[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46364-46367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21562]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0749]
RIN 1625-AA08


Special Local Regulation for Marine Events; Choptank River, 
Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily suspending the existing 
enforcement period of a special local regulation for a recurring marine 
event in the Fifth Coast Guard District and adding a temporary 
enforcement period. This regulation applies to only one recurring 
marine event, the ``Cambridge Offshore Challenge'' power boat race. A 
special local regulation is necessary to provide for the safety of life 
on navigable waters during the event. This action is intended to 
restrict vessel traffic in a portion of the Choptank River, MD, during 
the event.

DATES: In the Table to 33 CFR 100.501, the suspension of line No. 27 is 
effective from September 9, 2009 to September 30, 2009; and the 
addition of line No. 64 is effective from 9 a.m. to 6 p.m., on 
September 19, 2009, and from 9 a.m. to 6 p.m., on September 20, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0749 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0749 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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.

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

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is needed to 
minimize potential danger to the public during the event. The potential 
dangers posed by a high speed power boat race conducted on the waterway 
with other vessel traffic makes a special local regulation necessary to 
provide for the safety of participants, spectator craft and other 
vessels transiting the event area. For the safety concerns noted, it is 
in the public interest to have this regulation 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. The potential dangers posed by 
boat races operating in close proximity to transiting vessels make 
special local regulation necessary. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, patrol vessels, spectator 
craft and other vessels transiting the event area. However, the Coast 
Guard will provide advance notifications to users of the effected 
waterways via marine information broadcasts, local notice to mariners, 
commercial radio stations and area newspapers.

Background and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The on water activities 
that typically comprise marine events include sailing regattas, power 
boat races, swim races and holiday parades. For a description of the 
geographical area of each Coast Guard Sector--Captain of the Port Zone, 
please see 33 CFR 3.25.
    This regulation temporarily suspends the enforcement period of a 
special local regulation for a recurring marine event within the Fifth 
Coast Guard District and temporarily adds a new

[[Page 46365]]

enforcement period. This regulation applies to one marine event in 33 
CFR 100.501, Table to Sec.  100.501.
    Annually, the Chesapeake Bay Powerboat Association sponsors the 
``Cambridge Offshore Challenge'', on the waters of the Choptank River 
at Cambridge, Maryland. The event consists of approximately 50 offshore 
power boats conducting high-speed competitive races between the Route 
50 Bridge and Oystershell Point, MD. A fleet of spectator vessels is 
anticipated. The regulation at 33 CFR 100.501 is effective annually for 
the Cambridge Offshore Challenge marine event. The table to Sec.  
100.501, event No. 27 establishes the enforcement date for this marine 
event. This regulation temporarily suspends the enforcement date of 
``September 4th or last Saturday and Sunday'' and temporarily adds the 
enforcement date of the third Saturday and Sunday in September, holding 
the marine event on September 19 and 20, 2009. The Chesapeake Bay 
Powerboat Association who is the sponsor for this event intends to hold 
this event annually; however, they have changed the date of the event 
for 2009 so that it is outside the scope of the existing enforcement 
period. A fleet of spectator vessels is anticipated to gather nearby to 
view the competition. Due to the need for vessel control during the 
power boat races, vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels. Under provisions of 33 CFR 100.501, from 9 a.m. to 6 p.m. on 
September 19-20, 2009, vessels may not enter the regulated area unless 
they receive permission from the Coast Guard Patrol Commander.

Discussion of Rule

    The Coast Guard will temporarily suspend the regulation at 33 CFR 
100.501 by changing the date of enforcement in the table to Sec.  
100.501 to reflect that the event will be conducted in 2009 on the 
third Saturday and Sunday in September, September 19 and 20, 2009. This 
change is needed to accommodate the sponsor's schedule. The special 
local regulation will be enforced from 9 a.m. to 6 p.m. on September 19 
and 20, 2009, and will restrict general navigation in the regulated 
area during the marine 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 during the effective period. The regulated 
area is needed to control vessel traffic during the event to enhance 
the safety of participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This rule prevents traffic from transiting a portion of the 
Choptank River during specified events. 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, local radio stations and area newspapers so mariners can 
adjust their plans accordingly. Additionally, this rulemaking does not 
change the permanent regulated areas that have been published in 33 CFR 
100.501, Table to Sec.  100.501. In some cases vessel traffic may be 
able to transit the regulated area 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 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 would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the Choptank River where marine events are 
being held. This regulation will not have a significant impact on a 
substantial number of small entities because it will be enforced only 
during marine events that have been issued a permit by the Coast Guard 
Captain of the Port. The Captain of the Port will ensure that small 
entities are able to operate in the areas where events are occurring 
when it is safe to do so. In some cases, vessels will be able to safely 
transit around the regulated area at various times, and, with the 
permission of the Patrol Commander, vessels may transit through the 
regulated area. Before the enforcement period, the Coast Guard 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 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

[[Page 46366]]

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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(h), of the Instruction. This rule involves implementation of a 
regulation within 33 CFR Part 100 that applies to organized marine 
events on the navigable waters of the United States that may have 
potential for negative impact on the safety or other interests of 
waterway users and shore side activities in the event area. The 
category of water activities includes but is not limited to sail boat 
regattas, boat parades, power boat racing, swimming events, crew 
racing, and sail board racing.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist 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 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. In the Table to Sec.  100.501:
0
a. Suspend line No. 27 from September 9, 2009 to September 30, 2009; 
and
0
b. From 9 a.m. to 6 p.m., on September 19, 2009, and from 9 a.m. to 6 
p.m., on September 20, 2009, add line No. 64.
    The addition reads as follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to 
Sec.  100.501 reference Datum NAD 1983.

                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
             Number                     Date              Event             Sponsor              Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
64.............................  September 19-20,   Cambridge          Chesapeake Bay     The waters of the
                                  2009.              Offshore           Power Boat         Choptank River, near
                                                     Challenge power    Association.       Cambridge, Maryland,
                                                     boat race.                            from shoreline to
                                                                                           shoreline, bounded to
                                                                                           the west by the Route
                                                                                           50 Bridge and bounded
                                                                                           to the east by a line
                                                                                           drawn along longitude
                                                                                           076[deg] W, between
                                                                                           Goose Point, MD and
                                                                                           Oystershell Point,
                                                                                           MD.
----------------------------------------------------------------------------------------------------------------



[[Page 46367]]

    Dated: August 19, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-21562 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-15-P