[Federal Register: October 24, 2003 (Volume 68, Number 206)]
[Proposed Rules]               
[Page 60895-60897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc03-26]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-156]
RIN 1625-AA08

 
Special Local Regulations for Marine Events; Nanticoke River, 
Sharptown, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the Sharptown Outboard Regatta, a marine event held on 
the waters of the Nanticoke River near Sharptown, Maryland. This action 
is 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 Nanticoke River during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before January 22, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational 
Boating Safety Branch, Fifth Coast Guard District, maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address 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:

[[Page 60896]]

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-03-
156), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The North-South Racing Association sponsors the Sharptown Outboard 
Regatta annually on the last Saturday and Sunday in June. The event 
consists of approximately 50 hydroplanes and runabouts conducting high-
speed competitive races on the waters of the Nanticoke River between 
the Maryland S.R. 313 Highway Bridge and Nanticoke River Light 43 (LLN-
24175). The races usually begin at 12 noon and conclude at 5 p.m. each 
day. A fleet of spectator vessels normally gathers nearby to view the 
event. To provide for the safety of participants, spectators and 
transiting vessels, the Coast Guard intends to temporarily restrict 
vessel movement in the event area before, during and after the event.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent regulated area on 
specified waters of the Nanticoke River, near Sharptown, Maryland. The 
regulated area would include waters of the Nanticoke River between the 
Maryland S.R. 313 Highway Bridge and Nanticoke River Light 43 (LLN-
24175). The proposed special local regulations would restrict general 
navigation in the regulated area on the last Saturday and Sunday in 
June and would be enforced from one hour prior to the start of the 
event to one hour after the event each day. Except for participants in 
the Sharptown Outboard Regatta and persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel would be allowed to 
enter or remain in the regulated area. The Patrol Commander would allow 
non-participating vessels to transit the regulated area between races, 
when it is safe to do so. The proposed regulated area is needed to 
control vessel traffic before, during and after the event to enhance 
the safety of participants, spectators and transiting vessels.

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Although this proposed regulation 
would prevent traffic from transiting a portion of the Nanticoke River 
during the event, the effect of this proposed regulation would 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, vessel traffic would be able to 
transit the regulated area when the Coast Guard Patrol Commander deems 
it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed 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 a portion of the 
Nanticoke River during the event.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would be in effect for only two days each year. Vessel 
traffic would be able to transit the regulated area when the Coast 
Guard Patrol Commander deems it is safe to do so. Before the 
enforcement period, we would issue maritime advisories so mariners can 
adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 proposed rule would call 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

[[Page 60897]]

compliance on them. We have analyzed this proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 proposed 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.

Energy Effects

    We have analyzed this proposed 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.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  100.532 to read as follows:


Sec.  100.532  Nanticoke River, Sharptown, MD.

    (a) Regulated Area. The regulated area includes all waters of the 
Nanticoke River, near Sharptown, Maryland, between Maryland S.R. 313 
Highway Bridge and Nanticoke River Light 43 (LLN-24175), bounded by a 
line drawn between the following points: southeasterly from latitude 
38[deg]32'46'' N, longitude 075[deg]43'14'' W, to latitude 
38[deg]32'42'' N, longitude 75[deg]43'09'' W, thence northeasterly to 
latitude 38[deg]33'04'' N, longitude 075[deg]42'39'' W, thence 
northwesterly to latitude 38[deg]33'09'' N, longitude 75[deg]42'44'' W, 
thence southwesterly to latitude 38[deg]32'46'' N, longitude 
75[deg]43'14'' W. All coordinates reference Datum NAD 1983.
    (b) Definitions. The following definitions apply to this section:
    Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Activities Baltimore.
    Official Patrol means 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 this area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol; and
    (ii) Proceed as directed by any Official Patrol.
    (d) Enforcement period. This section will be enforced annually on 
the last Saturday and Sunday in June. Notice of the specific event 
times will be given via marine Safety Radio Broadcast on VHF-FM marine 
band radio channel 22 (157.1 MHz).

    Dated: October 10, 2003.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 03-26868 Filed 10-23-03; 8:45 am]

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