[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Rules and Regulations]               
[Page 58603-58604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-031]
RIN 1625-AA08

 
Special Local Regulations for Marine Events; Prospect Bay, Kent 
Island Narrows, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for the ``Thunder on the Narrows'' boat races, an annual 
marine event held on the waters of Prospect Bay near Kent Island 
Narrows, 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 
Prospect Bay during the event.

DATES: This rule is effective November 10, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-03-031 and are available for inspection or 
copying at Commander (oax), 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.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Auxiliary and Recreational Boating Safety Branch at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 31, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Prospect 
Bay, Kent Island Narrows, MD'' in the Federal Register (68 FR 15417). 
We received no letters commenting on the proposed rule. No public 
hearing was requested, and none was held.

Background and Purpose

    Each year on the first Saturday and Sunday of August, the Kent 
Narrows Racing Association sponsors the ``Thunder on the Narrows'' 
powerboat races. The event consists of 75 Hydroplanes and Jersey Speed 
Skiffs racing in heats counter-clockwise around a 1.5-mile oval 
racecourse on the waters of Prospect Bay, Kent Island Narrows, 
Maryland. A fleet of approximately 200 spectator vessels normally 
gathers nearby to view the event. Due to the need for vessel control 
during the races, vessel traffic will be temporarily restricted to 
provide for the safety of the spectators, participants 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this regulation will prevent traffic from transiting a 
portion of Prospect Bay 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, marine information broadcasts, and area newspapers, so 
mariners can adjust their plans accordingly. Additionally, the proposed 
regulated area has been narrowly tailored to impose the least impact on 
general navigation yet provide the level of safety deemed necessary. 
Vessel traffic will be able to transit Prospect Bay and Kent Narrows by 
navigating around the regulated area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 Prospect Bay 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 will be in effect for only 2 days each year. Vessel traffic will 
be able to pass safely around 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), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. No assistance 
was requested and none was provided.
    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

[[Page 58604]]

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

Environment

    We prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1D, and determined that this rule will 
not significantly affect the quality of the human environment. The 
``Environmental Assessment'' and ``Finding of No Significant Impact'' 
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.


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 through 1236; Department of Homeland 
Security Delegation No. 0170.1, 33 CFR 100.35.


0
2. Add Sec.  100.530 to read as follows:


Sec.  100.530  Prospect Bay, Kent Island Narrows, Maryland.

    (a) Regulated Area. The regulated area includes all waters of 
Prospect Bay enclosed by the following points:

Latitude                             Longitude

38[deg]57'52.0'' N                   076[deg]14'48.0'' W, to
38[deg]58'02.0'' N                   076[deg]15'05.0'' W, to
38[deg]57'38.0'' N                   076[deg]15'29.0'' W, to
38[deg]57'28.0'' N                   076[deg]15'23.0'' W, to
38[deg]57'52.0'' N                   076[deg]14'48.0'' W.




All coordinates reference Datum NAD 1983.
    (b) Definitions. The following definitions apply to this section:
    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.
    Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Activities Baltimore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (c) 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, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Enforcement period. This section will be enforced annually from 
9:30 a.m. to 6:30 p.m. on the first Saturday and Sunday in August. 
Notice of the enforcement period will be given via Marine Safety Radio 
Broadcast on VHF-FM marine band radio, Channel 22 (157.1 MHz).

    Dated: September 17, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-25747 Filed 10-9-03; 8:45 am]

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