[Federal Register Volume 66, Number 152 (Tuesday, August 7, 2001)]
[Rules and Regulations]
[Pages 41138-41140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19735]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-01-041]
RIN 2115-AE46


Special Local Regulations for Marine Events; Patuxent River, 
Solomons, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is adopting temporary special local 
regulations for ``The Cradle of Invasion'' historical reenactment to be 
held on the waters of the Patuxent River near Solomons, Maryland. These 
special local regulations are necessary to provide for the safety of 
life on navigable waters during the event. This action is intended to 
restrict vessel traffic in portions of the Patuxent River during the 
event.

DATES: This rule is effective from 9:30 a.m. eastern time on August 11, 
2001 to 12:30 p.m. eastern time on August 12, 2001.

ADDRESSES: Comments and materials received from the public as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-01-041 and are available for inspection or 
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dulani Woods, Marine

[[Page 41139]]

Events Coordinator, Commander, Coast Guard Activities Baltimore, phone 
(410) 576-2513.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The historical reenactment will take place on August 
11 and 12, 2001. The event will consist of a mock amphibious landing 
and beach assault, involving 5 Navy personnel carriers and various 
support vessels. The special local regulations are necessary to provide 
for the safety of event participants, support vessels, spectator craft 
and other vessels transiting the event area. For the safety concerns 
noted, it is in the public interest to have these regulations in effect 
during the event. In addition, advance notifications will be made via 
the Local Notice to Mariners, marine information broadcasts, and area 
newspapers.

Background and Purpose

    The Calvert Marine Museum will sponsor ``The Cradle of Invasion'', 
a naval amphibious landing historical reenactment, on August 11 and 
August 12, 2000. The event will consist of 5 vintage U.S. Navy vessels 
following a pre-planned route from a pier south of Point Patience to an 
amphibious landing site north of Point Patience on the waters of the 
Patuxent River near Solomons, Maryland. A large fleet of spectator 
vessels is anticipated. Due to the need for vessel control during the 
event, vessel traffic will be temporarily restricted to provide for the 
safety of spectators and transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Patuxent River near Solomons, Maryland. The 
temporary special local regulations will be enforced from 9:30 a.m. to 
12:30 p.m. eastern time on August 11 and August 12, 2001 and will 
restrict general navigation in the regulated areas during the event. 
Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
areas. These regulations are needed to control vessel traffic during 
the event to enhance the safety of participants, spectators and 
transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 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. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    Although this regulation prevents traffic from transiting portions 
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, marine information broadcasts, and area newspapers so 
mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may 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 portions 
of the Patuxent River during the event, the effect of this regulation 
will not be significant because of 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, marine information broadcasts, and area newspapers, 
so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES. 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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 41140]]

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1C, and determined that this rule will 
not significantly affect the quality of the human environment. The 
``Environmental Assessment'' and ``Finding of No Significant Impact'' 
is 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--MARINE EVENTS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C 1233 through 1236; 49 CFR 1.46 and 33 CFR 
100.35.

    2. Add a temporary section, Sec. 100.35T-05-041 to read as follows:


Sec. 100.35T-05-041  Patuxent River, Solomons, Maryland.

    (a) Regulated area. Includes all waters of the Patuxent River, 
Solomons, Maryland, enclosed by a line drawn southwesterly from 
latitude 38 deg.36'51" N, longitude 076 deg.28'20" W, to latitude 
38 deg.36'22" N, longitude 076 deg.28'35" W, thence westerly to 
latitude 38 deg.36'20" N, longitude 076 deg.29'21" W, thence northerly 
to latitude 38 deg.37'28" N, longitude 076 deg.29'22" W, thence 
easterly to latitude 38 deg.37'28" N, longitude 076 deg.28'38" W, 
thence southerly to and ending at latitude 38 deg.37'08" N, longitude 
076 deg.28'38" W. All coordinates reference Datum NAD 1983.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
    (c) Special Local Regulations: 
    (1) All persons and/or vessels not authorized as participants or 
official patrol vessels are considered spectators. The ``official 
patrol'' consists of any Coast Guard, public, state, county or local 
law enforcement vessels assigned and/or approved by Commander, Coast 
Guard Activities Baltimore.
    (2) Except for participants and persons or vessels authorized by 
the Coast Guard Patrol Commander, no person or vessel may enter or 
remain in the regulated area.
    (3) The operator of any vessel in this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Effective Dates: This section is effective from 9:30 a.m. 
eastern time on August 11, 2001 to 12:30 p.m. eastern time on August 
12, 2001.
    (e) Enforcement Times: This section will be enforced from 9:30 a.m. 
to 12:30 p.m. eastern time on August 11 and 12, 2001.

    Dated: July 26, 2001.
T.C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 01-19735 Filed 8-6-01; 8:45 am]
BILLING CODE 4910-15-U