[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35266-35268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14379]


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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: Temporary final rule.

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SUMMARY: The Coast Guard will 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. Because this 
event will consist of approximately 75 powerboats conducting high-speed 
competitive races on the waters of 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: This rule is effective from 11 a.m. until 5 p.m. on June 24, 
2012, with a rain date of July 8, 2012 from 11 a.m. until 5 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0169]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Hector Cintron, 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: 

Regulatory Information

    On April 2, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Events, Chesapeake 
Bay Workboat Race, Back River, Messick Point, Poquoson, Virginia in the 
Federal Register (76 FR 093). We received 02 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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment during the workboat race event; therefore, 
a 30-day notice is impracticable. Delaying the effective date would be 
contrary to the safety zone's intended objectives of protecting persons 
and vessels involved in the event, and enhancing public and maritime 
safety.

Background and Purpose

    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 to provide for the safety of participants, 
spectators and other transiting vessels.

Discussion of Comments and Changes

    The Coast Guard did receive 02 comment in response to the notice of 
proposed rulemaking (NPRM) published in the Federal Register. No public 
meeting was requested and none was held. What follows is a review of, 
and the Coast Guard's response to, the issue that was presented by the 
commenter concerning the proposed regulations.
    The commenter, Annette D. Firth of Chesapeake Boat Workboat Race 
Committee, who is the event organizer, stated that they the committee 
would like to add a rain date to the regulation to provide for 
inclement weather. Rain date was added for July 8, 2012. A second 
comment was unrelated to regulation. Accordingly, the Coast Guard is 
establishing a special local regulation on specified waters on the Back 
River, Poquoson, Virginia and we feel that adding a rain date to the 
effective period described in the proposed rule as suggested by the 
commenter will not adversely affect waterway users in this portion of 
the Back River on July 8, 2012.

Discussion of the Final 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, with a 
rain date of July 8, 2012 from 11 a.m. until 5 p.m. 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 will 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 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, 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.
    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

[[Page 35267]]

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.

Impact Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 this section of the Back River from 11 a.m. until 
5 p.m. on June 24, 2012, with a rain date of July 8, 2012 from 11 a.m. 
until 5 p.m.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for 
only 6 hours. Vessel traffic could pass safely around the safety zone. 
Before the activation of the zone, we would issue maritime advisories 
widely available to users of the river.

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 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 Hector Cintron. 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 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 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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

    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 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.

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 a temporary section, Sec.  100.35-T05-0169 to read as follows:


Sec.  100.35T05-0169  Special Local Regulations; Marine Events; Back 
River, Poquoson, VA.

    (a) Regulated area. The following location is a regulated area: 
Includes all waters of the Back River, Poquoson, Virginia, bounded to 
the north by a line

[[Page 35268]]

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.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U. S. Coast Guard who 
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Baltimore with a commissioned, warrant, 
or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel or person in the regulated area shall immediately comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) All Coast Guard vessels enforcing this regulated area can be 
contacted at telephone number 757-668-5555 or on marine band radio VHF-
FM channel 16 (156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard 
District Local Notice to Mariners and issue a marine information 
broadcast on VHF-FM marine band radio announcing specific event date 
and times.
    (d) Enforcement period: This section will be enforced from 11 a.m. 
to 5 p.m. on June 24, 3012, with a rain date of July 8, 2012 from 11 
a.m. to 5 p.m.

    Dated: May 31, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-14379 Filed 6-12-12; 8:45 am]
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