[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Rules and Regulations]
[Page 18290-18293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-1268]
RIN 1625-AA08
Special Local Regulation; Volvo Ocean Race 2009, Nahant, Boston
Harbor, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation
during the Volvo Ocean Race 2009 In-Port Race to be held on Broad
Sound, off Nahant, Massachusetts, on May 9, 2009. This special local
regulation is necessary to provide for the safety of life on navigable
waters during the event. This proposed action is intended to restrict
vessel traffic before, during and after the race.
DATES: This rule is effective from 10:30 a.m. through 4 p.m. on May 09,
2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-
[[Page 18291]]
1268 and are available online by going to http://www.regulations.gov,
selecting the Advanced Docket Search option on the right side of the
screen, inserting USCG-2008-1268 in the Docket ID box, pressing Enter,
and then clicking on the item in the Docket ID column. They are also
available for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Chief Eldridge McFadden, Sector Boston,
Waterways Management, telephone 617-223-5160, e-mail
Eldridge.C.Mcfadden@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule.
Concerns raised by the Stellwagen Banks National Marine Sanctuary,
a division of NOAA, prompted the race sponsors to reevaluate certain
details of the race, including its course. Certain details, including
the course for the race, were eventually changed due to these concerns.
The lack of certainty until the recent finalization of all race details
delayed the creation of the rulemaking for this event, which made it
impracticable to create a Notice of Proposed Rulemaking.
For the same reasons, 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.
Background and Purpose
The Volvo Ocean Race, formerly the Whitbread Round the World Race,
is a yacht race around the world, held every three years. The current
race started in Alicante, Spain on October 11, 2008, and has been
traveling internationally from port to port. In addition to a timed
race between ports, some of the ports host an In-Port Race for points.
This special local regulation addresses the In-Port Race which is to
take place within the area of responsibility of the Captain of the Port
Boston. Broad Sound is an area which is commonly used as a fishing
area. To ensure the unimpeded sailing of the races and to prevent
damage to equipment and danger to any potential fishermen or sailors in
this area, a special local regulation is necessary. On May 9, 2008, the
Volvo Ocean Race coordinators intend to hold an In-Port Race on the
waters of Broad Sound in Boston Harbor. The event will consist of up to
eight sailing yachts on a course within a 1-mile radius circular area.
A fleet of spectator vessels are expected to gather near the event site
to view the competition. To provide for the safety of participants,
spectators and other transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the event area during the race.
The event coordinators have been in contact with members of the local
communities affected including the harbormasters of Boston, Nahant and
Winthrop, Massachusetts as well as local fishermen, to request support
and inform them of the plans.
Discussion of Rule
This ruling proposes to create a Special Local Regulation
encompassing a two-mile wide sailing race area and associated spectator
area with a center point of 42[deg]23' N., 70[deg]55'45'' W., within
Broad Sound, Nahant, Massachusetts from 10:30 a.m. to 4 p.m. on May 9,
2009. The regulation will be in effect for only five and one half
hours, after which time the area will be opened to all vessel traffic.
The course of the race itself will be within the two-mile diameter area
and will be set up and marked with sailing buoys according to the winds
the day of the race. Except for participants and spectator vessels or
other vessels as authorized by the Coast Guard Patrol Commander, no
person or vessel will be allowed to enter or remain in the regulated
area during the enforcement period.
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.
This rule is not a significant regulatory action as it is a
temporary event which will be in effect only for a short period of
time. Although this regulation would prevent traffic from transiting a
portion of the Broad Sound during the event, the effect of this
regulation would not be significant due to the limited duration that
the regulated area would be in effect and the extensive advance
notification and outreach the Volvo Ocean Race coordinators have made
to the maritime community, as well as via broadcast and local notice to
mariners, 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 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 proposed rule would affect the following entities, some of
which might be small entities: Fishermen, and the owners or operators
of vessels intending to transit, fish or anchor in a portion of Broad
Sound, Massachusetts, from 10:30 a.m. to 4 p.m. on May 9, 2009.
This special local regulation 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 five and a half hours
and vessel traffic could pass around the regulated area. Before the
effective period, we will issue maritime advisories widely available to
users of the sound.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can
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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 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 0023.1 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves the creation of a
special local regulation for a marine event of limited duration. 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 proposes to
amend 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.
0
2. Add a temporary Sec. 100.35-T01-1268 to read as follows:
Sec. 100.35-T01-1268 Volvo Ocean Race 2009, Broad Sound, Nahant,
Massachusetts.
(a) Regulated area. A zone comprised of a circle two nautical miles
in diameter with the center point at position 42[deg]23'00'' N.,
070[deg]55'45'' W.
(b) Special Local Regulation. The regulated area is closed to all
transiting traffic except that traffic involved in, supporting or
viewing the Volvo Ocean Race.
(c) Effective dates. This regulation is effective from 10:30 a.m.
to 4 p.m. on May 9, 2009.
(d) Definitions. (1) Patrol vessel means any Coast Guard vessel
designated as Patrol Commander.
(2) The Coast Guard Patrol Commander is a commissioned, warrant,
petty officer of the Coast Guard who has been designated by Commander,
Coast Guard Sector Boston. The Patrol Commander is empowered to control
movement of vessels in the regulated area and adjoining waters during
the hours these regulations are in effect.
(3) A succession of sharp, short signals by whistle, siren, or horn
from vessels patrolling the area shall serve as
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a signal to stop. Vessels or persons signaled shall stop and shall
comply with the orders of the patrol vessels. Failure to due so may
result in the expulsion from the area, citation for failure to comply,
or both.
(4) Any spectator vessel may anchor outside the regulated area
specified in paragraph (a) of this section, but may not block a
navigable channel.
Dated: March 10, 2009.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-9165 Filed 4-21-09; 8:45 am]
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