[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Rules and Regulations]
[Pages 44213-44215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12657]


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

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: Final rule.

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

SUMMARY: The Coast Guard is establishing permanent special local 
regulations for ``Ragin' on the River'', a power boat race held 
annually each Labor Day weekend 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: This rule is effective August 21, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-06-042) 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: Dennis Sens, Project Manager, 
Inspections and Investigations Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On May 4, 2006, we published a notice of proposed rulemaking (NPRM) 
entitled Special Local Regulations for Marine Events; Susquehanna 
River, Port Deposit, MD in the Federal Register (71 FR 26287). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    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. Any delay encountered in this 
regulation's effective date would be contrary to the public interest 
since the safety zone is needed to prevent traffic from transiting a 
portion of the Susquehanna River during the marine event thus ensuring 
that the maritime public is protected from any potential harm 
associated with such an event.

Background and Purpose

    Annually, during Labor Day weekend, the Port Deposit, Maryland 
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 Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Susquehanna River, Port Deposit, 
Maryland.
    The event enforcement time was adjusted to start 1 hour earlier 
than what was indicated in the NPRM. Enforcement of this section was 
changed from 11:30 a.m. to 10:30 a.m to allow the Coast Guard Patrol 
Commander ample time to clear the regulated area prior to the event.

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 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 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 
would not have a significant economic impact on

[[Page 44214]]

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 10:30 
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.

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 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 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 
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 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.

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:

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 Sec.  100.535 to read as follows:

[[Page 44215]]

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 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) This section will be enforced annually from 10:30 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: July 17, 2006.
S.H. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
 [FR Doc. E6-12657 Filed 8-3-06; 8:45 am]
BILLING CODE 4910-15-P