
[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Rules and Regulations]               
[Page 50545-50548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au08-2]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0832]
RIN 1625-AA08

 
Special Local Regulations for Marine Events; Choptank River, 
Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period for special local regulations during the ``Cambridge Offshore 
Challenge'', a marine event held annually on the waters of Choptank 
River near Cambridge, Maryland. 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 portions of the 
Choptank River during the event.

DATES: This rule is effective from 11:30 a.m. September 20, 2008 until 
5:30 p.m. September 21, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0832 and are available online 
at www.regulations.gov. They are 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 the Fifth 
Coast Guard District, 431 Crawford Street, Portsmouth, VA 23704 between 
10 a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard 
District, Prevention Division, (757) 398-6204. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 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 immediate action is needed to 
minimize potential danger to the public during the event. The necessary 
information regarding the change of date for this annual recurring 
marine event was not provided with sufficient time to publish an NPRM. 
The potential dangers posed by a high speed power boat race conducted 
on the waterway with other vessel traffic makes special local 
regulations necessary to provide for the safety of participants, 
spectator craft and other vessels transiting the event area. For the 
safety concerns noted, it is in the public interest to have these 
regulations in effect during the event.

[[Page 50546]]

The Coast Guard will issue broadcast notice to mariners to advise 
vessel operators of navigational restrictions. On scene Coast Guard and 
local law enforcement vessels will also provide actual notice to 
mariners.
    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. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, support vessels, spectator 
craft and other vessels transiting the event area. However advance 
notifications will be made to users of Choptank River via marine 
information broadcasts, local notice to mariners, commercial radio 
stations and area newspapers.

Background and Purpose

    Annually, the Chesapeake Bay Powerboat Association sponsors the 
``Cambridge Offshore Challenge'', on the waters of the Choptank River 
at Cambridge, Maryland. The event consists of approximately 100 
offshore powerboats conducting high-speed competitive races between the 
Route 50 Bridge and Oystershell Point, MD. A fleet of spectator vessels 
is anticipated. The regulation at 33 CFR 100.501 is effective annually 
for the Cambridge Offshore Challenge marine event. The table to Sec.  
100.501, event No. 27 establishes the enforcement date for this marine 
event. This regulation proposes to temporarily change the enforcement 
date from ``September--4th or last Saturday and Sunday'' to the third 
Saturday and Sunday in September, holding the marine event on September 
20 and 21, 2008. The Chesapeake Bay Powerboat Association who is the 
sponsor for this event intends to hold this event annually; however, 
they have changed the date of the event for 2008 so that it is outside 
the scope of the existing enforcement period. Due to the need for 
vessel control during the power boat races, vessel traffic will be 
temporarily restricted to provide for the safety of participants, 
spectators and transiting vessels.

Discussion of Rule

    The Coast Guard will temporarily suspend the regulations at 33 CFR 
100.501 by changing the date of enforcement in the table to Sec.  
100.501 to reflect the event will be conducted in 2008 on the third 
Saturday and Sunday in September, September 20 and 21, 2008. This 
change is needed to accommodate the sponsor's schedule. The special 
local regulations will be enforced from 11:30 a.m. to 5:30 p.m. on 
September 20 and 21, 2008, and will restrict general navigation in the 
regulated area during the marine event. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area during the effective period. The 
regulated area is needed to control vessel traffic during the event to 
enhance the safety of participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

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.
    Although this rule prevents traffic from transiting a portion of 
the Choptank 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 marine information broadcasts, local 
radio stations and area newspapers 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 deemed necessary. Vessel traffic will be able to 
transit the regulated area when the Coast Guard Patrol Commander deems 
it is safe to do so.

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 
transit or anchor in a portion of the Choptank River during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a 6-hour period. Vessel traffic will be 
able to transit the regulated area when the Coast Guard Patrol 
Commander deems it is safe to do so. Before the enforcement period, we 
will issue maritime advisories so mariners can adjust their plans 
accordingly.

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 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

[[Page 50547]]

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 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 Department of Homeland Security 
Management Directive 5100.1 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 
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)(h), of the Instruction, from further 
environmental documentation. We have made a determination under the 
Instruction that this action is not likely to have a significant effect 
on the human environment.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

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


0
For the reasons discussed in the preamble, the Coast Guard amends 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 revise line No. 27 in Table to Sec.  100.501 to 
read as follows:


Sec.  100.501-T05-0832  Special Local Regulations; Marine Events in the 
Fifth Coast Guard District.

* * * * *

                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
        No.                  Date                  Event                Sponsor                 Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
27.................  September 20 and 21,  Cambridge Offshore    Chesapeake Bay        All waters of the
                      2008.                 Challenge.            Powerboat             Choptank River, from
                                                                  Association.          shoreline to shoreline,
                                                                                        bounded to the west by
                                                                                        the Route 50 Bridge and
                                                                                        bounded to the east by a
                                                                                        line drawn along
                                                                                        longitude 076[deg] W,
                                                                                        between Goose Point, MD
                                                                                        and Oystershell Point,
                                                                                        MD.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 50548]]

    Dated: August 18, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-19894 Filed 8-26-08; 8:45 am]

BILLING CODE 4910-15-P
