[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Proposed Rules]
[Pages 35802-35805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15165]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0266]
RIN 1625-AA08


Special Local Regulations for Marine Events; Patuxent River, 
Solomons, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish special local 
regulations during the ``Chesapeake Challenge'' power boat races, a 
marine event to be held on the waters of the Patuxent River, near 
Solomons, MD on September 24 and 25, 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 the Patuxent River 
during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 20, 2011. Requests for public meetings must be 
received by the Coast Guard on or before the end of the comment period.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0266 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) 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-2011-0266), 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-2011-0266'' 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\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to

[[Page 35803]]

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-2011-0266'' 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 on or before the end of the comment period, 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 September 24 and 25, 2011, the Chesapeake Bay Power Boat 
Association will sponsor power boat races on the Patuxent River near 
Solomons, MD. The event consists of offshore power boats racing in a 
counter-clockwise direction on an irregularly-shaped course located 
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S. 
Naval Air Station Patuxent River, MD. The start and finish lines will 
be located near the Solomon's Pier. A large spectator fleet is expected 
during the event. 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 Patuxent River. The regulations 
will be in effect from 10 a.m. on September 24, 2011 to 6 p.m. on 
September 25, 2011. The regulated area, approximately 4,000 yards in 
length and 1,700 yards in width, includes all waters of the Patuxent 
River, within lines connecting the following positions: From latitude 
38[deg]19'45'' N, longitude 076[deg]28'06'' W, thence to latitude 
38[deg]19'24'' N, longitude 076[deg]28'30'' W, thence to latitude 
38[deg]18'32'' N, longitude 076[deg]28'14'' W; and from latitude 
38[deg]17'38'' N, longitude 076[deg]27'26'' W, thence to latitude 
38[deg]18'00'' N, longitude 076[deg]26'41'' W, thence to latitude 
38[deg]18'59'' N, longitude 076[deg]27'20'' W, located in Solomons, 
Maryland.
    The effect of this proposed rule will be to restrict general 
navigation in the regulated area during the event. Spectator vessels 
will be allowed to view the event from a designated spectator area 
within the regulated area, which will be located within a line 
connecting the following positions: Latitude 38[deg]19'00'' N, 
longitude 076[deg]28'22'' W, thence to latitude 38[deg]19'07'' N, 
longitude 076[deg]28'12'' W, thence to latitude 38[deg]18'53'' N, 
longitude 076[deg]27'55'' W, thence to latitude 38[deg]18'30'' N, 
longitude 076[deg]27'45'' W, thence to latitude 38[deg]18'00'' N, 
longitude 076[deg]27'11'' W, thence to latitude 38[deg]17'54'' N, 
longitude 076[deg]27'20'' W, thence to the point of origin at latitude 
38[deg]19'00'' N, longitude 076[deg]28'22'' W.
    Spectator vessels viewing the event outside the regulated area may 
not block the navigable channel. Other vessels intending to transit the 
Patuxent River will be allowed to safely transit around the regulated 
area. These regulations are needed to control vessel traffic during the 
event to ensure 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.

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 that those Orders. 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 Patuxent 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 determined to be necessary. Vessel 
traffic will be able to transit safely through a portion regulated 
area, westward and southward of the spectator fleet 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 Patuxent River during the event.
    Although this regulation prevents traffic from transiting a portion 
of the Patuxent River at Solomons, MD during the event, this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities

[[Page 35804]]

for the following reasons. This proposed rule would be in effect for 
only a limited period. Though the regulated area extends across the 
entire width of the river, vessel traffic will be able to transit 
safely around the spectator fleet and race course areas within 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 (adjusted for 
inflation) 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 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 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 that do not individually or cumulatively have a 
significant effect on the human environment. 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 sail boat 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-T05-0266 to read as 
follows:

[[Page 35805]]

Sec.  100.35-T05-0266  Special Local Regulations for Marine Events; 
Patuxent River, Solomons, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Patuxent River, within lines connecting the following 
positions: from latitude 38[deg]19'45'' N, longitude 076[deg]28'06'' W, 
thence to latitude 38[deg]19'24'' N, longitude 076[deg]28'30'' W, 
thence to latitude 38[deg]18'32'' N, longitude 076[deg]28'14'' W; and 
from latitude 38[deg]17'38'' N, longitude 076[deg]27'26'' W, thence to 
latitude 38[deg]18'00'' N, longitude 076[deg]26'41'' W, thence to 
latitude 38[deg]18'59'' N, longitude 076[deg]27'20'' W, located at 
Solomons, 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.
    (3) Participant means all vessels participating in the Chesapeake 
Challenge under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel 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) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any vessel participating in the event, at any time it 
is deemed necessary for the protection of life or property.
    (3) All vessel traffic, not involved with the event, will be 
allowed to transit the regulated area and shall proceed in a northerly 
or southerly direction westward of the spectator area, taking action to 
avoid a close-quarters situation with spectators, until finally past 
and clear of the regulated area.
    (4) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) Only participants and official patrol are allowed to enter the 
race course area.
    (6) Spectators are allowed inside the regulated area only if they 
remain within the designated spectator area. Spectators will be 
permitted to anchor within the designated spectator area. No vessel may 
anchor within the regulated area outside the designated spectator area. 
Spectators may contact the Coast Guard Patrol Commander to request 
permission to pass through the regulated area. If permission is 
granted, spectators must pass directly through the regulated area 
outside the race course and spectator areas at a safe speed and without 
loitering.
    (7) Designated spectator fleet area. The spectator fleet area is 
located within a line connecting the following positions: Latitude 
38[deg]19'00'' N, longitude 076[deg]28'22'' W, thence to latitude 
38[deg]19'07'' N, longitude 076[deg]28'12'' W, thence to latitude 
38[deg]18'53'' N, longitude 076[deg]27'55'' W, thence to latitude 
38[deg]18'30'' N, longitude 076[deg]27'45'' W, thence to latitude 
38[deg]18'00'' N, longitude 076[deg]27'11'' W, thence to latitude 
38[deg]17'54'' N, longitude 076[deg]27'20'' W, thence to the point of 
origin at latitude 38[deg]19'00'' N, longitude 076[deg]28'22'' W. All 
coordinates reference datum NAD 83.
    (8) 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 date 
and times.
    (d) Enforcement periods. This section will be enforced from 10 a.m. 
until 6 p.m. on September 24, 2011, and from 10 a.m. until 6 p.m. on 
September 25, 2011.

    Dated: April 20, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2011-15165 Filed 6-17-11; 8:45 am]
BILLING CODE 9110-04-P ?>