Special Local Regulations for Marine Events; Chester River, Chestertown, MD, 29640-29642 [2011-12373]
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Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
you will be notified of the actual or
estimated amount of fees you will incur,
unless you earlier indicated your
willingness to pay fees as high as those
anticipated. When you are notified that
the actual or estimated fees exceed
$100.00, your FOIA request will not be
considered received by FHFA or FHFA–
OIG until you agree to pay the
anticipated total fee.
(e) Advance payment of fees. FHFA or
FHFA–OIG may request that you pay
estimated fees or a deposit in advance
of responding to your request. If FHFA
or FHFA–OIG requests advance
payment or a deposit, your request will
not be considered received by FHFA or
FHFA–OIG until the advance payment
or deposit is received. FHFA or FHFA–
OIG will request advance payment or a
deposit if—
(1) The fees are likely to exceed
$500.00. FHFA or FHFA–OIG will
notify you of the likely cost and obtain
from you satisfactory assurance of full
payment if you have a history of prompt
payment of FOIA fees to FHFA or
FHFA–OIG;
(2) You do not have a history of
payment, or if the estimate of fees
exceeds $1,000.00, FHFA or FHFA–OIG
may require an advance payment of fees
in an amount up to the full estimated
charge that will be incurred;
(3) You previously failed to pay a fee
to FHFA or FHFA–OIG in a timely
fashion, i.e., within 30 calendar days of
the date of a billing, FHFA or FHFA–
OIG may require you to make advance
payment of the full amount of the fees
anticipated before processing a new
request or finishing processing of a
pending request; or
(4) You have an outstanding balance
due from a prior request. FHFA or
FHFA–OIG may require you to pay the
full amount owed plus any applicable
interest, as provided in paragraph (f) of
this section, or demonstrate that the fee
owed has been paid, as well as payment
of the full amount of anticipated fees
before processing your request.
(f) Interest. FHFA or FHFA–OIG may
charge you interest on an unpaid bill
starting on the 31st calendar day
following the day on which the bill was
sent. Once a fee payment has been
received by FHFA or FHFA–OIG, even
if not processed, FHFA or FHFA–OIG
will stay the accrual of interest. Interest
charges will be assessed at the rate
prescribed by 31 U.S.C. 3717 and will
accrue from the date of the billing.
(g) FHFA or FHFA–OIG assistance to
reduce costs. If FHFA or FHFA–OIG
notifies you of estimated fees exceeding
$100.00 or requests advance payment or
a deposit, you will have an opportunity
to consult with FHFA or FHFA–OIG
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FOIA staff to modify or reformulate your
request to meet your needs at a lower
cost.
(h) Fee waiver requests. You may
request a fee waiver in accordance with
FOIA and this regulation. FHFA or
FHFA–OIG may grant your fee waiver
request if disclosure of the information
is in the public interest because it is
likely to contribute significantly to
public understanding of the operations
or activities of the Federal Government
and is not primarily in the commercial
interest of the requester. In submitting a
fee waiver request, you must address the
following six factors—
(1) Whether the subject of the
requested records concerns the
operations or activities of the Federal
Government;
(2) Whether the disclosure is likely to
contribute to an understanding of
Federal Government operations or
activities;
(3) Whether disclosure of the
requested information will contribute to
public understanding;
(4) Whether the disclosure is likely to
contribute significantly to public
understanding of Federal Government
operations or activities;
(5) Whether the requester has a
commercial interest that would be
furthered by the requested disclosure;
and
(6) Whether the magnitude of the
identified commercial interest of the
requester is sufficiently large, in
comparison with the public interest in
disclosure, that disclosure is primarily
in the commercial interest of the
requester.
(i) Determination on request. FHFA or
FHFA–OIG will notify you within 20
days of receipt of your request whether
the fee waiver has been granted. A
request for fee waiver that is denied may
only be appealed when a final decision
has been made on the initial FOIA
request.
§ 1202.12 Is there anything else I need to
know about FOIA procedures?
This FOIA regulation does not and
shall not be construed to create any
right or to entitle any person, as of right,
to any service or to the disclosure of any
record to which such person is not
entitled under FOIA. This regulation
only provides procedures for requesting
records under FOIA.
Dated: May 12, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2011–12485 Filed 5–20–11; 8:45 am]
BILLING CODE 8070–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0126]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Chester River, Chestertown,
MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations
during the reenactment portion of the
‘‘Chestertown Tea Party Festival,’’ a
marine event to be held on the waters
of the Chester River, Chestertown, MD
on May 28, 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 Chester River
during the event.
DATES: This rule is effective from
10 a.m. until 5 p.m. on May 28, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0126 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0126 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Mr. Ronald Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
On March 21, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations for
Marine Events; Chester River,
Chestertown, MD’’ in the Federal
Register (76 FR 54). We received no
E:\FR\FM\23MYR1.SGM
23MYR1
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
comments on the proposed rule. No
public meeting was requested, and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment against the hazards
associated with a large number of
spectator vessels operating on navigable
waters in the immediate vicinity of the
event’s participating vessels. Such
hazards include injuries or death caused
by vessel collisions, capsizings and
sinkings, navigational obstructions,
damage to watercraft and waterfront
property, and oil pollution in the
environment. Therefore, a 30-day notice
is contrary to the public interest.
Delaying the effective date would be
contrary to the regulated area’s intended
objectives of protecting persons and
vessels involved in the event, and
enhancing public and maritime safety.
In addition, delaying the effective date
is unnecessary. This regulation has
generated very little public interest and
affects a very limited section of the
waterway for less than a full day. During
the comment period for this event (and
a similar event in 2010, docket number
[USCG–2010–0081]), zero comments
were received.
Basis and Purpose
On May 28, 2011, the Chestertown
Tea Party Festival will sponsor a
reenactment in the Chester River at
Chestertown, MD. The key component
of the event consists of the Schooner
SULTANA departing from its berth in
Chestertown, transiting 200 yards to an
anchorage location, embarking and
disembarking Tea Party actors by
dinghy, and then returning to its berth.
Due to the need for vessel control
during the event, the Coast Guard will
temporarily restrict vessel traffic in the
event area to provide for the safety of
participants, spectators and other
transiting vessels.
Discussion of Comments and Changes
jdjones on DSK8KYBLC1PROD with RULES
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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29641
Regulatory Planning and Review
This 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, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation will
prevent traffic from transiting a portion
of the Chester River during the event,
the effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via the Local Notice to
Mariners 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 safely
around the regulated area.
maritime advisories so mariners can
adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may 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 Chester
River during the event.
Although this regulation prevents
traffic from transiting a portion of the
Chester River at Chestertown, MD
during the event, this rule will not have
a significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only a limited period. The
regulated area is of limited size. Vessel
traffic will be able to transit safely
around the regulated area. Before the
enforcement period, we will issue
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Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
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29642
Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Rules and Regulations
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
jdjones on DSK8KYBLC1PROD with RULES
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR Part 100 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. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
latitude 39°12′16″ N, longitude
076°03′48″ W; thence to the point of
origin at latitude 39°12′27″ N, longitude
076°03′46″ W, located at Chestertown,
Maryland. 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: (1) This
section will be enforced from 10 a.m.
until 5 p.m. on May 28, 2011.
(2) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
Dated: May 4, 2011.
Mark P. O’Malley,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore, Maryland.
[FR Doc. 2011–12373 Filed 5–20–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 1233.
2. Add a temporary section, § 100.35–
T05–0126, to read as follows:
33 CFR Part 100
§ 100.35–T05–0126 Special Local
Regulations for Marine Events; Chester
River, Chestertown, MD.
RIN 1625–AA08
■
(a) Regulated area. The following
locations are regulated areas: All waters
of the Chester River, within a line
connecting the following positions:
Latitude 39°12′27″ N, longitude
076°03′46″ W; thence to latitude
39°12′19″ N, longitude 076°03′53″ W;
thence to latitude 39°12′25″ N,
longitude 076°03′41″ W; thence to
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[Docket No. USCG–2011–0289]
Special Local Regulations; Miami
Super Boat Grand Prix, Miami Beach,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations on
the waters of the Atlantic Ocean east of
SUMMARY:
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23MYR1
]]>Agencies
[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29640-29642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12373]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0126]
RIN 1625-AA08
Special Local Regulations for Marine Events; Chester River,
Chestertown, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the reenactment portion of the ``Chestertown Tea Party
Festival,'' a marine event to be held on the waters of the Chester
River, Chestertown, MD on May 28, 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 Chester River during the event.
DATES: This rule is effective from 10 a.m. until 5 p.m. on May 28,
2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0126 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0126 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald Houck, Sector Baltimore
Waterways Management Division, Coast Guard; telephone 410-576-2674, e-
mail Ronald.L.Houck@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 21, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Chester
River, Chestertown, MD'' in the Federal Register (76 FR 54). We
received no
[[Page 29641]]
comments on the proposed rule. No public meeting was requested, and
none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment against the hazards associated with a
large number of spectator vessels operating on navigable waters in the
immediate vicinity of the event's participating vessels. Such hazards
include injuries or death caused by vessel collisions, capsizings and
sinkings, navigational obstructions, damage to watercraft and
waterfront property, and oil pollution in the environment. Therefore, a
30-day notice is contrary to the public interest. Delaying the
effective date would be contrary to the regulated area's intended
objectives of protecting persons and vessels involved in the event, and
enhancing public and maritime safety. In addition, delaying the
effective date is unnecessary. This regulation has generated very
little public interest and affects a very limited section of the
waterway for less than a full day. During the comment period for this
event (and a similar event in 2010, docket number [USCG-2010-0081]),
zero comments were received.
Basis and Purpose
On May 28, 2011, the Chestertown Tea Party Festival will sponsor a
reenactment in the Chester River at Chestertown, MD. The key component
of the event consists of the Schooner SULTANA departing from its berth
in Chestertown, transiting 200 yards to an anchorage location,
embarking and disembarking Tea Party actors by dinghy, and then
returning to its berth. Due to the need for vessel control during the
event, the Coast Guard will temporarily restrict vessel traffic in the
event area to provide for the safety of participants, spectators and
other transiting vessels.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will prevent traffic from transiting a portion of the Chester River
during the event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect
and the extensive advance notifications that will be made to the
maritime community via the Local Notice to Mariners 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 safely around
the regulated area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may 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 Chester River
during the event.
Although this regulation prevents traffic from transiting a portion
of the Chester River at Chestertown, MD during the event, this rule
will not have a significant economic impact on a substantial number of
small entities for the following reasons. This rule will be in effect
for only a limited period. The regulated area is of limited size.
Vessel traffic will be able to transit safely around the regulated
area. Before the enforcement period, we will issue maritime advisories
so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 29642]]
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves implementation of regulations
within 33 CFR Part 100 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. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary section, Sec. 100.35-T05-0126, to read as follows:
Sec. 100.35-T05-0126 Special Local Regulations for Marine Events;
Chester River, Chestertown, MD.
(a) Regulated area. The following locations are regulated areas:
All waters of the Chester River, within a line connecting the following
positions: Latitude 39[deg]12'27'' N, longitude 076[deg]03'46'' W;
thence to latitude 39[deg]12'19'' N, longitude 076[deg]03'53'' W;
thence to latitude 39[deg]12'25'' N, longitude 076[deg]03'41'' W;
thence to latitude 39[deg]12'16'' N, longitude 076[deg]03'48'' W;
thence to the point of origin at latitude 39[deg]12'27'' N, longitude
076[deg]03'46'' W, located at Chestertown, Maryland. 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: (1) This section will be enforced from 10
a.m. until 5 p.m. on May 28, 2011.
(2) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
Dated: May 4, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. 2011-12373 Filed 5-20-11; 8:45 am]
BILLING CODE 9110-04-P
