[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Proposed Rules]
[Pages 22023-22025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10933]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-013]
RIN 2115-AE46


Special Local Regulations for Marine Events; Nanticoke River, 
Sharptown, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the Sharptown Outboard Regatta, a marine event to be 
held on the waters of the Nanticoke River, near Sharptown, Maryland on 
June 29 and 30, 2002. 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 Nanticoke River 
during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before June 3, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Operations Oversight 
Branch, Auxiliary and Recreational Boating Safety Section, Fifth Coast 
Guard District, maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at the above address 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.

[[Page 22024]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-02-
013), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them. 
We anticipate not being able to publish a final rule 30 days before the 
start of the event. If this will create any particular hardship, please 
specify this in your comments.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one 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.

Background and Purpose

    The North-South Racing Association will sponsor the Sharptown 
Outboard Regatta on June 29 and 30, 2002. The event consists of 
approximately 50 hydroplanes and runabouts conducting high-speed 
competitive races on the waters of the Nanticoke River between the 
Maryland S.R. 313 Bridge at Sharptown, Maryland and the Nanticoke River 
Light 43 (LLN-24175). A fleet of spectator vessels normally gathers 
nearby to view the event. Due to the need for vessel control during the 
races, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of the Nanticoke River. The regulated 
area would include waters of the Nanticoke River between the Maryland 
S.R. 313 Bridge at Sharptown, Maryland and the Nanticoke River Light 43 
(LLN-24175). The proposed special local regulations would be enforced 
from 11 a.m. to 6 p.m. local time on June 29 and 30, 2002, and would 
restrict general navigation in the regulated area during the event. 
Except for participants in the Sharptown Outboard Regatta and persons 
or vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel would be permitted to enter or remain in the regulated area. The 
Patrol Commander would allow non-participating vessels to transit the 
proposed regulated area between races, when it is safe to do so. The 
proposed regulated area is needed to control vessel traffic during the 
event to enhance the safety of participants, spectators, and transiting 
vessels.

Regulatory Evaluation

    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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this proposed regulation would prevent traffic from 
transiting a portion of the Nanticoke River during the event, the 
effect of this proposed regulation would not be significant due to the 
limited duration that the regulated area would be in effect and the 
extensive advance notifications that would be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners could adjust their plans 
accordingly. Additionally, the proposed regulated area has been 
narrowly tailored to impose the least impact on general navigation yet 
provide the level of safety deemed necessary. The Patrol Commander 
would also allow non-participating vessels to transit the regulated 
area between races, whenever safe to do so.

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. Although this proposed regulation would 
prevent traffic from transiting a portion of the Nanticoke River during 
the event, the effect of this proposed regulation would not be 
significant because of the limited duration that the regulated area 
would be in effect and the extensive advance notifications that would 
be made to the maritime community via the Local Notice to Mariners, 
marine information broadcasts, and area newspapers, so mariners could 
adjust their plans accordingly. Additionally, the proposed regulated 
area has been narrowly tailored to impose the least impact on general 
navigation yet provide the level of safety deemed necessary. The Patrol 
Commander would also allow non-participating vessels to transit the 
regulated area between races, whenever it is safe to do so.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
to the address under ADDRESSES explaining why you think it qualifies 
and how and to what degree this proposed 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 
proposed 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.

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

[[Page 22025]]

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 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 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 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. 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 proposes 
to amend 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; 49 CFR 1.46.
    2. From 11 a.m. on June 29 to 6 p.m. on June 30, add a temporary 
Sec. 100.35-T05-013 to read as follows:


Sec. 100.35-T05-013,  Nanticoke River, Sharptown, Maryland.

    (a) Definitions.
    Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Activities Baltimore.
    Official Patrol means 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.
    (b) Regulated area. Includes all waters of the Nanticoke River, 
near Sharptown, Maryland, between Maryland S.R. 313 Bridge and the 
Nanticoke River Light 43 (LLN-24175), bounded by a line drawn between 
the following points: southeasterly from latitude 38 deg.32'46" N, 
longitude 075 deg.43'14" W; to latitude 38 deg.32'42" N, longitude 
75 deg.43'09" W; thence northeasterly to latitude 38 deg.33'04" N, 
longitude 075 deg.42'39" W; thence northwesterly to latitude 
38 deg.33'09" N, longitude 75 deg.42'44" W; thence southwesterly to 
latitude 38 deg.32'46" N, longitude 75 deg.43'14" W. All coordinates 
reference Datum NAD 1983.
    (c) 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.
    (d) Enforcement period. This section will be enforced from 11 a.m. 
to 6 p.m. local time on June 29 and 30, 2002.

    Dated: April 16, 2002.
Thad W. Allen,
Vice Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-10933 Filed 5-1-02; 8:45 am]
BILLING CODE 4910-15-U