[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Rules and Regulations]
[Pages 39161-39163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16587]
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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: Temporary final rule.
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SUMMARY: The Coast Guard will 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 on
the Mattaponi River immediately adjacent to the Rainbow Acres
Campground, located in King and Queen County, near Wakema, Virginia.
DATES: This rule is effective from 9 a.m. on August 28, 2010 until 7
p.m. on August 29, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0295 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0295 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-
[[Page 39162]]
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 email 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:
Regulatory Information
On May 11, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Events; Mattaponi
River, Wakema, VA in the Federal Register (75 FR 90). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
Basis and Purpose
The Mattaponi Volunteer Rescue Squad will be sponsoring a series of
power boat racing events titled the ``Mattaponi Madness Drag Boat
Event.'' This section will be effective on the following dates: August
28, 2010 through August 29, 2010. The Coast Guard anticipates that this
section will only be enforced between 9 a.m. to 7 p.m. on August 28,
2010. If the event is postponed due to inclement weather, then this
section will be enforced on August 29, 2010 between 9 a.m. and 7 p.m.
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. Due to the high speed of 45
vessels, the regulation is necessary to provide for the safety of
participants, spectators and other transiting vessels by temporarily
restricting vessel traffic in the event area during the power boat
races.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
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. 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 regulation will be in effect and the
advance notification that will be made to the maritime community via
marine information broadcast 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 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: 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
or on August 29, 2010. This rule would not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) Although the regulated area will apply to a three-quarter
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; (ii) 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 minimizes wake near the race course; (iii) 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,
[[Page 39163]]
we do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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 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 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. An environmental analysis checklist and
a categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.
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
0
2. Add temporary Sec. 100.35T05-0295 to read as follows:
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 three-quarter mile long and bounded
in width by each shoreline, bounded to the east by a line that runs
parallel along longitude 076[deg]52[min]43[sec] W, near the mouth of
Mitchell Hill Creek, and bounded to the west by a line that runs
parallel along longitude 076[deg]53[min]41[sec] 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: June 21, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-16587 Filed 7-7-10; 8:45 am]
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