[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Rules and Regulations]
[Pages 10887-10889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4299]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-04-196]
RIN 1625-AA08


Special Local Regulations for Marine Events; Severn River, 
College Creek, Weems Creek and Carr Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending the special local regulations at 
33 CFR 100.518, established for marine events held annually in the 
Severn River, Annapolis, Maryland by publishing the name of the events, 
the dates and modifying the boundaries of the regulated area. The 
marine events included in this rule include the Safety at Sea Seminar, 
U.S. Naval Academy crew races and the Blue Angels air show. This rule 
is intended to restrict vessel traffic in portions of the Severn River 
during the period of these marine events and is necessary to provide 
for the safety of life on navigable waters during the event.

DATES: This rule is effective April 6, 2005.

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 (CGD05-04-196) and are available for inspection or 
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, Room 119, between 9 a.m. and 2 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis M. Sens, Project Manager, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On December 7, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Severn 
River, College Creek, Weems Creek and Carr Creek, Annapolis, MD in the 
Federal Register (69 FR 234). We received no letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The regulations at 33 CFR 100.518 are enforced annually for the 
duration of each marine event listed in paragraph (c) of Sec.  100.518, 
U.S. Naval Academy marine events. Paragraph (c) of Sec.  100.518 lists 
the enforcement dates for the Safety at Sea Seminar on the last 
Saturday of March, the U.S. Naval Academy crew races on the third and 
fourth Saturday of April, and the third Friday in May, and the Blue 
Angels air show on the last Tuesday and Wednesday in May. Notice of 
exact time, date and location of the event will be published in the 
Federal Register prior to the event. The northwest and southeast 
boundaries of the regulated area in section 100.518 will be extended 
approximately 1200 yards to accommodate the aerobatic maneuvering area 
for the air show and encompass the rowing course for Naval Academy crew 
races. The U.S. Naval Academy who is the sponsor for all of these 
events intends to hold them annually.

Discussion of Comments and Changes

    No comments were received in response to the notice of proposed 
rulemaking (NPRM) published in the Federal Register. Accordingly, the 
Coast Guard is establishing special local regulations on specified 
waters of the Severn River, College Creek, Weems Creek and Carr Creek. 
Since no comments were received, no changes to this regulation were 
made.

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. The effect of this action merely establishes the 
dates on which the existing regulations would be in effect and modifies 
the boundaries of the regulated area and does not impose any new 
restrictions on vessel traffic.

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 does 
not have a significant economic impact on a substantial number of small 
entities. This rule may effect 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 Severn River during the event.
    This rule does not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule merely establishes the dates on which the existing regulations 
will be in effect and modify the boundaries of the regulated area and 
will not impose any new restrictions on vessel traffic.

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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule affects 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. The Coast Guard will not retaliate against small entities 
that question or complain about

[[Page 10888]]

this rule or any policy or action of the Coast Guard.
    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 does 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. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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 event 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. In Sec.  100.518, revise the section heading, paragraph (a)(1), and 
paragraph (c), to read as follows:


Sec.  100.518  Severn River, College Creek, Weems Creek and Carr Creek, 
Annapolis, Maryland.

    (a)(1) Regulated area. The regulated area is established for the 
waters of the Severn River from shoreline to shoreline, bounded to the 
northwest by the Route 50 fixed highway bridge and bounded to the 
southeast by a line drawn from the Naval Academy Light at latitude 
38[deg]58'39.5'' N, longitude 076[deg]28'49'' W thence to Greenbury 
Point at latitude 38[deg]58'29'' N, longitude 076[deg]27'16'' W. All 
coordinates reference Datum NAD 1983.
* * * * *
    (c) Effective period. (1) This section is effective during, and 30 
minutes before each of the following annual events:
    (i) Safety at Sea Seminar, held on the last Saturday in March;
    (ii) Naval Academy Crew Races, held on the third and fourth 
Saturday in April and the third Friday in May; and
    (iii) Blue Angels Air Show, held on the last Tuesday and Wednesday 
in May.
    (2) The Commander, Fifth Coast Guard District will publish a notice 
in the Federal Register and the Fifth Coast

[[Page 10889]]

Guard District Local Notice to Mariners announcing the specific event 
dates and times.
* * * * *

    Dated: February 14, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-4299 Filed 3-4-05; 8:45 am]
BILLING CODE 4910-15-P