[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33216-33219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13001]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0325]
RIN 1625-AA08


Temporary Change of Dates for Recurring Marine Event in the Fifth 
Coast Guard District, Mattaponi Drag Boat Race, Mattaponi River; 
Wakema, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary change to the 
enforcement period of special local regulation for one recurring marine 
event in the Fifth Coast Guard District. This event is the Mattaponi 
Drag Boat Race, which is a series of power boat races to be held on the 
waters of the Mattaponi River, near Wakema, Virginia. This special 
local regulation is necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic during the power 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 is effective June 22-23, 2013.
    This rule will be enforced from 10 a.m. to 6 p.m. on June 22, 2013. 
In the event of inclement weather on June 22, 2013, this rule will be 
enforced from 10 a.m. to 6 p.m. on June 23, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0325]. 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 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 Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This rule involves an annually occurring marine event that is 
scheduled to take place on the 3rd or 4th Saturday in August, as 
published in the table to 33 CFR 100.501. The Mattaponi Volunteer 
Rescue Squad has changed the date of the event to take place on June 
22, 2013 from 10 a.m. to 6 p.m. The ``rain date'' is June 23, 2013.
    The Coast Guard is issuing this 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

[[Page 33217]]

``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 any delay encountered in this regulation's 
effective date by publishing a NPRM would be contrary to public 
interest. On April 8, 2013 the Coast Guard was informed about the date 
change. It appears that the original sponsoring organization for this 
event is now defunct and a new sponsor has taken over. The new sponsor 
did not submit the requisite Application for a marine event on time.
    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 measures contemplated by this 
rule are intended to protect the safety of the persons participating in 
the event, spectators to the event and any other vessels that may pass 
through the restricted area. Any delaying of the effective date would 
be contrary to the public interest since immediate action is needed to 
ensure the safety of those noted.

B. Basis and Purpose

    The Mattaponi Volunteer Rescue Squad is 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 dates: June 
22, 2013, and in the case of inclement weather, the event will be 
rescheduled to June 23, 2013. The races will be held on the Mattaponi 
River immediately adjacent to the Rainbow Acres Campground, King and 
Queen County, Virginia. The power boat races will consist of 
approximately 40 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.

C. Discussion of the Final Rule

    The regulation listing annual marine events within the Fifth Coast 
Guard District and corresponding dates is 33 CFR 100.501. The Table to 
Sec.  100.501 identifies marine events by Captain of the Port zone. 
This particular marine event is listed in section (c.) line No. 23 of 
the table.
    The current regulation described in section (c.) line No. 23 of the 
table indicates that the drag boat race event should take place this 
year either on the 3rd Saturday and Sunday or 4th Saturday and Sunday 
in August. The Coast Guard is establishing a temporary suspension of 
the regulation listed at section (c.) line No. 23 in the Table to Sec.  
100.501 and inserting this new temporary regulation at the Table to 
Sec.  100.501 line No. 24 in order to reflect the change of date for 
this year's event. This change is needed to accommodate the change in 
date of the annual Mattaponi Drag Boat Race. No other portion of the 
Table to Sec.  100.501 or other provisions in Sec.  100.501 shall be 
affected by this regulation.
    As such this special local regulation will restrict vessel movement 
in the regulated area during the marine event. The regulated area is 
needed to control vessel traffic and enhance the safety of participants 
and spectators of the Mattaponi Drag Boat Race. The regulation will be 
enforced from 10 a.m. to 6 p.m. on June 22, 2013, with an inclement 
weather date of June 23, 2013, from 10 a.m. to 6 p.m. 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.
    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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this regulation will prevent traffic from transiting a 
portion of the Mattaponi River during the 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 advance notification that will 
be made to the maritime community via marine information broadcast, 
local radio stations and area newspapers so mariners can adjust their 
plans accordingly. Additionally, the regulated area has been designed 
to impose the least impact on general navigation yet provide the level 
of safety deemed necessary. Vessel traffic will be able to transit the 
regulated area between heats and when the Coast Guard Patrol Commander 
deems it is safe to do so.

2. Impact on 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 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: owners or operators of vessels intending to 
transit this section of the Mattaponi River from 9 a.m. to 6 p.m. on 
June 22, 2013 and on June 23, 2013. This proposed rule would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: (i) Although the regulated area will apply 
to a \3/4\ mile segment of the Mattaponi River, traffic may be allowed 
to pass through the regulated area with the permission of the Coast 
Guard Patrol Commander between races; (ii) In the case where the Patrol 
Commander authorizes passage through the regulated area during the 
event, vessels shall proceed at the minimum speed necessary to maintain 
a safe course that minimizes wake near the race course; (iii) Before 
the enforcement period, we will issue maritime advisories so mariners 
can adjust their plans accordingly.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 33218]]

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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``FOR FURTHER 
INTFORMATION CONTACT'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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, in ``Table to Sec.  100.501,'' under ``(c.) Coast 
Guard Sector Hampton Roads--COTP Zone,'' suspend entry 23 and add entry 
24 to read as follows:


Sec.  100.501-35T05-0325  Special Local Regulations; Mattaponi Drag 
Boat Race, Mattaponi River; Wakema, VA.

* * * * *

[[Page 33219]]



                                (c.) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
       Number               Date                Event             Sponsor                   Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
24.................  June 22, 2013 with  Mattaponi Drag      Mattaponi          All waters of Mattaponi River
                      an inclement        Boat Race.          Volunteer Rescue   immediately adjacent to Rainbow
                      weather date of                         Squad and Dive     Acres Campground, King and
                      June 23, 2013.                          Team.              Queen County, Virginia. The
                                                                                 regulated area includes a
                                                                                 section of the Mattaponi River
                                                                                 approximately three-quarter
                                                                                 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.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 13, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-13001 Filed 6-3-13; 8:45 am]
BILLING CODE 9110-04-P