[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Proposed Rules]
[Pages 47040-47043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19072]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0636]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
periods of special local regulations for a recurring marine event in 
the Fifth Coast Guard District. These regulations apply to the 
Chesapeake Challenge power boat race, a recurring marine event, and 
would be effective from October 4, 2014, to October 5, 2014. Special 
local regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in a portion of the Patuxent River at Solomons, MD 
during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 11, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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, 
type the docket number [USCG-2014-0636] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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 during the comment period and may change the rule 
based on your comments.

2. 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, 
type the docket number (USCG-2014-0636) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. Regulatory History and Information

    This marine event is regulated at 33 CFR 100.501. The dates of the 
event as published are September 2nd, 3rd or 4th (Friday, Saturday and 
Sunday).

C. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations. The 
Captain of the Port Baltimore is establishing a special local 
regulation for the waters of the Patuxent River, near Solomons, MD to 
protect event participants, spectators and transiting vessels. Entry 
into this area is prohibited unless specifically authorized by the 
Captain of the Port Baltimore or designated representative.

D. Discussion of Proposed Rule

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The activities that 
typically comprise marine events include but are not limited to sailing 
regattas, power boat races, swim races and holiday parades. The 
regulation listing annual marine events within the Fifth Coast Guard 
District and their regulated dates

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is 33 CFR 100.501. The Table to Sec.  100.501 identifies marine events 
by Captain of the Port zone. For a description of the geographical area 
of each Coast Guard Sector--Captain of the Port Zone, please see 33 CFR 
3.25.
    Event planners notified the Coast Guard of date changes for the 
``Chesapeake Challenge'' marine event that is listed at 33 CFR 100.501, 
Table to Sec.  100.501. This regulation temporarily changes the 
enforcement periods for this marine event for 2014 only. The 
enforcement dates for 2014 are October 4, 2014, and October 5, 2014.
    The annual ``Chesapeake Challenge,'' marine event is sponsored by 
the Chesapeake Bay Powerboat Association; and takes place on the waters 
of the Patuxent River at Solomons, MD. The regulation at 33 CFR 100.501 
is effective annually for the Chesapeake Challenge marine event. The 
event consists of power boat racing on the waters of the Patuxent River 
at Solomons, MD. Participants operate on a marked course with sponsor-
provided support craft. Therefore, to ensure the safety of participants 
and support vessels, 33 CFR 100.501 is enforced for the duration of the 
event. During the enforcement period vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander. Vessel traffic may contact the Coast Guard Patrol 
Commander to request permission to pass through the regulated area. If 
permission is granted, vessels must pass directly through the regulated 
area at safe speed and without loitering. Spectators are only allowed 
inside the regulated area if they remain within the designated 
spectator area.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. 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, 
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 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 economic impact of this rule is not significant for the 
following reasons: (i) The regulated area will be in effect for a 
limited duration; (ii) the regulated area has been narrowly tailored to 
impose the least impact on general navigation, yet provide the level of 
safety deemed necessary; and (iii) advance notifications will be made 
to the maritime community via marine information broadcasts and local 
notices to mariners, so mariners can adjust their plans accordingly. 
Additionally, this rulemaking does not change the permanent regulated 
areas that have been published in 33 CFR 100.501, Table to Sec.  
100.501. In some cases, vessel traffic may be able to transit the 
regulated area when the Coast Guard Patrol Commander grants permission 
to do so. For the above reasons, the Coast Guard does not anticipate 
any significant economic impact.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within the area where the marine 
event is being held. This regulation will not have a significant impact 
on a substantial number of small entities because it will be enforced 
only during a marine event that has been permitted by the Coast Guard 
Captain of the Port. The Captain of the Port will ensure that small 
entities are able to operate in the area where the event is occurring 
by requesting permission from the Coast Guard Patrol Commander. Vessels 
may transit through the regulated area with the permission of the 
Patrol Commander. In some cases, vessels will be able to safely transit 
around the regulated area. Before the enforcement period, the Coast 
Guard 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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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

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Constitutionally Protected Property Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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. 
This rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. A preliminary 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. 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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. In Sec.  100.501:
0
a. In the Table to Sec.  100.501, temporarily suspend line No. (b.)20; 
and
0
b. Add temporary line No. (b.)24 to the Table to Sec.  100.501 to read 
as follows:


Sec.  100.501  Special Local Regulations; Marine Event in the Fifth 
Coast Guard District.

* * * * *

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
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       No.                Date                Event              Sponsor                    Location
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                                                  * * * * * * *
                                     Coast Guard Sector Baltimore--COTP Zone
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                                                  * * * * * * *
24...............  October 4 and 5,    Chesapeake          Chesapeake Bay      All waters of the Patuxent River,
                    2014.               Challenge.          Powerboat           within boundary lines connecting
                                                            Association.        the following positions;
                                                                                originating near north entrance
                                                                                of MD Route 4 bridge, latitude
                                                                                38[deg] 19' 45'' N, longitude
                                                                                076[deg] 28' 06'' W, thence
                                                                                southwest to south entrance of
                                                                                MD Route 4 bridge, latitude
                                                                                38[deg] 19' 24'' N, longitude
                                                                                076[deg] 28' 30'' W, thence
                                                                                south to a point near the
                                                                                shoreline, latitude 38[deg] 18'
                                                                                32'' N, longitude 076[deg] 28'
                                                                                14'' W, thence southeast to a
                                                                                point near the shoreline,
                                                                                latitude 38[deg] 17' 38'' N,
                                                                                longitude 076[deg] 27' 26'' W,
                                                                                thence northeast to latitude
                                                                                38[deg] 18' 00'' N, longitude
                                                                                076[deg] 26' 41'' W, thence
                                                                                northwest to latitude 38[deg]
                                                                                18' 59'' N, longitude 076[deg]
                                                                                27' 20'' W, located at Solomons,
                                                                                MD, thence continuing northwest
                                                                                and parallel to shoreline to
                                                                                point of origin.
 
                                                  * * * * * * *
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    Dated: July 28, 2014.
M.M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-19072 Filed 8-11-14; 8:45 am]
BILLING CODE 9110-04-P