[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Proposed Rules]
[Pages 15108-15111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5776]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0154]
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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations for the ``William I. Koch International Sea Scout Cup'', a 
sailboat regatta to be held on the waters of the Severn River, 
Annapolis, 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 
Severn River adjacent to the U.S. Naval Academy, Annapolis, Maryland 
during the sailboat regatta.

DATES: Comments and related material must reach the Coast Guard on or 
before April 21, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0154 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District, 
Inspections and Compliance Branch, at (757) 398-6204. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0154), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you

[[Page 15109]]

submit them by mail and would like to know that they reached the 
Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0154) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Fifth Coast Guard District, Federal Building, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, Room 416 between 9 
a.m. and 2 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address 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 July 13 through July 19, 2008, the U.S. Naval Academy, 
Annapolis, MD will host the ``William I. Koch International Sea Scout 
Cup'', sailboat regatta on the waters of the Severn River. This youth 
sailing regatta is comprised of young men and women between the ages of 
14 and 21 who are actively registered in the Sea Scout program. The 
five-day event will be held at the Naval Academy's Sailing Center. 
Teams from the United States and 20 countries will test their 
seamanship skills as they sail 14' sloop rigged boats. The event will 
consist of approximately 80 fourteen-foot sailboats racing about 
several marked courses on the Severn River. A fleet of spectator 
vessels is anticipated to 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, 
support vessels, spectators and transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters on the Severn River adjacent to the 
U.S. Naval Academy, Annapolis, Maryland. This rule would be enforced 
from 8:30 a.m. to 7:30 p.m. on July 14, 15, 16, 17, and 18, 2008, and 
would restrict general navigation in the regulated area during the sail 
boat regatta. The Coast Guard, at its discretion, when practical would 
allow the passage of vessels when races are not taking place. If the 
event's daily activities should conclude prior to 7:30 p.m., 
enforcement of this proposed regulation may be terminated for that day 
at the discretion of the Patrol Commander. Except for participants and 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel would be allowed to enter or remain in the regulated area during 
the enforcement period.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
proposed regulation would prevent traffic from transiting a portion of 
the Severn River adjacent to U.S. Naval Academy, Annapolis, Maryland 
during the event, the effects of this regulation would not be 
significant due to the limited duration that the regulated area would 
be in effect. Extensive advance notifications would be made to the 
maritime community via Local Notice to Mariners, marine information 
broadcast, area newspapers and radio stations, so mariners can adjust 
their plans accordingly. Vessel traffic would be able to transit the 
regulated area between races, when the Coast Guard Patrol Commander 
deems it is safe to do so.

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 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 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 
rule will be enforced for only a short period, from 8:30 a.m. to 7:30 
p.m. on July 14, 15, 16, 17, and 18, 2008. The regulated area will 
apply to a segment of the Severn River adjacent to the U.S. Naval 
Academy waterfront. Marine 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 will be required to proceed at 
the minimum speed necessary to maintain a safe course that minimizes 
wake near the race course. Before the enforcement period, we would 
publish a notice in the Fifth Coast Guard District Local Notice to 
Mariners and issue marine information broadcasts so mariners can adjust 
their plans accordingly. Information regarding the International Sea 
Scout Cup will be disseminated by local community news papers and radio 
stations.
    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

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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 Coast Guard at 
the number listed under FOR FURTHER INFORMATION CONTACT. 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 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 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 this action is not likely to 
have a significant effect on the human environment.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

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.

    2. Add temporary Sec.  100.35-T05-017 to read as follows:


Sec.  100.35-T05-017  Severn River, Annapolis, MD

    (a) Regulated area. The regulated area is established for the 
waters of the Severn River from shoreline to shoreline, bounded to the 
northwest by a line drawn from the south shoreline at latitude 
39[deg]00'38.9'' N, longitude 076[deg]31'05.2'' W thence to the north 
shoreline at latitude 39[deg]00'54.7'' N, longitude 076[deg]30'44.8'' 
W, this line is approximately 1300 yards northwest of the U.S. 50 fixed 
highway bridge. The regulated area is bounded to the southeast by a 
line drawn from the Naval Academy Light at latitude 38[deg]58'39.5'' N, 
longitude 076[deg]28'49'' W thence southeast to a point 700 yards east 
of Chinks Point, MD at latitude 38[deg]58'1.9'' N, longitude 
076[deg]28'1.7'' W thence northeast to Greenbury Point at latitude 
38[deg]58'29'' N, longitude 076[deg]27'16'' 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.
    (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.

[[Page 15111]]

    (2) The operator of any vessel in the immediate vicinity of the 
regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of this section but may not block a 
navigable channel.
    (d) Enforcement period. (1) This section will be enforced from 8:30 
a.m. to 7:30 p.m. on July 14, 15, 16, 17, and 18, 2008 and if the 
event's daily activities should conclude prior to 6 p.m., enforcement 
of this proposed regulation may be terminated for that day at the 
discretion of the Patrol Commander.
    (2) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue marine information 
broadcast on VHF-FM marine band radio announcing specific event dates 
and times.

    Dated: March 10, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-5776 Filed 3-20-08; 8:45 am]
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