Special Local Regulations for Marine Events; Severn River, Spa Creek and Annapolis Harbor, Annapolis, MD, 9273-9276 [2011-3570]
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Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Proposed Rules
Code of Federal Regulations is proposed
to be amended as follows:
PART 103—FINANCIAL
RECORDKEEPING AND REPORTING
OF CURRENCY AND FINANCIAL
TRANSACTIONS
1. The authority citation for part 103
is amended to read as follows:
Authority: 12 U.S.C. 1829b and 1951–1959;
31 U.S.C. 5311–5314, 5316–5332 Title III,
secs. 311, 312, 313, 314, 319, 326, 352, Pub.
L. 107–56, 115 Stat. 307.
2. Subpart I of part 103 is amended by
adding § 103.194 under an undesignated
center heading to read as follows:
Special Due Diligence for
Correspondent Accounts and Private
Banking Accounts
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§ 103.194 Special measures against the
Lebanese Canadian Bank SAL
(a) Definitions. For purposes of this
section:
(1) The Lebanese Canadian Bank SAL
means all branches, offices, and
subsidiaries of the Lebanese Canadian
Bank operating in any jurisdiction.
(2) Correspondent account has the
same meaning as provided in
§ 103.175(d)(1)(ii).
(3) Covered financial institution has
the same meaning as provided in
§ 103.175(f)(1).
(4) Subsidiary means a company of
which more than 50 percent of the
voting stock or analogous equity interest
is owned by another company.
(b) Requirements for covered financial
institutions. (1) Prohibition on direct use
of correspondent accounts. A covered
financial institution shall terminate any
correspondent account that is
established, maintained, administered,
or managed in the United States for, or
on behalf of, the Lebanese Canadian
Bank SAL.
(2) Special due diligence of
correspondent accounts to prohibit
indirect use. (i) A covered financial
institution shall apply special due
diligence to its correspondent accounts
that is reasonably designed to guard
against their indirect use by the
Lebanese Canadian Bank SAL. At a
minimum, that special due diligence
must include:
(A) Notifying those correspondent
account holders that the covered
financial institution knows or has
reason to know provide services to the
Lebanese Canadian Bank SAL, that such
correspondents may not provide the
Lebanese Canadian Bank SAL with
access to the correspondent account
maintained at the covered financial
institution; and
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(B) Taking reasonable steps to identify
any indirect use of its correspondent
accounts by the Lebanese Canadian
Bank SAL, to the extent that such
indirect use can be determined from
transactional records maintained in the
covered financial institution’s normal
course of business.
(ii) A covered financial institution
shall take a risk-based approach when
deciding what, if any, other due
diligence measures it should adopt to
guard against the indirect use of its
correspondent accounts by the Lebanese
Canadian Bank SAL.
(iii) A covered financial institution
that obtains knowledge that a
correspondent account is being used by
the foreign bank to provide indirect
access to the Lebanese Canadian Bank
SAL, shall take all appropriate steps to
prevent such indirect access, including
the notification of its correspondent
account holder under paragraph
(b)(2)(i)(A) of this section and, where
necessary, terminating the
correspondent account.
(3) Recordkeeping and reporting. (i) A
covered financial institution is required
to document its compliance with the
notice requirement set forth in
paragraph (b)(2)(i)(A) of this section.
(ii) Nothing in this section shall
require a covered financial institution to
report any information not otherwise
required to be reported by law or
regulation.
Dated: February 9, 2011.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2011–3348 Filed 2–16–11; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0046]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Severn River, Spa Creek and
Annapolis Harbor, Annapolis, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish special local regulations
during the swim segment of the
‘‘TriRock Annapolis’’ triathlon, a marine
event to be held on the waters of Spa
Creek and Annapolis Harbor on May 14,
2011. These special local regulations are
SUMMARY:
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9273
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
Potomac River during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 21, 2011. Requests for
public meetings must be received by the
Coast Guard on or before the end of the
comment period.
See the SUPPLEMENTARY INFORMATION
for discussion of the anticipated
effective date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0046 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
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 or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0046),
indicate the specific section of this
document to which each comment
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jlentini on DSKJ8SOYB1PROD with PROPOSALS
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0046’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0046’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
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our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before the end of the
comment period, using one of the four
methods specified under ADDRESSES.
Please explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Basis and Purpose
On Saturday, May 14, 2011,
Competitor Group Inc. of San Diego,
California, will sponsor the ‘‘TriRock
Annapolis’’ triathlon in Annapolis,
Maryland. The swim segment of the
event will occur from 7 a.m. to 8:30 a.m.
and will be located in Spa Creek and
Annapolis Harbor. Up to 2,000
swimmers will operate on a 500-meter
course located between the Annapolis
City Dock and the confluence of the Spa
Creek with the Severn River. The
swimmers will be supported by
sponsor-provided watercraft. The start
and finish will be located at the
Annapolis City Dock. A portion of the
swim course will impede the Federal
navigation channel. Due to the need for
vessel control during the event, the
Coast Guard would temporarily restrict
vessel traffic in the event area to provide
for the safety of participants, spectators
and other transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish
temporary special local regulations on
specified waters of Spa Creek and
Annapolis Harbor. The regulations
would be in effect from 6 a.m. to 9 a.m.
on May 14, 2011. The regulated area,
approximately 900 yards in length,
would extend across the entire width of
Spa Creek and Annapolis Harbor,
within lines connecting the following
positions: From position latitude
38°58′34″ N, longitude 076°29′05″ W,
thence to position latitude 38°58′27″ N,
longitude 076°28′55″ W, and from
position latitude 38°58′53″ N, longitude
076°28′34″ W to position latitude
38°58′21″ N, longitude 076°28′26″ W.
The effect of this proposed rule would
be to restrict general navigation in the
regulated area during the event. These
regulations are needed to control vessel
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traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. We expect the economic impact
of this proposed rule to be so minimal
that a full Regulatory Evaluation under
the regulatory policies and procedures
of DHS is unnecessary. Although this
regulation will prevent traffic from
transiting a portion of Spa Creek and
Annapolis Harbor 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 and marine information
broadcasts, 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 proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels intending to transit
or anchor in the effected portions of Spa
Creek and Annapolis Harbor during the
event.
Although this regulation prevents
traffic from transiting a portion of the
Spa Creek and Annapolis Harbor during
the event, this proposed rule will not
have a significant economic impact on
a substantial number of small entities
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for the following reasons: Though the
regulated area extends across the entire
width of the waterway, this proposed
rule would be in effect for only a limited
period; and before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly. All Coast Guard
vessels enforcing this regulated area can
be contacted on marine band radio
VHF–FM channel 16 (156.8 MHz).
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Coast Guard
Sector Baltimore, MD. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
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proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
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9275
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under 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 made a preliminary determination
that 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 proposed rule involves
implementation of regulations within 33
CFR Part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add § 100.35–T05–0046 to read as
follows:
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Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Proposed Rules
§ 100.35–T05–0046 Special Local
Regulations for Marine Events; Severn
River, Spa Creek and Annapolis Harbor,
Annapolis, MD.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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(a) Regulated area. The following
location is a regulated area: All waters
of the Spa Creek and Annapolis Harbor,
within lines connecting the following
positions: From position latitude
38°58′34″ N, longitude 076°29′05″ W,
thence to position latitude 38°58′27″ N,
longitude 076°28′55″ W, and from
position latitude 38°58′53″ N, longitude
076°28′34″ W to position latitude
38°58′21″ N, longitude 076°28′26″ W.
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) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) All Coast Guard vessels enforcing
this regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz).
(3) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 6 a.m. until 9 a.m.
on May 14, 2011.
Dated: February 3, 2011.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting
Captain of the Port Baltimore.
[FR Doc. 2011–3570 Filed 2–16–11; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Parts 154 and 155
[Docket No. USCG–1998–4354 and USCG–
1999–5705]
RIN 2115–AE87 and 2115–AE88
Tank Vessel and Marine
Transportation-Related Facility
Response Plans for Hazardous
Substances
Coast Guard, DHS.
Proposed rules; reopening of
comment period.
AGENCY:
ACTION:
The Coast Guard is reopening
the comment periods on two proposed
rules before issuing final rules regarding
Tank Vessel Response Plans for
Hazardous Substances (USCG–1998–
4354) and Marine TransportationRelated Facility Response Plans for
Hazardous Substances (USCG–1999–
5705). The Coast Guard previously
published two notices of proposed
rulemaking (NPRMs) proposing to
require response plans for certain tank
vessels operating on the navigable
waters of the United States, as well as
marine transportation-related facilities,
that could reasonably be expected to
cause substantial harm to the
environment by discharging a hazardous
substance. The proposed regulations
were published to implement the
requirements put into place by the Oil
Pollution Act of 1990, but were never
published as final rules. Because of the
lapse in time since the NPRM
publications, the Coast Guard is
reopening the comment period to allow
for any additional or updated comments
from the public before publishing the
final rules.
DATES: Comments and related material
must either be submitted to the
appropriate online docket via https://
www.regulations.gov on or before May
18, 2011 or reach the Docket
Management Facility by that date.
ADDRESSES: You may submit comments
identified by docket number USCG–
1998–4354 and/or USCG–1999–5705
using any one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
SUMMARY:
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p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. Please submit comments to
the appropriate docket; if your
comments apply to both proposed rules,
please submit them to both dockets.
Viewing incorporation by reference
material: You may inspect the material
proposed for incorporation by reference
at room 2100, U.S. Coast Guard
Headquarters, 2100 Second Street, SW.,
Washington, DC 20593–0001 between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
telephone number is 202–267–6716.
Copies of the material are available as
indicated in the ‘‘Incorporation by
Reference’’ section of this preamble.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Raymond Martin,
Coast Guard; telephone 202–372–1449,
e-mail Raymond.W.Martin@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–1998–4354 and/or
USCG–1999–5705), indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
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]]>Agencies
[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Proposed Rules]
[Pages 9273-9276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3570]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0046]
RIN 1625-AA08
Special Local Regulations for Marine Events; Severn River, Spa
Creek and Annapolis Harbor, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations during the swim segment of the ``TriRock Annapolis''
triathlon, a marine event to be held on the waters of Spa Creek and
Annapolis Harbor on May 14, 2011. 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 Potomac River during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before March 21, 2011. Requests for public meetings must be
received by the Coast Guard on or before the end of the comment period.
See the SUPPLEMENTARY INFORMATION for discussion of the anticipated
effective date.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0046 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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 or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0046), indicate the specific section of this
document to which each comment
[[Page 9274]]
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online (via https://www.regulations.gov) or by fax, mail, or hand delivery, but please use
only one of these means. If you submit a comment online via https://www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an e-
mail address, or a telephone number in the body of your document so
that we can contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0046'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0046'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before the end of the comment period, using one
of the four methods specified under ADDRESSES. Please explain why you
believe a public meeting would be beneficial. If we determine that one
would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Basis and Purpose
On Saturday, May 14, 2011, Competitor Group Inc. of San Diego,
California, will sponsor the ``TriRock Annapolis'' triathlon in
Annapolis, Maryland. The swim segment of the event will occur from 7
a.m. to 8:30 a.m. and will be located in Spa Creek and Annapolis
Harbor. Up to 2,000 swimmers will operate on a 500-meter course located
between the Annapolis City Dock and the confluence of the Spa Creek
with the Severn River. The swimmers will be supported by sponsor-
provided watercraft. The start and finish will be located at the
Annapolis City Dock. A portion of the swim course will impede the
Federal navigation channel. Due to the need for vessel control during
the event, the Coast Guard would temporarily restrict vessel traffic in
the event area to provide for the safety of participants, spectators
and other transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of Spa Creek and Annapolis Harbor. The
regulations would be in effect from 6 a.m. to 9 a.m. on May 14, 2011.
The regulated area, approximately 900 yards in length, would extend
across the entire width of Spa Creek and Annapolis Harbor, within lines
connecting the following positions: From position latitude
38[deg]58'34'' N, longitude 076[deg]29'05'' W, thence to position
latitude 38[deg]58'27'' N, longitude 076[deg]28'55'' W, and from
position latitude 38[deg]58'53'' N, longitude 076[deg]28'34'' W to
position latitude 38[deg]58'21'' N, longitude 076[deg]28'26'' W. The
effect of this proposed rule would be to restrict general navigation in
the regulated area during the event. These regulations are needed to
control vessel traffic during the event to enhance the safety of
participants, spectators and transiting vessels.
Regulatory Analyses
We developed this proposed 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 proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary. Although this regulation will prevent traffic from
transiting a portion of Spa Creek and Annapolis Harbor 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 and marine information
broadcasts, 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 proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in the effected
portions of Spa Creek and Annapolis Harbor during the event.
Although this regulation prevents traffic from transiting a portion
of the Spa Creek and Annapolis Harbor during the event, this proposed
rule will not have a significant economic impact on a substantial
number of small entities
[[Page 9275]]
for the following reasons: Though the regulated area extends across the
entire width of the waterway, this proposed rule would be in effect for
only a limited period; and before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly. All
Coast Guard vessels enforcing this regulated area can be contacted on
marine band radio VHF-FM channel 16 (156.8 MHz).
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Coast Guard Sector Baltimore,
MD. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under 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 made a preliminary determination that 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
proposed rule involves implementation of regulations within 33 CFR Part
100 applicable to organized marine events on the navigable waters of
the United States that could negatively impact the safety 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. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add Sec. 100.35-T05-0046 to read as follows:
[[Page 9276]]
Sec. 100.35-T05-0046 Special Local Regulations for Marine Events;
Severn River, Spa Creek and Annapolis Harbor, Annapolis, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Spa Creek and Annapolis Harbor, within lines connecting
the following positions: From position latitude 38[deg]58'34'' N,
longitude 076[deg]29'05'' W, thence to position latitude 38[deg]58'27''
N, longitude 076[deg]28'55'' W, and from position latitude
38[deg]58'53'' N, longitude 076[deg]28'34'' W to position latitude
38[deg]58'21'' N, longitude 076[deg]28'26'' W. 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) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol vessel, a
vessel or person in the regulated area shall immediately comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(2) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement period: This section will be enforced from 6 a.m.
until 9 a.m. on May 14, 2011.
Dated: February 3, 2011.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2011-3570 Filed 2-16-11; 8:45 am]
BILLING CODE 9110-04-P
