[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Proposed Rules]
[Pages 37293-37296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15971]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0545]
RIN 1625-AA08


Special Local Regulation for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District, 
John H. Kerr Reservoir, Clarksville VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period of special local regulations for one recurring marine event in 
the Fifth Coast Guard District, specifically, the ``Clarksville 
Hydroplane Challenge,'' hydroplane races on the waters of the John H. 
Kerr Reservoir. Because this event will consist of approximately 80 
hydroplane powerboats conducting high-speed competitive races in heats 
counter-clockwise around an oval racecourse on the water of the John H. 
Kerr Reservoir, this regulation is 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 John H. Kerr Reservoir in 
Clarksville, Virginia during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 27, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0545 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail. If you have questions on this temporary rule, 
call or e-mail LCDR Christopher O'Neal, Waterways Management Division 
Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-5581, 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: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0545), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0545'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8[frac12] by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0545'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation, West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact LCDR Christopher O'Neal at the telephone number or e-mail 
address indicated under the FOR FURTHER INFORMATION CONTACT section of 
this notice.

Basis and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of Fifth Coast Guard District. The 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

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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 one recurring marine event 
within Fifth Coast Guard District. This proposed regulation applies to 
one marine event in 33 CFR 100.501, Table to Sec.  100.501.
    On September 24 and 25, 2011, the Cambridge Power Boat Racing 
Association will sponsor the ``Clarksville Hydroplane Challenge'' 
hydroplane races on the waters of the John H. Kerr Reservoir. The 
regulation at 33 CFR 100.501 is effective annually for this hydroplane 
boat race marine event. The event will consist of approximately 80 
hydroplane powerboats conducting high-speed competitive races in heats 
counter-clockwise around an oval racecourse on the water of the John H. 
Kerr Reservoir adjacent to Occoneechee State Park, Clarksville, 
Virginia and State Route 15 Highway Bridge. 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 the provisions of 33 CFR 100.501, from 9 a.m. to 6 
p.m. on September 24 and 25, 2011, vessels may not enter the regulated 
area unless they receive permission from the Coast Guard Patrol 
Commander.

Discussion of Proposed Rule

    The Coast Guard is establishing a temporary special local 
regulation on specified waters of John H. Kerr Reservoir, in 
Clarksville, Virginia. The regulated area will be established in the 
interest of public safety during the ``Clarksville Hydroplane 
Challenge'', and will be enforced from 9 a.m. to 6 p.m. on September 24 
and 25, 2011. The Coast Guard, at its discretion, when practical 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.

Regulatory Analyses

    We developed this proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
rule prevents traffic from transiting a portion of certain waterways 
during specified times, 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit this section of the John H. 
Kerr Reservoir during the event.
    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. This regulation will not 
have a significant impact on a substantial number of small entities 
because: (i) It will be enforced only for a short period of time on two 
consecutive days; (ii) vessels may be granted the opportunity to 
transit the safety zone during the period of enforcement if the Patrol 
Commander deems it safe to do so; (iii) vessels may transit around the 
safety zone; and (iv) 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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Christopher O'Neal. The 
Coast Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the

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effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that 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. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. In Sec.  100.501, suspend line No. 47 in the Table to Sec.  
100.501.
    3. In Sec.  100.501, on September 24 and 25, 2011, add line No. 62 
in Table to Sec.  100.501; to be enforced from 9 a.m. to 6 p.m. on 
September 24, 2011 and from 9 a.m. to 6 p.m. on September 25, 2011, to 
read 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
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               Number                         Date                  Event                 Sponsor                            Location
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                                                                      * * * * * * *
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                                                       Coast Guard Sector Hampton Roads--COTP Zone
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62.................................  September 24 and 25,   Clarksville            Cambridge Power Boat   The waters of the John H. Kerr Reservoir,
                                      2011.                  Hydroplane Challenge.  Racing Assoc.          adjacent to the State Route 15 Highway Bridge
                                                                                                           and Occoneechee State Park, Clarksville,
                                                                                                           Virginia, from shoreline to shoreline,
                                                                                                           bounded on the south by a line running
                                                                                                           northeasterly from a point along the
                                                                                                           shoreline at latitude 36[deg]37'14'' N,
                                                                                                           longitude 078[deg]32'46.5'' W, thence to
                                                                                                           latitude 36[deg]37'39.2'' N, longitude
                                                                                                           078[deg]32'08.8'' W, and bounded on the north
                                                                                                           by the State Route 15 Highway Bridge.
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    Dated: June 16, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-15971 Filed 6-24-11; 8:45 am]
BILLING CODE 9110-04-P