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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
CFR Citation: 33 CFR Part 100
Docket ID: [Docket No. USCG-2007-0147]
RIN ID: RIN 1625-AA08
NOTICE: RULES
ACTION: Special Local Regulations:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District
DATES: This rule is effective June 9, 2008.
DOCUMENT SUMMARY: The Coast Guard is establishing special local regulations to regulate recurring marine events in the Fifth Coast Guard District. These regulations apply to all permitted events listed in the table attached to the regulation, and include events such as regattas, and marine parades. These regulations reduce the Coast Guard's administrative workload and expedite public notification of events.
SUMMARY: Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District,
SUPPLEMENTAL INFORMATION
Regulatory InformationOn March 10, 2008, we published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations; Recurring Marine Events in the Fifth Coast Guard District in the Federal Register (73 FR 12669). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held.
Background and Purpose
Marine events are frequently held on the navigable waters within the boundary of the Fifth Coast Guard District. For a description of the geographical area of each Coast Guard SectorCaptain of the Port Zone, please see 33 CFR 3.25.
This regulation includes events such as sailing regattas, power boat races, swim races and holiday parades. Currently, there are 57 annually recurring marine events and many other nonrecurring events within the district. In the past, the Coast Guard regulated these events by creating individual special local regulations on a case by case basis. Most of these events required only the establishment of a regulated area and assignment of a patrol commander to ensure safety. Issuing individual, annual special local regulations has created a significant administrative burden on the Coast Guard. From 2005 to 2007 the Coast Guard created over 100 temporary regulations for marine events in the Fifth District. The numbers are expected to increase in 2008 with the growing popularity of water sports activities.
Additionally, for the majority of these events, the Coast Guard does not receive notification of the event, or important details of the event are not finalized by event organizers, with sufficient time to publish a notice of proposed rulemaking and final rule before the event date. The Coast Guard must therefore create temporary final rules that sometimes are not completed until only days before the event. This results in delayed notification to the public, potentially placing the public and event participants at risk.
This rule significantly reduces the administrative burden on the Coast Guard, and at the same time allows the sponsor of the event and the Coast Guard to notify the public of these events in a timely manner. The public will be provided with notice of events through the table attached to this regulation. This table lists each recurring event that may be regulated by the Coast Guard, and indicates the sponsor, as well as the date and location of the event. Because the dates and location of these events may change slightly from year to year, the specific information on each event, including the exact dates, specific areas, and description of the regulated area, would be provided to the public through a Local Notice to Mariners published before the event, as well as through Broadcast Notice to Mariners. This table will also be updated by the Coast Guard periodically to add new recurring events, remove events that no longer occur, and update listed events to ensure accurate information is provided. The public will also be notified about many of the listed marine events by local newspapers, radio and television stations. The various methods of notification provided by the Coast Guard and local community media outlets will facilitate informing mariners so they can adjust their plans accordingly.
Discussion of Comments and Changes
The Coast Guard has made some minor technical revisions to this rule. Revisions to the regulatory text include the following items.
In the Table to Sec. 100.501, marine event No. 3 was deleted. In its place ``Night in Venice'' Great Egg Harbor Bay, Ocean City, New Jersey was added as marine event No. 3. This event was previously regulated by 33 CFR 100.504 for the same location. This revision does not impose any additional restrictions on vessel traffic.
[[Page 26008]]
In the Table to Sec. 100.501, the location description for marine event No's 31, 32, 35 and 49 were revised. All four marine events take place in the same location in the Western Branch of the Elizabeth River, Portsmouth, Virginia. The location was revised to reduce the overall size of the regulated area. This revision does not impose any additional restrictions on vessel traffic.
Regulatory Evaluation
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.
We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. The effect of this action merely establishes the dates on which the existing regulations would be enforced and consolidates them within one regulation. It would not impose any additional restrictions on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601612), 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, notforprofit 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 areas where marine events are being held. This regulation will not have a significant impact on a substantial number of small entities because it will be enforced only during marine events that have been permitted by the Coast Guard Captain of the Port. The Captain of the Port will ensure that small entities are able to operate in the areas where events are occurring. Additionally, in most cases, vessels will be able to safely transit around the regulated area at all times, and, with the permission of the Patrol Commander, vessels may transit through the regulated area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104121), 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 1888REGFAIR (18887343247). 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. 35013520).
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. 15311538) 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.
[[Page 26009]]
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 which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 43214370f), and have concluded 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 21, paragraph (34)(h), of the Instruction, from further environmental documentation. This rule fits the category of paragraph 34(h) because it creates special local regulations for regattas and marine parades.
Under figure 21, paragraph (34)(h), of the Instruction, an ``Environmental Analysis Check List'' 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, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:
PART 100SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Revise section 100.501 and add a new Sec. 100.501 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth Coast Guard District.
The following regulations apply to the marine events listed in the
Table to Sec. 100.501. These regulations will be effective annually,
for the duration of each event listed in the Table to Sec. 100.501.
Annual notice of the exact dates and times of the effective period of
the regulation with respect to each event, the geographical area, and
details concerning the nature of the event and the number of
participants and type(s) of vessels involved will be published in Local
Notices to Mariners and via Broadcast Notice to Mariners over VHFFM marine band radio.
(a) Definitions. The following definitions apply to this section:
(1) Coast Guard Patrol Commander. A Patrol Commander is a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the respective Coast Guard SectorCaptain of the Port to enforce these regulations.
(2) Official Patrol. Any vessel assigned or approved by the
respective Captain of the Port with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.
(b) Event Patrol. The Coast Guard may assign an event patrol, as
described in Sec. 100.40 of this part, to each regulated event listed
in the table. Additionally, a Patrol Commander may be assigned to
oversee the patrol. The event patrol and Patrol Commander may be contacted on VHFFM Channel 16.
(c) Special Local Regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels in the regulated
area(s). When hailed or signaled by an official patrol vessel, a vessel
in these areas 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) Only event sponsor designated participants and official patrol vessels are allowed to enter the regulated area.
(4) Spectators are allowed inside the regulated area only if they
remain within a 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 at safe speed and without loitering.
(d) Contact Information. Questions about marine events should be
addressed to the local Coast Guard Captain of the Port for the area in
which the event is occurring. Contact information is listed below. For
a description of the geographical area of each Coast Guard Sector
Captain of the Port zone, please see subpart 3.25 of this chapter.
(1) Coast Guard Sector Delaware BayCaptain of the Port Zone, Philadelphia, Pennsylvania: (215) 2714944.
(2) Coast Guard Sector BaltimoreCaptain of the Port Zone, Baltimore, Maryland: (410) 5762525.
(3) Coast Guard Sector Hampton RoadsCaptain of the Port Zone, Norfolk, Virginia: (757) 4838567.
(4) Coast Guard Sector North CarolinaCaptain of the Port Zone, Atlantic Beach, North Carolina: (252) 2474545.
(5) Coast Guard Marine Safety Unit WilmingtonCape Fear River
Captain of the Port Zone, Wilmington, North Carolina: (910) 7722200.
(e) Application for Marine Events. The application requirements of
Sec. 100.15 of this part apply to all events listed in the Table to
Sec. 100.501. For information on applying for a marine event, contact
the Captain of the Port for the area in which the event will occur, at the phone numbers listed above.
Table To Sec. 100.501.All Coordinates Listed in the Table to Sec. 100.501 Reference Datum NAD 1983
No. Date Event Sponsor Location
Coast Guard Sector Delaware BayCOTP Zone
1.............. June1st Sunday..... Atlantic County Day Atlantic County, New The waters of Great Egg
at the Bay. Jersey. Harbor Bay, adjacent to
Somers Point, New Jersey,
bounded by a line drawn
along the following
boundaries: The area is
bounded to the north by
the shoreline along John
F. Kennedy Park and
Somers Point, New Jersey;
bounded to the east by
the State Route 52
bridge; bounded to the
south by a line that runs
along latitude
39[deg]18[min]00[sec] N;
and bounded to the west
by a line that runs along
longitude
074[deg]37[min]00[sec] W. [[Page 26010]]
2.............. June3rd Saturday... Annual Escape from Escape from Fort All waters of the Delaware
Fort Delaware Delaware Triathlon, River between Pea Patch
Triathlon. Inc. Island and Delaware City,
Delaware, bounded by a
line connecting the
following points:
Latitude
39[deg]36[min]35.7[sec]
N, longitude
075[deg]35[min]25.6[sec]
W, to latitude
39[deg]34[min]57.3[sec]
N, longitude
075[deg]33[min]23.1[sec]
W, to latitude
39[deg]34[min]11.9[sec]
N, longitude
075[deg]34[min]28.6[sec]
W, to latitude
39[deg]35[min]52.4[sec]
N, longitude
075[deg]36[min]33.9[sec]
W.
3.............. July4th Saturday... Night in Venice...... City of Ocean City, The waters of Great Egg
NJ, Night in Venice Harbor Bay and Beach
Committee. Thorofare along the
Intracoastal Waterway
(ICW), adjacent to Ocean
City, New Jersey, bounded
by a line drawn at the
following points: Bounded
to the north by a line
that runs along longitude
074[deg]33[min]35[sec] W,
that crosses the ICW in
the vicinity of the
northern end of the Great
Egg Harbor Inlet bridge;
bounded to the south by a
line that runs along
longitude
074[deg]36[min]30[sec] W,
that crosses the ICW in
the vicinity of day
beacon
Coast Guard Sector BaltimoreCOTP Zone
13............. March4th or last Safety at Sea Seminar U.S. Naval Academy... All waters of the Severn
Saturday. River from shoreline to
shoreline, bounded to the
northwest by a line drawn
from the south shoreline
at latitude
39[deg]00[min]38.9[sec]
N., longitude
076[deg]31[min]05.2[sec]
W. thence to the north
shoreline at latitude
39[deg]00[min]54.7[sec]
N., longitude
076[deg]30[min]44.8[sec]
W., this line is
approximately 1300 yards
northwest of the U.S. 50
fixed highway bridge. The
regulated area is bounded
to the southeast by a
line drawn from the Naval
Academy Light at latitude
38[deg]58[min]39.5[sec]
N., longitude
076[deg]28[min]49[sec]
W., thence southeast to a
point 700 yards east of
Chinks Point, MD, at
latitude
38[deg]58[min]1.9[sec]
N., longitude
076[deg]28[min]1.7[sec]
W., thence northeast to
Greenbury Point at
latitude
38[deg]58[min]29[sec] N.,
longitude
076[deg]27[min]16[sec] W.
14............. Marchlast Friday, USNA Crew Races...... U.S. Naval Academy... All waters of the Severn
Saturday, and River from shoreline to
Sunday; April and shoreline, bounded to the
Mayevery Friday, northwest by a line drawn
Saturday, and Sunday. from the south shoreline
at latitude
39[deg]00[min]38.9[sec]
N., longitude
076[deg]31[min]05.2[sec]
W. thence to the north
shoreline at latitude
39[deg]00[min]54.7[sec]
N., longitude
076[deg]30[min]44.8[sec]
W., this line is
approximately 1300 yards
northwest of the U.S. 50
fixed highway bridge. The
regulated area is bounded
to the southeast by a
line drawn from the Naval
Academy Light at latitude
38[deg]58[min]39.5[sec]
N., longitude
076[deg]28[min]49[sec] W.
thence southeast to a
point 700 yards east of
Chinks Point, MD, at
latitude
38[deg]58[min]1.9[sec]
N., longitude
076[deg]28[min]1.7[sec]
W. thence northeast to
Greenbury Point at
latitude
38[deg]58[min]29[sec] N.,
longitude
076[deg]27[min]16[sec] W.
15............. April2nd Saturday.. St. Mary's Seahawk St. Mary's College of All waters of the St.
Sprint. Maryland. Mary's River, from
shoreline to shoreline,
bounded to the south by a
line at latitude
38[deg]10[min]05[sec] N,
and bounded to the north
by a line at latitude
38[deg]12[min]00[sec] N.
16............. May1st Sunday...... Nanticoke River Swim Nanticoke River Swim All waters of the
and Triathlon. and Triathlon, Inc. Nanticoke River,
including Bivalve Channel
and Bivalve Harbor,
bounded by a line drawn
from a point on the
shoreline at latitude
38[deg]18[min]00[sec] N,
longitude
075[deg]54[min]00[sec] W,
thence westerly to
latitude
38[deg]18[min]00[sec] N,
longitude
075[deg]55[min]00[sec] W,
thence northerly to
latitude
38[deg]20[min]00[sec] N,
longitude
075[deg]53[min]48[sec] W,
thence easterly to
latitude
38[deg]19[min]42[sec] N,
longitude
075[deg]52[min]54[sec] W.
17............. May2nd Saturday and Baltimore County Baltimore County..... All waters of Martin
Sunday. Community Waterfront Lagoon that are north of
Festival. a line drawn from
latitude
39[deg]19[min]34[sec] N,
longitude
076[deg]25[min]41[sec] W,
thence to a position
located at
39[deg]19[min]33[sec] N,
longitude
076[deg]25[min]33[sec] W.
18............. May3rd Friday, Dragon Boat Races at Dragon Boat Festival, The waters of the Upper
Saturday, and Sunday. Thompson Boathouse, Inc. Potomac River,
Georgetown, Washington, DC, from
Washington, DC. shoreline to shoreline,
bounded upstream by the
Francis Scott Key Bridge
and downstream by the
Roosevelt Memorial
Bridge.
19............. May3rd Tuesday and Blue Angels Air Show. U.S. Naval Academy... All waters of the Severn
Wednesday. River from shoreline to
shoreline, bounded to the
northwest by a line drawn
from the south shoreline
at latitude
39[deg]00[min]38.9[sec]
N., longitude
076[deg]31[min]05.2[sec]
W. thence to the north
shoreline at latitude
39[deg]00[min]54.7[sec]
N., longitude
076[deg]30[min]44.8[sec]
W., this line is
approximately 1300 yards
northwest of the U.S. 50
fixed highway bridge. The
regulated area is bounded
to the southeast by a
line drawn from the Naval
Academy Light at latitude
38[deg]58[min]39.5[sec]
N., longitude
076[deg]28[min]49[sec] W.
thence southeast to a
point 700 yards east of
Chinks Point, MD, at
latitude
38[deg]58[min]1.9[sec]
N., longitude
076[deg]28[min]1.7[sec]
W. thence northeast to
Greenbury Point at
latitude
38[deg]58[min]29[sec] N.,
longitude
076[deg]27[min]16[sec] W.
20............. June2nd Sunday..... The Great Chesapeake Great Chesapeake Bay The waters of the
Bay Bridges Swim Swim, Inc. Chesapeake Bay between
Races and Chesapeake and adjacent to the spans
Challenge One Mile of the William P. Lane
Swim. Jr. Memorial Bridge shore
to shore 500 yards north
of the north span of the
bridge from the western
shore at latitude
39[deg]00[min]36[sec] N,
longitude
076[deg]23[min]05[sec] W
and the eastern shore at
latitude
38[deg]59[min]14[sec] N,
longitude
076[deg]20[min]00[sec] W,
and 500 yards south of
the south span of the
bridge from the western
shore at latitude
39[deg]00[min]16[sec] N,
longitude
076[deg]24[min]30[sec] W
and the eastern shore at
latitude
38[deg]58[min]38.5[sec]
N, longitude
076[deg]20[min]06[sec] W.
21............. June3rd Saturday or Maryland Swim for District of Columbia The waters of the Chester
July3rd Saturday. Life. Aquatics Club. River from shoreline to
shoreline, bounded on the
south by a line drawn at
latitude
39[deg]10[min]16[sec] N,
near the Chester River
Channel Buoy 35 (LLN
26795) and bounded on the
north at latitude
39[deg]12[min]30[sec] N
by the Maryland S.R. 213
Highway Bridge. [[Page 26012]]
22............. Junelast Saturday Bo Bowman Memorial Virginia/Carolina All waters of the
and Sunday. Sharptown Regatta. Racing Assn. Nanticoke River, near
Sharptown, Maryland,
between Maryland S.R. 313
Highway Bridge and
Nanticoke River Light 43
(LLN24175), bounded by a
line drawn between the
following points:
Southeasterly from
latitude
38[deg]32[min]46[sec] N,
longitude
075[deg]43[min]14[sec] W,
to latitude
38[deg]32[min]42[sec] N,
longitude
075[deg]43[min]09[sec] W,
thence northeasterly to
latitude
38[deg]33[min]04[sec] N,
longitude
FOR FURTHER INFORMATION CONTACT If you have questions on this rule,
call Dennis Sens, Project Manager, Fifth Coast Guard District, Prevention Division, at 7573986204 or email at
Dennis.M.Sens@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
2023669826.
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