[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Proposed Rules]
[Pages 6715-6718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1738]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-007]
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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to suspend the special local 
regulations at

[[Page 6716]]

33 CFR 100.518 and establish a temporary rule that will be effective 
during the suspension period. This rulemaking is intended to 
accommodate a change in event dates for the year 2006 and modify the 
boundaries of the regulated area. The marine events included in this 
proposed rule include the Safety at Sea Seminar, U.S. Naval Academy 
Crew Races and the Blue Angels Air Show. This proposed 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: Comments and related material must reach the Coast Guard on or 
before March 13, 2006.

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: Dennis M. 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 (CGD05-06-
007), 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. 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

    For 2006, we propose to suspend 33 CFR 100.518 and issue a 
temporary rule to accommodate changes to the enforcement period for 
U.S. Naval Academy sponsored marine events. The dates for the marine 
events for 2006 will be; the Safety at Sea Seminar on April 1, 2006, 
the U.S. Naval Academy crew races on March 25, April 15, April 22, 
April 23, May 12 and May 28, 2006; and the Blue Angels air show on May 
23 and May 24, 2006. The events will be enforced from 5 a.m. to 6 p.m. 
on those days and if the event's daily activities should conclude prior 
to 6 p.m., enforcement of this proposed regulation may be terminated 
for that day at the discretion of the Patrol Commander.
    The U.S. Naval Academy who is the sponsor for all of these events 
intends to hold them annually on the dates provided in 33 CFR 100.518, 
however, in 2006, this is not possible. To accommodate the availability 
of the various marine event participants new dates were necessary to 
support the conduct of the events. The Coast Guard proposes to suspend 
33 CFR 100.518 only from March 1, 2006 through June 1, 2006, which 
would also be the effective period of our proposed temporary rule.
    33 CFR 100.518 would also be amended to reflect changes in the 
regulated area. The proposed northwest boundary of the regulated area 
is bounded by a line approximately 1300 yards north and parallel with 
the U.S. 50 Severn River Bridge. The proposed southeast boundary of the 
regulated area is extended approximately 1100 yards to the south to a 
point 700 yards east of Chinks Point, MD. These adjustments to the 
regulated area have been made to accommodate the aerobatic maneuvering 
area for the Blue Angels Air Show and encompass the rowing course for 
Naval Academy Crew Races. The proposed temporary rule also reflects 
these new regulated area boundaries.

Discussion of Proposed Rule

    The Coast Guard proposes to suspend the regulations at 33 CFR 
100.518 from March 1, 2006 through June 1, 2006 and establish a 
temporary rule that will be in effect during the time of the 
suspension. The suspension and creation of a new temporary rule is 
necessary to reflect new enforcement dates. The Coast Guard also 
proposes to adjust the boundaries of the regulated area for these 
events in both 33 CFR 100.518 and the temporary rule. These proposed 
changes are needed to control vessel traffic during the events to 
enhance the safety of participants, spectators and transiting vessels.

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. The effect of this proposed 
action merely establishes the dates on which the existing regulations 
would be enforced and modifies the boundaries of the regulated area. It 
would not impose any additional restrictions on vessel traffic.

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 the 
Severn River 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 merely establish the dates on which the existing 
regulations would be

[[Page 6717]]

enforced and modify the boundaries of the regulated area. It would not 
impose any additional restrictions on vessel traffic.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 the address listed under 
ADDRESSES. 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 
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 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. 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. Revise Sec.  100.518, paragraphs (a)(1) and (c)(1) to read as 
follows:


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

    (a) Regulated area. (1) The regulated area is established for the 
waters of the Severn River from shoreline to shoreline, bounded to the 
northwest by a line drawn from the south shoreline at latitude 
39[deg]00[min]38.9[sec] N, longitude

[[Page 6718]]

076[deg]31[min]05.2[sec] W thence to the north shoreline at latitude 
39[deg]00[min]54.7[sec] N, longitude 076[deg]30[min]44.8[sec] W, this 
line is approximately 1300 yards northwest of the U.S. 50 fixed highway 
bridge. The regulated area is bounded to the southeast by a line drawn 
from the Naval Academy Light at latitude 38[deg]58[min]39.5[sec] N, 
longitude 076[deg]28[min]49[sec] W thence southeast to a point 700 
yards east of Chinks Point, MD at latitude 38[deg]58[min]1.9[sec] N, 
longitude 076[deg]28[min]1.7[sec] W thence northeast to Greenbury Point 
at latitude 38[deg]58[min]29[sec] N, longitude 076[deg]27[min]16[sec] 
W. All coordinates reference Datum NAD 1983.
* * * * *
    (c) Enforcement period. (1) This section will be enforced during, 
and 30 minutes before each of the following annual events:
* * * * *


Sec.  100.518  [Suspended]

    3. From March 1, 2006 through June 1, 2006, suspend Sec.  100.518.
    4. From March 1, 2006 through June 1, 2006, add temporary Sec.  
100.35-T06-007 to read as follows:


Sec.  100.35-T06-007,  Severn River, College Creek, Weems Creek and 
Carr Creek, Annapolis, Maryland.

    (a) Regulated area. (1) The regulated area is established for the 
waters of the Severn River from shoreline to shoreline, bounded to the 
northwest by a line drawn from the south shoreline at latitude 
39[deg]00[min]38.9[sec] N, longitude 076[deg]31[min]05.2[sec] W thence 
to the north shoreline at latitude 39[deg]00[min]54.7[sec] N, longitude 
076[deg]30[min]44.8[sec] W, this line is approximately 1300 yards 
northwest of the U.S. 50 fixed highway bridge. The regulated area is 
bounded to the southeast by a line drawn from the Naval Academy Light 
at latitude 38[deg]58[min]39.5[sec] N, longitude 076[deg]28[min]49[sec] 
W thence southeast to a point 700 yards east of Chinks Point, MD at 
latitude 38[deg]58[min]1.9[sec] N, longitude 076[deg]28[min]1.7[sec] W 
thence northeast to Greenbury Point at latitude 38[deg]58[min]29[sec] 
N, longitude 076[deg]27[min]16[sec] W. 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 Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Hampton Roads with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) 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 the immediate vicinity of the 
regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of this section but may not block a 
navigable channel.
    (d) Enforcement period. (1) This section will be enforced from 5 
a.m. to 6 p.m. on those days and if the event's daily activities should 
conclude prior to 6 p.m., enforcement of this proposed regulation may 
be terminated for that day at the discretion of the Patrol Commander. 
Enforcement will be during, and 30 minutes before each of the following 
annual events:
    (i) Safety at Sea Seminar, April 1, 2006;
    (ii) Naval Academy Crew Races, March 25, April 15, April 22, April 
23, May 12 and May 28, 2006;
    (iii) Blue Angels Air Show, May 23 and May 24, 2006.
    (2) The Commander, Fifth Coast Guard District will publish a notice 
in the Fifth Coast Guard District Local Notice to Mariners announcing 
the specific event times.
    (e) Effective period. This section is effective from March 1, 2006 
through June 1, 2006.

    Dated: January 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-1738 Filed 2-8-06; 8:45 am]
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