
[Federal Register: September 21, 2010 (Volume 75, Number 182)]
[Rules and Regulations]               
[Page 57388-57390]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se10-10]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0383]
RIN 1625-AA08

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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Chesapeake Challenge'' power boat races, a marine event to 
be held on the waters of the Patuxent River, near Solomons, MD on 
October 1, 2010 and October 3, 2010. These special local regulations 
are necessary to provide for the safety of life on navigable waters 
during the event. This action is intended to temporarily restrict 
vessel traffic in a portion of the Patuxent River during the event.

DATES: This rule is effective from 10 a.m. on October 1, 2010 until 6 
p.m. on October 3, 2010.

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-2010-0383 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0383 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 
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard 
Sector, Baltimore, MD; 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 June 10, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Patuxent 
River, Solomons, MD'' in the Federal Register (75 FR 32866). 
Additionally, on July 19, 2010, we published a supplemental notice of 
proposed rulemaking (SNPRM) entitled ``Special Local Regulations for 
Marine Events; Patuxent River, Solomons, MD'' in the Federal Register 
(75 FR 41789). We received no comments on the proposed rules. 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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment against the hazards associated with high-
speed offshore power boat races on confined navigable waters. Such 
hazards include damages and injuries caused by collisions with other 
vessels and navigational obstructions and hazards caused by vessel 
sinkings. In addition, with no changes from the information provided in 
the SNPRM and no comments received, the public has been aware of the 
scheduled date since July 19, 2010. Therefore, a 30-day notice is 
contrary to the public interest. Delaying the effective date would be 
contrary to the regulated area's intended objectives of protecting 
persons and vessels involved in the event, and enhancing public and 
maritime safety.

Basis and Purpose

    On October 1, 2010 and October 3, 2010, the Chesapeake Bay Power 
Boat Association will sponsor power boat races on the Patuxent River 
near Solomons, MD. The event consists of offshore power boats racing in 
a counter-clockwise direction on a racetrack-type course located 
between the Governor Thomas Johnson Memorial (SR-4) Bridge and the U.S. 
Naval Air Station Patuxent River, MD. The start and finish lines will 
be located near the Solomon's Pier. A large spectator fleet is expected 
during the event. Due to the need for vessel control during the event, 
the Coast Guard will temporarily restrict vessel traffic in the event 
area to provide for the safety of participants, spectators and other 
transiting vessels.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM and 
SNPRM. No public meeting was requested and none was held. The 
regulation proposed in the SNPRM is the regulation being added.

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 regulation will prevent traffic from transiting a 
portion of the Patuxent 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 the Local 
Notice to Mariners and marine information broadcasts, 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

[[Page 57389]]

of safety deemed necessary. Vessel traffic will be able to transit 
safely through a portion regulated area, westward and southward of the 
spectator fleet area.

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 would affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in the affected portions of the Patuxent River during 
the event.
    Although this regulation prevents traffic from transiting a portion 
of the Patuxent River at Solomons, MD 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 would be in effect for 
only a limited period. Though the regulated area extends across the 
entire width of the river, vessel traffic will be able to transit 
safely around the spectator fleet and race course areas within the 
regulated area in a northerly or southerly direction westward of the 
spectator area, taking action to avoid a close-quarters situation with 
spectators, until finally past and clear of the regulated area. 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), 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 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

[[Page 57390]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction. This 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. 
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 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. Add a temporary section, Sec.  100.35T05-0383, to read as follows:

Sec.  100.35T05-0383  Special Local Regulations for Marine Events; 
Patuxent River, Solomons, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Patuxent River, within lines connecting the following 
positions: from latitude 38[deg]19'45'' N., longitude 076[deg]28'06'' 
W., thence to latitude 38[deg]19'24'' N., longitude 076[deg]28'30'' W., 
thence to latitude 38[deg]18'32'' N., longitude 076[deg]28'14'' W.; and 
from latitude 38[deg]17'38'' N., longitude 076[deg]27'26'' W., thence 
to latitude 38[deg]18'00'' N., longitude 076[deg]26'41'' W., thence to 
latitude 38[deg]18'59'' N., longitude 076[deg]27'20'' W., located at 
Solomons, Maryland. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all vessels participating in the Chesapeake 
Challenge under the auspices of the Marine Event Permit issued to the 
event sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels in the regulated 
area. When hailed or signaled by an official patrol vessel, a vessel in 
the regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any vessel participating in the event, at any time it 
is deemed necessary for the protection of life or property.
    (3) All vessel traffic not involved with the event will be allowed 
to transit the regulated area and shall proceed in a northerly or 
southerly direction westward of the spectator area, taking action to 
avoid a close-quarters situation with spectators, until finally past 
and clear of the regulated area.
    (4) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) Only participants and official patrol are allowed to enter the 
race course area.
    (6) Spectators are allowed inside the regulated area only if they 
remain within the designated spectator area. Spectators will be 
permitted to anchor within the designated spectator area. No vessel may 
anchor within the regulated area outside the designated spectator area. 
Spectators may contact the Coast Guard Patrol Commander to request 
permission to pass through the regulated area. If permission is 
granted, spectators must pass directly through the regulated area 
outside the race course and spectator areas at a safe speed and without 
loitering.
    (7) Designated Spectator Fleet Area. The spectator fleet area is 
located within a line connecting the following positions: latitude 
38[deg]19'14'' N., longitude 076[deg]28'16'' W., thence to latitude 
38[deg]18'00'' N., longitude 076[deg]27'26'' W., thence to latitude 
38[deg]18'02'' N., longitude 076[deg]27'20'' W., thence to latitude 
38[deg]19'16'' N., longitude 076[deg]28'10'' W., thence to the point of 
origin at latitude 38[deg]19'14'' N., longitude 076[deg]28'16'' W. All 
coordinates reference datum NAD 1983.
    (8) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement periods: This section will be enforced from 10 a.m. 
to 6 p.m. on October 1, 2010 and from 10 a.m. until 6 p.m. on October 
3, 2010.

    Dated: August 30, 2010.
Brian W. Roche,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2010-23477 Filed 9-20-10; 8:45 am]
BILLING CODE 9110-04-P

