[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Proposed Rules]
[Pages 19570-19573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7790]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0169]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a 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 on 
June 24, 2012. This event will consist of approximately 75 powerboats 
conducting high-speed competitive races on the waters of the Back 
River. 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 Back River, Messick Point, 
Poquoson, Virginia during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 2, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0169 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 email If you have questions on this temporary rule, call 
or email LCDR Christopher O'Neal, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone 757-668-5581, email 
[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-2012-0169), 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 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 email 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, 
type the docket number (USCG-2012-0169) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ 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, 
type the docket number (USCG-2012-0169) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

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 email 
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 Guard Sector--Captain of the Port Zone, 
please see 33 CFR 3.25.

[[Page 19571]]

    This regulation proposes to add an enforcement period of a new 
special local regulation for one marine event within Fifth Coast Guard 
District.
    On June 24, 2012, the Chesapeake Bay Workboat Race Committee will 
sponsor the ``2012 Chesapeake Bay Workboat Races'' on the waters of 
Back River. The event will consist of approximately 75 powerboats 
conducting high-speed competitive races on the waters of Back River, 
Messick Point, Poquoson, VA. 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 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 11 a.m. to 5 p.m. on June 24, 2012, 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 the Back River, Messick Point in 
Poquoson, Virginia. The regulated area will be established in the 
interest of public safety during the ``Chesapeake Bay Workboat Race'', 
and will be enforced from 11 a.m. to 5 p.m. on June 24, 2012. 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.
    This regulation would establish an enforcement location to include 
all waters of the Back River, Poquoson, Virginia, bounded to the north 
by a line drawn along latitude 37[deg]06'30'' N, bounded to the south 
by a line drawn along latitude 37[deg]16'15'' 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.

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 proposed 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under 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 
Back River 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 (six 
hours); (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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule 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 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

[[Page 19572]]

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, Table to Sec.  100.501, add temporary line No. 
26 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.

                                   Coast Guard Sector Hampton Roads--COTP Zone
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   No.            Date                Event             Sponsor                        Location
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                                                  * * * * * * *
26.......  June 24, 2012--11   2012 Chesapeake     Chesapeake Bay     The regulated area includes all waters of
            a.m. to 5 p.m.      Bay Workboat Race.  Workboat Race      the Back River, Poquoson, Virginia,
                                                    Committee.         bounded to the north by a line drawn
                                                                       along latitude 37[deg]06'30'' N, bounded
                                                                       to the south by a line drawn along
                                                                       latitude 37[deg]16'15'' 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.
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[[Page 19573]]

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    Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-7790 Filed 3-30-12; 8:45 am]
BILLING CODE 9110-04-P