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[Federal Register: June 24, 2008 (Volume 73, Number =
122)]
[Rules and Regulations]              =20
[Page 35588-35590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn08-7]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0315]
RIN 1625-AA11

=20
Regulated Navigation Area; Chesapeake and Delaware Canal,=20
Chesapeake City Anchorage Basin, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary regulated=20
navigation area (RNA) in certain waters of the Chesapeake and Delaware=20
(C & D) Canal, within the anchorage basin at Chesapeake City, =
Maryland,=20
on June 28, 2008. This RNA is necessary to provide for the safety of=20
life, property and the environment. This RNA restricts the movement of=20
vessels throughout the anchorage basin during the Town of Chesapeake=20
City's Canal Day 2008 event.

DATES: This rule is effective from 8 a.m. on June 24, 2008 through 12=20
p.m. on June 29, 2008.

ADDRESSES: Documents indicated in this preamble as being available in=20
the docket are part of docket USCG-2008-0315 and are available online=20
at http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov. This material is also =
available for=20
inspection or copying at two locations: The Docket Management Facility=20
(M-30), U.S. Department of Transportation, West Building Ground Floor,=20
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,=20
between 9 a.m. and 5 p.m., Monday through Friday, except Federal=20
holidays and U. S. Coast Guard Sector Baltimore, 2401 Hawkins Point=20
Road, Building 70, Waterways Management Division, Baltimore, Maryland=20
21226-1791 between 9 a.m. and 5 p.m., Monday through Friday, except=20
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have any questions on this=20
temporary rule, call Mr. Ronald L. Houck, at Coast Guard Sector=20
Baltimore, Waterways Management Division, at telephone number (410)=20
576-2674 or (410) 576-2693. If you have questions on viewing the=20
docket, call Renee V. Wright, Program Manager, Docket Operations,=20
telephone number (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior=20
notice and opportunity to comment pursuant to authority under section=20
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This=20
provision authorizes an agency to issue a rule without prior notice and=20
opportunity to comment when the agency for good cause finds that those=20
procedures are ``impracticable, unnecessary, or contrary to the public=20
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good=20
cause exists for not publishing a notice of proposed rulemaking (NPRM)=20
with respect to this rule because any delay encountered in this=20
regulation's effective date by publishing a NPRM would be contrary to=20
public interest since immediate action is needed to prevent vessel=20
traffic from transiting the specified waters to provide for the safety=20
of life and property on navigable waters. Additionally, the RNA should=20
have minimal impact on vessel transits due to the fact that vessels can=20
safely transit through the RNA when authorized by the Captain of the=20
Port or his Representative and that they are not precluded from using=20
any portion of the waterway except the RNA itself.
    For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast=20
Guard finds that good cause exists for making this rule effective less=20
than 30 days after publication in the Federal Register.

Background and Purpose

    On the last Saturday in June, thousands of people attend the Town=20
of Chesapeake City's Canal Day outdoor waterfront festival, located=20
adjacent to the C & D Canal anchorage basin at Chesapeake City,=20
Maryland. The event began in 1975 as an arts festival to raise funds=20
for local organizations. Due to the growing presence of visiting=20
boaters in recent years, the event has become increasingly congested.=20
The last Canal Day on June 30, 2007 brought an estimated 400 boats and=20
10,000 visitors to Chesapeake City, a town with a population of 800. An=20
estimated 325 recreational boats were anchored or moored alongside=20
other boats (rafted). These boats accounted for approximately 600=20
visitors. Persons on recreational vessels or other water craft began=20
arriving on the Wednesday before the festival, and by that evening,=20
large lines of rafted boats filled the anchorage basin, the size of=20
which is approximately 420 yards in length and 170 yards in width. By=20
Thursday afternoon, two days before Canal Day, the gathering of persons=20
and vessels exceeded a safe limit. On a typical weekend, ten to fifteen=20
boats anchor in the basin. Accidental drownings, personal injuries,=20
boat fires, boat capsizings and sinkings, and boating

[[Page 35589]]

collisions all are a safety concern during such overcrowded events.=20
Access on the water for emergency response is critical. The Coast Guard=20
has the authority to impose appropriate controls on activities that may=20
pose a threat to persons, vessels and facilities under its=20
jurisdiction. The Coast Guard is establishing a temporary RNA that will=20
be enforced during a waterfront festival held in the C & D Canal,=20
within the anchorage basin at Chesapeake City, Maryland. This rule is=20
needed to control movement within a waterway that is expected to be=20
populated by persons and vessels seeking to attend the Canal Day 2008=20
festival.

Discussion of Rule

    On June 28, 2008, the Town of Chesapeake City, Maryland will=20
sponsor an outdoor festival located adjacent to the C & D Canal=20
anchorage basin, at Chesapeake City, Maryland. The planned event is a=20
one-day waterfront festival, held during daytime and nighttime hours.=20
The Coast Guard anticipates a large recreational boating fleet during=20
this event. Due to the need for vessel control before, during and after=20
the scheduled event, vessel traffic will be restricted to provide for=20
the safety of persons and vessels within the anchorage basin and=20
transiting vessels within the C & D Canal.
    The purpose of this rule is to promote maritime safety, and to=20
protect the environment and mariners transiting the area from the=20
potential hazards associated with a large gathering of recreational=20
vessels and other watercraft in a confined area with swimmers and=20
others present. This rule proposes to establish a temporary RNA within=20
the C & D Canal anchorage basin, located at Chesapeake City, =
Maryland.=20
The rule will impact the movement of all persons and vessels in the C =
&=20
D Canal anchorage basin, and will limit the density of vessels and=20
other watercraft operating, remaining or anchoring within the C & D=20
Canal anchorage basin at the discretion of the Captain of the Port,=20
Baltimore, Maryland, to ensure an open water route remains accessible=20
to law enforcement and emergency personnel during the effective period.=20
Public vessels, and vessels and other watercraft moored to piers or=20
docks located within the anchorage basin, will not contribute to the=20
density determination. Interference with normal port operations is=20
unlikely; however, if required, interference with normal port=20
operations will be kept to the minimum considered necessary to ensure=20
the safety of life on the navigable waters immediately before, during,=20
and after the scheduled event.

Regulatory Analyses

    We developed this rule after considering numerous statutes and=20
executive orders related to rulemaking. Below we summarize our analyses=20
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)=20
of Executive Order 12866, Regulatory Planning and Review, and does not=20
require an assessment of potential costs and benefits under section=20
6(a)(3) of that Order. The Office of Management and Budget has not=20
reviewed it under that Order.
    Though the RNA will be in effect for four days, commercial traffic=20
in the C & D Canal anchorage basin is limited, and vessels =
transiting=20
the C & D Canal may proceed safely around the Regulated Navigation=20
Area. Additionally, the Coast Guard will make notifications via=20
maritime advisories so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have=20
considered whether this rule would have a significant economic impact=20
on a substantial number of small entities. The term ``small entities''=20
comprises small businesses, not-for-profit organizations that are=20
independently owned and operated and are not dominant in their fields,=20
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=20
not have a significant economic impact on a substantial number of small=20
entities.
    This rule will affect the following entities, some of which may be=20
small entities: The owners or operators of vessels intending to=20
operate, remain or anchor within the C & D Canal anchorage basin, in =

Chesapeake City, Maryland, from 8 a.m. on June 24, 2008 through 12 p.m.=20
on June 29, 2008. This temporary RNA will not have a significant=20
economic impact on a substantial number of small entities for the=20
following reasons. Though this rule will be in effect for four days,=20
commercial vessel traffic in this area is limited. Although the RNA=20
applies to the entire anchorage basin, traffic would be allowed to pass=20
within the RNA with the permission of the Coast Guard Captain of the=20
Port Baltimore, Maryland. Vessels transiting the C & D Canal may=20
proceed safely around the RNA. Also, the Coast Guard will issue=20
maritime advisories widely available to users of the waterway before=20
the effective period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement=20
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small=20
entities in understanding the rule so that they can better evaluate its=20
effects on them and participate in the rulemaking process. Small=20
businesses may send comments on the actions of the Federal employees=20
who enforce, or otherwise determine compliance with, Federal=20
regulations to the Small Business and Agriculture Regulatory=20
Enforcement Ombudsman and the Regional Small Business Regulatory=20
Fairness Boards. The Ombudsman evaluates these actions annually and=20
rates each agency's responsiveness to small business. If you wish to=20
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR=20
(1-888-734-3247). The Coast Guard will not retaliate against small=20
entities that question or complain about this rule or any policy or=20
action of the Coast Guard.

Collection of Information

    This rule would call for no new collection of information under the=20
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,=20
Federalism, if it has a substantial direct effect on State or local=20
governments and would either preempt State law or impose a substantial=20
direct cost of compliance on them. We have analyzed this rule under=20
that Order and have determined that it does not have implications for=20
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)=20
requires Federal agencies to assess the effects of their discretionary=20
regulatory actions. In particular, the Act addresses actions that may=20
result in the expenditure by a State, local, or tribal government, in=20
the aggregate, or by the private sector of $100,000,000 or more in any=20
one year. Though this rule will not result in such an expenditure, we=20
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=20
have taking implications under Executive Order 12630, Governmental=20
Actions and

[[Page 35590]]

Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)=20
of Executive Order 12988, Civil Justice Reform, to minimize litigation,=20
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection=20
of Children from Environmental Health Risks and Safety Risks. This rule=20
is not an economically significant rule and does not create an=20
environmental risk to health or risk to safety that may=20
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order=20
13175, Consultation and Coordination with Indian Tribal Governments,=20
because it does not have a substantial direct effect on one or more=20
Indian tribes, on the relationship between the Federal Government and=20
Indian tribes, or on the distribution of power and responsibilities=20
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions=20
Concerning Regulations That Significantly Affect Energy Supply,=20
Distribution, or Use. We have determined that it is not a ``significant=20
energy action'' under that order because it is not a ``significant=20
regulatory action'' under Executive Order 12866 and is not likely to=20
have a significant adverse effect on the supply, distribution, or use=20
of energy. The Administrator of the Office of Information and=20
Regulatory Affairs has not designated it as a significant energy=20
action. Therefore, it does not require a Statement of Energy Effects=20
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15=20
U.S.C. 272 note) directs agencies to use voluntary consensus standards=20
in their regulatory activities unless the agency provides Congress,=20
through the Office of Management and Budget, with an explanation of why=20
using these standards would be inconsistent with applicable law or=20
otherwise impractical. Voluntary consensus standards are technical=20
standards (e.g., specifications of materials, performance, design, or=20
operation; test methods; sampling procedures; and related management=20
systems practices) that are developed or adopted by voluntary consensus=20
standards bodies.
    This rule does not use technical standards. Therefore, we did not=20
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD=20
and Department of Homeland Security Management Directive 5100.1, which=20
guide the Coast Guard in complying with the National Environmental=20
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,=20
under the Instruction, that there are no factors in this case that=20
would limit the use of a categorical exclusion under section 2.B.2 of=20
the Instruction. Therefore, this rule is categorically excluded, under=20
figure 2-1, paragraph (34)(g) of the Instruction, from further=20
environmental documentation. A final ``Environmental Analysis Check=20
List'' supporting this determination will be available in the docket=20
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and=20
recordkeeping requirements, Security measures, and Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33=20
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50=20
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.=20
107-295, 116 Stat. 2064; Department of Homeland Security Delegation=20
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0315 to read as follows:


Sec.  165.T05-0315  Regulated Navigation Area; Chesapeake and Delaware=20
Canal, Chesapeake City Anchorage Basin, MD.

    (a) Location. The following area is a regulated navigation area:=20
All waters of the Chesapeake and Delaware (C & D) Canal, surface to=20
bottom, within the anchorage basin at Chesapeake City, Maryland.
    (b) Definition. The Captain of the Port Baltimore Maryland means=20
the Commander, Coast Guard Sector Baltimore or any Coast Guard=20
commissioned, warrant or petty officer who has been authorized by the=20
Captain of the Port to act on his behalf.
    (c) Regulations. The general regulations governing regulated=20
navigation areas, found in Sec. 165.13, apply to the regulated=20
navigation area described in paragraph (a) of this section.
    (1) Vessels and other watercraft operating, remaining or anchoring=20
within the regulated navigation area are limited, at the discretion of=20
the Captain of the Port, Baltimore Maryland, to a vessel density that=20
ensures an open water route remains accessible to law enforcement and=20
emergency personnel. Public vessels, and vessels and other watercraft=20
moored directly alongside piers or docks located within the regulated=20
navigation area, will be excluded from consideration in the density=20
assessment.
    (2) All vessels and persons are prohibited from entering this=20
regulated navigation area, except as authorized by the Captain of the=20
Port Baltimore, Maryland.
    (3) Persons or vessels requiring entry into or passage within the=20
regulated navigation area must request authorization from the Captain=20
of the Port, Baltimore Maryland by telephone at (410) 576-2693 or by=20
marine band radio on VHF-FM Channel 16 (156.8 MHz) on the day of this=20
event, June 28, 2008.
    (4) All Coast Guard vessels enforcing this regulated navigation=20
area can be contacted on marine band radio VHF-FM Channel 16 (156.8=20
MHz).
    (5) The operator of any vessel located within or in the immediate=20
vicinity of this regulated navigation area shall:
    (i) Stop the vessel immediately upon being directed to do so by any=20
commissioned, warrant or petty officer on board a vessel displaying a=20
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty=20
officer on board a vessel displaying a Coast Guard Ensign.
    (d) Enforcement Period: This section will be effective from 8 a.m.=20
on June 24, 2008 through 12 p.m. on June 29, 2008.

    Dated: June 19, 2008.
Fred M. Rosa Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-14387 Filed 6-23-08; 8:45 am]

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