[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Rules and Regulations]
[Pages 63837-63839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26644]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0934]
RIN 1625-AA08


Special Local Regulation for Marine Events; Chesapeake Bay 
Workboat Race; Back River, Messick Point, Poquoson, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish special local regulation during 
the Chesapeake Bay Workboat Race, a series of boat races to be held on 
the waters of Back River, Poquoson, 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 power boat races on the Back River in the 
vicinity of Messick Point, in Poquoson, Virginia.

DATES: This rule is effective October 30, 2011 from 1 p.m. to 4 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0934 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0934 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 published a temporary 
final rule in the Federal Register on September 8, 2011, for the 
original date of this event, which was September 18, 2011. Inclement 
weather forced the cancellation of the event, the sponsor did not 
include a make-up date in the original application for approval of 
marine event, and the Coast Guard did not receive the new application 
for the make-up date in sufficient time to allow for publication of an 
NPRM. Any delay encountered in this regulation's effective date by 
publishing an NPRM would require either the cancellation of the event, 
or require that the event be held without a special local regulation. 
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, this special local 
regulation will be enforced for approximately three hours on October 
30, 2011 while the boat races are in progress. This regulated area 
should have a minimal impact on transiting vessels because mariners are 
not precluded from using any portion of the waterway except the area 
within the regulated area.
    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 published a 
temporary final rule in the Federal Register on September 8, 2011, for 
the original date of this event, which was September 18, 2011. 
Inclement weather forced the cancellation of the event, the sponsor did 
not include a make-up date in the original application for approval of 
marine event, and the Coast Guard did not receive the new application 
for the make-up date in sufficient time to allow for publication more 
than 30 days prior to the date scheduled for the event, and 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, and other vessels transiting the event 
area.

Background and Purpose

    On October 30, 2011 the Chesapeake Bay Watermen will sponsor a 
workboat race on the navigable waters of the Back River in Poquoson, 
Virginia.
    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 regulated area shall be enforced from 
1 p.m. to 4 p.m. October 30, 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

    This special local regulation will restrict general navigation in 
the regulated area during the marine event, from 1 p.m. to 4 p.m. on 
October 30, 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 Chesapeake Bay Workboat Race.

[[Page 63838]]

    The enforcement period for this safety zone shall be from 1 p.m. to 
4 p.m. on October 30, 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.
    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. 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 those Orders.

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 the Back River during the event 
from 1 p.m. to 4 p.m. on October 30, 2011.
    Although this regulation prevents traffic from transiting a portion 
of the Back 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, 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 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.

[[Page 63839]]

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. Add temporary Sec.  100.35T05-0934 to read as follows:


Sec.  100.35T05-0934  Special Local Regulations; Chesapeake Bay 
Workboat Race, Poquoson, Virginia.

    (a) Regulated Area. The regulated area includes all waters of the 
Back River, Poquoson, Virginia, bounded to the north by a line drawn 
along latitude 37[deg]06'0'' N, bounded to the south by a line drawn 
along latitude 37[deg]06'15'' N, bounded to the east by a line drawn 
along longitude 076[deg]18'52'' W and bounded on the west by a line 
drawn along longitude 076[deg]19'30'' W. 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 1 
p.m. to 4 p.m. on October 30, 2011.

    Dated: September 29, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-26644 Filed 10-13-11; 8:45 am]
BILLING CODE 9110-04-P