[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Rules and Regulations]
[Pages 20294-20297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8861]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0102]
RIN 1625-AA08
Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period of special local regulations for recurring marine events in the
Fifth Coast Guard District. These regulations apply to only two
recurring marine events that conduct power boat races. Special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in portions of the Western Branch, Elizabeth River, VA,
and North Atlantic Ocean, Ocean City, MD during each event.
DATES: Effective Date: This rule is effective in the CFR on April 19,
2010. This rule is effective with actual notice for purposes of
enforcement from April 17, 2010 through May 31, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0102 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0102 in the
``Keyword'' box, and then clicking ``Search.'' 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 LT Tiffany Duffy, Project Manager, Sector Hampton
Roads, Waterways Management Division, United States 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
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 because delaying the effective date would be
contrary to the public interest since immediate action is needed to
ensure the public's safety during the Virginia State Hydroplane
Championships and the Geico Offshore Grand Prix.
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
[[Page 20295]]
Register. Delaying the effective date would be contrary to the public
interest since immediate action is needed to ensure the public's safety
during the Virginia State Hydroplane Championships and the Geico
Offshore Grand Prix.
Basis and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on water activities
that typically comprise marine events include sailing regattas, power
boat races, swim races and holiday boat parades. For a description of
the geographical area of each Coast Guard Sector--Captain of the Port
Zone, please see 33 CFR 3.25.
This regulation temporarily changes the enforcement period of
special local regulations for recurring marine events within the Fifth
Coast Guard District. This regulation applies to two marine events in
33 CFR 100.501, Table to Sec. 100.501.
On April 17 and 18, 2010, the Virginia Boat Racing Association will
sponsor the ``Virginia State Hydroplane Championship'' hydroplane races
on the waters of the Western Branch of the Elizabeth River near
Portsmouth, Virginia. The regulation at 33 CFR 100.501 is effective
annually for this river boat race marine event. The event will consist
of approximately 60 hydroplane powerboats conducting high-speed
competitive races on the Western Branch of the Elizabeth River in the
vicinity of Portsmouth City Park, Portsmouth, Virginia. 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,
support and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic in the event area during the hydroplane races.
The regulation at 33 CFR 100.501 would be enforced for the duration of
the event. Under provisions of 33 CFR 100.501, from 9 a.m. to 5:30 p.m.
on April 17 and 18, 2010, vessels may not enter the regulated area
unless they receive permission from the Coast Guard Patrol Commander.
The Offshore Performance Association (OPA) Racing LLC annually
sponsors the ``Offshore Grand Prix'', on the waters of the North
Atlantic Ocean near Ocean City, MD. The regulation at 33 CFR 100.501 is
effective annually for the Ocean City Offshore race marine event. The
event is conducted on the waters of the North Atlantic Ocean along the
shoreline near Ocean City, MD. The event consists of approximately 50
V-hull and twin-hull inboard hydroplanes racing in heats counter-
clockwise around an oval race course. A fleet of spectator vessels is
anticipated to gather nearby to view the competition. Therefore, to
ensure the safety of participants, spectators and transiting vessels,
33 CFR 100.501 would be enforced for the duration of the event. Under
provisions of 33 CFR 100.501, from 9:30 a.m. to 5 p.m. on May 30 and
31, 2010, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander. Due to the need for
vessel control during the event, vessel traffic will be temporarily
restricted to provide for the safety of participants, spectators and
transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Western Branch, Elizabeth River, near
Portsmouth, Virginia; and North Atlantic Ocean near Ocean City, MD. The
regulated areas will be established in the interest of public safety
during the Virginia State Hydroplane Championships and the Geico
Offshore Grand Prix, and will be enforced on April 17 until April 18,
2010, from 9 a.m. to 5:30 p.m. and on May 30 until May 31, 2010, from
9:30 a.m. to 5 p.m. Access to the safety zone will be restricted during
the specified date and times or until the powerboat races are complete,
whichever is sooner. Except for participants and vessels authorized by
the Captain of the Port or his Representative, no person or vessel may
enter or remain in the regulated area.
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 rule prevents traffic from transiting a portion of
certain waterways during specified 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 extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec. 100.501. In some cases
vessel traffic may be able to transit the regulated area 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.
This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the areas where marine events are being held. This
regulation will not have a significant impact on a substantial number
of small entities because it will be enforced only during marine events
that have been permitted by the Coast Guard Captain of the Port. The
Captain of the Port will ensure that small entities are able to operate
in the areas where events are occurring when it is safe to do so. This
safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) In
some cases, vessels will be able to safely transit around the regulated
area at various times; (ii) with the permission of the Patrol
Commander, vessels may transit through the regulated area; and (iii)
before the enforcement period, the Coast Guard 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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees
[[Page 20296]]
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, 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 that 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.
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 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. In Sec. 100.501, suspend line No. 31 and 38 in the Table to Sec.
100.501.
0
3. In Sec. 100.501 on April 17 and 18, 2010, add line No. 58 in Table
to Sec. 100.501; on May 30 and 31, 2010, add line No. 59 in Table to
Sec. 100.501; to read as follows:
Sec. 100.501-T05-0102 Special Local Regulations; Marine Events in the
Fifth Coast Guard District.
* * * * *
Table To Sec. 100.501.--All coordinates listed in the Table to
Sec. 100.501 reference Datum NAD 1983.
[[Page 20297]]
Coast Guard Sector Hampton Roads--COTP Zone
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No. Date Event Sponsor Location
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* * * * * * *
58......... April 17-April Virginia state Virginia Boat The waters of the Western Branch,
18, 2010. hydroplane Racing Elizabeth River bounded by a line
championships. Association. connecting the following points: latitude
36[deg]50'06'' N, longitude
076[deg]22'27'' W, thence to latitude
36[deg]50'06'' N, longitude
076[deg]21'57'' W, thence to latitude
36[deg]50'15'' N, longitude
076[deg]21'55.8'' W, thence to latitude
36[deg]50'15'' N, longitude
076[deg]22'27'' W, thence to point of
origin.
59......... May 30-May 31, Ocean City Offshore The waters of the Atlantic Ocean
2010. Maryland Performance commencing at a point on the shoreline at
Offshore Grand Association, OPA latitude 38[deg]25'42'' N, longitude
Prix. Racing, LLC. 075[deg]03'06'' W; thence east southeast
to latitude 38[deg]25'30'' N, longitude
075[deg]02'12'' W, thence south southwest
parallel to the Ocean City shoreline to
latitude 38[deg]19'12'' N, longitude
075[deg]03'48'' W; thence west northwest
to the shoreline at latitude
38[deg]19'30'' N, longitude
075[deg]05'00'' W. The waters of the
Atlantic Ocean bounded by a line drawn
from a position along the shoreline near
Ocean City, MD at latitude
38[deg]22'25.2'' N, longitude
075[deg]03'49.4'' W, thence easterly to
latitude 38[deg]22'00.4'' N, longitude
075[deg]02'34.8'' W, thence southwesterly
to latitude 38[deg]19'35.9'' N, longitude
075[deg]03'35.4'' W, thence westerly to a
position near the shoreline at latitude
38[deg]20'05'' N, longitude
075[deg]04'48.4'' W, thence northerly
along the shoreline to the point of
origin.
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* * * * *
Dated: April 7, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-8861 Filed 4-16-10; 8:45 am]
BILLING CODE 9110-04-P