[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31605-31607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13186]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-048]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the ``Patuxent River Air Expo 2003'', an event to be 
held over the waters of the lower 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 lower Patuxent 
River during the event.

DATES: This rule is effective from 6 p.m. on May 23, 2003 to 5 p.m. on 
May 25, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-03-048 and are available for 
inspection or copying at Commander (oax), 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 Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 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. Because of the danger posed by low flying aircraft performing 
precision maneuvers and aerial stunts, special local regulations are 
necessary to provide for the safety of event participants, 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. The event will begin on May 23, 2003. There 
is not sufficient time to allow for a notice and comment period prior 
to the event. However, advance notifications will be made via the Local 
Notice to Mariners, marine information broadcasts, and area newspapers.

Background and Purpose

    From May 23, through May 25, 2003, U. S. Naval Air Station Patuxent 
River will conduct a low-flying, high-speed aerial demonstration above 
a portion of the lower Patuxent River, between Fishing Point and the 
base of the breakwall marking the entrance to the East Seaplane Basin 
at the Naval Air Warfare Center Patuxent River. A fleet of spectator 
vessels is expected to gather

[[Page 31606]]

near the event site to view the aerial demonstration. To provide for 
the safety of participants, spectators and other transiting vessels, 
the Coast Guard will temporarily restrict vessel traffic in the event 
area during the aerial demonstration.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the lower Patuxent River between Fishing Point 
and the base of the breakwall marking the entrance to the East Seaplane 
Basin at the Naval Air Warfare Center Patuxent River. The regulated 
area is approximately 850 yards long and 700 yards wide. The temporary 
special local regulations will be in effect from 6 p.m. on May 23 until 
5 p.m. on May 25, 2003. 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 may enter or remain in the regulated area. The Patrol Commander 
will notify the public of specific enforcement times by Marine Radio 
Safety Broadcast. 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 Homeland Security (DHS).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the lower 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. 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 or anchor in the effected portions of the lower Patuxent River 
during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 6 p.m. on May 23 
to 5 pm. on May 25, 2003. Before the enforcement period, we will issue 
maritime advisories so mariners can adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule will 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 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 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 will 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

[[Page 31607]]

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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

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 analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded under 
figure 2-1, paragraph (34)(h), of the Instruction, 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. 
An ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are 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.

0
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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233 through 1236; Department of Homeland 
Security Delegation No. 0170, 33 CFR 100.35.

0
2. From 6 p.m. on May 23, 2003 to 5 p.m. on May 25, 2003, add a 
temporary Sec.  100.35-T05-048 to read as follows:


Sec.  100.35-T05-048  Patuxent River, Solomons, 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 with a 
commissioned, warrant, or petty officer of the Coast Guard on board and 
displaying a Coast Guard ensign.
    (3) Regulated Area. All waters of the lower Patuxent River, near 
Solomons, Maryland, located between Fishing Point and the base of the 
breakwall marking the entrance to the East Seaplane Basin at the Naval 
Air Warfare Center Patuxent River, within an area approximately 850 
yards long and 700 yards wide, bounded by a line connecting position 
38[deg]17'58.4'' N, 076[deg]25'28.0'' W, along the shoreline to 
position 38[deg]17'38.6'' N, 076[deg]25'47.7'' W, to position 
38[deg]17'51.5'' N, 076[deg]26'08.6'' W, to position 38[deg]18'10.7'' 
N, 076[deg]25'48.8'' W, to position 38[deg]17'58.4'' N, 
076[deg]25'28.0'' W. 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 the regulated 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.
    (c) Effective period. This section is effective from 6 p.m. on May 
23, 2003 to 5 p.m. on May 25, 2003.

    Dated: May 12, 2003.
Ben R. Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 03-13186 Filed 5-27-03; 8:45 am]
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