[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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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