[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Proposed Rules]
[Pages 26287-26290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6732]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-042]
RIN 1625-AA08


Special Local Regulations for Marine Events; Susquehanna River, 
Port Deposit, 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 ``Ragin' on the River'', a power boat race to be held 
on the waters of the Susquehanna River adjacent to Port Deposit, 
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 portions of the Susquehanna 
River adjacent to Port Deposit, Maryland during the power boat race.

DATES: Comments and related material must reach the Coast Guard on or 
before June 5, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpi), 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 Inspection and 
Investigation 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

[[Page 26288]]

preamble as being available in the docket are part of docket (CGD05-06-
042), 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, 
Inspection and Investigations 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-
042), 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 will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    Annually, during Labor Day weekend, the Port Deposit Chamber of 
Commerce sponsors the ``Ragin' on the River'' power boat race, on the 
waters of the Susquehanna River. The event consists of approximately 60 
inboard hydroplanes and runabouts racing in heats counter-clockwise 
around an oval racecourse. A fleet of spectator vessels gather nearby 
to view the competition. 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 Proposed Rule

    The Coast Guard proposes to establish this permanent rule on 
specified waters of the Susquehanna River adjacent to Port Deposit, 
Maryland. The regulated area includes a section of the Susquehanna 
River approximately 3500 yards long, and bounded in width by each 
shoreline. The regulated area is bounded on the south by the U.S. I-95 
fixed highway bridge. The area is bounded on the north by a line 
running southwesterly from a point along the shoreline at latitude 
39[deg]36'22'' N, longitude 076[deg]07'08'' W, thence to latitude 
39[deg]36'00'' N, longitude 076[deg]07'46'' W, the northern boundary 
line runs from shoreline to shoreline and is located approximately 500 
yards north of Port Deposit, Maryland. The permanent special local 
regulations will be enforced annually from 11:30 a.m. to 6:30 p.m. on 
Saturday and Sunday of Labor Day weekend, and will restrict general 
navigation in the regulated area during the power boat race. In the 
case of inclement weather this event may be held on Monday, Labor Day. 
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.

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 regulation prevents traffic from transiting a portion 
of the Susquehanna River adjacent to Port Deposit, Maryland 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, area newspapers and radio 
stations 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 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 this portion of the Susquehanna River 
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 in effect for only a short period, annually from 11:30 
a.m. to 6:30 p.m. on Saturday and Sunday of Labor Day weekend. Although 
the regulated area will apply to the entire width of the river, traffic 
may be allowed to pass through the regulated area with the permission 
of the Coast Guard Patrol Commander. In the case where the Patrol 
Commander authorizes passage through the regulated area during the 
event, vessels shall proceed at the minimum speed necessary to maintain 
a safe course that reduces wake near the race course. 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, 
Inspections and Investigations 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

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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 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.  100.535 to read as follows:


Sec.  100.535  Susquehanna River, Port Deposit, Maryland.

    (a) Regulated area. A regulated area is established for the waters 
of the Susquehanna River, adjacent to Port Deposit, Maryland, from 
shoreline to shoreline, bounded on the south by the U.S. I-95 fixed 
highway bridge, and bounded on the north by a line running 
southwesterly from a point along the shoreline at latitude 
39[deg]36'22'' N, longitude 076[deg]07'08'' W, thence to latitude 
39[deg]36'00'' N, longitude 076[deg]07'46'' 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.
    (3) Participant means all vessels participating in the ``Ragin' on 
the River'' power boat race 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) All persons and vessels must comply with the instructions of 
the Official Patrol. The operator of a vessel

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in the regulated area shall stop the vessel immediately when instructed 
to do so by the Official Patrol and then proceed as directed. When 
authorized to transit the regulated area, all vessels shall proceed at 
a minimum safe speed necessary to maintain a safe course that minimizes 
wake near the race course.
    (d) Enforcement. This section will be enforced from annually 11:30 
a.m. to 6:30 p.m. on Saturday and Sunday of Labor Day weekend. If the 
races are postponed due to weather, then the special local regulations 
will be enforced during the same time period on Monday, Labor Day. A 
notice of enforcement of this section will be published annually in the 
Federal Register and disseminated through the Fifth District Local 
Notice to Mariners and marine safety radio broadcasts.

    Dated: April 21, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-6732 Filed 5-3-06; 8:45 am]
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