Special Local Regulations for Marine Events; Patapsco River, Northwest Harbor, Baltimore, MD, 39213-39216 [E9-18750]
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations
importation would be in violation of
that country’s laws.
The U.S. person declaring the
temporary export of body armor to U.S.
Customs and Border Protection should
use CBP Form 4457 entitled the
‘‘Certificate of Registration for Personal
Effects Taken Abroad.’’ The export
information is not required to be
reported electronically using the
Automated Export System (AES). Upon
re-entering the United States, the CBP
Form 4457 should be presented.
In the event the body armor is lost or
otherwise not returned to the United
States, a detailed report about the
incident must be submitted to the Office
of Defense Trade Controls Compliance.
The report should describe all attempts
to locate the body armor.
Regulatory Analysis and Notices
Administrative Procedure Act
This amendment involves a foreign
affairs function of the United States and,
therefore, is not subject to the
procedures contained in 5 U.S.C. 553
and 554.
Regulatory Flexibility Act
Since this amendment is not subject
to the notice-and-comment procedures
of 5 U.S.C. 553, it does not require
analysis under the Regulatory
Flexibility Act.
Unfunded Mandates Reform Act of 1995
This amendment does not involve a
mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
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Small Business Regulatory Enforcement
Fairness Act of 1996
This amendment has been found not
to be a major rule within the meaning
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
Executive Orders 12372 and 13132
This amendment will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this amendment
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
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summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this amendment.
Executive Order 12866
This amendment is exempt from
review under Executive Order 12866,
but has been reviewed internally by the
Department of State to ensure
consistency with the purposes thereof.
Executive Order 12988
The Department of State has reviewed
the proposed regulations in light of
sections 3(a) and 3(b)(2) of Executive
Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 123
Arms and munitions, Exports.
■ Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, part 123 is amended as follows:
39213
(3) The body armor is for that person’s
exclusive use and not for re-export or
other transfer of ownership; and
(4) If the body armor is lost or
otherwise not returned to the United
States, a detailed report must be
submitted to the Office of Defense Trade
Controls Compliance in § 127.12(c)(2) of
this subchapter entitled ‘‘Voluntary
disclosures.’’
(g) The license exemption set forth in
paragraph (f) of this section is also
available for the temporary export of
body armor for personal use to
Afghanistan and to Iraq provided that:
(1) The conditions in paragraphs
(f)(1)–(f)(3) of this section are met;
(2) For temporary exports to Iraq the
U.S. person utilizing the license
exemption is either a person affiliated
with the U.S. Government traveling on
official business or is a person not
affiliated with the U.S. Government but
traveling to Iraq under a direct
authorization by the Government of Iraq
and engaging in humanitarian activities
for, on behalf of, or at the request of the
Government of Iraq.
Dated: July 8, 2009.
Rose E. Gottemoeller,
Assistant Secretary, Verification, Compliance
and Implementation, Department of State.
[FR Doc. E9–18843 Filed 8–5–09; 8:45 am]
PART 123—LICENSES FOR THE
EXPORT OF DEFENSE ARTICLES
BILLING CODE 4710–25–P
■
1. The authority citation for part 123
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: Secs. 2, 38, and 71, Public Law
90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2753; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C.
2651a; 22 U.S.C. 2776; Public Law 105–261,
112 Stat. 1920; Sec. 1205(a), Public Law 107–
228.
Coast Guard
■
2. Section 123.17 is amended by
adding paragraphs (f) and (g) to read as
follows:
Special Local Regulations for Marine
Events; Patapsco River, Northwest
Harbor, Baltimore, MD
§ 123.17 Exports of firearms, ammunition,
and body armor.
AGENCY:
*
*
*
*
*
(f) Except as provided in § 126.1 of
this subchapter, Port Directors of U.S.
Customs and Border Protection shall
permit U.S. persons to export
temporarily from the United States
without a license one set of body armor
covered by Category X(a)(1) of this
subchapter provided that:
(1) A declaration by the U.S. person
and an inspection by a customs officer
is made;
(2) The body armor is with the U.S.
person’s baggage or effects, whether
accompanied or unaccompanied (but
not mailed);
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33 CFR Part 100
[Docket No. USCG–2009–0251]
RIN 1625–AA08
ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing special local regulations
during the ‘‘Baltimore Dragon Boat
Challenge’’, a marine event to be held
on the waters of the Patapsco River,
Northwest Harbor, Baltimore, MD.
These special local regulations are
necessary to provide for the safety of life
on navigable waters during the event.
This action is intended to temporarily
restrict vessel traffic in a portion of the
Patapsco River during the event.
DATES: This rule is effective from
August 22, 2009 through August 29,
2009.
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations
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–2009–0251 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–
2009–0251 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 temporary
rule, call or e-mail Mr. Ronald Houck,
U.S. Coast Guard Sector Baltimore, MD;
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:
ADDRESSES:
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Regulatory Information
On June 2, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Patapsco River,
Northwest Harbor, Baltimore, MD in the
Federal Register (74 FR 26326). 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. The potential dangers posed
by powered vessels operating in close
proximity to relatively small rowing
vessels in a restricted waterway make
special local regulations necessary.
Delaying the effective date would be
contrary to the public interest, since
immediate action is needed to ensure
the safety of the event participants,
patrol vessels, spectator craft and other
vessels transiting the event area.
However, the Coast Guard will provide
advance notifications to users of the
effected waterways via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
Background and Purpose
On August 22, 2009, Baltimore
Dragon Boat Club, Inc. will sponsor
Dragon Boat Races in the Patapsco
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River, Northwest Harbor at Baltimore,
MD. The event will consist of
approximately 15 teams rowing Chinese
Dragon Boats in heats of 2 to 4 boats for
a distance of 500-meters. Due to the
need for vessel control during the event,
the Coast Guard will temporarily restrict
vessel traffic in the event area to provide
for the safety of participants, spectators
and other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Patapsco River,
Northwest Harbor, Baltimore, MD.
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 under the
regulatory policies and procedures of
DHS is unnecessary. Although this
regulation will prevent traffic from
transiting a portion of the Patapsco
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 the
Local Notice to Mariners, marine
information broadcasts, and area
newspapers, so mariners can adjust
their plans accordingly. Additionally,
the regulated area has been narrowly
tailored to impose the least impact on
general navigation yet provide the level
of safety deemed necessary. Vessel
traffic will be able to transit the
regulated area at slow speed between
heats, when the Coast Guard Patrol
Commander deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
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significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the effected portions of the Patapsco
River during the event.
Although this regulation prevents
traffic from transiting a portion of the
Patapsco River, Northwest Harbor
during the event, this rule would not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This rule
would be in effect for only a limited
period. Vessel traffic will be able to
transit the regulated area between heats,
when the Coast Guard Patrol
Commander deems it 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),
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).
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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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
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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)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR Part 100 that apply to
organized marine events on the
navigable waters of the United States
that may have potential for negative
impact on the safety or other interest of
waterway users and shore side activities
in the event area. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, canoe and sail board racing.
An environmental analysis checklist
and a categorical exclusion
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39215
determination are available in the
docket where indicated under
ADDRESSES.
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 amends 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.
2. Add a temporary section, § 100.35–
T05–0251 to read as follows:
■
§ 100.35–T05–0251 Special Local
Regulations for Marine Events; Patapsco
River, Northwest Harbor, MD.
(a) Regulated area. The following
locations are regulated areas: All waters
of the Patapsco River, Northwest
Harbor, Maryland, located near Locust
Point, within an area bounded by the
following lines of reference; bounded on
the west by a line running along
longitude 076°35′35″ W; bounded on the
east by a line running along longitude
076°35′10″ W; bounded on the north by
a line running along latitude 39°16′40″
N; and bounded on the south by the
shoreline. All coordinates reference
Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector,
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations: (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area must: (i) Stop the vessel
immediately when directed to do so by
the Coast Guard Patrol Commander or
any Official Patrol.
(ii) Proceed as directed by the Coast
Guard Patrol Commander or any Official
Patrol.
(d) Enforcement period: This section
will be enforced as follows; (1) from 6
a.m. until 7 p.m. on August 22, 2009.
(2) In the case of inclement weather
this marine event may be postponed and
rescheduled for 6 a.m. to 7 p.m. on
August 29, 2009.
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations
(3) 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 date and times.
Dated: July 13, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard Commander, Fifth
Coast Guard District, Acting.
[FR Doc. E9–18750 Filed 8–5–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0454]
RIN 1625–AA00
Safety Zone; Festivus, Lower Colorado
River, Bullhead City, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the lower
Colorado River at Bullhead City, AZ in
support of Festivus. 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
September 11, 2009 through September
13, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0454 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–2009–0454 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 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 temporary
rule, call or e-mail Petty Officer Kristen
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Beer, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7262, e-mail
Kristen.A.Beer@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 other vessels and users
of the waterway. Delaying the rule
would be contrary to the public interest.
Background and Purpose
The Boys and Girls Club and BMX is
sponsoring Festivus, which is a river
festival to benefit the community.
Festivus includes wakeboarder
demonstrations on the lower Colorado
River. This temporary safety zone is
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and other users and vessels on
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.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone that will be
enforced from 10 a.m. to 10 p.m. on
September 11, 2009 through September
13, 2009. This safety zone is necessary
to provide for the safety of the crew,
spectators, participants, and other users
and vessels of the waterway. Persons
and vessels will be prohibited from
entering into, transiting through, or
anchoring within the safety zone unless
authorized to do so by the Captain of the
Port or his designated representative.
The safety zone will include all
navigable waters within the following
coordinates:
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Northwest Boundary Line
35°05.45′ N, 114°37.84′ W;
35°05.53′ N, 114°37.78′ W.
Southeast Boundary Line
35°05.31′ N, 114°37.48′ W;
35°05.38′ N, 114°37.44′ W.
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. This determination is
based on the location and small size of
the safety zone. Recreational vessels
will not be allowed to transit through
the established safety zone during the
specified times unless authorized to do
so by the Captain of the Port or his
designated representative.
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 or anchor in
the affected portion of the lower
Colorado River from 10 a.m. to 10 p.m.
on September 11, 2009 through
September 13, 2009.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Although the
safety zone will apply to the entire
width of the river, traffic will be
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]]>Agencies
[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Rules and Regulations]
[Pages 39213-39216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18750]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0251]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patapsco River,
Northwest Harbor, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``Baltimore Dragon Boat Challenge'', a marine event to be
held on the waters of the Patapsco River, Northwest Harbor, Baltimore,
MD. These special local regulations are necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in a portion of the
Patapsco River during the event.
DATES: This rule is effective from August 22, 2009 through August 29,
2009.
[[Page 39214]]
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-2009-0251 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-2009-0251 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
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard
Sector Baltimore, MD; 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 June 2, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Patapsco
River, Northwest Harbor, Baltimore, MD in the Federal Register (74 FR
26326). 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. The potential dangers posed by
powered vessels operating in close proximity to relatively small rowing
vessels in a restricted waterway make special local regulations
necessary. Delaying the effective date would be contrary to the public
interest, since immediate action is needed to ensure the safety of the
event participants, patrol vessels, spectator craft and other vessels
transiting the event area. However, the Coast Guard will provide
advance notifications to users of the effected waterways via marine
information broadcasts, local notice to mariners, commercial radio
stations and area newspapers.
Background and Purpose
On August 22, 2009, Baltimore Dragon Boat Club, Inc. will sponsor
Dragon Boat Races in the Patapsco River, Northwest Harbor at Baltimore,
MD. The event will consist of approximately 15 teams rowing Chinese
Dragon Boats in heats of 2 to 4 boats for a distance of 500-meters. Due
to the need for vessel control during the event, the Coast Guard will
temporarily restrict vessel traffic in the event area to provide for
the safety of participants, spectators and other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Patapsco River, Northwest
Harbor, Baltimore, MD.
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 under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation will prevent traffic
from transiting a portion of the Patapsco 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
the Local Notice to Mariners, marine information broadcasts, and area
newspapers, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
deemed necessary. Vessel traffic will be able to transit the regulated
area at slow speed between heats, when the Coast Guard Patrol Commander
deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in the effected portions of the Patapsco River
during the event.
Although this regulation prevents traffic from transiting a portion
of the Patapsco River, Northwest Harbor during the event, this rule
would not have a significant economic impact on a substantial number of
small entities for the following reasons. This rule would be in effect
for only a limited period. Vessel traffic will be able to transit the
regulated area between heats, when the Coast Guard Patrol Commander
deems it 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), 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).
[[Page 39215]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under 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)(h), of the Instruction. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing.
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary section, Sec. 100.35-T05-0251 to read as follows:
Sec. 100.35-T05-0251 Special Local Regulations for Marine Events;
Patapsco River, Northwest Harbor, MD.
(a) Regulated area. The following locations are regulated areas:
All waters of the Patapsco River, Northwest Harbor, Maryland, located
near Locust Point, within an area bounded by the following lines of
reference; bounded on the west by a line running along longitude
076[deg]35[min]35[sec] W; bounded on the east by a line running along
longitude 076[deg]35[min]10[sec] W; bounded on the north by a line
running along latitude 39[deg]16[min]40[sec] N; and bounded on the
south by the shoreline. All coordinates reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector, Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations: (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must: (i) Stop
the vessel immediately when directed to do so by the Coast Guard Patrol
Commander or any Official Patrol.
(ii) Proceed as directed by the Coast Guard Patrol Commander or any
Official Patrol.
(d) Enforcement period: This section will be enforced as follows;
(1) from 6 a.m. until 7 p.m. on August 22, 2009.
(2) In the case of inclement weather this marine event may be
postponed and rescheduled for 6 a.m. to 7 p.m. on August 29, 2009.
[[Page 39216]]
(3) 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 date
and times.
Dated: July 13, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E9-18750 Filed 8-5-09; 8:45 am]
BILLING CODE 4910-15-P
