[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Proposed Rules]
[Pages 26152-26155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11084]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0295]
RIN 1625-AA08
Special Local Regulation for Marine Events; Mattaponi River,
Wakema, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations during the Mattaponi Madness Drag Boat Event, a series of
power boat races to be held on the waters of the Mattaponi River, near
Wakema, Virginia. These special local regulations are necessary to
provide for the safety of life on navigable waters during the events.
This action is intended to restrict vessel traffic during the power
boat races in a segment of the Mattaponi River that flows along the
border of King William County and King and Queen County near Wakema,
Virginia.
DATES: Comments and related material must be received by the Coast
Guard on or before June 10, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0295 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT Tiffany Duffy, Chief Waterways Management Division,
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, e-mail
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0295), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert
[[Page 26153]]
``USCG-20100295'' in the ``Keyword'' box. Click ``Search'' then click
on the balloon shape in the ``Actions'' column. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-20100295'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LT Tiffany Duffy at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Background and Purpose
The Mattaponi Volunteer Rescue Squad will be sponsoring a series of
power boat racing events titled the ``Mattaponi Madness Drag Boat
Event.'' The power boat races will be held on the following dates:
August 28, 2010, and in the case of inclement weather, the event will
be rescheduled to August 29, 2010. The races will be held on the
Mattaponi River immediately adjacent to the Rainbow Acres Campground,
King and Queen County, Virginia. The power boat races will consist of
approximately 45 vessels conducting high speed straight line runs along
the river and parallel to the shoreline. A fleet of spectator vessels
is 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 power boat races.
Discussion of Proposed Rule
The Coast Guard proposes to establish special local regulations on
specified waters of the Mattaponi River, in the vicinity of Wakema,
Virginia. The regulated area includes all waters of Mattaponi River
immediately adjacent to Rainbow Acres Campground, King and Queen
County, Virginia. The regulated area includes a section of the
Mattaponi River approximately \3/4\-mile long and bounded in width by
each shoreline, bounded to the east by a line that runs parallel along
longitude 076[deg]52'43'' W, near the mouth of Mitchell Hill Creek, and
bounded to the west by a line that runs parallel along longitude
076[deg]53'41'' W just north of Wakema, Virginia. The effect of this
regulation would be to restrict general navigation in the regulated
area during the drag boat races. This special local regulation will be
enforced from 9 a.m. to 7 p.m. on August 28, 2010; and in the case of
inclement weather, this special local regulation will be enforced from
9 a.m. to 7 p.m. on August 29, 2010. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Non-participating vessels will
be allowed to transit the regulated area between races, when the Coast
Guard Patrol Commander determines it is safe to do so. This regulation
is needed to control vessel traffic during the event to enhance the
safety of participants, spectators and transiting vessels.
Regulatory Analyses
We developed this proposed 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 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. Although this regulation
will prevent traffic from transiting a portion of the Mattaponi River
during the events, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect and the advance notification that will be made to the
maritime community via marine information broadcast, local radio
stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, the regulated area has been designed to
impose the least impact on general navigation yet provide the level of
safety deemed necessary. Vessel traffic will be able to transit the
regulated area between heats and when the Coast Guard Patrol Commander
deems it is safe to do so.
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: owners or operators of vessels intending to
transit this section of the Mattaponi River from 9 a.m. to 7 p.m. on
August 28, 2010 and on August 29, 2010. This proposed rule would not
have a significant economic impact on a substantial number of small
entities for the following reasons. Although the regulated area will
apply to a \3/4\ mile segment of the Mattaponi River, traffic may be
allowed to pass through the regulated area with the permission of the
Coast Guard Patrol Commander between races. In the case where the
Patrol Commander authorizes passage through the regulated area during
the event, vessels shall proceed at the
[[Page 26154]]
minimum speed necessary to maintain a safe course that minimizes 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 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 see the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed 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 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 (adjusted for
inflation) 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 cause 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 Department of Homeland
Security Management Directive 023-01 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves implementation of regulations within 33 CFR Part 100 that
apply to organized marine events on the navigable waters of the United
States that may have potential for negative impact on the safety or
other interest of waterway users and shore side activities in the event
area. The category of water activities includes but is not limited to
sail boat regattas, boat parades, power boat racing, swimming events,
crew racing, and sail board racing. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
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.
2. Add temporary Sec. 100.35T05-0295 to read as follows:
[[Page 26155]]
Sec. 100.35T05-0295 Mattaponi River, Wakema, Virginia.
(a) Regulated Area. The regulated area includes all waters of
Mattaponi River immediately adjacent to Rainbow Acres Campground, King
and Queen County, Virginia. The regulated area includes a section of
the Mattaponi River approximately \3/4\-mile long and bounded in width
by each shoreline, bounded to the east by a line that runs parallel
along longitude 076[deg]52'43'' W, near the mouth of Mitchell Hill
Creek, and bounded to the west by a line that runs parallel along
longitude 076[deg]53'41'' W just north of Wakema, Virginia. 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 Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads with a commissioned,
warrant or petty officer on board and displaying a Coast Guard ensign.
(c) 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 an
Official Patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement Period: This regulation will be enforced from 9
a.m. to 7 p.m. on August 28, 2010. In the case of inclement weather,
this regulation will be enforced from 9 a.m. to 7 p.m. on August 29,
2010.
Dated: 24 April 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-11084 Filed 5-10-10; 8:45 am]
BILLING CODE 9110-04-P