Regulated Navigation Area; Magothy River, Sillery Bay, MD, 31895-31898 [2011-13688]

Download as PDF 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: srobinson on DSK4SPTVN1PROD with PROPOSALS 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] BILLING CODE 6570–01–P VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 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: http://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: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 31895 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 http:// 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 http:// 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 http:// 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 http://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 http://www.regulations.gov, click on the E:\FR\FM\02JNP1.SGM 02JNP1 31896 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules ‘‘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). srobinson on DSK4SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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 E:\FR\FM\02JNP1.SGM 02JNP1 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 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. srobinson on DSK4SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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 E:\FR\FM\02JNP1.SGM 02JNP1 31898 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 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] srobinson on DSK4SPTVN1PROD with PROPOSALS BILLING CODE 9110–04–P VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 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. http://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: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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 http:// 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 http:// www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The http:// 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 http:// 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 http:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the http://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 http:// 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, E:\FR\FM\02JNP1.SGM 02JNP1

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.

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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: http://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 http://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 http://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 http://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 http://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 http://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