 a.m. to 7:30 p.m. on July 14,
15, 16, 17, and 18, 2008. Vessel traffic may be able to transit around
the regulated area or when event activity is halted, when the Coast
Guard Patrol Commander deems it 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 can 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). 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
[[Page 30772]]
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.
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, and Waterways.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
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-T05-017 to read as follows:
Sec. 100.35-T05-017 Severn River, Annapolis, MD.
(a) Regulated area. 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]00'38.9'' N, longitude 076[deg]31'05.2'' W thence to the north
shoreline at latitude 39[deg]00'54.7'' N, longitude 076[deg]30'44.8''
W, this line is approximately 1300 yards northwest of the U.S. 50 fixed
highway bridge. The regulated area is bounded to the southeast by a
line drawn from the Naval Academy Light at latitude 38[deg]58'39.5'' N,
longitude 076[deg]28'49'' W thence southeast to a point 700 yards east
of Chinks Point, MD at latitude 38[deg]58'1.9'' N, longitude
076[deg]28'1.7'' W thence northeast to Greenbury Point at latitude
38[deg]58'29'' N, longitude 076[deg]27'16'' W. 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.
(3) Participant includes all vessels participating in the William
I. Koch International Sea Scout Cup sailboat regatta under the auspices
of the Marine Event Permit issued to the event sponsor and approved by
Commander, Coast Guard Sector Baltimore.
(c) Special local regulations: (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area 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 event area.
[[Page 30773]]
(3) Any spectator vessel may anchor outside of the regulated area
specified in paragraph (a) of this section but may not block a
navigable channel.
(d) Enforcement period. (1) This section will be enforced from 8:30
a.m. to 7:30 p.m. on July 14, 15, 16, 17, and 18, 2008 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.
(2) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
Dated: May 19, 2008.
Fred M. Rosa, Jr.
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-11938 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-15-P
