[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Proposed Rules]
[Pages 58640-58642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25680]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-132]
RIN 1625-AA08


Special Local Regulations for Marine Events; Spa Creek, 
Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations during the ``International Tug-of-War'', a marine event to 
be held over the waters of Spa Creek between Eastport and Annapolis, 
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 Spa Creek during the 
event.

DATES: Comments and related material must reach the Coast Guard on or 
before November 10, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(oax), 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 Auxiliary and Recreational 
Boating Safety Branch, 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 Branch, at (757) 398-6204.

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 (CGD05-03-
132), 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.
    In order to provide notice and an opportunity to comment before 
issuing an effective rule, we are providing a shorter than normal 
comment period. A 20-day comment period is sufficient to allow those 
who might be affected by this rulemaking to submit their comments 
because the regulations have a narrow, local application, and there 
will be local notifications in addition to the Federal Register 
publication such as press releases, marine information broadcasts, and 
the Local Notice to Mariners. We also expect to make the final rule 
effective less than 30 days

[[Page 58641]]

after its publication in the Federal Register.

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

    On November 8, 2003, the City of Annapolis will sponsor the 
``International Tug-of-War'' across the waters of Spa Creek between 
Eastport and Annapolis, Maryland. The event will consist of a tug-of-
war between teams on the Eastport side of Spa Creek pulling against 
teams on the Annapolis side of Spa Creek. The opposing teams will pull 
a floating rope approximately 1800 feet in length, spanning Spa Creek. 
A fleet of spectator vessels is anticipated. Due to the need for vessel 
control while the rope is spanned across Spa Creek, vessel traffic 
would be temporarily restricted to provide for the safety of 
spectators, participants and transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of Spa Creek. The regulated area would 
include a 400' buffer on either side of the rope that would span Spa 
Creek from shoreline to shoreline. The temporary special local 
regulations would be enforced from 10:30 a.m. to 2:30 p.m. on November 
8, 2003, and would restrict general navigation in the regulated area 
during the event. Except for participants and vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the regulated area. The Coast Guard Patrol Commander may stop the 
event to allow vessels to transit the regulated area.

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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Although this proposed regulation 
would prevent traffic from transiting a portion of Spa Creek 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 can 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. Vessel traffic would be 
able to transit the regulated area 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 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. This proposed rule would 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 Spa 
Creek during the event.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would be in effect for only a 4-hour period. Vessel 
traffic would be able to transit the regulated area when the Coast 
Guard Patrol Commander deems it is safe to do so. Before the 
enforcement period, we would 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 proposed rule 
would 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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
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 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 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

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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 proposed 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.

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. 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 prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1D, and determined that this proposed 
rule would 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; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add a temporary Sec.  100.35T-05-132 to read as follows: Sec.  
100.35T-05-132, Spa Creek, Annapolis, MD.
    (a) Regulated area. The regulated area is established for the 
waters of Spa Creek from shoreline to shoreline, extending 400' from 
either side of a rope spanning Spa Creek from a position at latitude 
38[deg]58'37'' N, longitude 076[deg]29'04'' W on the Annapolis 
shoreline to a position at 38[deg]58'26'' N, longitude 076[deg]28'54'' 
W on the Eastport shoreline. All coordinates reference Datum NAD 1983.
    (b) 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 means all vessels participating in the ``International 
Tug of War'' under the auspices of the Marine Event Permit issued to 
the event sponsor and approved by Commander, Coast Guard Activities 
Baltimore.
    (c) 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.
    (d) Effective dates: This section is in effect from 10:30 a.m. to 
2:30 p.m. on November 8, 2003.

    Dated: September 17, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-25680 Filed 10-9-03; 8:45 am]
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