[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Rules and Regulations]
[Pages 12740-12742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4938]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-07-001]
RIN 1625-AA08


Special Local Regulations for Marine Events; Severn River, 
College Creek, Weems Creek and Carr Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the special local regulations at 
33 CFR 100.518. This rulemaking is intended to accommodate changes in 
event dates for recurring marine events specified in this regulation. 
The marine events included in this special local regulation include the 
Safety at Sea Seminar, U.S. Naval Academy Crew Races and the Blue 
Angels Air Show. This rule is intended to restrict vessel traffic in 
portions of the Severn River during the period of these marine events 
and is necessary to provide for the safety of life on navigable waters 
during the event.

DATES: This rule is effective March 24, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-07-001) 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 M. Sens, Project Manager, 
Inspections and Compliance Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 1, 2007, we published a Notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; College 
Creek, Weems Creek and Carr Creek, Annapolis, MD in the Federal 
Register (72 FR 4669). 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. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, support craft and other 
vessels transiting the event area. However, advance notifications will 
be made to affected waterway users via marine information broadcasts, 
area newspapers and local radio stations.

Background and Purpose

    We are amending 33 CFR 100.518 to accommodate changes to the 
enforcement period for U.S. Naval Academy sponsored marine events. Each 
year the U.S. Naval Academy hosts various marine events on the Severn 
River adjacent to the academy. Organized collegiate crew races are 
typically held annually during weekends in March, April and May. The 
Blue Angels air show is normally scheduled during graduation week at 
the U.S. Naval Academy. Maritime traffic is prohibited from using the 
regulated area of the Severn River during air show performances in 
accordance with Federal Aviation Administration requirements. The dates 
for marine events for 2007 will be; Safety at Sea Seminar on March 24, 
2007; U.S. Naval Academy crew races on May 6 and May 27, 2007; and the 
Blue Angels air show on May 23 and May 24, 2007. The special regulation 
will be enforced from 5 a.m. to 6 p.m. on those days and if the event's 
daily activities should conclude prior to 6 p.m., enforcement of this 
regulation may be terminated for that day at the discretion of the 
Patrol Commander. The U.S. Naval Academy is the sponsor for all of 
these events and intends to hold them annually on the dates provided in 
33 CFR 100.518.

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 Severn River, College Creek, 
Weems Creek and Carr Creek, Annapolis, Maryland.

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. The effect of this action merely establishes the 
dates on which the existing regulations would be enforced. It would not 
impose any additional restrictions on vessel traffic.

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 a substantial number of 
small entities. This rule would affect 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 Severn River during 
the event.

[[Page 12741]]

    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule would merely establish the dates on which the existing regulations 
would be enforced. It would not impose any additional restrictions on 
vessel traffic.

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 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 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 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 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.

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 is revised to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Revise paragraphs (c)(1) introductory text, (c)(1)(i), (c)(1)(ii), 
(c)(1)(iii) and (c)(2) and add paragraph (c)(3) of Sec.  100.518 to 
read as follows:


Sec.  100.518  Severn River, College Creek, Weems Creek and Carr Creek, 
Annapolis, Maryland.

* * * * *

[[Page 12742]]

    (c) Enforcement period. (1) This section will be enforced from 5 
a.m. to 6 p.m. on days when the following events are held:
    (i) Safety at Sea Seminar, held on the fourth Saturday in March;
    (ii) Naval Academy Crew Races held on the last weekend in March and 
every weekend in April and May;
    (iii) Blue Angels Air Show, held on the fourth Tuesday and 
Wednesday in May.
    (2) Should the event's daily activities conclude prior to 6 p.m., 
enforcement of this section may be terminated for that day at the 
discretion of the Coast Guard Patrol Commander.
    (3) The Commander, Fifth Coast Guard District will publish a notice 
in the Fifth Coast Guard District Local Notice to Mariners announcing 
the specific event dates and times. Notice will also be made via marine 
Safety Radio Broadcast on VHF-FM marine band radio channel 22 (157.1 
MHz).

    Dated: March 8, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-4938 Filed 3-16-07; 8:45 am]
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