[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Rules and Regulations]
[Pages 32431-32433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16063]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0252]
RIN 1625-AA08


Special Local Regulation for Marine Event; Temporary Change of 
Dates for Recurring Marine Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
of special local regulations for a recurring marine event in the Fifth 
Coast Guard District. These regulations apply to only one recurring 
marine event that conducts ``workboat 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 a portion of the York River, VA, during the event.

DATES: This rule is effective from 9 a.m. to 5:30 p.m., on July 12, 
2009, except that the suspension of line 41 in the table to Sec.  
100.501 is effective from July 12, 2009 to July 31, 2009.

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-2009-0252 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-2009-0252 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is 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 Dennis Sens, Project Manager, Fifth 
Coast Guard District, Prevention Division, at 757-398-6204 or e-mail at 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 12, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Event; Temporary 
Change of Dates for Recurring Marine Event in the Fifth Coast Guard 
District in the Federal Register (74 FR 22142). We received no comments 
on the proposed rule. No public meeting was requested, and none was 
held.
    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. The potential dangers posed by 
boat races operating in close proximity to transiting vessels make 
special local regulations necessary. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, patrol vessels, spectator 
craft and other vessels transiting the event area. However, the Coast 
Guard will provide advance notifications to users of the affected 
waterways via marine information broadcasts, local notice to mariners, 
commercial radio stations and area newspapers.

Background 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 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 proposes to temporarily change the enforcement 
period of special local regulations for a recurring marine event within 
the Fifth Coast Guard District. This proposed regulation applies to one 
marine event in 33 CFR 100.501, Table to Sec.  100.501.
    On July 12, 2009, the Watermen's Museum of Yorktown, Virginia will 
sponsor the ``Watermen's Heritage Festival Workboat Races'', on the 
waters of the York River near Yorktown, Virginia. The regulation at 33 
CFR 100.501 is effective annually for this river boat race marine 
event. The event will consist of approximately 40 traditional 
Chesapeake Bay deadrise workboats racing along a marked straight line 
race course in heats of 2 to 4 boats for a distance of approximately 
1,000 yards. A fleet of spectator vessels is anticipated to gather 
nearby to view the competition. Due to the need for vessel control 
during the event, the Coast Guard will temporarily restrict vessel 
traffic in the event area to provide for the safety of participants, 
spectators and other transiting vessels. 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 July 12, 
2009, vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on

[[Page 32432]]

specified waters of the York River, near Yorktown, Virginia.

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 
the York River 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 York River 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. In some cases, vessels will be able to safely 
transit around the regulated area at various times, and, with the 
permission of the Patrol Commander, vessels may transit through the 
regulated area. 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), 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 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

[[Page 32433]]

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 interests 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 sailboard 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 the Table to Sec.  100.501:
0
a. Suspend line No. 41 from July 12, 2009 to July 31, 2009; and
0
b. From 9 a.m. to 5:30 p.m., on July 12, 2009, add line No. 63.
    The addition reads as follows:


Sec.  100.501.   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.

                                   Coast Guard Sector Hampton Roads--COTP Zone
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     Number                Date                  Event                 Sponsor                  Location
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                                                  * * * * * * *
63..............  July 12, 2009          Watermen's Heritage    Watermen's Museum of   The waters of the York
                                          Festival Workboat      Yorktown, VA.          River, Yorktown,
                                          Races.                                        Virginia, bounded on the
                                                                                        west by a line drawn
                                                                                        along longitude
                                                                                        076[deg]31'25'' W,
                                                                                        bounded on the east by a
                                                                                        line drawn along
                                                                                        longitude
                                                                                        076[deg]30'55'' W,
                                                                                        bounded on the south by
                                                                                        the shoreline and
                                                                                        bounded on the north by
                                                                                        a line drawn parallel
                                                                                        and 400 yards north of
                                                                                        the southern shoreline.
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    Dated: June 24, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-16063 Filed 7-2-09; 4:15 pm]
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