[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52263-52266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21327]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0744]
RIN 1625-AA08


Special Local Regulation for Marine Events; Mattaponi Madness 
Drag Boat Race, Mattaponi River, Wakema, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard will establish special local regulations 
during the Mattaponi Madness Drag

[[Page 52264]]

Boat Event, a series of power boat races to be held on the waters of 
the Mattaponi River, near Wakema, Virginia. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the events. This action is intended to restrict 
vessel traffic during the drag boat races on the Mattaponi River 
immediately adjacent to the Rainbow Acres Campground, located in King 
and Queen County, near Wakema, Virginia.

DATES: This rule will be effective from 11 a.m. to 6 p.m. on August 27, 
2011. In the case of inclement weather, this regulation will be 
effective from 11 a.m. to 6 p.m. on August 28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0744 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0744 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 the Coast Guard did not receive the 
application for this event in sufficient time to allow for publication 
of an NPRM, and any delay encountered in this regulation's effective 
date by publishing a NPRM would require either the cancellation of the 
event, or require that the event be held without a safety zone. Either 
course of action would be contrary to public interest since immediate 
action is needed to provide for the safety of life and property on 
navigable waters. Additionally, 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 drag boat racing, 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. In addition, publishing 
an NPRM is unnecessary because this event is an annual event which 
mariners should be aware of taking place, as it has been published in 
the Federal Register since 2009. The Coast Guard has never received any 
comments regarding 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 drag boat racing, 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. In addition, publishing 
an NPRM is unnecessary because this event is an annual event which 
mariners should be aware of taking place, as it has been published in 
the Federal Register since 2009. The Coast Guard has never received any 
comments regarding this event.

Background and Purpose

    The Mattaponi Volunteer Rescue Squad will be sponsoring a series of 
power boat racing events titled the ``Mattaponi Madness Drag Boat 
Event.'' The power boat races will be held on the following date: 
August 27, 2011, and in the case of inclement weather, the event will 
be rescheduled to August 28, 2011. The races will be held on the 
Mattaponi River immediately adjacent to the Rainbow Acres Campground in 
King and Queen County, Virginia. The power boat races will consist of 
approximately 45 vessels conducting high speed straight line runs along 
the river and parallel to the shoreline. 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 and other transiting 
vessels, the Coast Guard will temporarily restrict vessel traffic in 
the event area during the power boat races.
    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 is establishing special local regulations on 
specified waters of the Mattaponi River, in the vicinity of Wakema, 
Virginia. The regulated area includes all waters of Mattaponi River 
immediately adjacent to Rainbow Acres Campground in King and Queen 
County, Virginia. The regulated area includes a section of the 
Mattaponi River approximately three-fourths of a mile long and bounded 
in width by each shoreline, bounded to the east by a line that runs 
parallel along longitude 076[deg]52'43'' W, near the mouth of Mitchell 
Hill Creek, and bounded to the west by a line that runs parallel along 
longitude 076[deg]53'41'' W just north of Wakema, Virginia. The effect 
of this regulation would be to restrict general navigation in the 
regulated area during the drag boat races. This special local 
regulation will be enforced from 11 a.m. to 6 p.m. on August 27, 2011; 
and in the case of inclement weather, this special local regulation 
will be enforced from 11 a.m. to 6 p.m. on August 28, 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. Non-
participating vessels will be allowed to transit the regulated area 
between races, when the Coast Guard Patrol Commander determines it is 
safe to do so. This regulation is needed to control vessel traffic 
during the event to enhance the safety of participants, spectators and 
transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking.

[[Page 52265]]

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.

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 Mattaponi River during the event 
from 11 a.m. to 6 p.m. on August 27 or from 11 a.m. to 6 p.m. on August 
28, 2011.
    Although this regulation prevents traffic from transiting a portion 
of Mattaponi River 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 if 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 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 affect 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

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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.

    Add temporary Sec.  100.35T05-XXXX to read as follows:


Sec.  100.35T05-XXXX  Special Local Regulation; Mattaponi Madness Drag 
Boat Race, Mattaponi River, Wakema, Virginia

    (a) Regulated Area. The regulated area includes all waters of 
Mattaponi River immediately adjacent to Rainbow Acres Campground in 
King and Queen County, Virginia. The regulated area includes a section 
of the Mattaponi River approximately three-fourths of a mile long and 
bounded in width by each shoreline, bounded to the east by a line that 
runs parallel along longitude 076[deg]52'43'' W, near the mouth of 
Mitchell Hill Creek, and bounded to the west by a line that runs 
parallel along longitude 076[deg]53'41'' W just north of Wakema, 
Virginia. All coordinates reference Datum NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Hampton Roads with a commissioned, 
warrant or petty officer on board and displaying a Coast Guard ensign.
    (c) Special Local Regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by an 
Official Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement Period: This regulation will be enforced from 11 
a.m. to 6 p.m. on August 27, 2011. In the case of inclement weather, 
this regulation will be enforced from 11 a.m. to 6 p.m. on August 28, 
2011.

    Dated: August 2, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-21327 Filed 8-19-11; 8:45 am]
BILLING CODE 9110-04-P