[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55558-55561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22917]


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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: Temporary final rule.

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SUMMARY: The Coast Guard will 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: This rule is effective from 9 a.m. September 24, 2011 until 6 
p.m. on September 25, 2011. This rule will be enforced from 9 a.m. to 6 
p.m. on September 24 and 25, 2011.

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-2011-0545 and are available online by going to 
http://www.

[[Page 55559]]

regulations.gov, inserting USCG-2011-0545 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 
temporary rule, call or e-mail LCDR Christopher A. 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 the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 27, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled 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. in the Federal 
Register (76 FR 123). We received no comments on the proposed rule. No 
public meeting was requested, and none was held.
    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. The Coast Guard was informed about 
the changed date too late for the full delayed-effective date period to 
run. In addition, the public interest favors allowing the event to take 
place at its scheduled time. The burden on the boating public will be 
low, consisting of a short restriction on vessel traffic in a limited 
area, with passage allowed when safe to do so. The benefit of allowing 
the event to continue as scheduled will be enjoyed by a large number of 
participants and spectators.

Background 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 Guard Sector--Captain of the Port Zone, 
please see 33 CFR 3.25.
    This regulation will temporarily change the enforcement period of 
special local regulations for one recurring marine event within Fifth 
Coast Guard District. This 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 will 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 Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing a special local regulation 
on the specified waters of John H. Kerr Reservoir, Clarksville, 
Virginia.

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.
    We expect the economic impact of this 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 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 area where the marine event is being held. 
This regulation will not have a significant impact on a substantial 
number of small entities because it will be enforced only during the 
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 the event is 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

[[Page 55560]]

Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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 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. In Sec.  100.501, suspend line No. 47 in the Table to Sec.  100.501.

0
3. In Sec.  100.501, add line No. 62 in Table to Sec.  100.501 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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                                   Coast Guard Sector Hampton Roads--COTP Zone
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      Number              Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62...............  September 24 and    Clarksville         Cambridge Power     The waters of the John H. Kerr
                    25, 2011.           Hydroplane          Boat Racing Assoc.  Reservoir, adjacent to the State
                                        Challenge.                              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.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-22917 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P