[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30771-30773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11938]



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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
the ``William I. Koch International Sea Scout Cup'', a sail boat 
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 sail 
boat regatta.

DATES: This rule is effective from 8:30 a.m. on July 14, through 7:30 
p.m., July 18, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0154 and are available online at 
www.regulations.gov. This material is also available for inspection or 
copying at 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 the Fifth 
Coast Guard District, Office of Prevention, 431 Crawford Street, 
Portsmouth, VA, 23704 between 10 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard 
District, Prevention Division, (757) 398-6204. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 21, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Severn 
River, College Creek, Weems Creek and Carr Creek, Annapolis, MD in the 
Federal Register (73 FR 15108). We received no letters commenting on 
the proposed rule. No public meeting was requested, and none was held.

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'', sail boat 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 sail boats 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.

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.
    Although this regulation restricts vessel traffic from transiting a 
portion of the Severn River 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 and local area newspapers, radio and TV 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.
    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 the Severn River, College Creek, Weems Creek and Carr Creek, 
Annapolis, MD during the event.
    This temporary rule will not have a significant economic impact on 
a substantial number of small entities for the following reasons. 
Although this regulation prevents traffic from transiting a small 
segment of the Severn River during the event, this rule will be in 
effect for only a short period, from 8:30 a.m. to 7:30 p.m. on July 14, 
15, 16, 17, and 18, 2008. Vessel traffic may be able to transit around 
the regulated area or when event activity is halted, when the Coast 
Guard Patrol Commander deems 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 offered 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

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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 
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, and 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--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a 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.
    (3) Participant includes all vessels participating in the William 
I. Koch International Sea Scout Cup sailboat regatta 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 event participants 
and 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 must: (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 event area.

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    (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: May 19, 2008.
Fred M. Rosa, Jr.
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-11938 Filed 5-28-08; 8:45 am]
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