[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 12871-12872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6646]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-003]
RIN 2115-AE46


Special Local Regulations for Marine Events; St. Mary's River, 
St. Mary's City, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the St. Mary's Seahawk Sprint, a marine event to be 
held on the waters of the St. Mary's River, St. Mary's City, Maryland. 
This action is 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 St. Mary's River during the event.

DATES: This rule is effective from 7 a.m. to 4 p.m. eastern time on 
April 13, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-003 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: S. L. Phillips, Project Manager, 
Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.

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 event will occur on April 13, 2002, and numerous 
spectator craft are anticipated. Because of the danger posed to 
spectators and participants by other vessels transiting through the 
event area, 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

    St. Mary's College of Maryland will sponsor the St. Mary's Seahawk 
Sprint on April 13, 2002. The St. Mary's Seahawk Sprint consists of 
intercollegiate crew rowing teams racing along a 2000-meter course on 
the waters of the St. Mary's River. A fleet of spectator vessels is 
expected to gather near the event site to view the competition. To 
provide for the safety of event participants, spectators and transiting 
vessels, the Coast Guard will temporarily restrict vessel movement in 
the event area during the crew races.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the St. Mary's River. The temporary special 
local regulations will be in effect from 7 a.m. to 4 p.m. eastern time 
on April 13, 2002. The effect will be to restrict general navigation in 
the regulated area during the event. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel 
will be allowed to enter or remain in the regulated area. The Patrol 
Commander will allow non-participating vessels to transit the regulated 
area between races, when it is safe to do so. 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 a portion 
of the St. Mary's 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. Additionally, the 
regulated area has been narrowly tailored to impose the least impact on 
general navigation yet provide the level of safety deemed necessary.

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 
this section of St. Mary's River during the event.
    Although this regulation prevents traffic from transiting a portion 
of the St. Mary's 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.

[[Page 12872]]

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This 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 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 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 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 would not have a substantial and direct effect on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. 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 considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraphs (34)(h) and (35)(a) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit for an event not 
located in, proximate to, or above an area designated as 
environmentally sensitive by an environmental agency of the Federal, 
state, or local government, are specifically excluded from further 
analysis and documentation under those sections. A ``Categorical 
Exclusion Determination'' 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--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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

    2. Add a temporary section, Sec. 100.35-T05-003 to read as follows:


Sec. 100.35-T05-003  St. Mary's River, St. Mary's City, Maryland.

    (a) Definitions:
    (1) 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.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Regulated Area. The regulated area includes all waters of the 
St. Mary's River, from shoreline to shoreline, bounded to the south by 
a line at latitude 38 deg.10'05" North, and bounded to the north by a 
line at latitude 38 deg.12'00" North. All coordinates reference Datum 
NAD 1983.
    (b) Special Local Regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in 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; and
    (ii) Proceed as directed by any Official Patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Effective Dates. This section is in effect from 7 a.m. to 4 
p.m. eastern time on April 13, 2002.

    Dated: March 8, 2002.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-6646 Filed 3-19-02; 8:45 am]
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