[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Rules and Regulations]
[Pages 56220-56221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22338]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-004]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the St. Mary's Seahawk Sprint, a marine event 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 October 3, 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 CGD05-02-004 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 March 26, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; St. Mary's 
River, St. Mary's City, MD, in the Federal Register (67 FR 13734). We 
received no letters commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    St. Mary's College of Maryland annually sponsors the St. Mary's 
Seahawk Sprint, a rowing regatta conducted during the second weekend in 
April. 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 traditionally gathers 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 the movement of all vessels operating in the 
event area during the crew races.

Discussion of Comments and Changes

    No comments were received. No substantive changes were made to the 
proposed regulatory text. Changes were made, however, to the format of 
the proposed regulatory text. We moved the description of the 
``regulated area'' from the definitions section to the body of the text 
and made grammatical corrections.

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 St. Mary's 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.

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 
affected portions of the St. Mary's River during the event.
    Although this rule will prevent traffic from transiting a portion 
of the St. Mary's River during the event, the effect of this rule 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

[[Page 56221]]

Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 does not create 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 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 have 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, 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; 49 CFR 1.46.

    2. Sec. 100.527 is added to read as follows:


Sec. 100.527  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.
    (b) 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.
    (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) Effective dates. This section is effective annually from 7 a.m. 
to 4 p.m. on the second Saturday in April.

    Dated: August 26, 2002.
A.E. Brooks,
Captain, Coast Guard, Acting Commander, Fifth Coast Guard District.
[FR Doc. 02-22338 Filed 8-30-02; 8:45 am]
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