[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24838-24840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10020]


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

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: Final rule.

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

SUMMARY: The Coast Guard is establishing 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: This rule is effective May 29, 2012.

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-2012-0001 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0001 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 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 the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On February 27, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Magothy River, Sillery Bay, MD'' in the 
Federal Register (77 FR 11423). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

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. In recent years, 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 sees the 
need for 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 zone 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.

Background

    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 to provide for the safety of persons and vessels within the 
regulated area vessel traffic will be restricted during the activity.
    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

[[Page 24839]]

swimmers and others present. This rule establishes a safety zone in 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 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.

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, 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. 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 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 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.

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.

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

[[Page 24840]]

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)(g), of 
the Instruction. This rule involves certain regulations for vessels 
navigating the waters of the Magothy River, in Sillery Bay, and fits 
within the category in paragraph 34(g) because it establishes a safety 
zone.
    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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.

0
2. Add Sec.  165.513 to read as follows:


Sec.  165.513  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 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: April 4, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-10020 Filed 4-25-12; 8:45 am]
BILLING CODE 9110-04-P