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Special Local Regulations for Marine Events; Patuxent River, Solomons, Maryland
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 2, 2001 (Volume 66, Number 127)]
[Rules and Regulations]
[Page 34826-34828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy01-16]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD05-01-029]
RIN 2115-AE46
Special Local Regulations for Marine Events; Patuxent River,
Solomons, Maryland
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is adopting temporary special local
regulations for the Patuxent River 4th of July Fireworks Festival, an
event to be held over the waters of the lower Patuxent River near
Solomons, Maryland. These special
[[Page 34827]]
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 the lower Patuxent River during the
fireworks display.
DATES: This rule is effective from 8:30 p.m. to 10 p.m. eastern time on
July 4, 2001.
ADDRESSES: You may mail comments and related material to Commander
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, or deliver them to the same address between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays. Comments
and materials received from the public as well as documents indicated
in this preamble as being available in the docket, are part of docket
CGD05-01-029 and are available for inspection or copying at Commander
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, between 9 a.m. and 2 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager,
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, telephone number (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
A notice of proposed rulemaking (NPRM) was not published for this
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast
Guard finds that good cause exists for not publishing a NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. The Coast Guard received the request for special
local regulations on May 10, 2001. We were notified of the need for
special local regulations with insufficient time to publish a NPRM,
allow for comments, and publish a final rule prior to the event on July
4, 2001.
Background and Purpose
On July 4, 2001, the Solomons Business Association will sponsor a
fireworks display above a portion of the lower Patuxent River, at
Solomons, Maryland. The pyrotechnics will be launched from a barge
anchored in the lower Patuxent River. A fleet of spectator vessels is
expected to gather near the event site to view the aerial display. To
provide for the safety of spectators and other transiting vessels, the
Coast Guard will temporarily restrict vessel traffic in the event area
during the fireworks display.
Discussion of Regulations
The Coast Guard is establishing temporary special local regulations
on specified waters of the lower Patuxent River. The regulated area is
a 200-yard radius around the fireworks barge. The temporary special
local regulations will be in effect from 8:30 p.m. to 10 p.m. eastern
time on July 4, 2001. The effect will be to restrict general navigation
in the regulated area during the event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. The Patrol Commander will notify
the public of specific enforcement times by Marine Radio Safety
Broadcast. These regulations are needed to control vessel traffic
during the event to enhance the safety of spectators and transiting
vessels.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040; February 26,
1979).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the lower 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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
or anchor in the effected portions of the lower Patuxent River during
the event.
Although this regulation prevents traffic from transiting a portion
of the lower Patuxent River during the event, the effect of this
regulation will not be significant because of 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.
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 temporary 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 the address listed under
ADDRESSES.
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 Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
[[Page 34828]]
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This rule will not impose an unfunded mandate.
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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34)(h), of Commandant Instruction
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade are specifically excluded
from further analysis and documentation under that section. A
``Categorical Exclusion Determination'' is 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 100 as follows:
PART 100--MARINE EVENTS
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. A temporary Sec. 100.35-T05-029 is added to read as follows:
Sec. 100.35-T05-029 Patuxent River, Solomons, Maryland.
(a) Regulated area. All waters of the lower Patuxent River,
enclosed within the arc of a circle 400-yards in diameter with the
center at latitude 38 deg.19'04.4" N, longitude 076 deg.27'42.5" W. All
coordinates reference Datum NAD 1983.
(b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Activities Baltimore.
(c) Official Patrol. The Official Patrol is any commissioned,
warrant, or petty officer of the Coast Guard on board a vessel
displaying a Coast Guard ensign.
(d) Special local regulations.
(1) Except for 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.
(ii) Proceed as directed by any official patrol.
(e) Effective dates. This section is effective from 8:30 p.m. to 10
p.m. eastern time on July 4, 2001.
Dated: 21 June 2001.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-16580 Filed 6-29-01; 8:45 am]
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