
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28609-28612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14252]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1119]
RIN 1625-AA11


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a permanent regulated 
navigation area (RNA) in certain waters of the Chesapeake and Delaware 
(C & D) Canal, within the anchorage basin at Chesapeake City, Maryland, 
to be enforced annually, on the last Saturday in June, from 12:01 a.m. 
until 11:59 p.m. This RNA is necessary to provide for the safety of 
life, property and the environment. This RNA will restrict and control 
the movement of vessels throughout the anchorage basin during the Town 
of Chesapeake City's Canal Day event.

DATES: This rule is effective on June 17, 2009.

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-2008-1119 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2008-1119 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. 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 e-mail Mr. Ronald L. Houck, Sector Baltimore Waterways 
Management Division, Coast Guard; telephone 410-576-2674, e-mail 
Ronald.L.Houck@uscg.mil. 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 March 12, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Area; Chesapeake and Delaware 
Canal, Chesapeake City Anchorage Basin, MD'' in the Federal Register 
(74 FR 10695). We received no comments on the proposed rule. No public 
meeting was requested, and none was held.
    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 of 
this rule would be contrary to the public interest since immediate 
action is needed to ensure the boating public's safety during the Canal 
Day festivities taking place in June 2009. Congestion created by the 
influx of boats and visitors for Canal Day festivities would 
substantially raise the risk of accidental

[[Page 28610]]

drownings, personnel injuries, boat fires, boat capsizings and 
sinkings, and boating collisions, and the congestion would make 
response to such incidents much more difficult.

Background and Purpose

    Each year, 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. Due to the growing presence of visiting boaters in recent 
years, the waterways surrounding this annual event have become 
increasingly congested. This congestion substantially raises the risk 
of accidental drownings, personnel injuries, boat fires, boat 
capsizings and sinkings, and boating collisions, and the congestion 
makes response to such incidents much more difficult.
    For example, on a typical weekend 10 to 15 boats anchor in the 
basin, which is approximately 420 yards in length and 170 yards in 
width. However, during Canal Day waterfront events, the number of boats 
anchoring in and around the basin far exceeds this number. In 2007, an 
estimated 400 boats and 10,000 visitors came 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, exceeding the safety limits two days before the event.
    The Coast Guard has the authority under 33 Code of Federal 
Regulations part 165 to impose appropriate controls on activities that 
may pose a threat to persons, vessels and facilities under its 
jurisdiction. In June 2008, a Temporary Final Rule (33 CFR 165.T05-
0315; 73 FR 35588) was implemented and proved to be a beneficial tool 
to ensure safety and to control vessel movement during this event. 
Therefore, the Coast Guard is now establishing a permanent RNA that 
will be enforced on the last Saturday in June, annually, in the C & D 
Canal, within the anchorage basin at Chesapeake City, Maryland. The 
rule will control vessel movement during this event, in order to 
promote maritime safety, and to protect the environment and maritime 
public from the potential hazards associated with a large gathering of 
recreational vessels and other watercraft in a confined area.

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. Though the RNA will be in effect for an 
entire day, commercial traffic in the C & D Canal anchorage basin is 
limited, and vessels transiting the C & D Canal may proceed safely 
around the RNA.

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 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion of the C & D Canal anchorage basin at 
Chesapeake City, Maryland, from 12:01 a.m. until 11:59 p.m. on the last 
Saturday in June, annually. This RNA will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: Although this rule will be in effect for the entire 
day and applies to the entire anchorage basin, commercial vessel 
traffic in this area is limited and traffic would be allowed to pass 
within the RNA with the permission of the District Commander or his or 
her designated representative, vessels transiting the C & D Canal may 
proceed safely around the RNA, and 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 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

[[Page 28611]]

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 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 which 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 Chesapeake and Delaware Canal and 
fits within the category of paragraph 34(g) because it establishes a 
regulated navigation area.
    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.


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, 3306, 
3703; 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 Sec.  165.556 to read as follows:


Sec.  165.556  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 within the 
anchorage basin at Chesapeake City, Maryland, bounded by a line drawn 
across the entrance to the basin from position latitude 
39[deg]31'39.6'' N, longitude 075[deg]48'36.5'' W, to position latitude 
39[deg]31'40.6'' N, longitude 075[deg]48'43.3'' W. All coordinates 
refer to NAD 1983.
    (b) Definitions. For the purposes of this section:
    District Commander means the Commander, Fifth Coast Guard District 
or any Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Commander, Fifth Coast Guard District, to act on his 
or her behalf, or his or her designated representative.
    (c) Regulations. The general regulations governing regulated 
navigation areas, found in 33 CFR 165.13, apply to the regulated 
navigation area described in paragraph (a) of this section.
    (1) All vessels and persons are prohibited from entering and 
accessing this regulated navigation area, except as authorized by the 
District Commander or his or her designated representative.
    (2) Persons or vessels requiring entry into or passage within the 
regulated navigation area must request authorization from the District 
Commander 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 12:01 a.m. until 11:59 p.m. on the last Saturday in June, 
annually. All Coast Guard vessels enforcing this regulated navigation 
area can be contacted on marine band radio VHF-FM Channel 16 (156.8 
MHz).
    (3) The operator of any vessel entering or located within this 
regulated navigation area 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.
    (4) All vessels and persons within this regulated navigation area 
must comply with any additional instructions of the District Commander 
or the designated representative.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the regulated navigation area by any Federal, State, 
and local agencies.
    (e) Enforcement period. This section will be enforced from 12:01 
a.m. until 11:59 p.m. on the last Saturday in June, annually.


[[Page 28612]]


    Dated: May 26, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-14252 Filed 6-16-09; 8:45 am]
BILLING CODE 4910-15-P


