[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Rules and Regulations]               
[Page 41832-41834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-13]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-032]
RIN 2115-AE46

 
Special Local Regulations for Marine Events; Northeast River, 
North East, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Salute to Cecil County Veterans Fireworks 
Celebration, an event to be held over the waters of the Northeast 
River, North East, Maryland. These 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 Northeast River during the fireworks display.

DATES: This rule is effective from 9 p.m. to 10 p.m. (local time) on 
July 3, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-032 and are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

[[Page 41833]]


FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The event will be held on Wednesday, July 3, 2002. 
There is not sufficient time to allow for an appropriate notice and 
comment period, prior to the event. Because of the danger inherent in 
pyrotechnic displays, special local regulations are necessary to 
provide for the safety of 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. In 
addition, advance notifications will be made via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers.

Background and Purpose

    On July 3, 2002, the Salute to Cecil County Veterans Committee will 
sponsor a fireworks display over the Northeast River, adjacent to North 
East Community Park, North East, Maryland. The pyrotechnics will be 
launched from a barge anchored approximately 1000 yards south of North 
East Community Park. A fleet of spectator vessels is expected to gather 
near the event site to view the fireworks display. To provide for the 
safety of spectators and other transiting vessels, the Coast Guard will 
temporarily restrict vessel traffic in the event area during the 
fireworks display.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Northeast River adjacent to North East 
Community Park, North East, Maryland. The regulated area is a 300-yard 
radius around the fireworks barge. The temporary special local 
regulations will be in effect from 9 p.m. to 10 p.m. local time on July 
3, 2002. The effect will be to restrict general navigation in the 
regulated area during the 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. The Patrol Commander will notify 
the public of specific enforcement times by Marine Radio Safety 
Broadcast. These regulations are needed to control vessel traffic 
during the event to enhance the safety of spectators and transiting 
vessels.

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. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979).
    Although this rule prevents traffic from transiting a portion of 
the Northeast River during the event, the effect of this rule 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, marine 
information broadcasts, and area newspapers so mariners can adjust 
their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 the effected portions of the Northeast River during the 
event.
    Although this rule prevents traffic from transiting a portion of 
the Northeast River during the event, the effect of this rule will not 
be significant because of 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, marine 
information broadcasts, and area newspapers 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 want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 address listed under 
ADDRESSES.
    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).

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 law 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 41834]]

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 concern 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 and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraphs (34)(h) and (35)(a) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit for an event not 
located in, proximate to, or above an area designated as 
environmentally sensitive by an environmental agency of the Federal, 
state, or local government, are specifically excluded from further 
analysis and documentation under those sections. A ``Categorical 
Exclusion Determination'' is 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.


    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

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.


    2. From 9 p.m. to 10 p.m. on July 3, 2002, add a temporary 
Sec. 100.35-T05-032 to read as follows:


Sec. 100.35-T05-032  Northeast River, North East, Maryland .

    (a) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
    (b) Official Patrol. The Official Patrol is any commissioned, 
warrant, or petty officer of the Coast Guard on board a vessel 
displaying a Coast Guard ensign.
    (c) Regulated area. All waters of the Northeast River, enclosed 
within the arc of a circle 600-yards in diameter with the center at 
latitude 39 deg.35'18" N, longitude 075 deg.57'18" W. All coordinates 
reference Datum NAD 1983.
    (d) Special local regulations:
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (e) Enforcement period. This section will be enforced from 9 p.m. 
to 10 p.m. local time on July 3, 2002.

    Dated: June 12, 2002.
T.C. Paar,
Captain, Coast Guard, Acting Commander, Fifth Coast Guard District.
[FR Doc. 02-15606 Filed 6-19-02; 8:45 am]
BILLING CODE 4910-15-P