[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Rules and Regulations]
[Pages 748-750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31410]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0430]
RIN 1625-AA08


Special Local Regulation for Marine Events; Recurring Marine 
Events in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the list of recurring marine 
events within the Fifth Coast Guard District. These regulations make 
minor changes to the regulated areas of two permitted marine events 
listed in the table attached to the regulation. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during marine events. This action will restrict vessel 
traffic in portions of the Chesapeake Bay and Assateague Channel, 
Virginia.

DATES: This rule is effective February 5, 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-2009-0430 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0430 in the ``Keyword'' 
box, and then clicking ``Search.'' 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 rule, 
call or e-mail Dennis Sens, Project Manager, Fifth Coast Guard 
District, Prevention Division, 757-398-6204 or e-mail 
[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 June 25, 2009, we published an Interim final rule; request for 
comments entitled Special Local Regulation for Marine Events; Recurring 
Marine Events in the Fifth Coast Guard District in the Federal Register 
(74 FR 30220). We received no comments on the interim final rule. No 
public meeting was requested and none was held.

Background and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. 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 amends two marine events listed in 33 CFR Part 
100.501, Table to Sec.  100.501. They are event No. 20, The Great 
Chesapeake Bay Bridges Swim Races and Chesapeake Challenge One Mile 
Swim and event No. 42, Pony Penning Swim.
    Annually, the Great Chesapeake Bay Swim, Inc. sponsors the ``The 
Great Chesapeake Bay Bridges Swim Races and Chesapeake Challenge One 
Mile Swim'' on the waters of the Chesapeake Bay near the William P. 
Lane Jr. Memorial (Chesapeake Bay) Bridge. The regulated area is a line 
that runs parallel to both the north and south spans of the bridge and 
includes the waters 500 yards north of the north span and 500 yards 
south of the south span of the bridge. The regulated area listed in the 
Table to Sec.  100.501 for event No. 20 is amended to describe the area 
as follows: The waters of the Chesapeake Bay between and adjacent to 
the spans of the William P. Lane Jr. Memorial Bridge shore to shore 500 
yards north of the north span of the bridge from the western shore at 
latitude 39[deg]00'36'' N, longitude 076[deg]23'53'' W and the eastern 
shore at latitude 38[deg]59'14'' N, longitude 076[deg]20'00'' W; and 
500 yards south of the south span of the bridge from the western shore 
at latitude 39[deg]00'16'' N, longitude 076[deg]24'30'' W and the 
eastern shore at latitude 38[deg]58'39'' N, longitude 076[deg]20'10'' 
W. The regulated area as described is amended to ensure the safety of 
participants and support vessels and in accordance with 33 CFR 100.501 
will be enforced for the duration of the marine event. Due to the need 
for vessel control during the event, vessel traffic will be temporarily 
restricted in this segment of the Chesapeake Bay. Under provisions of 
33 CFR 100.501, during the enforcement period, vessels may not enter 
the regulated area unless they receive permission from the Coast Guard 
Patrol Commander. Vessel traffic may be allowed to transit the 
regulated area only when the Patrol Commander determines it is safe to 
do so.
    Annually, the Chincoteague Volunteer Fire Department sponsors the 
``The Pony Penning Swim'' on the waters of Assateague Channel that runs 
between Chincoteague and Assateague Islands. The regulated area 
includes the waters of Assateague Channel from shoreline to shoreline, 
bounded to the east by a line drawn from latitude 37[deg]55'00'' N, 
longitude 075[deg]22'45'' W, to latitude 37[deg]54'47'' N, longitude 
075[deg]22'45'' W, and to the south by a line drawn from latitude 
37[deg]54'47'' N, longitude 075[deg]22'45'' W, to latitude 
37[deg]54'47'' N, longitude 075[deg]23'04'' W. The regulated area as 
described, is amended to ensure the safety of participants, wildlife 
and support vessels, and in accordance with 33 CFR 100.501 will be 
enforced for the duration of the marine event. Due to the need for 
vessel control during the event, vessel traffic will be temporarily 
restricted in this segment of Assateague Channel. Vessels may not enter 
the regulated area unless they receive permission from the Coast Guard 
Patrol Commander.
    Specific information on each event, including the exact dates, 
times and description of the regulated area, will be provided to the 
public through a Local Notice to Mariners published before the event, 
as well as through Broadcast Notice to Mariners. The public will also 
be notified about these marine events by local newspapers, radio and 
television stations. The various methods of notification provided by 
the Coast Guard and local community media outlets will facilitate 
informing mariners so they can adjust their plans accordingly.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments in response to the 
interim rule published in the Federal Register. Accordingly, the Coast 
Guard is establishing as permanent the interim rule modifying the 
special local regulations on the specified waters of the Chesapeake Bay 
and Assateague Channel, Virginia.

[[Page 749]]

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. 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. 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 Interim final rule 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, 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

[[Page 750]]

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.
    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, in the Table to Sec.  100.501, revise number 20 
and number 42 to read as follows:


Sec.  100.501  Special local regulations; Marine events in the fifth 
Coast Guard district.

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                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
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    Number             Date              Event            Sponsor                       Location
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                                     Coast Guard Sector Baltimore--COTP Zone
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                                                  * * * * * * *
20............  June--2nd Sunday.  The Great         Great Chesapeake  The waters of the Chesapeake Bay between
                                    Chesapeake Bay    Bay Swim, Inc.    and adjacent to the spans of the William
                                    Bridge Swim                         P. Lane Jr. Memorial Bridge shore to
                                    Races and                           shore 500 yards north of the north span
                                    Chesapeake                          of the bridge from the western shore at
                                    Challenge One                       latitude 39[deg]00'36'' N, longitude
                                    Mile Swim.                          076[deg]23'53'' W and the eastern shore
                                                                        at latitude 38[deg]59'14'' N, longitude
                                                                        076[deg]20'00'' W, and 500 yards south
                                                                        of the south span of the bridge from the
                                                                        western shore at latitude 39[deg]00'16''
                                                                        N, longitude 076[deg]24'30'' W and the
                                                                        eastern shore at latitude 38[deg]58'39''
                                                                        N, longitude 076[deg]20'10'' W.
 
                                                  * * * * * * *
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                                   Coast Guard Sector Hampton Roads--COTP Zone
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                                                  * * * * * * *
42............  July--last         Pony Penning      Chincoteague      The waters of Assateague Channel from
                 Wednesday and      Swim.             Volunteer Fire    shoreline to shoreline, bounded to the
                 following Friday.                    Department.       east by a line drawn from latitude
                                                                        37[deg]55'00'' N, longitude
                                                                        075[deg]22'45'' W, to latitude
                                                                        37[deg]54'47'' N, longitude
                                                                        075[deg]22'45'' W, and to the south by a
                                                                        line drawn from latitude 37[deg]54'47''
                                                                        N, longitude 075[deg]22'45'' W, to
                                                                        latitude 37[deg]54'47'' N, longitude
                                                                        075[deg]23'04'' W.
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* * * * *

    Dated: December 17, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-31410 Filed 1-5-10; 8:45 am]
BILLING CODE 9110-04-P