[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Proposed Rules]
[Pages 10195-10198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4647]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0081]
RIN 1625-AA08


Special Local Regulations for Marine Events; Chester River, 
Chestertown, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations during the reenactment portion of the ``Chestertown Tea 
Party Festival,'' a marine event to be held on the waters of the 
Chester River, Chestertown, MD on May 29, 2010. 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 Chester River 
during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 5, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0081 using any one of the following methods:

[[Page 10196]]

     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     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.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard Sector 
Baltimore, MD; telephone 410-576-2674, e-mail [email protected]. 
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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking [USCG-2010-0081], indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0081'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments 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 
and may change the rule based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0081'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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 May 29, 2010, the Chestertown Tea Party Festival will sponsor a 
reenactment in the Chester River at Chestertown, MD. The key component 
of the event consists of the Schooner SULTANA departing from its berth 
in Chestertown, transiting 200 yards to an anchorage location, 
embarking and disembarking Tea Party actors by dinghy, and then 
returning to its berth. Due to the need for vessel control during the 
event, the Coast Guard will temporarily restrict vessel traffic in the 
event area to provide for the safety of participants, spectators and 
other transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of the Chester River, Chestertown, MD. 
The regulations will be in effect from 10 a.m. to 5 p.m. on May 29, 
2010. The regulated area, approximately 350 yards in length and 150 
yards in width, includes all waters of the Chester River within a line 
connecting the following positions: latitude 39[deg]12'27'' N, 
longitude 076[deg]03'46'' W; thence to latitude 39[deg]12'19'' N, 
longitude 076[deg]03'53'' W; thence to latitude 39[deg]12'25'' N, 
longitude 076[deg]03'41'' W; thence to latitude 39[deg]12'16'' N, 
longitude 076[deg]03'48'' W; thence to the point of origin at latitude 
39[deg]12'27'' N, longitude 076[deg]03'46'' W. The effect of this 
proposed rule 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. Spectator vessels will be allowed to view the 
event from outside the regulated area, but may not block the navigable 
channel. Other vessels intending to transit the Chester River will be 
allowed to safely transit around the regulated area. These regulations 
are needed to control vessel traffic during the event to enhance the 
safety of participants, spectators and transiting vessels.

Regulatory Analyses

    We developed this proposed 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.

[[Page 10197]]

Regulatory Planning and Review

    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 under the regulatory policies 
and procedures of DHS is unnecessary. Although this regulation will 
prevent traffic from transiting a portion of the Chester 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 the Local Notice to Mariners and marine information 
broadcasts, so mariners can adjust their plans accordingly. 
Additionally, the regulated area has been narrowly tailored to impose 
the least impact on general navigation yet provide the level of safety 
deemed necessary. Vessel traffic will be able to transit safely around 
the regulated area.

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 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 effected 
portions of the Chester River during the event.
    Although this regulation prevents traffic from transiting a portion 
of the Chester River at Chestertown, MD during the event, this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities for the following reasons. This proposed rule 
would be in effect for only a limited period. The regulated area is of 
limited size. Vessel traffic will be able to transit safely around the 
regulated area. Before the enforcement period, we will issue maritime 
advisories so mariners can adjust their plans accordingly.
    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 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 Coast Guard Sector Baltimore, 
MD. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed 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 
(adjusted for inflation) 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 cause 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

[[Page 10198]]

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 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment under paragraph 34(h) of 
the Instruction. This proposed rule involves implementation of 
regulations within 33 CFR Part 100 applicable to organized marine 
events on the navigable waters of the United States that could 
negatively impact the safety of waterway users and shore side 
activities in the event area. The category of water activities includes 
but is not limited to sailboat regattas, boat parades, power boat 
racing, swimming events, crew racing, canoe and sail board racing. 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 a temporary section, Sec.  100.35-T05-0081 to read as 
follows:


Sec.  100.35-T05-0081  Special Local Regulations for Marine Events; 
Chester River, Chestertown, MD.

    (a) Regulated area. The following locations are regulated areas: 
All waters of the Chester River, within a line connecting the following 
positions: latitude 39[deg]12'27'' N, longitude 076[deg]03'46'' W; 
thence to latitude 39[deg]12'19'' N, longitude 076[deg]03'53'' W; 
thence to latitude 39[deg]12'25'' N, longitude 076[deg]03'41'' W; 
thence to latitude 39[deg]12'16'' N, longitude 076[deg]03'48'' W; 
thence to the point of origin at latitude 39[deg]12'27'' N, longitude 
076[deg]03'46'' W, located at Chestertown, Maryland. All coordinates 
reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. 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.
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by the Coast 
Guard Patrol Commander or any Official Patrol.
    (ii) Proceed as directed by the Coast Guard Patrol Commander or any 
Official Patrol.
    (d) Enforcement period: This section will be enforced from 10 a.m. 
until 5 p.m. on May 29, 2010.
    (e) 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 
details.

    Dated: February 17, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. 2010-4647 Filed 3-4-10; 8:45 am]
BILLING CODE 9110-04-P