[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27890-27892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11729]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2011-0046; 1625-AA08]


Special Local Regulations for Marine Events; Severn River, Spa 
Creek and Annapolis Harbor, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the swim segment of the ``TriRock Annapolis'' triathlon, a 
marine event to be held on the waters of Spa Creek and Annapolis Harbor 
on May 14, 2011. 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 Spa Creek and Annapolis Harbor during the event.

DATES: This rule is effective from 6 a.m. until 9 a.m. on May 14, 2011.

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-2011-0046 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0046 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 Mr. Ronald Houck, U.S. Coast Guard 
Sector Baltimore, MD; telephone 410-576-2674, e-mail 
[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

    On February 17, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Severn 
River, Spa Creek and Annapolis Harbor, Annapolis, MD'' in the Federal 
Register (76 FR 33). We received no comments

[[Page 27891]]

on the proposed rule. No public meeting was requested, and none was 
held.
    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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment against the hazards associated with 
vessels operating in the immediate vicinity of a large group of 
swimmers on confined navigable waters. Such hazards include injuries or 
death caused by vessel strikes and navigational obstructions and 
hazards caused by swimmers in the navigable channel. Delaying this 
already-planned and already-announced event to accommodate a 30-day 
delayed effective date is contrary to the public interest. In addition, 
during the 30-day comment period on the proposed rule, no comments were 
received. Delaying the effective date would be contrary to the 
regulated area's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    On Saturday, May 14, 2011, Competitor Group Inc. of San Diego, 
California, will sponsor the ``TriRock Annapolis'' triathlon in 
Annapolis, Maryland. The swim segment of the event will occur from 7 
a.m. to 8:30 a.m. and will be located in Spa Creek and Annapolis 
Harbor. Up to 2,000 swimmers will operate on a 500-meter course located 
between the Annapolis City Dock and the confluence of the Spa Creek 
with the Severn River. The swimmers will be supported by sponsor-
provided watercraft. The start and finish will be located at the 
Annapolis City Dock. A portion of the swim course will impede the 
federal navigation channel. 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 Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    Although this regulation will prevent traffic from transiting a 
portion of the Spa Creek and Annapolis Harbor 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.

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 affected portions of the Spa Creek and 
Annapolis Harbor during the event.
    Although this regulation prevents traffic from transiting a portion 
of the Spa Creek and Annapolis Harbor during the event, this rule will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: Though the regulated area extends 
across the entire width of the waterway, this proposed rule would be in 
effect for only a limited period; and before the enforcement period, we 
will issue maritime advisories so mariners can adjust their plans 
accordingly. All Coast Guard vessels enforcing this regulated area can 
be contacted on marine band radio VHF-FM channel 16 (156.8 MHz).

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 $100,000,000 (adjusted for 
inflation) 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 cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 27892]]

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 that 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 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 sail 
boat regattas, boat parades, power boat racing, swimming events, crew 
racing, canoe and sail board racing. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

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 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. Add a temporary section, Sec.  100.35-T05-0046 to read as follows:


Sec.  100.35-T05-0046  Special Local Regulations for Marine Events; 
Severn River, Spa Creek and Annapolis Harbor, Annapolis, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Spa Creek and Annapolis Harbor, within lines connecting 
the following positions: from position latitude 38[deg]58'34'' N, 
longitude 076[deg]29'05'' W, thence to position latitude 38[deg]58'27'' 
N, longitude 076[deg]28'55'' W, and from position latitude 
38[deg]58'53'' N, longitude 076[deg]28'34'' W to position latitude 
38[deg]58'21'' N, longitude 076[deg]28'26'' W. 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) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel or person in the regulated area shall immediately comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period: This section will be enforced from 6 a.m. 
until 9 a.m. on May 14, 2011.

    Dated: April 20, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-11729 Filed 5-12-11; 8:45 am]
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