[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Proposed Rules]
[Pages 52054-52056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17427]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-104]
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 permanent special local 
regulations for the ``Tug-of-War'', a marine event conducted over the 
waters of Spa Creek between Eastport and Annapolis, Maryland. 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 October 3, 2005.

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 are part of docket CGD05-05-104, 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: Dennis Sens, 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 CGD05-05-
104, 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.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a meeting by writing to the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we

[[Page 52055]]

will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    Annually, the City of Annapolis sponsors the ``Tug-of-War'', across 
the waters of Spa Creek between Eastport and Annapolis, Maryland. The 
event consists 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 1700 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 participants, spectators and 
transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish this permanent rule on 
specified waters of Spa Creek. The regulated area would include a 400 
foot buffer on either side of the rope that spans Spa Creek from 
shoreline to shoreline. This rule would be enforced annually from 10:30 
a.m. to 2:30 p.m. on the first Saturday in November 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 could enter or remain in the regulated 
area. The Coast Guard Patrol Commander could stop the event to allow 
vessels to transit the regulated area. For 2005 only, the enforcement 
period of the regulation would be changed from the first Saturday in 
November to the last Saturday in October.

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 permanent rule prevents traffic from 
transiting a portion of Spa Creek 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 marine 
information broadcasts, local radio stations 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 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 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 rule will effect the following entities, 
some of which may 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 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 4-hour period. 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.
    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 rule would 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 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 Dennis Sens, Project Manager, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204. 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

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 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

[[Page 52056]]

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 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.

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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(h), of the 
Instruction, from further environmental documentation.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

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 Sec.  100.534 to read as follows:


Sec.  100.534  Tug-of-War; Spa Creek, Annapolis, Maryland.

    (a) Regulated area. A regulated area is established for the waters 
of Spa Creek from shoreline to shoreline, extending 400 feet from 
either side of a rope spanning Spa Creek from a position at latitude 
38[deg]58'36.9'' N, longitude 076[deg]29'03.8'' W on the Annapolis 
shoreline to a position at latitude 38[deg]58'26.4'' N, longitude 
076[deg]28'53.7'' W on the Eastport shoreline. All coordinates 
reference Datum NAD 1983.
    (b) Definitions. (1) 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.
    (2) 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.
    (3) Participant means all vessels participating in the ``Tug of 
War'' under the auspices of the Marine Event Permit issued to the event 
sponsor and approved by Commander, Coast Guard Sector 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 must:
    (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) Enforcement period. This section will be enforced annually from 
10:30 a.m. to 2:30 p.m. on the first Saturday in November. In 2005 the 
section will be enforced on the last Saturday in October instead of the 
first Saturday in November.

    Dated: August 18, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-17427 Filed 8-31-05; 8:45 am]
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