[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Rules and Regulations]
[Pages 61034-61037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21018]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-104]
RIN 1625-AA08


Special Local Regulations for Marine Events; Spa Creek, 
Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: On September 1, 2005, the Coast Guard published a notice of 
proposed rulemaking (NPRM) in the Federal Register requesting public 
comments regarding establishment of permanent special local regulations 
for ``Tug-of-War'', a marine event conducted over the waters of Spa 
Creek between Eastport and Annapolis, 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 Spa Creek during the event.

DATES: Effective October 20, 2005. For 2005 only, this rule is enforced 
from 9:30 a.m. to 12 p.m. on October 29, 2005. Thereafter, this rule 
will be enforced annually from 10:30 a.m. to 2:30 p.m. on the first 
Saturday in November.

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 CGD05-05-104 and are available for inspection or 
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia

[[Page 61035]]

23704-5004, between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis M. Sens, Project Manager, 
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 1, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Spa 
Creek, Annapolis, MD'' in the Federal Register (70 FR 52054). We 
received no letters commenting on the proposed rule. The Coast Guard 
did receive telephonic comments from the Annapolis Harbormaster. No 
public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying its effective date would 
be contrary to public interest, since immediate action is needed to 
protect event participations, spectator craft and other vessels 
transiting the event area. However advance notifications will be made 
to affected waterway users via marine information broadcasts, local 
radio stations and area newspapers.

Background and Purpose

    On October 29, 2005, the City of Annapolis will sponsor the ``Tug-
of-War'', across the waters of Spa Creek between Eastport and 
Annapolis, Maryland. The event will consist of a tug of war between 
teams on the Eastport side of Spa Creek pulling against teams on the 
Annapolis side of Spa Creek. The opposing teams will pull a floating 
rope approximately 1700 feet in length, spanning Spa Creek. A fleet of 
spectator vessels is anticipated to gather nearby to view the 
competition. Due to the need for vessel control while the rope is 
spanned across Spa Creek, vessel traffic will be temporarily restricted 
to provide for the safety of participants, spectators and transiting 
vessels.

Discussion of Comments and Changes

    One comment was received in response to the notice of proposed 
rulemaking (NPRM) published in the Federal Register.
    The Coast Guard received comment from the Annapolis, MD 
Harbormaster that recommended a change in the times of the event 
scheduled for October 29, 2005 than previously announced in the notice 
of proposed rulemaking (NPRM) that was published on September 1, 2005. 
This final rule will change the time of the special local regulations. 
For 2005 only, this special local regulation will be enforced from 9:30 
a.m. until 12 p.m. on October 29, 2005.
    The Coast Guard has modified the time of the event to accommodate 
local waterway users. Accordingly, the Coast Guard is establishing 
permanent special local regulations on specified waters of Spa Creek. 
The regulated area will include a 400 foot buffer on either side of the 
rope that spans Spa Creek from shoreline to shoreline.
    This rule will be enforced annually from 10:30 a.m. to 2:30 p.m. on 
the first Saturday in November and will restrict general navigation in 
the regulated area during the event. Except for participants and 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel shall enter or remain in the regulated area. The Coast Guard 
Patrol Commander may stop the event to allow vessels to transit the 
regulated area.
    For 2005 only, the enforcement period of the regulation will be 
changed from the first Saturday in November to the last Saturday in 
October.

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 permanent rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a segment 
of Spa Creek during the event, the impact 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 marine information broadcasts, local 
radio stations and area newspapers so mariners can adjust their plans 
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 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 
may be small entities: The owners or operators of vessels intending to 
transit this section of Spa Creek 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 a short period, from 9:30 a.m. to 12 
p.m. on October 29, 2005, and annually thereafter from 10:30 a.m. to 
2:30 p.m. on the first Saturday in November. Although the regulated 
area will apply to the entire width of Spa Creek, traffic may be 
allowed to pass through the regulated area with the permission of the 
Coast Guard Patrol Commander. 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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.
    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

[[Page 61036]]

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 does not create an 
environmental risk to health or risk to safety that may 
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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 event permit are specifically 
excluded from further analysis and documentation under those sections. 
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.  100.534 to read as follows:


Sec.  100.534,  Tug-of-War; Spa Creek, Annapolis, Maryland.

    (a) Regulated area. A regulated area is established for the waters 
of Spa Creek from shoreline to shoreline, extending 400 feet from 
either side of a rope spanning Spa Creek from a position at latitude 
38[deg]58[min]36.9[sec] N, longitude 076[deg]29[min]03.8[sec] W on the 
Annapolis shoreline to a position at latitude 38[deg]58[min]26.4[sec] 
N, longitude 076[deg]28[min]53.7[sec] W on the Eastport shoreline. All 
coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all vessels participating in the ``Tug of 
War'' under the auspices of the Marine Event Permit issued to the event 
sponsor and approved by Commander, Coast Guard Sector Baltimore.
    (c) Special Local Regulations: (1) No person or vessel may enter or 
remain in the regulated area unless participating in the event or 
authorized by the Patrol Commander. The Patrol Commander may 
intermittently authorize general navigation to pass through the 
regulated area. Notice of these opportunities will be given via marine 
safety radio broadcast on VHF-FM marine band radio, channel 16 (156.8 
MHz) and channel 22 (157.1 MHz).
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.

[[Page 61037]]

    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course.
    (d) Enforcement period. This section will be enforced annually from 
10:30 a.m. to 2:30 p.m. on the first Saturday in November. In 2005 the 
section will be enforced from 9:30 a.m. to 12 p.m. on October 29, 
instead of the first Saturday in November.

    Dated: October 11, 2005.
S. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 05-21018 Filed 10-19-05; 8:45 am]
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