[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Rules and Regulations]               
[Page 58011-58013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-3]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-062]
RIN 1625-AA08

 
Special Local Regulations for Marine Events; Isle of Wight Bay, 
Ocean City, MD.

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent special local 
regulations for fireworks displays over the waters of Isle of Wight 
Bay, Ocean City, Maryland. These special local regulations are 
necessary to provide for the safety of life on navigable waters during 
the fireworks displays. This action is intended to restrict vessel 
traffic in portions of Isle of Wight Bay during the events.

DATES: This rule is effective November 7, 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 CGD05-03-062 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:

[[Page 58012]]

Regulatory Information

    On July 8, 2003 we published a notice of proposed rulemaking (NPRM) 
entitled ``Special Local Regulations for Marine Events; Isle of Wight 
Bay, Ocean City, MD'' in the Federal Register (68 FR 40615). We 
received no letters commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    Several times each year, O.C. Seacrets, Inc. sponsors fireworks 
displays over the waters of Isle of Wight Bay, Ocean City, Maryland. 
The fireworks are launched from two pontoon boats anchored near the 
O.C. Seacrets Dock in the vicinity of 117 W. 49th Street, Ocean City, 
Maryland. A small fleet of spectator vessels normally gathers nearby to 
view the event. Due to the need for vessel control during the 
fireworks, vessel traffic will be temporarily restricted to provide for 
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 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 Isle of Wight 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 Isle of Wight Bay 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 Isle of Wight 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 4 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. We received no 
requests for assistance, 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 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

[[Page 58013]]

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 have analyzed this proposed 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. 4321-4370f), 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 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under that section. 
Under figure 2-1, 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, 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; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  100.531 to read as follows:


Sec.  100.531  Isle of Wight Bay, Ocean City, MD.

    (a) Definitions.
    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 Group Eastern Shore.
    Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Eastern Shore with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    Regulated Area. The regulated area includes all waters of Isle of 
Wight Bay enclosed by the arc of a circle 300 feet in diameter with the 
center located at position 38[deg]22'30.0'' N latitude, 
075[deg]04'18.0'' W longitude. All coordinates reference Datum NAD 
1983.
    (b) 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.
    (c) Enforcement period. This section will be enforced annually from 
9:15 p.m. to 10:15 p.m. on Memorial Day, July 4th, August 6th, and 
Labor Day. If the fireworks are delayed by inclement weather, the 
special local regulations will be enforced from 9:15 p.m. to 10:15 p.m. 
the next day

    Dated: September 17, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-25414 Filed 10-7-03; 8:45 am]

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