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Special Local Regulations for Marine Events; Susquehanna River, Port Deposit, MD
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Proposed Rules]
[Page 26287-26290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my06-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-042]
RIN 1625-AA08
Special Local Regulations for Marine Events; Susquehanna River,
Port Deposit, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent special local
regulations for ``Ragin' on the River'', a power boat race to be held
on the waters of the Susquehanna River adjacent to Port Deposit,
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 the Susquehanna
River adjacent to Port Deposit, Maryland during the power boat race.
DATES: Comments and related material must reach the Coast Guard on or
before June 5, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Inspection and
Investigation Branch, Fifth Coast Guard District, maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this
[[Page 26288]]
preamble as being available in the docket are part of docket (CGD05-06-
042), will become part of this docket and will be available for
inspection or copying at the above address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Inspection and Investigations Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-06-
042), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Annually, during Labor Day weekend, the Port Deposit Chamber of
Commerce sponsors the ``Ragin' on the River'' power boat race, on the
waters of the Susquehanna River. The event consists of approximately 60
inboard hydroplanes and runabouts racing in heats counter-clockwise
around an oval racecourse. A fleet of spectator vessels gather nearby
to view the competition. Due to the need for vessel control during the
event, vessel traffic will be temporarily restricted to provide for the
safety of participants, spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish this permanent rule on
specified waters of the Susquehanna River adjacent to Port Deposit,
Maryland. The regulated area includes a section of the Susquehanna
River approximately 3500 yards long, and bounded in width by each
shoreline. The regulated area is bounded on the south by the U.S. I-95
fixed highway bridge. The area is bounded on the north by a line
running southwesterly from a point along the shoreline at latitude
39[deg]36'22'' N, longitude 076[deg]07'08'' W, thence to latitude
39[deg]36'00'' N, longitude 076[deg]07'46'' W, the northern boundary
line runs from shoreline to shoreline and is located approximately 500
yards north of Port Deposit, Maryland. The permanent special local
regulations will be enforced annually from 11:30 a.m. to 6:30 p.m. on
Saturday and Sunday of Labor Day weekend, and will restrict general
navigation in the regulated area during the power boat race. In the
case of inclement weather this event may be held on Monday, Labor Day.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area during the enforcement period.
Regulatory Evaluation
This proposed 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 proposed 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 portion
of the Susquehanna River adjacent to Port Deposit, Maryland 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 marine information broadcasts, area newspapers and radio
stations 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule will effect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit or anchor in this portion of the Susquehanna River
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, annually from 11:30
a.m. to 6:30 p.m. on Saturday and Sunday of Labor Day weekend. Although
the regulated area will apply to the entire width of the river, traffic
may be allowed to pass through the regulated area with the permission
of the Coast Guard Patrol Commander. In the case where the Patrol
Commander authorizes passage through the regulated area during the
event, vessels shall proceed at the minimum speed necessary to maintain
a safe course that reduces wake near the race course. Before the
enforcement period, we will issue maritime advisories so mariners can
adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed 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 Dennis Sens, Project Manager,
Inspections and Investigations Branch, at (757) 398-6204. 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 proposed rule would call for no new collection of information
under the
[[Page 26289]]
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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination 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, we believe that this rule should
be 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 Check List'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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 proposes
to amend 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 Sec. 100.535 to read as follows:
Sec. 100.535 Susquehanna River, Port Deposit, Maryland.
(a) Regulated area. A regulated area is established for the waters
of the Susquehanna River, adjacent to Port Deposit, Maryland, from
shoreline to shoreline, bounded on the south by the U.S. I-95 fixed
highway bridge, and bounded on the north by a line running
southwesterly from a point along the shoreline at latitude
39[deg]36'22'' N, longitude 076[deg]07'08'' W, thence to latitude
39[deg]36'00'' N, longitude 076[deg]07'46'' W. 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 ``Ragin' on
the River'' power boat race 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) 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 must:
(i) Stop the vessel immediately when directed to do so by any
official patrol.
(ii) Proceed as directed by any official patrol.
(iii) All persons and vessels must comply with the instructions of
the Official Patrol. The operator of a vessel
[[Page 26290]]
in the regulated area shall stop the vessel immediately when instructed
to do so by the Official Patrol and then proceed as directed. When
authorized to transit the regulated area, all vessels shall proceed at
a minimum safe speed necessary to maintain a safe course that minimizes
wake near the race course.
(d) Enforcement. This section will be enforced from annually 11:30
a.m. to 6:30 p.m. on Saturday and Sunday of Labor Day weekend. If the
races are postponed due to weather, then the special local regulations
will be enforced during the same time period on Monday, Labor Day. A
notice of enforcement of this section will be published annually in the
Federal Register and disseminated through the Fifth District Local
Notice to Mariners and marine safety radio broadcasts.
Dated: April 21, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-6732 Filed 5-3-06; 8:45 am]
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