[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Rules and Regulations]
[Pages 46386-46388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16263]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. CGD05-07-063]
RIN 1625-AA08


Special Local Regulations for Marine Events; Spa Creek and Severn 
River, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Annapolis Triathlon'', an event to be held 
September 9, 2007 on the waters of Spa Creek and the Severn River at 
Annapolis, MD. 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 Severn River and Spa Creek during the Annapolis Triathlon 
swimming event.

DATES: This rule is effective from 6 a.m. to 10:30 a.m. on September 9, 
2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-063 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: Mr. Ronald Houck, Marine Event 
Coordinator, Coast Guard Sector Baltimore, at (410) 576-2674 or e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The publishing of an NPRM 
would be impracticable and contrary to public interest since immediate 
action is needed to minimize potential danger to the participants and 
the public during the event. The necessary information to determine 
whether the marine event poses a threat to persons and vessels was not 
provided with sufficient time to publish an NPRM. The danger posed by 
the large volume of marine traffic in the Annapolis harbor area makes 
special local regulations necessary to provide for the safety of 
swimmers, event support vessels, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during the event. 
The Coast Guard will issue broadcast notice to mariners to advise 
vessel operators of navigational restrictions. On-scene Coast Guard and 
local law enforcement vessels will also provide actual notice to 
mariners.
    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 vessels, spectator 
craft and other vessels transiting the event area. However advance 
notification will be made to users of Annapolis harbor via marine 
information broadcasts, local notice to mariners, commercial radio 
stations and area newspapers.

Background and Purpose

    On September 9, 2007, the City of Annapolis and the Annapolis 
Triathlon Club will sponsor the ``Annapolis Triathlon''. The swimming 
segment of the event will consist of approximately 1500 swimmers 
competing across a one mile course located within Annapolis Harbor, at 
the entrance of Spa Creek and extending outward to the Severn River. 
The competition will begin at the Annapolis City dock. The participants 
will swim along an oval shaped course and across to the finish line 
located at the Annapolis City dock, swimming approximately one-mile, 
contained within the inner Annapolis Harbor area. Approximately 30 
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.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Severn River and Spa Creek at Annapolis, 
Maryland. The temporary special local regulations will be in effect 
from 6 a.m. to 10:30 a.m. on September 9, 2007. 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 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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
    Although this regulation restricts vessel traffic from transiting a 
portion of the Severn River and Spa Creek 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.

[[Page 46387]]

    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit this section of the Severn River and or Spa Creek 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, from 6 a.m. to 10:30 
a.m. on September 9, 2007. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we will assist small entities 
in understanding the rule so that they could better evaluate its 
effects on them and participate in the rulemaking process. 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 Fifth Coast Guard District 
at 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). 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 calls 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 will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 does not create an 
environmental risk to health or risk to safety that may 
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 does 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 
guide 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. We have made a determination that this action is not 
likely to have a significant effect on the human environment. The 
proposed marine event consisting of approximately 1500 participants 
swimming along a one-mile oval race course within Annapolis Harbor does 
not introduce any significant environmental impacts in the area of the 
event and or adjacent waterways.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be

[[Page 46388]]

available in the docket where indicated under ADDRESSES.

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.

0
2. Add temporary Sec.  100.35-T05-063 to read as follows:


Sec.  100.35-T05-063,  Spa Creek, Severn River, Annapolis, MD.

    (a) Regulated area. The regulated area is established for waters 
within Annapolis Harbor including the Severn River and Spa Creek from 
shoreline to shoreline, bounded on the east by a line drawn at 
longitude 076[deg]2833 W, and bounded on the west by the Spa Creek--
Annapolis Bascule Bridge. 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 to act on his 
behalf.
    (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 swimmers and support vessels 
participating in the Annapolis Triathlon 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 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 shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any 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 Annapolis Triathlon swim course.
    (d) Enforcement period. This section will be enforced from 6 a.m. 
to 10:30 a.m. on September 9, 2007.

    Dated: August 11, 2007.
Neil O. Buschman,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District Acting.
[FR Doc. E7-16263 Filed 8-17-07; 8:45 am]
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