[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Proposed Rules]
[Pages 15095-15097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4377]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-020]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes temporary special local regulations 
during the ``Bo Bowman Memorial--Sharptown Regatta'', a marine event to 
be held on the waters of the Nanticoke River near Sharptown, 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 the Nanticoke River during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before April 26, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004. The 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 Fifth Coast Guard District 
office 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 (CGD05-06-
020), 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 Coast Guard at the address 
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 June 17 and 18, 2006, the Carolina Virginia Racing Association 
will sponsor the ``Bo Bowman Memorial--Sharptown Regatta'', on the 
waters of the Nanticoke River at Sharptown, Maryland. The event will 
consist of approximately 100 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). A fleet of spectator vessels normally gathers nearby to view 
the competition. Due to the need for vessel control before, during and 
after the event, vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of the Nanticoke River near Sharptown, 
Maryland. The regulated area includes the waters of the Nanticoke River 
between the Maryland S.R. 313 Highway Bridge and Nanticoke River Light 
43 (LLN 24175). The temporary special local regulations will be 
enforced from 9:30 a.m. to 6:30 p.m. on June 17 and 18, 2006, and will 
restrict general navigation in the regulated area during the power boat 
race. Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area during the enforcement period. The Patrol Commander may 
allow non-participating vessels to transit the regulated area between 
races, when it is safe to do so. This regulated area is needed to 
control vessel traffic before, during and after the event 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this

[[Page 15096]]

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, the regulated area has been 
narrowly tailored to impose the least impact on general navigation yet 
provide the level of safety deemed necessary. Vessel traffic may 
transit the regulated area between heats, 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 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 
Nanticoke River during the event.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would be in effect for only a limited period. Vessel traffic may 
transit the regulated area between heats, 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 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

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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. Special local 
regulations issued in conjunction with a regatta or marine parade 
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'' 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 temporary Sec.  100.35-T05-020 to read as follows:


Sec.  100.35-T05-020  Nanticoke River, Sharptown, MD.

    (a) 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 includes all vessels participating in the Bo Bowman 
Memorial--Sharptown Regatta under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Baltimore.
    (b) 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 
075[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 075[deg]42'44'' W.; thence southwesterly 
to latitude 38[deg]32'46'' N., longitude 075[deg]43'14'' W. All 
coordinates reference Datum NAD 1983.
    (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) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (c) Effective period. This section will be effective from 9:30 a.m. 
on June 17, to 6:30 p.m. on June 18, 2006.
    (d) Enforcement period. It is expected that this section will be 
enforced from 9:30 a.m. to 6:30 p.m. on June 17 and 18, 2006.

    Dated: March 14, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-4377 Filed 3-24-06; 8:45 am]
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