Special Local Regulations for Marine Events; Patapsco River, Northwest Harbor, Baltimore, MD, 19926-19929 [2011-8519]
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19926
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules
(B) [Reserved]
(ii) [Reserved]
(10) Instead of complying with section
11.1 of ASTM F 2085–10a, comply with
the following:
(i) 11.1 Instructions must be
provided with the portable bed rail and
must be easy to read and understand.
Assembly, installation, maintenance,
cleaning, operating, and adjustment
instructions and warnings, where
applicable, must be included.
(ii) [Reserved]
Dated: April 6, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2011–8558 Filed 4–8–11; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1500
Portable Bed Rails: Withdrawal of
Advance Notice of Proposed
Rulemaking
Consumer Product Safety
Commission.
ACTION: Withdrawal of advance notice of
proposed rulemaking.
AGENCY:
The U.S. Consumer Product
Safety Commission (‘‘Commission,’’
‘‘CPSC,’’ or ‘‘we’’) is terminating a
proceeding initiated for portable bed
rails under the Federal Hazardous
Substances Act (‘‘FHSA’’), which the
Commission began with publication of
an advance notice of proposed
rulemaking (‘‘ANPR’’) on October 3,
2000, 65 FR 58968. On August 14, 2008,
the Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’) was
enacted. Section 104(b) of the CPSIA
requires the Commission to promulgate
consumer product safety standards for
durable infant or toddler products,
which are to be ‘‘substantially the same
as’’ applicable voluntary standards (or
more stringent requirements if they
would further reduce the risk of injury
associated with the product). Elsewhere
in this issue of the Federal Register, we
are proposing a safety standard for
portable bed rails in response to section
104(b) of the CPSIA. The proposed
portable bed rail standard includes
provisions that address the risks of
injury identified in the ANPR.
DATES: The advanced notice of proposed
rulemaking published on October 3,
2000 (65 59868) is withdrawn as of
April 11, 2011.
FOR FURTHER INFORMATION CONTACT:
Rohit Khanna, Project Manager, Office
emcdonald on DSK2BSOYB1PROD with PROPOSALS
SUMMARY:
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of Hazard Identification and Reduction,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7546; rkhanna@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
In the Federal Register of October 3,
2000 (65 FR 58968), we published an
advance notice of proposed rulemaking
(‘‘ANPR’’), which initiated a rulemaking
proceeding that could result in a rule
banning portable bed rails that present
an unreasonable risk of injury under the
FHSA. After publication of the ANPR,
we worked with the voluntary standards
group, ASTM International (formerly
known as the American Society for
Testing and Materials), which added
provisions in its standard for portable
bed rails, ASTM F 2085, Standard
Consumer Safety Specification for
Portable Bed Rails, to address
entrapment hazards. ASTM
subsequently revised its standard to also
address the structural integrity of bed
rails. The current edition of the standard
is ASTM F 2085–10a.
The Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’,
Pub. L. 110–314) was enacted on August
14, 2008. Section 104(b) of the CPSIA
requires the Commission to promulgate
consumer product safety standards for
durable infant or toddler products.
These standards are to be ‘‘substantially
the same as’’ applicable voluntary
standards or more stringent than the
voluntary standard if the Commission
concludes that more stringent
requirements would further reduce the
risk of injury associated with the
product. Elsewhere in this issue of the
Federal Register, we are publishing a
proposed rule that would establish
safety standards for portable bed rails
that would incorporate by reference
voluntary standard ASTM F 2085–10a,
Standard Consumer Safety
Specification for Portable Bed Rails,
with certain modifications to strengthen
the standard, making it more stringent
and reducing the risk of injury
associated with these products,
including provisions that address foam
and inflatable bed rail products, and
new performance requirements to
reduce the likelihood of misassembly
and misinstallation of portable bed rails
by consumers.
B. Withdrawal of the ANPR
The rulemaking that the Commission
is now initiating under section 104(b) of
the CPSIA proposes to establish new
requirements for portable bed rails that
will include the ASTM F 2085–10a,
Standard Consumer Safety
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Specification for Portable Bed Rails,
with modifications. Accordingly, we are
withdrawing the October 3, 2000 ANPR
and terminating that rulemaking.
Dated: April 6, 2011.
Todd S. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2011–8557 Filed 4–8–11; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0182]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Patapsco River, Northwest
Harbor, Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish 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 on
June 25, 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 Patapsco River
during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 26, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0182 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
SUMMARY:
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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules
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.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0182),
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 (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–2011–0182’’ 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
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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–
0182’’ 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 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.
Background and Purpose
On June 25, 2011, the Baltimore
Dragon Boat Club 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 or 3 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
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Discussion of Proposed Rule
The Coast Guard proposes to establish
temporary special local regulations on
specified waters of the Patapsco River,
Northwest Harbor, in Baltimore, MD.
The regulations will be in effect from
6 a.m. to 6 p.m. on June 25, 2011. In the
case of inclement weather this marine
event may be postponed and
rescheduled for 6 a.m. to 6 p.m. on June
26, 2011. The regulated area includes all
waters of the Patapsco River, Northwest
Harbor, in Baltimore, MD, 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 between the
east and west lines of reference. The
effect of this proposed rule will be to
restrict general navigation in the
regulated area during the event. Except
for persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area. Vessel traffic will be
allowed to transit the regulated area at
slow speed between heats, when the
Coast Guard Patrol Commander
determines it is safe to do so. 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.
Executive Order 12866 and Executive
Order 13563
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563 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 the Patapsco
River during the event, the effect of this
regulation will not be significant due to
the limited duration that the regulated
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emcdonald on DSK2BSOYB1PROD with PROPOSALS
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.
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.
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.
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 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 proposed rule will
not have a significant economic impact
on a substantial number of small entities
for the following reasons. This proposed
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.
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.
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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
Protection of Children
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Collection of Information
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
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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
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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules
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 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, and is
categorically excluded from further
analysis under paragraph 34(g) of the
Commandant Instruction. This 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:
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 6 p.m. on June 25, 2011.
(2) In the case of inclement weather
this marine event may be postponed and
rescheduled for 6 a.m. to 6 p.m. on June
26, 2011.
(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: March 23, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2011–8519 Filed 4–8–11; 8:45 am]
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
BILLING CODE 9110–04–P
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–
T05–0182 to read as follows:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
emcdonald on DSK2BSOYB1PROD with PROPOSALS
§ 100.35–T05–0182 Special Local
Regulations for Marine Events; Patapsco
River, Northwest Harbor, Baltimore, MD.
50 CFR Part 648
(a) Regulated area. The following
locations are regulated areas: All waters
of the Patapsco River, Northwest
Harbor, 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 between the east and west
lines of reference in Baltimore, MD. 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
RIN 0648–BA71
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[Docket No. 110329229–1219–02]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Amendment 15 to
the Atlantic Sea Scallop Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 15 to the
Atlantic Sea Scallop Fishery
Management Plan (FMP), which was
developed by the New England Fishery
Management Council (Council). The
Council submitted Amendment 15,
SUMMARY:
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19929
incorporating the Final Environmental
Impact Statement (FEIS) and the Initial
Regulatory Flexibility Analysis (IRFA),
for review by the Secretary of
Commerce. NMFS has also published a
Notice of Availability requesting
comments from the public on
Amendment 15 pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). Amendment 15 was developed
primarily to implement annual catch
limits (ACLs) and accountability
measures (AMs) to bring the Scallop
FMP into compliance with requirements
of the MSA as reauthorized in 2007.
Amendment 15 includes additional
measures recommended by the Council,
including: A revision of the overfishing
definition (OFD); modification of the
essential fish habitat (EFH) closed areas
under the Scallop FMP; adjustments to
measures for the Limited Access
General Category (LAGC) fishery;
adjustments to the scallop research setaside (RSA) program; and additions to
the list of measures that can be adjusted
by framework adjustments.
DATES:
Comments must be received by 5
p.m., Eastern Standard Time, by May
26, 2011.
ADDRESSES: An FEIS was prepared for
Amendment 15 that describes the
proposed action and its alternatives and
provides a thorough analysis of the
impacts of proposed measures and their
alternatives. Copies of Amendment 15,
including the FEIS and the IRFA, are
available from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. These
documents are also available online at
https://www.nefmc.org.
You may submit comments, identified
by 0648–BA71, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn: Peter
Christopher.
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
Scallop Amendment 15 Proposed
Regulations.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
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]]>Agencies
[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Proposed Rules]
[Pages 19926-19929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8519]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0182]
RIN 1625-AA08
Special Local Regulations for Marine Events; Patapsco River,
Northwest Harbor, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish 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 on June 25, 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 Patapsco River during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 26, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0182 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
[[Page 19927]]
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-2011-0182), 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 (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-2011-0182'' 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-2011-0182'' 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 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.
Background and Purpose
On June 25, 2011, the Baltimore Dragon Boat Club 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 or 3 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 Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the Patapsco River, Northwest
Harbor, in Baltimore, MD. The regulations will be in effect from 6 a.m.
to 6 p.m. on June 25, 2011. In the case of inclement weather this
marine event may be postponed and rescheduled for 6 a.m. to 6 p.m. on
June 26, 2011. The regulated area includes all waters of the Patapsco
River, Northwest Harbor, in Baltimore, MD, 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 between the east and west lines of
reference. The effect of this proposed rule will be to restrict general
navigation in the regulated area during the event. Except for persons
or vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in the regulated area. Vessel traffic will
be allowed to transit the regulated area at slow speed between heats,
when the Coast Guard Patrol Commander determines it is safe to do so.
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.
Executive Order 12866 and Executive Order 13563
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563 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 the Patapsco River during
the event, the effect of this regulation will not be significant due to
the limited duration that the regulated
[[Page 19928]]
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. 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 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 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities for the following reasons. This proposed 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.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
[[Page 19929]]
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 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, and is categorically
excluded from further analysis under paragraph 34(g) of the Commandant
Instruction. This 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 a temporary section, Sec. 100.35-T05-0182 to read as
follows:
Sec. 100.35-T05-0182 Special Local Regulations for Marine Events;
Patapsco River, Northwest Harbor, Baltimore, MD.
(a) Regulated area. The following locations are regulated areas:
All waters of the Patapsco River, Northwest Harbor, within an area
bounded by the following lines of reference: Bounded on the west by a
line running along longitude 076[deg]35'35'' W; bounded on the east by
a line running along longitude 076[deg]35'10'' W; bounded on the north
by a line running along latitude 39[deg]16'40'' N; and bounded on the
south by the shoreline between the east and west lines of reference in
Baltimore, MD. 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 6 p.m. on June 25, 2011.
(2) In the case of inclement weather this marine event may be
postponed and rescheduled for 6 a.m. to 6 p.m. on June 26, 2011.
(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: March 23, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-8519 Filed 4-8-11; 8:45 am]
BILLING CODE 9110-04-P
