[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Rules and Regulations]
[Pages 41834-41836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15609]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 11 a.m. (local time) on June 29, 
2002 to 6 p.m. local time on June 30, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-02-013 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

    On May 2, 2002, we published a notice of proposed rulemaking (NPRM) 
entitled Special Local Regulations for Marine Events; Nanticoke River, 
Sharptown, Maryland, in the Federal Register (67 FR 22023). We received 
no letters commenting on the proposed rule. No public hearing was 
requested and none was held.

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

[[Page 41835]]

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 Comments and Changes

    No comments were received. No changes have been made to the 
proposed regulatory text.

Regulatory Evaluation

    This 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).
    Although this rule will prevent traffic from transiting a portion 
of the Nanticoke River during the event, the effect of this rule 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. The Patrol Commander will 
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 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 owners or operators of vessels, some of 
which may be small entities, intending to transit or anchor in the 
effected portions of the Nanticoke River during the event.
    Although this rule prevents traffic from transiting a portion of 
the Nanticoke River during the event, the effect of this proposed 
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. Additionally, the 
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 will also allow non-participating vessels to 
transit the regulated area between races, whenever it is safe to do so.

Assistance for Small Entities

    Under section 213 (a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. No assistance 
was requested by any small business, organization, or governmental 
jurisdiction.
    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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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

[[Page 41836]]

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--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.
    (c) Enforcement period. This section will be enforced from 11 a.m. 
to 6 p.m. local time on June 29 and 30, 2002.

    Dated: June 12, 2002.
T.C. Paar,
Captain, Coast Guard, Acting Commander, Fifth Coast Guard District.
[FR Doc. 02-15609 Filed 6-19-02; 8:45 am]
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