[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Proposed Rules]
[Pages 6510-6512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2231]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-004]
RIN 1625-AA08
Special Local Regulations for Marine Events; St. Mary's River,
St. Mary's City, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period for the ``St. Mary's Seahawk Sprint'' held annually on the
waters of the St. Mary's River, near St. Mary's City, Maryland. This
proposed rule is intended to restrict vessel traffic in portions of the
St. Mary's River and is necessary to provide for the safety of life on
navigable waters during the event.
DATES: Comments and related material must reach the Coast Guard on or
before February 27, 2007.
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 415 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 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 M. 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 (CGD05-07-
004), 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
On April 21, 2007, St. Mary's College of Maryland will sponsor the
``Seahawk Sprint'' crew races on the waters of the St. Mary's River.
The event will consist of intercollegiate crew rowing teams racing
along a 2000 meter course on the waters of the St. Mary's River. A
fleet of spectator vessels is expected to gather near the event site to
view the competition. The regulation at 33 CFR 100.527 is effective
annually for the St. Mary's College crew races marine event. Paragraph
(d) of Section 100.527 establishes the enforcement date for the
[[Page 6511]]
St. Mary's Seahawk crew races. This regulation proposes to temporarily
change the enforcement date from the second Saturday in April to the
third Saturday in April, holding the marine event on April 21, 2007.
St. Mary's College crew club who is the sponsor for this event intends
to hold this event annually, however, they have changed the date of the
event for 2007 so that it is outside the scope of the existing
enforcement period. To provide for the safety of participants,
spectators, support and transiting vessels, the Coast Guard proposes to
temporarily restrict vessel traffic in the event area during the crew
races.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.527 by revising the date of enforcement in paragraph (d) to
reflect the event will be conducted in 2007 on the third Saturday in
April, April 21, 2007. This proposed change is needed to accommodate
the sponsor crew race schedule. The special local regulations will be
enforced from 7 a.m. to 5 p.m. on April 21, 2007, and will restrict
general navigation in the regulated area during the crew races. 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 effective period. The regulated area is needed to control vessel
traffic during the event to enhance the safety of participants and
transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
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. The effect of this proposed
action merely establishes the date on which the existing regulation
would be in effect and would not impose any new restrictions on vessel
traffic.
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 effect 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
St. Mary's 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 merely change the date on which the existing
regulations would be enforced in the regulated area and would not
impose any new 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 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 between the Federal
Government and Indian tribes, or on the distribution of
[[Page 6512]]
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 event 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. In Sec. 100.527, from 7 a.m. to 5 p.m. on April 21,
2007,suspend paragraph (d).
3. In Sec. 100.527, from 7 a.m. to 5 p.m. on April 21, 2007, add a
new paragraph (d) to read as follows:
Sec. 100.527 St. Mary's River, St. Mary's City, Maryland.
* * * * *
(d) Enforcement period. This section will be enforced from 7 a.m.
to 5 p.m. on April 21, 2007. A notice of enforcement of this section
will be disseminated through the Fifth Coast Guard District Local
Notice to Mariners announcing the specific event date and times. Notice
will also be made via marine Safety Radio Broadcast on VHF-FM marine
band radio channel 22 (157.1 MHz).
* * * * *
Dated: January 25, 2007,
Larry L. Hereth,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-2231 Filed 2-9-07; 8:45 am]
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