[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Rules and Regulations]
[Pages 54662-54664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23777]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-124]
RIN 1625-AA08


Special Local Regulations for Marine Events; Choptank River, 
Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Chesapeake Challenge'', a marine event to be 
held September 28, 2003 on the waters of the Choptank River at 
Cambridge, 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 the Choptank 
River during the events.

DATES: This rule is effective from 11:30 a.m. through 4:30 p.m. on 
September 28, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-03-124 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) the Coast Guard finds that good 
cause exists for not publishing an NPRM. The event will take place on 
September 28, 2003. There is not sufficient time to allow for a notice 
and comment period, prior to the event. Because of the danger posed by 
high-speed power boats competing within a confined area, special local 
regulations are necessary to provide for the safety of event 
participants, support craft, spectators and other vessels transiting 
the event area.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Delaying the 
effective date would be contrary to the public interest, since 
immediate action is needed to ensure the safety of 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. However, advance notifications 
will be made to affected users of the waterway via marine information 
broadcasts and area newspapers.

Background and Purpose

    On September 28, 2003, the Chesapeake Bay Powerboat Association 
will sponsor the ``Chesapeake Challenge'', on the waters of the 
Choptank River at Cambridge, Maryland. The event will consist of 
approximately 30 offshore powerboats conducting high-speed competitive 
races between the Rt. 50 bridge and Oystershell Point. A fleet of 
approximately 250 spectator vessels is expected to gather nearby to 
view the competition. Due to the need for vessel control during the 
event, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Choptank River. The temporary regulations 
will be enforced from 11:30 a.m. to 4:30 p.m. on September 28, 2003, 
and will restrict general navigation in the regulated area during the 
event. Except for participants and vessels authorized by the Coast

[[Page 54663]]

Guard Patrol Commander, no person or vessel will be allowed to enter or 
remain in the regulated area. 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, 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this regulation will prevent traffic 
from transiting a portion of the Choptank 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. Vessel traffic will be able to transit the regulated 
area between heats, when the Coast Guard Patrol Commander deems it is 
safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the Choptank 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 limited period. Vessel traffic will 
be able to transit the regulated area between heats, when the Coast 
Guard Patrol Commander deems it is safe to do so. Before the 
enforcement period, we will issue maritime advisories so mariners can 
adjust their plans accordingly.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
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 will 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 will 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 will 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.lD, 
which guides the Coast Guard in complying with the National

[[Page 54664]]

Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that will 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 that section.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

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; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add a temporary Sec.  100.35-T05-124 to read as follows:


Sec.  100.35-T05-124  Choptank River, Cambridge, MD.

    (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.
    Participant includes all vessels participating in the Chesapeake 
Challenge under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Activities 
Baltimore.
    Regulated area includes all waters of the Choptank River, from 
shoreline to shoreline, bounded to the west by the Rt. 50 bridge and 
bounded to the east by a line drawn along longitude 076[deg] 00''00'' W 
at Oystershell Point. All coordinates reference Datum: NAD 1983.
    (b) Special local regulations: (1) Except for event participants 
and 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.
    (ii) Proceed as directed by any Official Patrol.
    (iii) Unless otherwise directed by the Official Patrol, operate at 
a minimum wake speed not to exceed six (6) knots.
    (c) Enforcement period. This section will be enforced from 11:30 
a.m. through 4:30 p.m. on September 28, 2003.

    Dated: September 2, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-23777 Filed 9-17-03; 8:45 am]
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