Special Local Regulations for Marine Events, Patuxent River; Solomons, MD, 47279-47281 [2012-19373]
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
(2) If the lot number of the pushrod
matches any of those listed in the table in
paragraph 3.B.(2) of Bombardier Service
Bulletin 84–32–75, dated June 1, 2010, before
further flight, replace the pushrod, in
accordance with paragraph 3.B.,
Rectification, of the Accomplishment
Instructions of Bombardier Service Bulletin
84–32–75, dated June 1, 2010.
(m) Parts Installation Prohibition
For Model DHC–8–400, –401, and –402
airplanes, serial numbers 4006, 4008, 4012
through 4015 inclusive, 4018 through 4023
inclusive, and 4073 through 4197 inclusive:
As of the effective date of this AD, no person
may install a pushrod, P/N 83232012–001,
with the lot number listed in the table in
paragraph 3.B.(2) of Bombardier Service
Bulletin 84–32–75, dated June 1, 2010, on
any airplane.
wreier-aviles on DSK5TPTVN1PROD with RULES
(n) Credit for Previous Actions
This paragraph provides credit for the
actions required by paragraphs (g) and (j) of
this AD, if those actions were performed
before the effective date of this AD using the
service bulletins identified in paragraph
(n)(1) or (n)(2) of this AD.
(1) Bombardier Service Bulletin 8–27–100,
dated October 10, 2008 (for paragraph (g) of
this AD).
(2) Bombardier Service Bulletin 84–27–21,
dated October 10, 2008 (for paragraph (j) of
this AD).
(o) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the ACO, send it to ATTN:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone 516–228–7300; fax 516–
794–5531. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(1) Bombardier Service Bulletin 8–27–99,
dated October 10, 2008.
(2) Bombardier Service Bulletin 8–27–100,
Revision A, dated March 22, 2011.
(3) Bombardier Service Bulletin 8–32–156,
dated February 26, 2010.
(4) Bombardier Service Bulletin 84–27–21,
Revision A, dated March 22, 2011.
(5) Bombardier Service Bulletin 84–32–28,
dated November 27, 2008.
(6) Bombardier Service Bulletin 84–32–75,
dated June 1, 2010.
DEPARTMENT OF HOMELAND
SECURITY
(q) Material Incorporated by Reference
AGENCY:
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Bombardier Service Bulletin 8–27–99,
dated October 10, 2008.
(ii) Bombardier Service Bulletin 8–27–100,
Revision A, dated March 22, 2011.
(iii) Bombardier Service Bulletin 8–32–156,
dated February 26, 2010.
(iv) Bombardier Service Bulletin 84–27–21,
Revision A, dated March 22, 2011.
(v) Bombardier Service Bulletin 84–32–28,
dated November 27, 2008.
(vi) Bombardier Service Bulletin 84–32–75,
dated June 1, 2010.
(3) For Bombardier service information
identified in this AD, contact Bombardier,
Inc., Q–Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K
1Y5, Canada; telephone 416–375–4000; fax
416–375–4539; email
thd.qseries@aero.bombardier.com; Internet
https://www.bombardier.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
ACTION:
Issued in Renton, Washington, on July 24,
2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
13:48 Aug 07, 2012
Jkt 226001
Coast Guard
33 CFR Part 100
[Docket Number USCG–2012–0264]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Patuxent River; Solomons, MD
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing special local regulations
during the ‘‘Chesapeake Challenge’’
power boat races, a marine event to be
held on the waters of the Patuxent
River, near Solomons, MD on September
15 and 16, 2012. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to temporarily restrict vessel
traffic in a portion of the Patuxent River
during the event.
DATES: This rule is effective on
September 15 and 16, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0264]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, Sector
Baltimore Waterways Management
Division, U.S. Coast Guard; telephone
410–576–2674, email
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:
SUMMARY:
[FR Doc. 2012–18886 Filed 8–7–12; 8:45 am]
Table of Acronyms
BILLING CODE 4910–13–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
(p) Related Information
Refer to MCAI Canadian AD CF–2011–31,
dated August 15, 2011, and the Bombardier
service bulletins identified in paragraphs
(p)(1) through (p)(6) of this AD, for related
information.
VerDate Mar<15>2010
47279
PO 00000
A. Regulatory History and Information
On May 1, 2012, we published a
notice of proposed rulemaking (NPRM)
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Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
entitled ‘‘Special Local Regulations for
Marine Events; Patuxent River,
Solomons, MD’’ in the Federal Register
(77 FR 25649). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
regulated area has been narrowly
tailored to impose the least impact on
general navigation yet provide the level
of safety determined to be necessary.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on this
rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the effected portions of the Patuxent
River during the event.
Although this regulation prevents
traffic from transiting a portion of the
Patuxent River at Solomons, MD during
the event, this rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule would
be in effect for only a limited period.
Before the enforcement period, we will
issue maritime advisories so mariners
can adjust their plans accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation will
prevent traffic from transiting a portion
of the Patuxent River during the event,
the effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via the Local Notice to
Mariners and marine information
broadcasts, so mariners can adjust their
plans accordingly. Additionally, the
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
B. Basis and Purpose
On September 15 and 16, 2012, the
Chesapeake Bay Power Boat Association
will sponsor power boat races on the
Patuxent River near Solomons, MD. The
event consists of offshore power boats
racing in a counter-clockwise direction
on an irregularly-shaped course located
between the Governor Thomas Johnson
Memorial (SR–4) Bridge and the U.S.
Naval Air Station Patuxent River, MD.
The start and finish lines will be located
near the Solomons Pier. A large
spectator fleet is expected during the
event. Due to the need for vessel control
during the event, the Coast Guard will
temporarily restrict vessel traffic in the
event area to provide for the safety of
participants, spectators and other
transiting vessels.
wreier-aviles on DSK5TPTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
VerDate Mar<15>2010
13:48 Aug 07, 2012
Jkt 226001
PO 00000
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Sfmt 4700
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
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08AUR1
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Rules and Regulations
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
12. Energy Effects
(a) Regulated area. The following
location is a regulated area: All waters
of the Patuxent River, within lines
connecting the following positions:
From latitude 38°19′45″ N, longitude
076°28′06″ W, thence to latitude
38°19′24″ N, longitude 076°28′30″ W,
thence to latitude 38°18′32″ N,
longitude 076°28′14″ W; and from
latitude 38°17′38″ N, longitude
076°27′26″ W, thence to latitude
38°18′00″ N, longitude 076°26′41″ W,
thence to latitude 38°18′59″ N,
longitude 076°27′20″ W, located at
Solomons, Maryland. All coordinates
reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Participant means all vessels
participating in the Chesapeake
Challenge under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(4) Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the regulated area. When
hailed or signaled by an official patrol
vessel, a vessel in the regulated area
shall immediately comply with the
directions given. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
(2) The Coast Guard Patrol
Commander may terminate the event, or
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR Part 100 applicable to organized
marine events on the navigable waters
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, canoe and sail board racing. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES.
VerDate Mar<15>2010
13:48 Aug 07, 2012
Jkt 226001
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary section,
§ 100.35T05–0264 to read as follows:
■
§ 100.35T05–0264 Special Local
Regulations for Marine Events; Patuxent
River, Solomons, MD.
PO 00000
Frm 00015
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Sfmt 9990
47281
the operation of any vessel participating
in the event, at any time it is deemed
necessary for the protection of life or
property.
(3) All Coast Guard vessels enforcing
this regulated area can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz).
(5) Only participants and official
patrol are allowed to enter the race
course area.
(6) Spectators are allowed inside the
regulated area only if they remain
within the designated spectator area.
Spectators will be permitted to anchor
within the designated spectator area. No
vessel may anchor within the regulated
area outside the designated spectator
area. Spectators may contact the Coast
Guard Patrol Commander to request
permission to pass through the
regulated area. If permission is granted,
spectators must pass directly through
the regulated area outside the race
course and spectator areas at a safe
speed and without loitering.
(7) Designated Spectator Fleet Area.
The spectator fleet area is located within
a line connecting the following
positions: Latitude 38°19′00″ N,
longitude 076°28′22″ W, thence to
latitude 38°19′07″ N, longitude
076°28′12″ W, thence to latitude
38°18′53″ N, longitude 076°27′55″ W,
thence to latitude 38°18′30″ N,
longitude 076°27′45″ W, thence to
latitude 38°18′00″ N, longitude
076°27′11″ W, thence to latitude
38°17′54″ N, longitude 076°27′20″ W,
thence to the point of origin at latitude
38°19′00″ N, longitude 076°28′22″ W.
All coordinates reference datum NAD
1983.
(8) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement periods: This section
will be enforced from 10 a.m. until 6
p.m. on September 15, 2012, and from
10 a.m. until 6 p.m. on September 16,
2012.
Dated: July 23, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2012–19373 Filed 8–7–12; 8:45 am]
BILLING CODE 9110–04–P
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08AUR1
]]>Agencies
[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47279-47281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19373]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2012-0264]
RIN 1625-AA08
Special Local Regulations for Marine Events, Patuxent River;
Solomons, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``Chesapeake Challenge'' power boat races, a marine event to
be held on the waters of the Patuxent River, near Solomons, MD on
September 15 and 16, 2012. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to temporarily restrict vessel
traffic in a portion of the Patuxent River during the event.
DATES: This rule is effective on September 15 and 16, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0264]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management
Division, U.S. Coast Guard; telephone 410-576-2674, email
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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 1, 2012, we published a notice of proposed rulemaking (NPRM)
[[Page 47280]]
entitled ``Special Local Regulations for Marine Events; Patuxent River,
Solomons, MD'' in the Federal Register (77 FR 25649). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
On September 15 and 16, 2012, the Chesapeake Bay Power Boat
Association will sponsor power boat races on the Patuxent River near
Solomons, MD. The event consists of offshore power boats racing in a
counter-clockwise direction on an irregularly-shaped course located
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S.
Naval Air Station Patuxent River, MD. The start and finish lines will
be located near the Solomons Pier. A large spectator fleet is expected
during the event. Due to the need for vessel control during the event,
the Coast Guard will temporarily restrict vessel traffic in the event
area to provide for the safety of participants, spectators and other
transiting vessels.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will prevent traffic from transiting a portion of the Patuxent River
during the event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect
and the extensive advance notifications that will be made to the
maritime community via the Local Notice to Mariners and marine
information broadcasts, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
determined to be necessary.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the effected portions of the Patuxent
River during the event.
Although this regulation prevents traffic from transiting a portion
of the Patuxent River at Solomons, MD during the event, this rule will
not have a significant economic impact on a substantial number of small
entities for the following reasons. This rule would be in effect for
only a limited period. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
[[Page 47281]]
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 100 applicable to organized marine events on the navigable
waters of the United States that could negatively impact the safety of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary section, Sec. 100.35T05-0264 to read as follows:
Sec. 100.35T05-0264 Special Local Regulations for Marine Events;
Patuxent River, Solomons, MD.
(a) Regulated area. The following location is a regulated area: All
waters of the Patuxent River, within lines connecting the following
positions: From latitude 38[deg]19'45'' N, longitude 076[deg]28'06'' W,
thence to latitude 38[deg]19'24'' N, longitude 076[deg]28'30'' W,
thence to latitude 38[deg]18'32'' N, longitude 076[deg]28'14'' W; and
from latitude 38[deg]17'38'' N, longitude 076[deg]27'26'' W, thence to
latitude 38[deg]18'00'' N, longitude 076[deg]26'41'' W, thence to
latitude 38[deg]18'59'' N, longitude 076[deg]27'20'' W, located at
Solomons, Maryland. All coordinates reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(3) Participant means all vessels participating in the Chesapeake
Challenge under the auspices of the Marine Event Permit issued to the
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
(4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
(c) Special local regulations: (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels in the regulated
area. When hailed or signaled by an official patrol vessel, a vessel in
the regulated area shall immediately comply with the directions given.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both.
(2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any vessel participating in the event, at any time it
is deemed necessary for the protection of life or property.
(3) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
(5) Only participants and official patrol are allowed to enter the
race course area.
(6) Spectators are allowed inside the regulated area only if they
remain within the designated spectator area. Spectators will be
permitted to anchor within the designated spectator area. No vessel may
anchor within the regulated area outside the designated spectator area.
Spectators may contact the Coast Guard Patrol Commander to request
permission to pass through the regulated area. If permission is
granted, spectators must pass directly through the regulated area
outside the race course and spectator areas at a safe speed and without
loitering.
(7) Designated Spectator Fleet Area. The spectator fleet area is
located within a line connecting the following positions: Latitude
38[deg]19'00'' N, longitude 076[deg]28'22'' W, thence to latitude
38[deg]19'07'' N, longitude 076[deg]28'12'' W, thence to latitude
38[deg]18'53'' N, longitude 076[deg]27'55'' W, thence to latitude
38[deg]18'30'' N, longitude 076[deg]27'45'' W, thence to latitude
38[deg]18'00'' N, longitude 076[deg]27'11'' W, thence to latitude
38[deg]17'54'' N, longitude 076[deg]27'20'' W, thence to the point of
origin at latitude 38[deg]19'00'' N, longitude 076[deg]28'22'' W. All
coordinates reference datum NAD 1983.
(8) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
(d) Enforcement periods: This section will be enforced from 10 a.m.
until 6 p.m. on September 15, 2012, and from 10 a.m. until 6 p.m. on
September 16, 2012.
Dated: July 23, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-19373 Filed 8-7-12; 8:45 am]
BILLING CODE 9110-04-P
