[Federal Register Volume 69, Number 97 (Wednesday, May 19, 2004)]
[Rules and Regulations]
[Pages 28823-28825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11233]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-156]
RIN 1625-AA08


Special Local Regulations for Marine Events; Nanticoke River, 
Sharptown, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for an outboard racing regatta held annually on the waters 
of the Nanticoke River near Sharptown, Maryland. This action is 
necessary to provide for the safety of life on navigable waters during 
the event. This action will restrict vessel traffic in portions of the 
Nanticoke River during the event.

DATES: This rule is effective June 18, 2004.

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 CGD05-03-156 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.

[[Page 28824]]


SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On October 24, 2003 we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; 
Nanticoke River, Sharptown, MD'' in the Federal Register (68 FR 60895). 
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 sponsors an outboard racing 
regatta annually on the last Saturday and Sunday in June. 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 Highway Bridge and Nanticoke River Light 43 (LLN-
24175). The races usually begin at 12 noon and conclude at 5 p.m. each 
day. A fleet of spectator vessels normally gathers nearby to view the 
event. To provide for the safety of participants, spectators and 
transiting vessels, the Coast Guard intends to temporarily restrict 
vessel movement in the event area before, during and after the event.

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 Nanticoke 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, vessel traffic will 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 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 Nanticoke 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 two days each year. Vessel traffic will 
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 
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 (Public Law 104-121), we offered to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. We 
received no requests for assistance, and none was provided.
    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

[[Page 28825]]

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 M16475.1D, 
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). 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.


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 Sec.  100.532 to read as follows:


Sec.  100.532  Nanticoke River, Sharptown, 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 Sector Baltimore.
    Official Patrol means any vessel assigned or approved by Commander, 
Coast Guard Sector Baltimore with a commissioned, warrant, or petty 
officer on board and displaying a Coast Guard ensign.
    Regulated Area includes all waters of the Nanticoke River, near 
Sharptown, Maryland, between Maryland S.R. 313 Highway Bridge and 
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.
    (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 this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol; and
    (ii) Proceed as directed by any Official Patrol.
    (c) Enforcement period. This section will be enforced annually on 
the last Saturday and Sunday in June. Notice of the specific 
enforcement periods will be given via marine Safety Radio Broadcast on 
VHF-FM marine band radio channel 22 (157.1 MHz).

    Dated: April 15, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-11233 Filed 5-18-04; 8:45 am]
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