Regulated Navigation Area; Chesapeake and Delaware Canal, Chesapeake City Anchorage Basin, MD, 28609-28612 [E9-14252]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations
28609
TABLE 49.11—SUMMARY OF NEW MINER ACT REQUIREMENTS FOR UNDERGROUND COAL MINE OPERATORS AND MINE
RESCUE TEAMS—Continued
Type of mine rescue team
Requirement
Mine-site
Composite
Team members must be knowledgeable
about the operations and ventilation of
each covered mine.
YES ............................
YES ............................
YES ............................
Team must include at least two active employees from each covered large mine and
at least one active employee from each
covered small mine.
....................................
YES ............................
....................................
Team must be comprised of persons with a
minimum of 3 years underground coal
mine experience that shall have occurred
within the 10-year period preceding their
employment on the contract mine rescue
team.
....................................
....................................
Statesponsored
Contract
YES ............................
YES.
All mine operators must provide for two certified mine rescue teams. Large mine operators shall provide one team that is either an individual
mine-site mine rescue team or a composite team.
Team members of State-sponsored teams who are full-time State employees whose primary job duties include (1) inspecting underground
mines for compliance with State safety laws or (2) training mine rescue teams or (3) other similar duties that would enhance their mine rescue
knowledge may substitute their regular job experience for 50 percent of the training requirements for non-State employee mine rescue team
members, except these team members must participate in two local mine rescue contests and train at the covered mine in accordance with
§ 49.20(b).
3. In § 49.20, revise paragraphs (b)(1)
and (b)(4) to read as follows:
■
§ 49.20
Requirements for all coal mines.
*
*
*
*
*
(b) * * *
(1) Mine-site team. Members who
work at the mine and participate in
mine rescue training at the mine at least
annually at large mines and at least
semi-annually at small mines.
*
*
*
*
*
(4) State-sponsored team. Members
who are state employees and participate
in mine rescue training at each covered
mine at least annually at large mines
and at least semi-annually at small
mines.
*
*
*
*
*
[FR Doc. E9–14128 Filed 6–16–09; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
dwashington3 on PROD1PC60 with RULES
[Docket No. USCG–2008–1119]
RIN 1625–AA11
Regulated Navigation Area;
Chesapeake and Delaware Canal,
Chesapeake City Anchorage Basin, MD
Coast Guard, DHS.
VerDate Nov<24>2008
15:23 Jun 16, 2009
Final rule.
SUMMARY: The Coast Guard is
establishing a permanent regulated
navigation area (RNA) in certain waters
of the Chesapeake and Delaware (C & D)
Canal, within the anchorage basin at
Chesapeake City, Maryland, to be
enforced annually, on the last Saturday
in June, from 12:01 a.m. until 11:59 p.m.
This RNA is necessary to provide for the
safety of life, property and the
environment. This RNA will restrict and
control the movement of vessels
throughout the anchorage basin during
the Town of Chesapeake City’s Canal
Day event.
DATES:
This rule is effective on June 17,
2009.
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–2008–1119 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
2008–1119 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is also available for inspection
or copying at 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,
ADDRESSES:
BILLING CODE 4510–43–P
AGENCY:
ACTION:
Jkt 217001
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Ronald L. Houck, Sector
Baltimore Waterways Management
Division, Coast Guard; telephone 410–
576–2674, e-mail
Ronald.L.Houck@uscg.mil. 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 12, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Regulated Navigation Area;
Chesapeake and Delaware Canal,
Chesapeake City Anchorage Basin, MD’’
in the Federal Register (74 FR 10695).
We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest since immediate action is
needed to ensure the boating public’s
safety during the Canal Day festivities
taking place in June 2009. Congestion
created by the influx of boats and
visitors for Canal Day festivities would
substantially raise the risk of accidental
E:\FR\FM\17JNR1.SGM
17JNR1
28610
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
Background and Purpose
dwashington3 on PROD1PC60 with RULES
drownings, personnel injuries, boat
fires, boat capsizings and sinkings, and
boating collisions, and the congestion
would make response to such incidents
much more difficult.
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.
Each year, on the last Saturday in
June, thousands of people attend the
Town of Chesapeake City’s Canal Day
outdoor waterfront festival, located
adjacent to the C & D Canal anchorage
basin at Chesapeake City, Maryland.
Due to the growing presence of visiting
boaters in recent years, the waterways
surrounding this annual event have
become increasingly congested. This
congestion substantially raises the risk
of accidental drownings, personnel
injuries, boat fires, boat capsizings and
sinkings, and boating collisions, and the
congestion makes response to such
incidents much more difficult.
For example, on a typical weekend 10
to 15 boats anchor in the basin, which
is approximately 420 yards in length
and 170 yards in width. However,
during Canal Day waterfront events, the
number of boats anchoring in and
around the basin far exceeds this
number. In 2007, an estimated 400 boats
and 10,000 visitors came to Chesapeake
City, a town with a population of 800.
An estimated 325 recreational boats
were anchored or moored alongside
other boats (rafted). These boats
accounted for approximately 600
visitors. Persons on recreational vessels
or other water craft began arriving on
the Wednesday before the festival, and
by that evening, large lines of rafted
boats filled the anchorage basin,
exceeding the safety limits two days
before the event.
The Coast Guard has the authority
under 33 Code of Federal Regulations
part 165 to impose appropriate controls
on activities that may pose a threat to
persons, vessels and facilities under its
jurisdiction. In June 2008, a Temporary
Final Rule (33 CFR 165.T05–0315; 73
FR 35588) was implemented and proved
to be a beneficial tool to ensure safety
and to control vessel movement during
this event. Therefore, the Coast Guard is
now establishing a permanent RNA that
will be enforced on the last Saturday in
June, annually, in the C & D Canal,
within the anchorage basin at
Chesapeake City, Maryland. The rule
will control vessel movement during
this event, in order to promote maritime
safety, and to protect the environment
and maritime public from the potential
hazards associated with a large
gathering of recreational vessels and
other watercraft in a confined area.
VerDate Nov<24>2008
15:23 Jun 16, 2009
Jkt 217001
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. Though the RNA will be in effect
for an entire day, commercial traffic in
the C & D Canal anchorage basin is
limited, and vessels transiting the C &
D Canal may proceed safely around the
RNA.
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 might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of the C & D Canal anchorage
basin at Chesapeake City, Maryland,
from 12:01 a.m. until 11:59 p.m. on the
last Saturday in June, annually. This
RNA will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Although this rule
will be in effect for the entire day and
applies to the entire anchorage basin,
commercial vessel traffic in this area is
limited and traffic would be allowed to
pass within the RNA with the
permission of the District Commander
or his or her designated representative,
vessels transiting the C & D Canal may
proceed safely around the RNA, and the
Coast Guard will issue maritime
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
advisories widely available to users of
the waterway before the effective
period.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM 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). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for
Federalism under Executive Order
13132, Federalism, if it has a substantial
direct effect on State or local
governments and would either preempt
State law or impose a substantial direct
cost of compliance on them. We have
analyzed this rule under that Order and
have determined that it does not have
implications for Federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
E:\FR\FM\17JNR1.SGM
17JNR1
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations
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.
dwashington3 on PROD1PC60 with RULES
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
VerDate Nov<24>2008
15:23 Jun 16, 2009
Jkt 217001
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
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves certain regulations for vessels
navigating the waters of the Chesapeake
and Delaware Canal and fits within the
category of paragraph 34(g) because it
establishes a regulated navigation area.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
■
2. Add § 165.556 to read as follows:
§ 165.556 Regulated Navigation Area;
Chesapeake and Delaware Canal,
Chesapeake City Anchorage Basin, MD.
(a) Location. The following area is a
regulated navigation area: All waters of
the Chesapeake and Delaware (C & D)
Canal within the anchorage basin at
Chesapeake City, Maryland, bounded by
a line drawn across the entrance to the
basin from position latitude 39°31′39.6″
N, longitude 075°48′36.5″ W, to position
latitude 39°31′40.6″ N, longitude
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
28611
075°48′43.3″ W. All coordinates refer to
NAD 1983.
(b) Definitions. For the purposes of
this section:
District Commander means the
Commander, Fifth Coast Guard District
or any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Commander, Fifth
Coast Guard District, to act on his or her
behalf, or his or her designated
representative.
(c) Regulations. The general
regulations governing regulated
navigation areas, found in 33 CFR
165.13, apply to the regulated
navigation area described in paragraph
(a) of this section.
(1) All vessels and persons are
prohibited from entering and accessing
this regulated navigation area, except as
authorized by the District Commander
or his or her designated representative.
(2) Persons or vessels requiring entry
into or passage within the regulated
navigation area must request
authorization from the District
Commander or his or her designated
representative, by telephone at (410)
576–2693 or by marine band radio on
VHF–FM Channel 16 (156.8 MHz), from
12:01 a.m. until 11:59 p.m. on the last
Saturday in June, annually. All Coast
Guard vessels enforcing this regulated
navigation area can be contacted on
marine band radio VHF–FM Channel 16
(156.8 MHz).
(3) The operator of any vessel entering
or located within this regulated
navigation area shall:
(i) Travel at no-wake speed,
(ii) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(iii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(4) All vessels and persons within this
regulated navigation area must comply
with any additional instructions of the
District Commander or the designated
representative.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the regulated navigation
area by any Federal, State, and local
agencies.
(e) Enforcement period. This section
will be enforced from 12:01 a.m. until
11:59 p.m. on the last Saturday in June,
annually.
E:\FR\FM\17JNR1.SGM
17JNR1
28612
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations
Dated: May 26, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. E9–14252 Filed 6–16–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0345]
RIN 1625–AA00
Safety Zone; San Diego Symphony
Orchestra; San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
dwashington3 on PROD1PC60 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone, upon the
navigable waters of the San Diego Bay
in support of the San Diego Symphony
Orchestra. This safety zone is necessary
to provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: This rule is effective from 8:30
p.m. on July 3, 2009 through 10 p.m. on
September 6, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0345 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0345 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
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 Coast
Guard Sector San Diego, 2710 N. Harbor
Drive, San Diego, CA 92101–1064
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail, Petty Officer Shane
VerDate Nov<24>2008
15:23 Jun 16, 2009
Jkt 217001
Jackson, Waterways Management, U.S.
Coast Guard Sector San Diego, CA;
telephone (619) 278–7262, e-mail
Shane.E.Jackson@uscg.mil. 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.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is necessary to ensure
the safety of vessels, spectators,
participants, and others in the vicinity
of the marine event on the dates and
times this rule will be in effect and
delay would be contrary to the public
interest.
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 because delaying the effective
date would be contrary to the public
interest, since immediate action is
needed to ensure the public’s safety.
Background and Purpose
The San Diego Symphony Orchestra
and Copley Symphony Hall is
sponsoring the San Diego Symphony
Orchestra, which will include a
fireworks presentation conducted from a
barge in San Diego Bay. The barge will
be located near the navigational channel
in the vicinity of North Embarcadero.
The safety zone will be an 800-foot
radius around the firing barge. The
sponsor will provide a chase boat to
patrol the safety zone and inform
vessels of the safety zone. This safety
zone is necessary to provide for the
safety of the crews, spectators, and other
vessels and users of the waterway.
Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced from
8:30 p.m. to 10 p.m. on July 3, July 5,
July 10–11, July 17–18, July 24–25, July
31, August 1, August 7–8, August 14–
15, August 21–22, August 28–29, and
September 4–6, 2009. The limits of the
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
safety zone will be an 800-foot radius
around the anchored firing barge in
approximate position 32°42′12″ N,
117°10′01″ W.
The safety zone is necessary to
provide for the safety of the crews,
spectators, and other vessels and users
of the waterway. Persons and vessels
will be prohibited from entering into,
transiting through, or anchoring within
the safety zone unless authorized by the
Captain of the Port, or his designated
representative.
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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
size and location of the safety zone.
Commercial vessels will not be
hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times.
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 not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessel traffic can
pass safely around the safety zone.
Before the effective period, the Coast
Guard will publish a local notice to
mariners (LNM) and will issue
broadcast notice to mariners (BNM)
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28609-28612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14252]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1119]
RIN 1625-AA11
Regulated Navigation Area; Chesapeake and Delaware Canal,
Chesapeake City Anchorage Basin, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent regulated
navigation area (RNA) in certain waters of the Chesapeake and Delaware
(C & D) Canal, within the anchorage basin at Chesapeake City, Maryland,
to be enforced annually, on the last Saturday in June, from 12:01 a.m.
until 11:59 p.m. This RNA is necessary to provide for the safety of
life, property and the environment. This RNA will restrict and control
the movement of vessels throughout the anchorage basin during the Town
of Chesapeake City's Canal Day event.
DATES: This rule is effective on June 17, 2009.
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-2008-1119 and are available online by going to
https://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2008-1119 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Ronald L. Houck, Sector Baltimore Waterways
Management Division, Coast Guard; telephone 410-576-2674, e-mail
Ronald.L.Houck@uscg.mil. 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 12, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Area; Chesapeake and Delaware
Canal, Chesapeake City Anchorage Basin, MD'' in the Federal Register
(74 FR 10695). We received no comments on the proposed rule. No public
meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest since immediate
action is needed to ensure the boating public's safety during the Canal
Day festivities taking place in June 2009. Congestion created by the
influx of boats and visitors for Canal Day festivities would
substantially raise the risk of accidental
[[Page 28610]]
drownings, personnel injuries, boat fires, boat capsizings and
sinkings, and boating collisions, and the congestion would make
response to such incidents much more difficult.
Background and Purpose
Each year, on the last Saturday in June, thousands of people attend
the Town of Chesapeake City's Canal Day outdoor waterfront festival,
located adjacent to the C & D Canal anchorage basin at Chesapeake City,
Maryland. Due to the growing presence of visiting boaters in recent
years, the waterways surrounding this annual event have become
increasingly congested. This congestion substantially raises the risk
of accidental drownings, personnel injuries, boat fires, boat
capsizings and sinkings, and boating collisions, and the congestion
makes response to such incidents much more difficult.
For example, on a typical weekend 10 to 15 boats anchor in the
basin, which is approximately 420 yards in length and 170 yards in
width. However, during Canal Day waterfront events, the number of boats
anchoring in and around the basin far exceeds this number. In 2007, an
estimated 400 boats and 10,000 visitors came to Chesapeake City, a town
with a population of 800. An estimated 325 recreational boats were
anchored or moored alongside other boats (rafted). These boats
accounted for approximately 600 visitors. Persons on recreational
vessels or other water craft began arriving on the Wednesday before the
festival, and by that evening, large lines of rafted boats filled the
anchorage basin, exceeding the safety limits two days before the event.
The Coast Guard has the authority under 33 Code of Federal
Regulations part 165 to impose appropriate controls on activities that
may pose a threat to persons, vessels and facilities under its
jurisdiction. In June 2008, a Temporary Final Rule (33 CFR 165.T05-
0315; 73 FR 35588) was implemented and proved to be a beneficial tool
to ensure safety and to control vessel movement during this event.
Therefore, the Coast Guard is now establishing a permanent RNA that
will be enforced on the last Saturday in June, annually, in the C & D
Canal, within the anchorage basin at Chesapeake City, Maryland. The
rule will control vessel movement during this event, in order to
promote maritime safety, and to protect the environment and maritime
public from the potential hazards associated with a large gathering of
recreational vessels and other watercraft in a confined area.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
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. Though the RNA will be in effect for an
entire day, commercial traffic in the C & D Canal anchorage basin is
limited, and vessels transiting the C & D Canal may proceed safely
around the RNA.
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
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the C & D Canal anchorage basin at
Chesapeake City, Maryland, from 12:01 a.m. until 11:59 p.m. on the last
Saturday in June, annually. This RNA will not have a significant
economic impact on a substantial number of small entities for the
following reasons: Although this rule will be in effect for the entire
day and applies to the entire anchorage basin, commercial vessel
traffic in this area is limited and traffic would be allowed to pass
within the RNA with the permission of the District Commander or his or
her designated representative, vessels transiting the C & D Canal may
proceed safely around the RNA, and the Coast Guard will issue maritime
advisories widely available to users of the waterway before the
effective period.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
Federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive
[[Page 28611]]
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves certain regulations for
vessels navigating the waters of the Chesapeake and Delaware Canal and
fits within the category of paragraph 34(g) because it establishes a
regulated navigation area.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.556 to read as follows:
Sec. 165.556 Regulated Navigation Area; Chesapeake and Delaware
Canal, Chesapeake City Anchorage Basin, MD.
(a) Location. The following area is a regulated navigation area:
All waters of the Chesapeake and Delaware (C & D) Canal within the
anchorage basin at Chesapeake City, Maryland, bounded by a line drawn
across the entrance to the basin from position latitude
39[deg]31'39.6'' N, longitude 075[deg]48'36.5'' W, to position latitude
39[deg]31'40.6'' N, longitude 075[deg]48'43.3'' W. All coordinates
refer to NAD 1983.
(b) Definitions. For the purposes of this section:
District Commander means the Commander, Fifth Coast Guard District
or any Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Commander, Fifth Coast Guard District, to act on his
or her behalf, or his or her designated representative.
(c) Regulations. The general regulations governing regulated
navigation areas, found in 33 CFR 165.13, apply to the regulated
navigation area described in paragraph (a) of this section.
(1) All vessels and persons are prohibited from entering and
accessing this regulated navigation area, except as authorized by the
District Commander or his or her designated representative.
(2) Persons or vessels requiring entry into or passage within the
regulated navigation area must request authorization from the District
Commander or his or her designated representative, by telephone at
(410) 576-2693 or by marine band radio on VHF-FM Channel 16 (156.8
MHz), from 12:01 a.m. until 11:59 p.m. on the last Saturday in June,
annually. All Coast Guard vessels enforcing this regulated navigation
area can be contacted on marine band radio VHF-FM Channel 16 (156.8
MHz).
(3) The operator of any vessel entering or located within this
regulated navigation area shall:
(i) Travel at no-wake speed,
(ii) Stop the vessel immediately upon being directed to do so by
any commissioned, warrant or petty officer on board a vessel displaying
a Coast Guard Ensign, and
(iii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(4) All vessels and persons within this regulated navigation area
must comply with any additional instructions of the District Commander
or the designated representative.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the regulated navigation area by any Federal, State,
and local agencies.
(e) Enforcement period. This section will be enforced from 12:01
a.m. until 11:59 p.m. on the last Saturday in June, annually.
[[Page 28612]]
Dated: May 26, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-14252 Filed 6-16-09; 8:45 am]
BILLING CODE 4910-15-P
