[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Rules and Regulations]
[Page 58011-58013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-03-062]
RIN 1625-AA08
Special Local Regulations for Marine Events; Isle of Wight Bay,
Ocean City, MD.
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent special local
regulations for fireworks displays over the waters of Isle of Wight
Bay, Ocean City, Maryland. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the fireworks displays. This action is intended to restrict vessel
traffic in portions of Isle of Wight Bay during the events.
DATES: This rule is effective November 7, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-03-062 and are available for inspection or
copying at Commander (oax), 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,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
[[Page 58012]]
Regulatory Information
On July 8, 2003 we published a notice of proposed rulemaking (NPRM)
entitled ``Special Local Regulations for Marine Events; Isle of Wight
Bay, Ocean City, MD'' in the Federal Register (68 FR 40615). We
received no letters commenting on the proposed rule. No public hearing
was requested, and none was held.
Background and Purpose
Several times each year, O.C. Seacrets, Inc. sponsors fireworks
displays over the waters of Isle of Wight Bay, Ocean City, Maryland.
The fireworks are launched from two pontoon boats anchored near the
O.C. Seacrets Dock in the vicinity of 117 W. 49th Street, Ocean City,
Maryland. A small fleet of spectator vessels normally gathers nearby to
view the event. Due to the need for vessel control during the
fireworks, vessel traffic will be temporarily restricted to provide for
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, 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation will prevent traffic from transiting a
portion of Isle of Wight Bay 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
proposed regulated area has been narrowly tailored to impose the least
impact on general navigation yet provide the level of safety deemed
necessary. Vessel traffic will be able to transit Isle of Wight Bay by
navigating around the regulated area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 a portion of Isle of Wight Bay 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 4 days each year. Vessel traffic will
be able to pass safely around the regulated area. 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), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. We received no
requests for assistance, and none was provided.
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
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 would not create an
environmental risk to health or risk to safety that might
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
[[Page 58013]]
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.
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 concluded 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. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' 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-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; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 100.531 to read as follows:
Sec. 100.531 Isle of Wight Bay, Ocean City, MD.
(a) Definitions.
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 Group Eastern Shore.
Official Patrol. The Official Patrol is any vessel assigned or
approved by Commander, Coast Guard Group Eastern Shore with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
Regulated Area. The regulated area includes all waters of Isle of
Wight Bay enclosed by the arc of a circle 300 feet in diameter with the
center located at position 38[deg]22'30.0'' N latitude,
075[deg]04'18.0'' W longitude. All coordinates reference Datum NAD
1983.
(b) 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, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign.
(ii) Proceed as directed by any official patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(c) Enforcement period. This section will be enforced annually from
9:15 p.m. to 10:15 p.m. on Memorial Day, July 4th, August 6th, and
Labor Day. If the fireworks are delayed by inclement weather, the
special local regulations will be enforced from 9:15 p.m. to 10:15 p.m.
the next day
Dated: September 17, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-25414 Filed 10-7-03; 8:45 am]
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