[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Rules and Regulations]
[Pages 18213-18216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3422]


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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: Final rule.

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SUMMARY: The Coast Guard is permanently modifying the regulated area 
defined in 33 CFR 100.518, and is temporarily amending 33 CFR 100.518

[[Page 18214]]

to accommodate 2006 date changes for 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, to 
provide for safety of life on navigable waters during these events.

DATES: The suspension of Sec.  100.518 and the addition of temporary 
Sec.  100.35-T05-007 are effective from March 25, 2006 through June 1, 
2006. The amendments to Sec.  100.518 are effective on June 2, 2006.

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 [CGD05-06-007] 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: Dennis M. Sens, Project Manager, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 9, 2006, 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 (71 FR 6715). We received no letters commenting on 
the proposed rule. No public meeting was requested, and none was held. 
No other documents were published as part of this rulemaking.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because the first event will take 
place on March 25, 2006 and because the former boundaries of the 
regulated area are inadequate to protect the public. These regulations 
are needed to provide for the safety of life on navigable waters during 
the events.

Background and Purpose

    For 2006, the Coast Guard is temporarily amending 33 CFR 100.518 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 regulation may be terminated earlier on 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 
conduct the events. The Coast Guard will temporarily amend 33 CFR 
100.518 to reflect the 2006 schedule.
    33 CFR 100.518 will also be permanently amended to reflect changes 
in the regulated area. The 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 southeast boundary of the regulated 
area is extended approximately 1100 yards to the south to a point 700 
yards east of Chinks Point, MD. The 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 temporary rule also reflects these new regulated area 
boundaries.

Discussion of Comments and Changes

    No comments were received in response to the notice of proposed 
rulemaking (NPRM) published in the Federal Register. Minor stylistic 
changes have been made and the modified boundaries have been made 
permanent.

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. This action merely establishes the dates on 
which the existing regulations would be enforced and modifies the 
boundaries of the regulated area. It does 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 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 will 
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 Severn River during the event.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. It 
merely changes the dates on which the existing regulations will be 
enforced and modifies the boundaries of the regulated area. It does 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 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.
    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

[[Page 18215]]

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 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.
    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 will amend 
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. Revise Sec.  100.518, paragraphs (a)(1) and (c)(1) introductory text 
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]00'38.9'' N., longitude 076[deg]31'05.2'' W. thence to the north 
shoreline at latitude 39[deg]00'54.7'' N., longitude 076[deg]30'44.8'' 
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]58'39.5'' 
N., longitude 076[deg]28'49'' W. thence southeast to a point 700 yards 
east of Chinks Point, MD at latitude 38[deg]58'1.9'' N., longitude 
076[deg]28'1.7'' W. thence northeast to Greenbury Point at latitude 
38[deg]58'29'' N., longitude 076[deg]27'16'' 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]

0
3. From March 25, 2006 through June 1, 2006, suspend Sec.  100.518.
0
4. From March 25, 2006 through June 1, 2006, add temporary Sec.  
100.35-T05-007 to read as follows:


Sec.  100.35-T05-007  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]00'38.9'' N., longitude 076[deg]31'05.2'' W. thence to the north 
shoreline at latitude 39[deg]00'54.7'' N., longitude 076[deg]30'44.8'' 
W., this line is approximately 1300 yards northwest of the U.S. 50 
fixed highway bridge. The regulated area is bounded to the

[[Page 18216]]

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 southeast to a 
point 700 yards east of Chinks Point, MD at latitude 38[deg]58'1.9'' 
N., longitude 076[deg]28'1.7'' W. thence northeast to Greenbury Point 
at latitude 38[deg]58'29'' N., longitude 076[deg]27'16'' 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 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.
    (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 the following days and if the event's daily 
activities should conclude prior to 6 p.m., enforcement of this section 
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 25, 2006 
through June 1, 2006.

    Dated: March 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-3422 Filed 4-10-06; 8:45 am]
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