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[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30296-30299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12976]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0113]
RIN 1625-AA08

Special Local Regulation for Marine Event; Maryland Swim for 
Life, Chester River, Chestertown, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
of special local regulations for a recurring marine event involving a 
swimming competition. This action is intended to restrict vessel 
traffic in a portion of the Chester River, near Chestertown, MD during 
the Maryland Swim for Life. Special local regulations are necessary to 
provide for the safety of life on navigable waters during the event.

DATES: This rule is effective from 5:30 a.m. to 2:30 p.m. on July 10, 
2010.

[[Page 30297]]

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0113 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0113 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Mr. Ronald L. Houck, Project Manager, 
Coast Guard Sector Baltimore Waterways Management Division, telephone 
410-576-2674, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 5, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulation for Marine Event; Temporary 
Change of Dates for Recurring Marine Event in the Fifth Coast Guard 
District'' in the Federal Register (75 FR 17103). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Basis and Purpose

    This regulation temporarily changes the enforcement period of 
special local regulations for a recurring marine event in 33 CFR 
100.501 and 33 CFR Table to Sec.  100.501, line No. 21. On July 10, 
2010, the District of Columbia Aquatics Club will sponsor the 
``Maryland Swim for Life'' on the waters of the Chester River near 
Chestertown, MD. The event is an open water swimming competition held 
on the waters of the Chester River, near Chestertown, Maryland. 
Approximately 150 swimmers will start from Rolph's Wharf and swim up-
river 2.5 miles then swim down-river returning back to Rolph's Wharf. A 
large fleet of support vessels accompany the swimmers.
    The regulation at 33 CFR 100.501 and 33 CFR Table to 100.501 is 
effective annually for this marine event on either the third Saturday 
of June or the third Saturday of July, which is June 19th and July 
17th, respectively, this year. Because the date of the event this year 
differs from the effective date in the CFR, this rule temporarily 
changes the effective date in the existing regulation. The regulation 
in the CFR will be enforced for the duration of the event this year on 
July 10th instead of June 19th or July 17th.
    To ensure the safety of participants, spectators, support and 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the regulated area during the competition. Under provisions 
of 33 CFR 100.501, from 5:30 a.m. to 2:30 p.m. on July 10, 2010, 
vessels may not enter the regulated area unless they receive permission 
from the Coast Guard Patrol Commander. Vessel traffic may be allowed to 
transit the regulated area only when the Patrol Commander determines it 
is safe to do so.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

Regulatory Analyses

    We developed this 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 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.
    Although this rule prevents traffic from transiting a portion of 
certain waterways during specified events, the effect of this 
regulation will not be significant due to the limited duration 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. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases 
vessel traffic may be able to transit the regulated area when the Coast 
Guard Patrol Commander deems it is safe to do so.

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 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the area where the marine event is being held. 
This regulation will not have a significant impact on a substantial 
number of small entities because it will be enforced only during marine 
events that have been permitted by the Coast Guard Captain of the Port. 
The Captain of the Port will ensure that small entities are able to 
operate in the areas where events are occurring when it is safe to do 
so. In some cases, vessels will be able to safely transit around the 
regulated area at various times, and, with the permission of the Patrol 
Commander, vessels may transit through the regulated area. Before the 
enforcement period, the Coast Guard 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), in the NPRM 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.
    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). 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.

[[Page 30298]]

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 (adjusted for 
inflation) 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 cause 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 Department of Homeland Security 
Management Directive 023-01 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves implementation of regulations 
within 33 CFR Part 100 applicable to organized marine events on the 
navigable waters of the United States that could negatively impact the 
safety of waterway users and shore side activities in the event area. 
The category of water activities includes but is not limited to sail 
boat regattas, boat parades, power boat racing, swimming events, crew 
racing, canoe and sail board racing. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

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.

0
2. Effective from 5:30 a.m. to 2:30 p.m. on July 10, 2010, in Sec.  
100.501, Table to Sec.  100.501, suspend line No. 21 and add Line No. 
60 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *
    Table To Sec.  100.501. All coordinates listed in the Table to 
Sec.  100.501 reference Datum NAD 1983.

[[Page 30299]]

                                   Coast Guard Sector Delaware Bay--COTP Zone
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      No.                    Date                    Event               Sponsor                Location
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                                                  * * * * * * *
60.............  July 10, 2010..............  Maryland Swim for    District of          The waters of the
                                               Life.                Columbia Aquatics    Chester River from
                                                                    Club.                shoreline to shoreline,
                                                                                         bounded on the south by
                                                                                         a line drawn at
                                                                                         latitude 39[deg]10'16''
                                                                                         N, near the Chester
                                                                                         River Channel Buoy 35
                                                                                         (LLN-26795) and bounded
                                                                                         on the north at
                                                                                         latitude 39[deg]12'30''
                                                                                         N by the Maryland S.R.
                                                                                         213 Highway Bridge.
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    Dated: May 18 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, MD
[FR Doc. 2010-12976 Filed 5-28-10; 8:45 am]
BILLING CODE 9110-04-P
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