
[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Rules and Regulations]
[Pages 40391-40393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16034]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0489]
RIN 1625-AA08


Special Local Regulations; Dinghy Poker Run, Middle River; 
Baltimore County, Essex, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations during the ``Dinghy Poker Run,'' a marine event to be held 
on the waters of Middle River. 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 Middle River during the event.

DATES: This rule is effective from July 27, 2013, at 12:30 p.m. until 
July 28, 2013, at 5:30 p.m. This rule will be enforced from 12:30 p.m. 
to 5:30 p.m. on July 27 and July 28, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0489]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

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 Ronald.L.Houck@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, 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. Regulatory History and Information

    The Coast Guard is issuing this 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 publishing an NPRM would be 
impracticable. The Coast Guard received the information about the event 
on June 5, 2013, and therefore, it would be impracticable to publish an 
NPRM. Further, over 300 vessels are expected to participate in this 
marine event, and a special local regulation for this event is in the 
public interest.
    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. As previously discussed, it is 
impracticable and contrary to the public interest to delay this 
regulation 30 days, as the Coast Guard received late notice of this 
event preventing a full notice and comment period.

[[Page 40392]]

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 33 U.S.C. 1233. The purpose of the 
rule is to ensure safety of life on navigable waters of the United 
States during the Dinghy Poker Run event.
    On July 27, 2013, the Norris Lane Foundation of Abingdon, Maryland, 
is sponsoring the ``Dinghy Poker Run'' in Baltimore County at Essex, 
Maryland. The event will occur from 1 p.m. to 5 p.m. Approximately 300 
dinghies will operate on a designated course located in a certain 
portion of the Middle River, which includes Frog Mortar Creek, Dark 
Head Creek, Hopkins Creek, Norman Creek, Hogpen Creek and Galloway 
Creek. Participants will be supported by sponsor-provided watercraft. 
The race course will impede the navigation channel.

C. Discussion of Final Rule

    The Coast Guard is establishing special local regulations on 
specified waters of Middle River. The regulations will be enforced from 
12:30 p.m. to 5:30 p.m. on July 27, 2013, and, if necessary due to 
inclement weather, from 12:30 p.m. to 5:30 p.m. on July 28, 2013. The 
regulated area includes all waters of Middle River, from shoreline to 
shoreline, within an area bounded to the north by a line drawn along 
latitude 39[deg]19'33'' N, and bounded to the south by a line drawn 
along latitude 39[deg]18'06'' W, located in Baltimore County, at Essex, 
MD.
    The effect of this proposed rule will be to restrict general 
navigation in the regulated area during the event. Vessels intending to 
transit Middle River through the regulated area will only be allowed to 
safely transit the regulated area only when the Coast Guard Patrol 
Commander has deemed it safe to do so. 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. The Coast Guard 
will provide notice of the special local regulations by Local Notice to 
Mariners, Broadcast Notice to Mariners, and the official patrol on 
scene.

D. Regulatory Analyses

    We developed this 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 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: (1) The special local regulations will be enforced 
for a limited period; (2) although persons and vessels will not be able 
to enter, transit through, anchor in, or remain within the event area, 
without authorization from the Coast Guard Patrol Commander or official 
patrol on scene, they may operate in the surrounding area during the 
enforcement period; and (3) the Coast Guard will provide advance 
notification of the special local regulations to the local maritime 
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this 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 would 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 that portion of Middle 
River encompassed within the special local regulations from 12:30 p.m. 
to 5:30 p.m. on July 27, 2013, and, if necessary due to inclement 
weather, from 12:30 p.m. to 5:30 p.m. on July 28, 2013. For the reasons 
discussed in the Regulatory Planning and Review section above, this 
rule will not have a significant economic impact on a substantial 
number of small entities.
    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 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 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 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 rule would 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.

[[Page 40393]]

9. 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.

10. Protection of Children From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

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

14. 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 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 rule involves special local 
regulations issued in conjunction with a regatta or marine parade. This 
rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An 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 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 Sec.  100.35-T05-0489 to read as follows:


Sec.  100.35-T05-0489  Special Local Regulations; Dinghy Poker Run, 
Middle River; Baltimore County, Essex, MD.

    (a) Regulated area. The following location is a regulated area: All 
waters of the Middle River, from shoreline to shoreline, within an area 
bounded to the north by a line drawn along latitude 39[deg]19'33'' N, 
and bounded to the south by a line drawn along latitude 39[deg]18'06'' 
W, located in Baltimore County, at Essex, MD. 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 persons and vessels participating in the 
Dinghy Poker Run event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Baltimore.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel or person 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) Vessels and persons may contact the Coast Guard Patrol 
Commander to request permission to pass through the regulated area. If 
permission is granted, vessels and persons must pass directly through 
the regulated area, at a safe speed and without loitering.
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (4) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement periods. This section will be enforced from 12:30 
p.m. to 5:30 p.m. on July 27, 2013, and, if necessary due to inclement 
weather, from 12:30 p.m. to 5:30 p.m. on July 28, 2013.

    Dated: June 12, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-16034 Filed 7-3-13; 8:45 am]
BILLING CODE 9110-04-P


