[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Proposed Rules]
[Pages 10695-10697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5378]



[[Page 10695]]

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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.

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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 8\1/2\ 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-

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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[deg]31'39.6'' N, longitude 075[deg]48'36.5'' W, to position 
latitude 39[deg]31'40.6'' N, longitude 075[deg]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

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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 Sec.  165.556 to read as follows:


Sec.  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[deg]31'39.6'' N, longitude 075[deg]48'36.5'' W, to position latitude 
39[deg]31'40.6'' N, longitude 075[deg]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]
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