Regulated Navigation Area; Magothy River, Sillery Bay, MD, 31895-31898 [2011-13688]
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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules
business entities is minimal. For this
reason, a regulatory flexibility analysis
is not required.
Unfunded Mandates Reform Act of 1995
This final rule will not result in the
expenditure by State, local, or Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This action does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 29 CFR Part 1602
Administrative practice and
procedure, Equal Employment
Opportunity.
For the Commission.
Dated: May 25, 2011.
Jacqueline A. Berrien,
Chair.
Accordingly, part 1602 is proposed to
be amended as follows:
PART 1602—RECORDKEEPING AND
REPORTING REQUIREMENTS UNDER
TITLE VII, THE ADA, AND GINA
1. The authority citation for part 1602
continues to read as follows:
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Authority: 42 U.S.C. 2000e–8, 2000e–12;
44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42
U.S.C. 2000ff–6.
2. Amend Part 1602 by removing the
words ‘‘title VII or the ADA’’ and adding
in their place the words ‘‘title VII, the
ADA, or GINA’’ in the following places:
• § 1602.14;
• § 1602.21(b);
• § 1602.28(a);
• § 1602.31.
[FR Doc. 2011–13629 Filed 6–1–11; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0125]
RIN 1625–AA11
Regulated Navigation Area; Magothy
River, Sillery Bay, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary regulated
navigation area (RNA) in certain waters
of the Magothy River, in Sillery Bay,
Maryland, on July 23, 2011. This RNA
is necessary to provide for the safety of
life, property and the environment. This
RNA restricts the movement of vessels
throughout the regulated area during
The Bumper Bash 2011 event.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 5, 2011. Requests for
public meetings must be received by the
Coast Guard on or before the end of the
comment period.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0125 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.
SUMMARY:
If
you have questions on this proposed
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 or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
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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–2011–0125),
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–2011–0125’’ 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
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‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0125’’ 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).
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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 July 23, 2011, hundreds of
recreational boaters are expected to
gather in Sillery Bay at Dobbins Island,
Maryland for an event called ‘‘The
Bumper Bash 2011.’’ The activity began
in 2007. Due to the growing presence of
boaters in recent years, the annual event
has become increasingly congested. An
estimated 700 recreational boats were
anchored or moored alongside other
boats (rafted). The gathering of persons
on recreational vessels or other water
craft create large lines of rafted boats
filling in the beachfront area of Dobbins
Island. The persons and vessels
exceeded a safe limit. Accidental
drownings, personnel injuries, boat
fires, boat capsizings and sinkings, and
boating collisions are safety concerns
during such overcrowded events.
Access on the water for emergency
response to the beach area is critical.
The Coast Guard has the authority to
impose appropriate controls on
activities that may pose a threat to
persons, vessels and facilities under its
jurisdiction. The Coast Guard proposes
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to establish a temporary RNA that will
be enforced during a gathering of
persons on recreational vessels and
other water craft held in the Magothy
River, in Sillery Bay, Maryland. The
proposed rule is needed to control
movement within a waterway that is
expected to be populated by persons
and vessels seeking to attend The
Bumper Bash 2011 event.
Discussion of Proposed Rule
The Coast Guard anticipates a large
recreational boating fleet in the Magothy
River, in Sillery Bay, during The
Bumper Bash at Dobbins Island,
Maryland on July 23, 2011. Due to the
need for vessel control during the
activity, vessel traffic will be restricted
to provide for the safety of persons and
vessels within the regulated area.
The purpose of this rule is to promote
maritime safety, and to protect the
environment and mariners transiting the
area from the potential hazards
associated with a large gathering of
recreational vessels and other watercraft
along a confined beachfront area with
swimmers and others present. This rule
proposes to establish a temporary RNA
in the Magothy River, in Sillery Bay,
within lines connecting the following
positions: from position latitude
39°04′48″ N, longitude 076°27′35″ W;
thence to position latitude 39°04′48″ N,
longitude 076°27′19″ W; thence to
position latitude 39°04′59″ N, longitude
076°27′45″ W; thence to position
latitude 39°04′59″ N, longitude
076°28′01″ W; thence to position
latitude 39°04′41″ N, longitude
076°27′51″ W. All coordinates reference
Datum NAD 1983. The rule will impact
the movement of all persons and vessels
in the regulated area, and will limit the
density of vessels and other watercraft
operating, remaining or anchoring
within the regulated area at the
discretion of the District Commander, to
ensure an open water route remains
accessible to law enforcement and
emergency personnel during the
effective period. Public vessels located
within the regulated area will not
contribute to the density determination.
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
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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. The effect of this regulation will
not be significant due to the limited size
and duration that the regulated area will
be in effect and vessels transiting the
Magothy River may proceed safely
around the RNA. In addition,
notifications will be made to the
maritime community via marine
information broadcasts so mariners may
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 may affect
the following entities, some of which
might be small entities: The owners or
operators of vessels intending to
operate, remain or anchor within the
RNA, from 8 a.m. until 10 p.m. on July
23, 2011. This temporary RNA will not
have a significant economic impact on
a substantial number of small entities
for the following reasons. Traffic would
be allowed to pass within the RNA with
the permission of the District
Commander. Vessels transiting the
Magothy River may proceed safely
around the RNA. Also, the Coast Guard
will issue maritime advisories widely
available to users of the waterway before
the effective period.
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
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business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Coast Guard
Sector Baltimore, Waterways
Management Division, at telephone
number (410) 576–2674. 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.
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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
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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
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31897
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a temporary
regulated navigation area. 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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–0125 to
read as follows:
§ 165.T05–0125 Regulated Navigation
Area; Magothy River, Sillery Bay, MD.
(a) Regulated area. The following area
is a regulated navigation area: All waters
of the Magothy River, in Sillery Bay,
within lines connecting the following
positions: from position latitude
39°04′48″ N, longitude 076°27′35″ W;
thence to position latitude 39°04′48″ N,
longitude 076°27′19″ W; thence to
position latitude 39°04′59″ N, longitude
076°27′45″ W; thence to position
latitude 39°04′59″ N, longitude
076°28′01″ W; thence to position
latitude 39°04′41″ N, longitude
076°27′51″ W. All coordinates reference
Datum NAD 1983.
(b) Definition. The District
Commander means the Commander,
Fifth Coast Guard District or any Coast
Guard commissioned, warrant, or petty
officer who has been authorized by the
Commander, Fifth Coast Guard District
to act on his or her behalf, or his or her
designated representative.
(c) Regulations. The general regulated
navigation area regulations found in 33
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CFR 165.13 apply to the regulated
navigation area created by this
temporary section, § 165.T05–0125.
(1) All vessels and persons are
prohibited from entering and accessing
this regulated navigation area, except as
authorized by the District Commander
or his or her designated representative.
(2) Persons or vessels requiring entry
into or passage within the regulated
navigation area must request
authorization from the District
Commander or his or her designated
representative, by telephone at (410)
576–2693 or by marine band radio on
VHF–FM Channel 16 (156.8 MHz), from
8 a.m. until 10 p.m. on July 23, 2011.
All Coast Guard vessels enforcing this
regulated navigation area can be
contacted on marine band radio VHF–
FM Channel 16 (156.8 MHz).
(3) All vessels and persons must
comply with instructions of the District
Commander or the designated
representative.
(4) The operator of any vessel entering
or located within this regulated
navigation area shall:
(i) Travel at no-wake speed,
(ii) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(iii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the regulated navigation
area by any Federal, State, and local
agencies.
(e) Enforcement period. This section
will be enforced from 8 a.m. until 10
p.m. on July 23, 2011.
Dated: May 23, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2011–13688 Filed 6–1–11; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0798–201133; FRL–
9314–2]
Approval and Promulgation of
Implementation Plans and
Designations of Areas for Air Quality
Planning Purposes; Georgia: Rome;
Determination of Attainment by
Applicable Attainment Date for the
1997 Annual Fine Particulate
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine pursuant to the Clean Air Act
(CAA), that the Rome, Georgia fine
particulate (PM2.5) nonattainment area
(hereafter referred to as ‘‘the Rome Area’’
or ‘‘the Area’’) attained the 1997 annual
PM2.5 national ambient air quality
standards (NAAQS) by the applicable
attainment date of April 5, 2010. The
determination of attainment was
previously made by EPA on April 5,
2011, based on quality-assured and
certified monitoring data for the 2007–
2009 monitoring period, that Rome,
Georgia had attained the 1997 annual
PM2.5 NAAQS. The Rome Area is
comprised of Floyd County, Georgia in
its entirety. EPA is now proposing to
find that the Rome Area attained the
1997 annual PM2.5 NAAQS by its
applicable attainment date. EPA is
proposing this action because it is
consistent with the CAA and its
implementing regulations.
DATES: Comments must be received on
or before July 5, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0798, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2010–0798,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
SUMMARY:
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Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0798. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
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]]>Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31895-31898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13688]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0125]
RIN 1625-AA11
Regulated Navigation Area; Magothy River, Sillery Bay, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area (RNA) in certain waters of the Magothy River, in
Sillery Bay, Maryland, on July 23, 2011. This RNA is necessary to
provide for the safety of life, property and the environment. This RNA
restricts the movement of vessels throughout the regulated area during
The Bumper Bash 2011 event.
DATES: Comments and related material must be received by the Coast
Guard on or before July 5, 2011. Requests for public meetings must be
received by the Coast Guard on or before the end of the comment period.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0125 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, Sector Baltimore Waterways
Management Division, Coast Guard; 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-2011-0125), 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-2011-0125'' 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
[[Page 31896]]
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``USCG-2011-0125'' 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 July 23, 2011, hundreds of recreational boaters are expected to
gather in Sillery Bay at Dobbins Island, Maryland for an event called
``The Bumper Bash 2011.'' The activity began in 2007. Due to the
growing presence of boaters in recent years, the annual event has
become increasingly congested. An estimated 700 recreational boats were
anchored or moored alongside other boats (rafted). The gathering of
persons on recreational vessels or other water craft create large lines
of rafted boats filling in the beachfront area of Dobbins Island. The
persons and vessels exceeded a safe limit. Accidental drownings,
personnel injuries, boat fires, boat capsizings and sinkings, and
boating collisions are safety concerns during such overcrowded events.
Access on the water for emergency response to the beach area is
critical. The Coast Guard has the authority to impose appropriate
controls on activities that may pose a threat to persons, vessels and
facilities under its jurisdiction. The Coast Guard proposes to
establish a temporary RNA that will be enforced during a gathering of
persons on recreational vessels and other water craft held in the
Magothy River, in Sillery Bay, Maryland. The proposed rule is needed to
control movement within a waterway that is expected to be populated by
persons and vessels seeking to attend The Bumper Bash 2011 event.
Discussion of Proposed Rule
The Coast Guard anticipates a large recreational boating fleet in
the Magothy River, in Sillery Bay, during The Bumper Bash at Dobbins
Island, Maryland on July 23, 2011. Due to the need for vessel control
during the activity, vessel traffic will be restricted to provide for
the safety of persons and vessels within the regulated area.
The purpose of this rule is to promote maritime safety, and to
protect the environment and mariners transiting the area from the
potential hazards associated with a large gathering of recreational
vessels and other watercraft along a confined beachfront area with
swimmers and others present. This rule proposes to establish a
temporary RNA in the Magothy River, in Sillery Bay, within lines
connecting the following positions: from position latitude
39[deg]04[min]48[sec] N, longitude 076[deg]27[min]35[sec] W; thence to
position latitude 39[deg]04[min]48[sec] N, longitude
076[deg]27[min]19[sec] W; thence to position latitude
39[deg]04[min]59[sec] N, longitude 076[deg]27[min]45[sec] W; thence to
position latitude 39[deg]04[min]59[sec] N, longitude
076[deg]28[min]01[sec] W; thence to position latitude
39[deg]04[min]41[sec] N, longitude 076[deg]27[min]51[sec] W. All
coordinates reference Datum NAD 1983. The rule will impact the movement
of all persons and vessels in the regulated area, and will limit the
density of vessels and other watercraft operating, remaining or
anchoring within the regulated area at the discretion of the District
Commander, to ensure an open water route remains accessible to law
enforcement and emergency personnel during the effective period. Public
vessels located within the regulated area will not contribute to the
density determination.
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. The effect of this
regulation will not be significant due to the limited size and duration
that the regulated area will be in effect and vessels transiting the
Magothy River may proceed safely around the RNA. In addition,
notifications will be made to the maritime community via marine
information broadcasts so mariners may 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 may affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to operate, remain or anchor within the
RNA, from 8 a.m. until 10 p.m. on July 23, 2011. This temporary RNA
will not have a significant economic impact on a substantial number of
small entities for the following reasons. Traffic would be allowed to
pass within the RNA with the permission of the District Commander.
Vessels transiting the Magothy River may proceed safely around the RNA.
Also, the Coast Guard will issue maritime advisories widely available
to users of the waterway before the effective period.
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
[[Page 31897]]
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact Coast Guard Sector Baltimore, Waterways Management Division, at
telephone number (410) 576-2674. 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 that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a temporary regulated navigation area. 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add temporary Sec. 165.T05-0125 to read as follows:
Sec. 165.T05-0125 Regulated Navigation Area; Magothy River, Sillery
Bay, MD.
(a) Regulated area. The following area is a regulated navigation
area: All waters of the Magothy River, in Sillery Bay, within lines
connecting the following positions: from position latitude
39[deg]04'48'' N, longitude 076[deg]27'35'' W; thence to position
latitude 39[deg]04'48'' N, longitude 076[deg]27'19'' W; thence to
position latitude 39[deg]04'59'' N, longitude 076[deg]27'45'' W; thence
to position latitude 39[deg]04'59'' N, longitude 076[deg]28'01'' W;
thence to position latitude 39[deg]04'41'' N, longitude 076[deg]27'51''
W. All coordinates reference Datum NAD 1983.
(b) Definition. The District Commander means the Commander, Fifth
Coast Guard District or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Commander, Fifth Coast Guard
District to act on his or her behalf, or his or her designated
representative.
(c) Regulations. The general regulated navigation area regulations
found in 33
[[Page 31898]]
CFR 165.13 apply to the regulated navigation area created by this
temporary section, Sec. 165.T05-0125.
(1) All vessels and persons are prohibited from entering and
accessing this regulated navigation area, except as authorized by the
District Commander or his or her designated representative.
(2) Persons or vessels requiring entry into or passage within the
regulated navigation area must request authorization from the District
Commander or his or her designated representative, by telephone at
(410) 576-2693 or by marine band radio on VHF-FM Channel 16 (156.8
MHz), from 8 a.m. until 10 p.m. on July 23, 2011. All Coast Guard
vessels enforcing this regulated navigation area can be contacted on
marine band radio VHF-FM Channel 16 (156.8 MHz).
(3) All vessels and persons must comply with instructions of the
District Commander or the designated representative.
(4) The operator of any vessel entering or located within this
regulated navigation area shall:
(i) Travel at no-wake speed,
(ii) Stop the vessel immediately upon being directed to do so by
any commissioned, warrant or petty officer on board a vessel displaying
a Coast Guard Ensign, and
(iii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the regulated navigation area by any Federal, State,
and local agencies.
(e) Enforcement period. This section will be enforced from 8 a.m.
until 10 p.m. on July 23, 2011.
Dated: May 23, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2011-13688 Filed 6-1-11; 8:45 am]
BILLING CODE 9110-04-P
