[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Proposed Rules]
[Pages 39611-39613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10976]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-069]
RIN 1625-AA08


Special Local Regulations for Marine Events; Choptank River, 
Cambridge, 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 during the ``Chesapeakeman Ultra Triathlon'', a marine 
event to be held annually on the last Saturday in September on the 
waters of the Choptank River at Cambridge, MD. For 2006 this marine 
event will be held on September 30, 2006. 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 Choptank River 
during the Chesapeakeman Ultra Triathlon swim.

DATES: Comments and related material must reach the Coast Guard on or 
before August 14, 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 416 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 391-8149. The Inspections and 
Investigations 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 Sens, Project Manager, 
Inspections 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-
069), 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

    Annually, the Columbia Triathlon Association sponsors the 
``Chesapeakeman Ultra Triathlon'' on the waters of the Choptank River 
near Cambridge, Maryland. The swimming segment of the event will 
consist of approximately 300 swimmers competing across a 2.4-mile 
course along the Choptank River between the Hyatt Regency Chesapeake 
Bay Resort Beach and Great Marsh Park, Cambridge, Maryland. The 
competition will begin at the Hyatt Regency Beach. The participants 
will swim across to the finish line located at Great Marsh Park, 
swimming approximately 100 yards off shore, parallel with the 
shoreline. Approximately 20 support vessels will accompany the 
swimmers. Due to the need for vessel control during the swimming event, 
the Coast Guard will temporarily restrict vessel traffic in the event 
area to provide for the safety of participants, support craft and other 
transiting vessels.

[[Page 39612]]

Discussion of Proposed Rule

    The Coast Guard proposes to establish permanent special local 
regulations on specified waters of the Choptank River between the 
beachfront adjacent to the Hyatt Regency Chesapeake Bay Resort and 
Great Marsh Park at Cambridge, Maryland. This rule would be enforced 
annually from 6:30 a.m. to 2:30 p.m. on the last Saturday in September. 
For 2006 this marine event will be held on September 30, 2006. The 
effect will be to restrict general navigation in the regulated area 
during the event. Except for persons or vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area. Vessel traffic may be allowed to transit the regulated 
area at slow speed as the swim progresses, when the Coast Guard Patrol 
Commander determines it is safe to do so. 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 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.
    Although this proposed regulation will prevent traffic from 
transiting a segment of the Choptank River adjacent to Cambridge, MD 
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. 
Extensive advance notifications will be made to the maritime community 
via Local Notice to Mariners, marine information broadcasts, area 
newspapers and local radio stations, so mariners can adjust their plans 
accordingly. Vessel traffic will be able to transit the regulated area 
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 proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit this section of the Choptank 
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 be in effect for only a limited period, from 6:30 
a.m. to 2:30 p.m. on the last Saturday in September. Vessels desiring 
to transit the event area will be able to transit the regulated area at 
slow speed as the swim progresses, when the Coast Guard Patrol 
Commander determines 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

[[Page 39613]]

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 and Department of Homeland Security Management Directive 
5100.1, 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 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'' 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. Section Sec.  100.512 is revised to read as follows:


Sec.  100.512  Chesapeakeman Ultra Triathlon, Choptank River, 
Cambridge, MD.

    (a) Regulated area. The regulated area includes all waters of the 
Choptank River within 200 yards either side of a line drawn 
northwesterly from a point on the shoreline at latitude 38[deg]33'45'' 
N, 076[deg]02'38'' W, thence to latitude 38[deg]35'06'' N, 
076[deg]04'42'' W, a position located at Great Marsh Park, Cambridge, 
MD. All coordinates reference Datum NAD 1983.
    (b) Definitions. The following definitions apply to this section;
    (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 persons participating in the 
Chesapeakeman Ultra Triathlon swim 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 and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the 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 swim course.
    (d) Enforcement period. This section will be enforced annually from 
6:30 a.m. to 2:30 p.m. on the last Saturday in September. The 
Commander, Fifth Coast Guard District will publish a Notice of 
Enforcement in the Federal Register and in the Fifth Coast Guard 
District Local Notice to Mariners every year announcing the dates and 
times this section is in effect. In 2006 this section will be enforced 
from 6:30 a.m. to 2:30 p.m. on September 30, 2006.

    Dated: June 29, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-10976 Filed 7-12-06; 8:45 am]
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