[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Rules and Regulations]
[Pages 10381-10383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3718]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2007-0076]
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: Temporary final rule.

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SUMMARY: The Coast Guard is suspending the special local regulations 
for an event in our regulation for Severn River, College Creek, Weems 
Creek and Carr Creek, Annapolis, Maryland and establishing a new 
temporary date for that event. This rulemaking is intended to 
accommodate a change in event date for the year 2008. The marine event 
set out in this temporary rule includes the Safety at Sea Seminar 
sponsored by the U.S. Naval Academy. This rule is intended to restrict 
vessel traffic in portions of the Severn River during the period of 
this marine event and is necessary to provide for the safety of life on 
navigable waters during the event.

DATES: This rule is effective from March 21, 2008, through March 31, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2007-0076 and are available online 
at www.regulations.gov. They are also

[[Page 10382]]

available for inspection or copying two locations: the Docket 
Management Facility (M-30), U.S. Department of Transportation, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays, and 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: If you have questions on this rule, 
call Dennis Sens, Project Manager, Fifth Coast Guard District, 
Prevention Division, at (757) 398-6204.

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. Publishing an NPRM would be 
impracticable and contrary to public interest since immediate action is 
needed to minimize potential danger to the public during the event. The 
danger posed by life raft demonstrations, pyrotechnics live-fire 
exercise, and a helicopter rescue makes special local regulations 
necessary to provide for the safety of event participants including 
persons in the water and support craft, 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.

Background and Purpose

    For 2008, we will suspend 33 CFR 100.518 and issue a temporary rule 
to accommodate changes to the enforcement period for a U.S. Naval 
Academy sponsored marine event. The date for the Safety at Sea marine 
event will be March 29, 2008, the fifth Saturday in March, instead of 
the fourth Saturday in March as currently stated in 33 CFR 100.518. The 
event will be enforced from 11 a.m. to 2 p.m. and if the event's daily 
activities should conclude prior to 2 p.m., enforcement of this 
temporary regulation may be terminated for that day at the discretion 
of the Patrol Commander.
    The U.S. Naval Academy who is the sponsor for this event intends to 
hold it annually on the dates provided in 33 CFR 100.518, however, in 
2008, this is not possible. To accommodate the availability of the 
various marine event participants a new date was necessary to support 
the conduct of the event.

Discussion of Rule

    The Coast Guard is suspending the regulations at 33 CFR 100.518 on 
from March 21, 2008, until March 31, 2008, and establishing a temporary 
paragraph 100.518(c)(1)(iv) that will be in effect during the time of 
the suspension in its place. The suspension and creation of a new 
temporary paragraph is necessary to reflect a new enforcement date. 
This change is 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 temporary rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The effect of 
this rule merely amends the dates on which the existing regulations 
would be enforced. It would not impose any additional restrictions on 
vessel traffic. Additionally, Coast Guard Sector Baltimore Waterway 
Branch will conduct outreach with local area maritime stakeholders to 
apprise them of this change to help facilitate adjustment of their 
waterway use 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 will 
not have a significant economic impact on a substantial number of small 
entities. This temporary 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.
    This temporary rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
rule merely establishes 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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

[[Page 10383]]

$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 
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.
    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.

Words of Issuance and Regulatory Text

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. From March 21, 2008 until March 31, 2008, suspend Sec.  100.518(c).


0
3. From March 21, 2008 until March 31, 2008, add temporary Sec.  
100.518(d) to read as follows:
* * * * *
    (d) 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, March 29, 2008;
    (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: February 6, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-3718 Filed 2-26-08; 8:45 am]
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