[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11423-11426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4389]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0001]
RIN 1625-AA00


Safety Zone; Magothy River, Sillery Bay, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in certain 
waters of the Magothy River, in Sillery Bay, Maryland. This safety zone 
is necessary to provide for the safety of life, property and the 
environment. This safety zone restricts the movement of vessels 
throughout the regulated area during The Bumper Bash, held annually on 
the fourth Saturday of July.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 28, 2012. Requests for public meetings must be 
received by the Coast Guard on or before March 12, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0001 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 email Mr. Ronald Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, email 
[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-2012-0001), 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 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 email 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-2012-0001'' 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 know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received

[[Page 11424]]

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-2012-0001'' 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 March 12, 2012 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.

Basis and Purpose

    Each year, on the fourth Saturday in July, hundreds of recreational 
boaters meet in Sillery Bay at Dobbins Island, Maryland for a gathering 
called ``The Bumper Bash.'' The activity began in 2007. Due to the 
growing presence of boaters in recent years, the annual gathering has 
become increasingly congested. An estimated 700 recreational boats were 
anchored or moored alongside other boats (rafted). The crowds of 
persons on recreational vessels or other water craft create large lines 
of rafted boats filling in the beachfront area of Dobbins Island. The 
persons and vessels exceeded a safe limit. Accidental drownings, 
personnel injuries, boat fires, boat capsizings and sinkings, and 
boating collisions are safety concerns during such overcrowded events. 
Access on the water for emergency response to the beach area is 
critical. The Coast Guard has the authority to impose appropriate 
controls on activities that may pose a threat to persons, vessels and 
facilities under its jurisdiction. The Coast Guard proposes to 
establish a permanent safety zone that will be enforced annually on the 
fourth Saturday in July, during a gathering of persons on recreational 
vessels and other water craft held in the Magothy River, in Sillery 
Bay, Maryland. The proposed rule is needed to control movement within a 
waterway that is expected to be populated by persons and vessels 
seeking to attend The Bumper Bash activity.

Discussion of Proposed Rule

    The Coast Guard anticipates a large recreational boating fleet in 
the Magothy River, in Sillery Bay, during The Bumper Bash at Dobbins 
Island, Maryland annually on the fourth Saturday in July. Due to the 
need for vessel control during the activity, vessel traffic will be 
restricted to provide for the safety of persons and vessels within the 
regulated area.
    The purpose of this rule is to promote maritime safety, and to 
protect the environment and mariners transiting the area from the 
potential hazards associated with a large gathering of recreational 
vessels and other watercraft along a confined beachfront area with 
swimmers and others present. This rule proposes to establish a safety 
zone in the Magothy River, in Sillery Bay, contained within lines 
connecting the following positions: From position latitude 
39[deg]04'40'' N, longitude 076[deg]27'44'' W; thence to position 
latitude 39[deg]04'48'' N, longitude 076[deg]27'19'' W; thence to 
position latitude 39[deg]04'59'' N, longitude 076[deg]27'45'' W; thence 
to position latitude 39[deg]04'59'' N, longitude 076[deg]28'01'' W; 
thence to position latitude 39[deg]04'41'' N, longitude 076[deg]27'51'' 
W; thence to the point of origin at position latitude 39[deg]04'40'' N, 
longitude 076[deg]27'44'' W. All coordinates reference Datum NAD 1983. 
The rule will impact the movement of all persons and vessels in the 
regulated area, and will limit the density of vessels and other 
watercraft operating, remaining or anchoring within the regulated area 
at the discretion of the Captain of the Port Baltimore, to ensure an 
open water route remains accessible to law enforcement and emergency 
personnel during the effective period. Public vessels located within 
the regulated area will not contribute to the density determination.

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 those Orders. The effect of this 
regulation will not be significant due to the limited size and duration 
that the regulated area will be in effect and vessels transiting the 
Magothy River may proceed safely around the zone. In addition, 
notifications will be made to the maritime community via marine 
information broadcasts so mariners may adjust their plans accordingly.

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 may affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to operate, remain or anchor within the 
safety zone, from 8 a.m. until 10 p.m. on the fourth Saturday in July 
annually. This safety zone will not have a significant economic impact 
on a substantial number of small entities for the following reasons. 
Traffic would be allowed to pass within the safety zone with the 
permission of the Captain of the Port Baltimore. Vessels transiting the 
Magothy River may proceed safely around the zone. Also, the Coast Guard 
will issue maritime advisories widely available to users of the 
waterway before the effective period.

[[Page 11425]]

    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, 
Waterways Management Division, at telephone number (410) 576-2674. 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. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing a safety zone. 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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    2. Add Sec.  165.513 to read as follows:


Sec.  165.001  Safety Zone; Magothy River, Sillery Bay, MD.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Magothy River, in Sillery Bay, contained within lines connecting 
the following positions: from position latitude 39[deg]04'40'' N, 
longitude 076[deg]27'44'' W; thence to position latitude 39[deg]04'48'' 
N, longitude 076[deg]27'19'' W; thence to position latitude 
39[deg]04'59'' N, longitude 076[deg]27'45'' W; thence to position 
latitude 39[deg]04'59'' N, longitude

[[Page 11426]]

076[deg]28'01'' W; thence to position latitude 39[deg]04'41'' N, 
longitude 076[deg]27'51'' W; thence to the point of origin at position 
latitude 39[deg]04'40'' N, longitude 076[deg]27'44'' W. All coordinates 
reference Datum NAD 1983.
    (b) Definitions. As used in this section: (1) Captain of the Port 
Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, 
Maryland.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Baltimore to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones found in 33 CFR 165.23.
    (2) All vessels and persons are prohibited from entering and 
accessing this safety zone, except as authorized by the Captain of the 
Port Baltimore or his or her designated representative.
    (3) Persons or vessels requiring entry into or passage within the 
safety zone must request authorization from the Captain of the Port 
Baltimore or his or her designated representative, by telephone at 
(410) 576-2693 or by marine band radio on VHF-FM Channel 16 (156.8 
MHz), from 8 a.m. until 10 p.m. on the fourth Saturday in July 
annually. All Coast Guard vessels enforcing this safety zone can be 
contacted on marine band radio VHF-FM Channel 16 (156.8 MHz).
    (4) All vessels and persons must comply with instructions of the 
Captain of the Port Baltimore or his or her designated representative.
    (5) The operator of any vessel entering or located within this 
safety zone shall:
    (i) travel at no-wake speed,
    (ii) stop the vessel immediately upon being directed to do so by 
any commissioned, warrant or petty officer on board a vessel displaying 
a Coast Guard Ensign, and
    (iii) proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by any Federal, State, and local 
agencies.
    (e) Enforcement period. This section will be enforced from 8 a.m. 
until 10 p.m. on the fourth Saturday in July annually.

    Dated: February 7, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore Maryland.
[FR Doc. 2012-4389 Filed 2-24-12; 8:45 am]
BILLING CODE 9110-04-P