[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Rules and Regulations]
[Pages 54947-54950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22429]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0761]
RIN 1625-AA08


Special Local Regulations for Marine Events; St. Leonard Creek, 
Patuxent River, Calvert County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``War of 1812 North American Grand Tactical'', a marine 
event to be held September 21, 2008 on the waters of St. Leonard Creek 
and Patuxent River, Calvert County, MD. These special local regulations 
are necessary to provide for the safety of life on navigable waters 
during the event. This action is intended to temporarily

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restrict vessel traffic in a portion of St. Leonard Creek and the 
Patuxent River during the event.

DATES: This rule is effective from 7 a.m. to 3:30 p.m. on September 21, 
2008.

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-2008-0761 and are available online at 
www.regulations.gov. This material is also available for inspection or 
copying at two locations: 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 and the Fifth 
Coast Guard District, Prevention Division, Room 416, 431 Crawford 
Street, Portsmouth, VA 23704 between 10 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard 
District, Inspections and Investigations Branch, at (757) 398-6204. 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 August 7, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; St. 
Leonard Creek, Patuxent River, Calvert County, MD in the Federal 
Register (73 FR 45919). We received no letters commenting on the 
proposed rule. 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. The Coast Guard received notice of 
the event on July 18, 2008. The NPRM published on August 7, 2008, and 
the comment period expired on September 8, 2008. Delaying the effective 
date would be contrary to the public interest, since immediate action 
is needed to ensure the safety of the event participants, support 
vessels, spectator craft and other vessels transiting the event area. 
However advance notifications will be made to users of the Patuxent 
River and St. Leonard Creek via marine information broadcast, local 
notice to mariners, commercial radio stations and area newspapers.

Background and Purpose

    On September 21, 2008, the Jefferson Patterson Park and Museum will 
sponsor ``War of 1812 North American Grand Tactical'' on the waters of 
St. Leonard Creek and the Patuxent River, Calvert County, MD. The event 
will consist of four tall ships and several small boats that will re-
enact sea battles in Maryland during the War of 1812. The regulated 
area originates along the northern shore of St. Leonard Creek, thence 
west to Petersons Point thence northwest along the shoreline of the 
Patuxent River adjacent to Jefferson Patterson Park and Museum and 
extends outward over the water within an approximately 500 yard arc. 
Due to the need for vessel control during the event, the Coast Guard 
will temporarily restrict vessel traffic in the event area to provide 
for the safety of participants, spectators and other transiting 
vessels.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Patuxent River, and St. Leonard 
Creek, Calvert County, MD.

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 regulation will prevent traffic from transiting a 
portion of St. Leonard Creek and Patuxent River during the event, the 
effect 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 
the Local Notice to Mariners, marine information broadcasts, and area 
newspapers, so mariners can adjust their plans accordingly. 
Additionally, the regulated area has been narrowly tailored to impose 
the least impact on general navigation yet provide the level of safety 
deemed necessary. Vessel traffic may be able to transit the regulated 
area at slow speed when event activity is halted, 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 would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the effected portion of St. Leonard Creek and 
Patuxent River during the event.
    Although this regulation prevents traffic from transiting a small 
segment of St. Leonard Creek and the Patuxent River during the event, 
this rule would not have a significant economic impact on a substantial 
number of small entities for the following reasons. This rule would be 
in effect for only a limited period. Vessel traffic may be able to 
transit the regulated area when event activity is halted, when the 
Coast Guard Patrol Commander deems it is safe to do so. 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), 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

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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.

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 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 Department of Homeland Security 
Management Directive 5100.1 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 concluded 
under the Instruction 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.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist 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--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35-T05-0761 to read as follows:


Sec.  100.35-T05-0761  St. Leonard Creek, Patuxent River, Calvert 
County, MD.

    (a) Definitions: The following definitions apply to this section: 
(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 to act on his behalf.
    (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 includes all vessels participating in the War of 
1812 Grand Tactical re-enactment under the auspices of a Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Baltimore.
    (b) Regulated area includes the waters of the Patuxent River and 
St. Leonard Creek, Calvert County, MD, within the general vicinity of 
Petersons Point. The area is bounded on the east by a line drawn along 
longitude 076[deg]30[min]00[sec] West, bounded on the south by a line 
drawn along latitude 38[deg]23[min]00[sec] North, bounded on the west 
by a line drawn along longitude 076[deg]31[min]20[sec] West and bounded 
on the north by the Patuxent River shoreline. All coordinates reference 
Datum NAD 1983.
    (c) Special local regulations: (1) Except for event participants 
and persons or vessels authorized by the Coast Guard Patrol Commander, 
no person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall: (i) 
Stop the vessel immediately when directed to do so by any Official 
Patrol.

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    (ii) Proceed as directed by any Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the event area.
    (d) Effective period. This section will be enforced from 7 a.m. to 
3:30 p.m. on September 21, 2008.

    Dated: September 15, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-22429 Filed 9-23-08; 8:45 am]
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