[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36308-36311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15619]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0540]
RIN 1625-AA08


Special Local Regulation for Marine Events; Temporary Change of 
dates for Recurring Marine Events in the Fifth Coast Guard District; 
Mill Creek, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will temporarily change the enforcement period 
of one special local regulation for recurring marine events in the 
Fifth Coast Guard District. This regulation applies a hydroplane speed 
boat race which was originally scheduled for August 12-14, 2011 will be 
on August 6-7, 2011. This regulation will restrict vessel traffic in 
portions of Mill Creek in Hampton, Virginia during the rescheduled 
event to protect mariners and the boating public from the potential 
hazards associated with hydroplane speed boats that will reach speeds 
in excess of 150 miles per hour.

DATES: This rule is effective from August 6, 2011, through August 15, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0540 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0540 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 or e-mail LCDR Christopher A. O'Neal, Waterways 
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone 
757-668-5580, 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

    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 safety of the event participants, patrol vessels, spectator 
craft and other vessels transiting the event area. The potential 
dangers posed by hydroplane speed boats, operating in speeds excess of 
150 miles per hour, make special local regulations necessary. However, 
the Coast Guard will provide advance notifications to users of the 
effected waterways via marine information broadcasts, local notice to 
mariners, commercial radio stations and area newspapers. This 
regulation represents the re-scheduling of the event in order to de-
conflict the event from another race that many competitors and a 
sponsor are involved in during the second weekend in August 2011 and to 
have the event take place close in time to the regularly scheduled 
dates of the event. In addition, publishing an NPRM is unnecessary 
because this event is an annual event which mariners should be aware of 
taking place, as it is noticed in the Federal Register. If mariners had 
concerns about this event taking place, they are on notice throughout 
the year of the event and can object to or comment about the event at 
any time. When the NPRM, including the table to Sec.  100.501 listing 
all of the annual events, was made available for comment, there were no 
objections to this event.
    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. 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. The potential 
dangers posed by hydroplane speed boats, operating in speeds excess of 
150 miles per hour, make special local regulations necessary. However, 
the Coast Guard will provide advance notifications to users of the 
effected waterways via marine information broadcasts, local notice to 
mariners, commercial radio stations and area newspapers. This 
regulation represents the re-scheduling of the event in order to de-
conflict the event from another race that many competitors and a 
sponsor are involved in during the second weekend in August 2011 and to 
have the event take place close in time to the regularly scheduled 
dates of the event. In addition, publishing an NPRM is unnecessary 
because this event is an annual event which mariners should be aware of 
taking place, as it is noticed in the Federal Register. If mariners had 
concerns about this event taking place, they are on notice throughout 
the year of the event and can object to or comment about the event at 
any time. When the NPRM, including the table to Sec.  100.501 listing 
all of the annual events, was made available for comment, there were no 
objections to this event.

Background and Purpose

    This event is annually held in August, scheduled to begin on the 
second Friday of August and anticipated to run through the Saturday and 
Sunday of that weekend. The regulation listing annual marine events 
within the Fifth Coast Guard District and their regulated dates is 33 
CFR 100.501. A table to Sec.  100.501 identifies marine events by 
Captain of the Port zone. This particular event, sponsored this year by 
the City of Hampton, Hampton Cup Regatta Racing Club and the Phoebus 
Civic Association, is listed at line No. 44.
    This year, the Regatta was initially scheduled to take place on 
August 12-14, 2011. However, the event was rescheduled to take place 
one week earlier, on August 6-7, 2011. The date has changed due to 
participants and a sponsor being involved in another race during the 
second weekend in August. In order to deal with this conflict, the 
regatta date was pushed up one weekend in August 2011.

[[Page 36309]]

    On August 6-7, 2011, the City of Hampton, Hampton Cup Regatta 
Racing Club and the Phoebus Civic Association will sponsor the ``85th 
Hampton Cup Regatta'' in the waters of Mill Creek, adjacent to Fort 
Monroe, Hampton, Virginia. The event will consist of approximately 75-
100 hydroplane powerboats conducting high-speed competitive races in 
heats counter-clockwise around an oval racecourse on the water of the 
Mill Creek adjacent to Fort Monroe, Hampton, Virginia and Route 258 
Mercury Highway Bridge. A fleet of spectator vessels is expected to 
gather near the event site 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 special 
local regulation will be enforced from 11:30 a.m. to 5 p.m. August 6, 
2011 and from 11:30 a.m. to 5 p.m. on August 7, 2011.
    During this enforcement period, vessels may not enter the regulated 
area unless they receive permission from the Coast Guard Patrol 
Commander.

Discussion of Rule

    The Coast Guard will temporarily suspend the regulation listed at 
line No. 44 in Table to Sec.  100.501 and will insert this new 
temporary regulation at Table to Sec.  100.501 line No. 44a, in order 
to reflect the change in date for this event this year. This change is 
needed to accommodate the conflict in races during the second weekend 
in August 2011; because there is another race that many participants 
and a sponsor are involved with during the second week of August 2011, 
it was determined to shift the ``85th Hampton Cup Regatta'' to the 
first weekend in August 2011. No other portion of the Table to Sec.  
100.501 shall be affected by this regulation.
    This special local regulation will restrict navigation in the 
regulated area during the marine event, from 11:30 a.m. to 5 p.m. on 
August 6, 2011 and from 11:30 a.m. to 5 p.m. on August 7, 2011. Except 
for persons or vessels authorized by the Coast Guard Patrol Commander, 
no person or vessel may enter or remain in the regulated area during 
the effective period. The regulated area is needed to control vessel 
traffic during the event to enhance the safety of participants in and 
spectators to the 85th Hampton Cup Regatta.
    The enforcement period for this special local regulation will be 
from 11:30 a.m. to 5 p.m. on August 6, 2011 and from 11:30 a.m. to 5 
p.m. on August 7, 2011. The Coast Guard, at its discretion, will allow 
the passage of vessels when races are not taking place. 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.
    In addition to notice in the Federal Register, the maritime 
community will be provided advance notification via the Local Notice to 
Mariners and marine information broadcasts.

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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders. 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.

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.
    The 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 this section of Mill Creek during the event from 
11:30 a.m. to 6 p.m. on August 6 and from 11:30 a.m. to 6 p.m. on 
August 7, 2011.
    Although this regulation prevents traffic from transiting a portion 
of Mill Creek during the event, this rule would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule would be in effect for only a limited 
period. Vessel traffic will be able to transit the regulated area 
between heats, when the Coast Guard Patrol Commander deems it is safe 
to do so. Before the enforcement period, the Coast Guard will issue 
maritime advisories so mariners can adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 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

[[Page 36310]]

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 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 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.

    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. Suspend line No. 44 in the Table to Sec.  100.501.


0
3. Add line No. 44a in Table to Sec.  100.501 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 Hampton Roads--COTP Zone
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[[Page 36311]]

 
                                                                      * * * * * * *
44a.........................................         August 6-7, 2011      Hampton Cup Regatta         City of Hampton,  The waters of Mill Creek,
                                                                                                    Hampton Cup Regatta   adjacent to Fort Monroe,
                                                                                                   Racing Club, and the   Hampton, Virginia, enclosed by
                                                                                                          Phoebus Civic   the following boundaries: to
                                                                                                           Association.   the north, a line drawn along
                                                                                                                          latitude 37[deg]01'00'' N, to
                                                                                                                          the east a line drawn along
                                                                                                                          longitude 076[deg]18'30'' W,
                                                                                                                          to the south a line parallel
                                                                                                                          with the shoreline adjacent to
                                                                                                                          Fort Monroe, and the west
                                                                                                                          boundary is parallel with the
                                                                                                                          Route 258--Mercury Boulevard
                                                                                                                          Bridge.
 
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    Dated: June 13, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-15619 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P