
[Federal Register: June 24, 2008 (Volume 73, Number 122)]
[Rules and Regulations]               
[Page 35588-35590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn08-7]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0315]
RIN 1625-AA11

 
Regulated Navigation Area; Chesapeake and Delaware Canal, 
Chesapeake City Anchorage Basin, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA) in certain waters of the Chesapeake and Delaware 
(C & D) Canal, within the anchorage basin at Chesapeake City, Maryland, 
on June 28, 2008. This RNA is necessary to provide for the safety of 
life, property and the environment. This RNA restricts the movement of 
vessels throughout the anchorage basin during the Town of Chesapeake 
City's Canal Day 2008 event.

DATES: This rule is effective from 8 a.m. on June 24, 2008 through 12 
p.m. on June 29, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0315 and are available online 
at http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: 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 and U. S. Coast Guard Sector Baltimore, 2401 Hawkins Point 
Road, Building 70, Waterways Management Division, Baltimore, Maryland 
21226-1791 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have any questions on this 
temporary rule, call Mr. Ronald L. Houck, at Coast Guard Sector 
Baltimore, Waterways Management Division, at telephone number (410) 
576-2674 or (410) 576-2693. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone number (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because any delay encountered in this 
regulation's effective date by publishing a NPRM would be contrary to 
public interest since immediate action is needed to prevent vessel 
traffic from transiting the specified waters to provide for the safety 
of life and property on navigable waters. Additionally, the RNA should 
have minimal impact on vessel transits due to the fact that vessels can 
safely transit through the RNA when authorized by the Captain of the 
Port or his Representative and that they are not precluded from using 
any portion of the waterway except the RNA itself.
    For the same reasons above, 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.

Background and Purpose

    On the last Saturday in June, thousands of people attend the Town 
of Chesapeake City's Canal Day outdoor waterfront festival, located 
adjacent to the C & D Canal anchorage basin at Chesapeake City, 
Maryland. The event began in 1975 as an arts festival to raise funds 
for local organizations. Due to the growing presence of visiting 
boaters in recent years, the event has become increasingly congested. 
The last Canal Day on June 30, 2007 brought an estimated 400 boats and 
10,000 visitors to Chesapeake City, a town with a population of 800. An 
estimated 325 recreational boats were anchored or moored alongside 
other boats (rafted). These boats accounted for approximately 600 
visitors. Persons on recreational vessels or other water craft began 
arriving on the Wednesday before the festival, and by that evening, 
large lines of rafted boats filled the anchorage basin, the size of 
which is approximately 420 yards in length and 170 yards in width. By 
Thursday afternoon, two days before Canal Day, the gathering of persons 
and vessels exceeded a safe limit. On a typical weekend, ten to fifteen 
boats anchor in the basin. Accidental drownings, personal injuries, 
boat fires, boat capsizings and sinkings, and boating

[[Page 35589]]

collisions all are a safety concern during such overcrowded events. 
Access on the water for emergency response 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 is establishing a temporary RNA that will 
be enforced during a waterfront festival held in the C & D Canal, 
within the anchorage basin at Chesapeake City, Maryland. This rule is 
needed to control movement within a waterway that is expected to be 
populated by persons and vessels seeking to attend the Canal Day 2008 
festival.

Discussion of Rule

    On June 28, 2008, the Town of Chesapeake City, Maryland will 
sponsor an outdoor festival located adjacent to the C & D Canal 
anchorage basin, at Chesapeake City, Maryland. The planned event is a 
one-day waterfront festival, held during daytime and nighttime hours. 
The Coast Guard anticipates a large recreational boating fleet during 
this event. Due to the need for vessel control before, during and after 
the scheduled event, vessel traffic will be restricted to provide for 
the safety of persons and vessels within the anchorage basin and 
transiting vessels within the C & D Canal.
    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 in a confined area with swimmers and 
others present. This rule proposes to establish a temporary RNA within 
the C & D Canal anchorage basin, located at Chesapeake City, Maryland. 
The rule will impact the movement of all persons and vessels in the C & 
D Canal anchorage basin, and will limit the density of vessels and 
other watercraft operating, remaining or anchoring within the C & D 
Canal anchorage basin at the discretion of the Captain of the Port, 
Baltimore, Maryland, to ensure an open water route remains accessible 
to law enforcement and emergency personnel during the effective period. 
Public vessels, and vessels and other watercraft moored to piers or 
docks located within the anchorage basin, will not contribute to the 
density determination. Interference with normal port operations is 
unlikely; however, if required, interference with normal port 
operations will be kept to the minimum considered necessary to ensure 
the safety of life on the navigable waters immediately before, during, 
and after the scheduled event.

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.
    Though the RNA will be in effect for four days, commercial traffic 
in the C & D Canal anchorage basin is limited, and vessels transiting 
the C & D Canal may proceed safely around the Regulated Navigation 
Area. Additionally, the Coast Guard will make notifications via 
maritime advisories 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 will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to 
operate, remain or anchor within the C & D Canal anchorage basin, in 
Chesapeake City, Maryland, from 8 a.m. on June 24, 2008 through 12 p.m. 
on June 29, 2008. This temporary RNA will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. Though this rule will be in effect for four days, 
commercial vessel traffic in this area is limited. Although the RNA 
applies to the entire anchorage basin, traffic would be allowed to pass 
within the RNA with the permission of the Coast Guard Captain of the 
Port Baltimore, Maryland. Vessels transiting the C & D Canal may 
proceed safely around the RNA. 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), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of the 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 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 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 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 effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 35590]]

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 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 Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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, 
under the Instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g) of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' supporting this determination will be 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, and Waterways.


0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 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 temporary Sec.  165.T05-0315 to read as follows:


Sec.  165.T05-0315  Regulated Navigation Area; Chesapeake and Delaware 
Canal, Chesapeake City Anchorage Basin, MD.

    (a) Location. The following area is a regulated navigation area: 
All waters of the Chesapeake and Delaware (C & D) Canal, surface to 
bottom, within the anchorage basin at Chesapeake City, Maryland.
    (b) Definition. The Captain of the Port Baltimore Maryland means 
the Commander, Coast Guard Sector Baltimore or any Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (c) Regulations. The general regulations governing regulated 
navigation areas, found in Sec. 165.13, apply to the regulated 
navigation area described in paragraph (a) of this section.
    (1) Vessels and other watercraft operating, remaining or anchoring 
within the regulated navigation area are limited, at the discretion of 
the Captain of the Port, Baltimore Maryland, to a vessel density that 
ensures an open water route remains accessible to law enforcement and 
emergency personnel. Public vessels, and vessels and other watercraft 
moored directly alongside piers or docks located within the regulated 
navigation area, will be excluded from consideration in the density 
assessment.
    (2) All vessels and persons are prohibited from entering this 
regulated navigation area, except as authorized by the Captain of the 
Port Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage within the 
regulated navigation area must request authorization from the Captain 
of the Port, Baltimore Maryland by telephone at (410) 576-2693 or by 
marine band radio on VHF-FM Channel 16 (156.8 MHz) on the day of this 
event, June 28, 2008.
    (4) All Coast Guard vessels enforcing this regulated navigation 
area can be contacted on marine band radio VHF-FM Channel 16 (156.8 
MHz).
    (5) The operator of any vessel located within or in the immediate 
vicinity of this regulated navigation area shall:
    (i) 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
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (d) Enforcement Period: This section will be effective from 8 a.m. 
on June 24, 2008 through 12 p.m. on June 29, 2008.

    Dated: June 19, 2008.
Fred M. Rosa Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-14387 Filed 6-23-08; 8:45 am]

BILLING CODE 4910-15-P
