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###### Department of Homeland Security

###### Coast Guard 

          - 33 CFR Part 100 
          - [CGD05-05-104] 
          - RIN 1625-AA08 

# AGENCY:

Coast Guard, DHS. 

# ACTION:

Final rule. 

# 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                               ( print 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                           ( print 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

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 

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 § 100.534 to read as follows: 

§ 100.534, 

                            (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°58′36.9″ N, longitude 076°29′03.8″ W on the Annapolis shoreline to a position at latitude 38°58′26.4″ N, longitude 076°28′53.7″ 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.                                   ( print 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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