[Federal Register Volume 71, Number 73 (Monday, April 17, 2006)]
[Rules and Regulations]
[Pages 19646-19648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3608]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-031]
RIN 1625-AA08


Special Local Regulations for Marine Events; Martin Lagoon, 
Middle River, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Baltimore County Community Waterfront 
Festival'', an event to be held May 13, 2006 at Martin Lagoon, Middle 
River, 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 temporarily restrict vessel traffic in a 
portion of the Middle River waterfront to accommodate watercraft static 
displays, fire-rescue demonstrations and a fireworks display.

DATES: This rule is effective from 9 a.m. on May 13, 2006 until 10 p.m. 
on May 14, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-031 and are available for 
inspection or copying at Commander (dpi), 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: D. M. Sens, Project Manager, Vessel 
Compliance and Inspection Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable and contrary to public interest since immediate action is 
needed to minimize potential danger to the public during the event. The 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was not provided with sufficient time to 
publish an NPRM. The danger posed by the pyrotechnic display, and on 
the water fire-rescue demonstrations make special local regulations 
necessary to provide for the safety of spectator craft and other 
vessels transiting the event area. The Coast Guard will issue a 
broadcast notice to mariners to advise mariners of the restriction and 
on scene Coast Guard and local law enforcement assets will also provide 
notice to mariners.
    Under 5 U.S.C. 553(d)(3) and for the same reasons, the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Delaying the 
effective date would be contrary to the public interest, since 
immediate action is needed to ensure the safety of the event 
participants, spectator craft and other vessels transiting the event 
area. However advance notifications will be made to users of Martin 
Lagoon via marine information broadcasts, local notice to mariners, 
commercial radio stations and area newspapers.

Background and Purpose

    On May 13, 2006, Baltimore County will sponsor the ``Baltimore 
County Community Waterfront Festival''. Various watercraft static 
displays and fire-rescue demonstrations will be staged within Martin 
Lagoon. The fireworks display will be launched from Wilson Point Park 
but the hazardous fallout area will extend over Martin Lagoon. A fleet 
of spectator vessels is expected to gather near the event site to view 
the fireworks display. Due to the need for vessel control during the 
event, vessel traffic will be temporarily restricted to provide for the 
safety of participants, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of Martin Lagoon at Middle River, Maryland. The 
regulated area includes all waters of Martin Lagoon that are north of a 
line drawn from latitude 39[deg]19'34'' N, 076[deg]25'41'' W, thence to 
a position located at 39[deg]19'33'' N, 076[deg]25'33'' W. The 
temporary special local regulations will be in effect from 9 a.m. to 10 
p.m. on May 13, 2006. If the marine event is postponed due to weather, 
then the temporary special local regulations will be enforced during 
the same time period on May 14, 2006. The effect will be to restrict 
general navigation in the regulated area during the marine event and 
fireworks display. 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 will notify the public of specific enforcement times by 
Marine Radio Safety Broadcast. These regulations are needed to control 
vessel traffic during the event to enhance the safety of spectators and 
transiting vessels.

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.
    Although this regulation restricts vessel traffic from transiting 
Martin Lagoon 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 and area 
newspapers so mariners can adjust their plans accordingly.

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

[[Page 19647]]

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 will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit Martin Lagoon during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for only a short period, from 9 a.m. to 10 p.m. 
on May 13, 2006 (or 9 a.m. to 10 p.m. on May 14, 2006 if the event is 
postponed due to weather). Before the enforcement period, we will issue 
maritime advisories so mariners can adjust their plans accordingly.

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. 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.
    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 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. Special local regulations issued in 
conjunction with a regatta or marine event permit are specifically 
excluded from further analysis and documentation under those sections.

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:

[[Page 19648]]

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. Add temporary Sec.  100.35-T05-031 to read as follows:


Sec.  100.35-T05-031  Martin Lagoon, Middle River, Maryland

    (a) Regulated area. The regulated area includes all waters of 
Martin Lagoon that are north of a line drawn from latitude 
39[deg]19'34'' N, 076[deg]25'41'' W, thence to a position located at 
39[deg]19'33'' N, 076[deg]25'33'' 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 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.
    (d) Enforcement period. This section will be enforced from 9 a.m. 
to 10 p.m. on May 13, 2006. If the marine event is postponed due to 
weather, then the temporary special local regulations will be enforced 
during the same time period on May 14, 2006.

    Dated: April 4, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-3608 Filed 4-14-06; 8:45 am]
BILLING CODE 4910-15-P