Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 10695 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1119] 

RIN 1625–AA11 

Regulated Navigation Area; 

Chesapeake and Delaware Canal, 

Chesapeake City Anchorage Basin, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent regulated 

navigation area (RNA) in waters of the 

Chesapeake and Delaware (C & D) Canal, 

within the anchorage basin at 

Chesapeake City, Maryland, to be 

enforced annually, on the last Saturday 

in June, from 12:01 a.m. until 11:59 p.m. 

This RNA is necessary to provide for the 

safety of life, property and the 

environment. This RNA will restrict and 

control the movement of vessels and 

persons throughout the anchorage basin 

during the Town of Chesapeake City’s 

Canal Day event. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before May 11, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–1119 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Mr. Ronald L. Houck, at Coast 

Guard Sector Baltimore, Waterways 

Management Division, at telephone 

number (410) 576–2674 or (410) 576– 

2693. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–1119), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–1119’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–1119 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays; 

or the Commander, U.S. Coast Guard 

Sector Baltimore, 2401 Hawkins Point 

Road, Building 70, Waterways 

Management Division, Baltimore, 

Maryland 21226–1791, between 8 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address 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 

Each year, on the last Saturday in 

June, thousands of people attend the 

Town of Chesapeake City’s Canal Day 

outdoor waterfront festival, located 

adjacent to the C & D Canal anchorage 

basin at Chesapeake City, Maryland. 

Due to the growing presence of visiting 

boaters in recent years, the waterways 

surrounding this annual event have 

become increasingly congested. In 2007, 

an estimated 400 boats and 10,000 

visitors came to Chesapeake City, a 

town with a population of 800. An 

estimated 325 recreational boats were 

anchored or moored alongside other 

boats (rafted). These boats accounted for 

approximately 600 visitors. Persons on 

recreational vessels or other watercraft 

began arriving on the Wednesday before 

the festival, and by that evening, large 

lines of rafted boats filled the anchorage 

basin, the size of which is 

approximately 420 yards in length and 

170 yards in width. On a typical 

weekend, 10 to 15 boats anchor in the 

basin. However, during Canal Day 

waterfront events, the number of boats 

anchoring in and around the basin far 

exceeds this number. In June 2008, a 

Temporary Final Rule (33 CFR 165.T05– 


cprice-sewell on PRODPC61 with PROPOSALS
10696 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 

0315; 73 FR 35588) was implemented 

and proved to be a beneficial tool to 

ensure safety and to control vessel 

movement during this event. Accidental 

drownings, personal injuries, boat fires, 

boat capsizings and sinkings, and 

boating collisions are safety concerns 

during such crowded events. Access on 

the water for hazard prevention and 

response is critical. The Coast Guard has 

the authority to impose appropriate 

controls on activities that may pose a 

threat to persons, vessels and facilities 

under its jurisdiction. The Coast Guard 

proposes to establish a RNA that will be 

enforced on the last Saturday in June, 

annually, in the C & D Canal, within the 

anchorage basin at Chesapeake City, 

Maryland. The purpose of this rule is to 

promote maritime safety, and to protect 

the environment and the maritime 

public transiting the area from the 

potential hazards associated with a large 

gathering of recreational vessels and 

other watercraft in a confined area. The 

proposed rule is needed to protect the 

public and control vessel movement 

during this event. 

Discussion of Proposed Rule 

The Town of Chesapeake City, 

Maryland, sponsors an outdoor festival 

adjacent to the C & D Canal anchorage 

basin, at Chesapeake City, Maryland, 

annually, on the last Saturday in June 

each year. This rule will restrict and 

control access to this area and vessel 

traffic as needed as a method of 

providing for the safety of persons and 

vessels within the anchorage basin and 

the C & D Canal. 

This rule will establish a RNA in the 

C & D Canal anchorage basin, bounded 

by a line drawn across the entrance to 

the basin from position latitude 

39°31′39.6′′ N, longitude 075°48′36.5′′ 

W, to position latitude 39°31′40.6′′ N, 

longitude 075°48′43.3′′ W, and will limit 

access to this area by vessels and 

persons. Persons or vessels requiring 

entry into or passage within the RNA 

area must request authorization from the 

District Commander or his or her 

designated representative, by telephone 

at (410) 576–2693 or by marine band 

radio on VHF–FM Channel 16 (156.8 

MHz), during the enforcement periods. 

All Coast Guard vessels enforcing this 

RNA area can be contacted on marine 

band radio VHF–FM Channel 16 (156.8 

MHz). Vessels granted permission to 

transit the area must travel at no-wake 

speed. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. Though the RNA will be in effect 

for an entire day, commercial traffic in 

the C & D Canal anchorage basin is 

limited, and vessels transiting the C & 

D Canal may proceed safely around the 

RNA. 

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 C & D 

Canal anchorage basin at Chesapeake 

City, Maryland, from 12:01 a.m. until 

11:59 p.m. on the last Saturday in June, 

annually. This RNA will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: although this rule 

will be in effect for the entire day and 

applies to the entire anchorage basin, 

commercial vessel traffic in this area is 

limited and traffic would be allowed to 

pass within the RNA with the 

permission of the District Commander 

or his or her designated representative, 

vessels transiting the C & D Canal may 

proceed safely around the RNA, and the 

Coast Guard will issue maritime 

advisories widely available to users of 

the waterway before the effective 

period. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this 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 rule would economically affect it. 

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 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 Coast Guard 

Sector Baltimore, Waterways 

Management Division, at telephone 

number (410) 576–2674. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

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 

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 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 10697 

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. 

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. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

under the Instruction that this action is 

one of a category of actions which do 

not individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded under section 

2.B.2 Figure 2–1, paragraph 34(g), of the 

Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves establishing 

a RNA in an anchorage area. A 

preliminary ‘‘Environmental Analysis 

Check List’’ supporting this 

determination is available in the docket 

where indicated under the ‘‘Public 

Participation and Request for 

Comments’’ sections of this preamble. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.556 to read as follows: 

§ 165.556 Regulated Navigation Area; 

Chesapeake and Delaware Canal, 

Chesapeake City Anchorage Basin, MD. 

(a) Location. The following area is a 

regulated navigation area: All waters of 

the Chesapeake and Delaware (C & D) 

Canal within the anchorage basin at 

Chesapeake City, Maryland, bounded by 

a line drawn across the entrance to the 

basin from position latitude 39°31′39.6′′ 

N, longitude 075°48′36.5′′ W, to position 

latitude 39°31′40.6′′ N, longitude 

075°48′43.3′′ W. All coordinates refer to 

NAD 1983. 

(b) Definitions. For the purposes of 

this section: 

District Commander means the 

Commander, Fifth Coast Guard District 

or any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Commander, Fifth 

Coast Guard District to act on his or her 

behalf, or his or her designated 

representative. 

(c) Regulations. The general 

regulations governing regulated 

navigation areas, found in 33 CFR 

165.13, apply to the regulated 

navigation area described in paragraph 

(a) of this section. 

(1) All vessels and persons are 

prohibited from entering and accessing 

this regulated navigation area, except as 

authorized by the District Commander 

or his or her designated representative. 

(2) Persons or vessels requiring entry 

into or passage within the regulated 

navigation area must request 

authorization from the District 

Commander or his or her designated 

representative, by telephone at (410) 

576–2693 or by marine band radio on 

VHF–FM Channel 16 (156.8 MHz), from 

12:01 a.m. until 11:59 p.m. on the last 

Saturday in June, annually. All Coast 

Guard vessels enforcing this regulated 

navigation area can be contacted on 

marine band radio VHF–FM Channel 16 

(156.8 MHz). 

(3) All vessels and persons must 

comply with instructions of the District 

Commander or the designated 

representative. 

(4) The operator of any vessel entering 

or located within this regulated 

navigation area shall: 

(i) travel at no-wake speed, 

(ii) stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(iii) proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the regulated navigation 

area by any Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 12:01 a.m. until 

11:59 p.m. on the last Saturday in June, 

annually. 

Dated: February 25, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–5378 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–15–P 


cprice-sewell on PRODPC61 with PROPOSALS