Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, 12769-12774 [E9-6424]
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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules
per year.105 The Commission does not
consider this a substantial number.106
Based on this understanding, the
Commission certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. Accordingly, no regulatory
flexibility analysis is required.
VII. Comment Procedures
151. The Commission invites
interested persons to submit comments
on the matters and issues proposed in
this notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due May 26, 2009.
Comments must refer to Docket Nos.
RM08–19–000, RM08–19–001, RM09–
5–000 and RM06–16–005, and must
include the commenter’s name, the
organization they represent, if
applicable, and their address in their
comments.
152. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
153. Commenters that are not able to
file comments electronically must send
an original and 14 copies of their
comments to: Federal Energy Regulatory
Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
154. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
PWALKER on PROD1PC71 with PROPOSALS
105 Id.
106 The Regulatory Flexibility Act defines a
‘‘small entity’’ as ‘‘one which is independently
owned and operated and which is not dominant in
its field of operation.’’ See 5 U.S.C. 601(3) and
601(6); 15 U.S.C. 632(a)(1). In Mid-Tex Elec. Coop.
v. FERC, 773 F.2d 327, 340–43 (DC Cir. 1985), the
court accepted the Commission’s conclusion that,
since virtually all of the public utilities that it
regulates do not fall within the meaning of the term
small entities as defined in the Regulatory
Flexibility Act, the Commission did not need to
prepare a regulatory flexibility analysis in
connection with its proposed rule governing the
allocation of costs for construction work in progress
(CWIP). The CWIP rules applied to all public
utilities. The revised pro forma OATT will apply
only to those public utilities that own, control or
operate interstate transmission facilities. These
entities are a subset of the group of public utilities
found not to require preparation of a regulatory
flexibility analysis for the CWIP rule.
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12769
serve copies of their comments on other
commenters.
competitions, and harbor celebrations.
Special local regulations are necessary
to provide for the safety of life on
VIII. Document Availability
navigable waters during the event. This
155. In addition to publishing the full action is intended to restrict vessel
text of this document in the Federal
traffic in portions of the Chester River,
Register, the Commission provides all
MD; Rappahannock River, VA; Elizabeth
interested persons an opportunity to
River, Southern Branch, VA; North
view and/or print the contents of this
Atlantic Ocean, Ocean City, MD; and
document via the Internet through
Pasquotank River during each event.
FERC’s Home Page (https://www.ferc.gov) DATES: Comments and related material
and in FERC’s Public Reference Room
must either be submitted to our online
during normal business hours (8:30 a.m. docket via https://www.regulations.gov
to 5 p.m. Eastern time) at 888 First
on or before April 24, 2009 or reach the
Street, NE., Room 2A, Washington DC
Docket Management Facility by that
20426.
date.
156. From FERC’s Home Page on the
Internet, this information is available on ADDRESSES: You may submit comments
identified by docket number USCG–
eLibrary. The full text of this document
2009–0106 using any one of the
is available on eLibrary in PDF and
following methods:
Microsoft Word format for viewing,
(1) Federal eRulemaking Portal:
printing, and/or downloading. To access
https://www.regulations.gov.
this document in eLibrary, type the
(2) Fax: 202–493–2251.
docket number excluding the last three
(3) Mail: Docket Management Facility
digits of this document in the docket
(M–30), U.S. Department of
number field.
Transportation, West Building Ground
157. User assistance is available for
eLibrary and the FERC’s Web site during Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
normal business hours from FERC
0001.
Online Support at 202–502–6652 (toll
(4) Hand delivery: Same as mail
free at 1–866–208–3676) or e-mail at
address above, between 9 a.m. and 5
ferconlinesupport@ferc.gov, or the
p.m., Monday through Friday, except
Public Reference Room at (202) 502–
Federal holidays. The telephone number
8371, TTY (202) 502–8659. E-mail the
is 202–366–9329.
Public Reference Room at
To avoid duplication, please use only
public.referenceroom@ferc.gov.
one of these methods. For instructions
By direction of the Commission.
on submitting comments, see the
Kimberly D. Bose,
‘‘Public Participation and Request for
Comments’’ portion of the
Secretary.
SUPPLEMENTARY INFORMATION section
[FR Doc. E9–6505 Filed 3–24–09; 8:45 am]
below.
BILLING CODE 6717–01–P
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Dennis Sens, Project Manager,
DEPARTMENT OF HOMELAND
Fifth Coast Guard District, Prevention
SECURITY
Division, at 757–398–6204 or e-mail at
Coast Guard
Dennis.M.Sens@uscg.mil. If you have
questions on viewing or submitting
33 CFR Part 100
material to the docket, call Renee V.
Wright, Program Manager, Docket
[Docket No. USCG–2009–0106]
Operations, telephone 202–366–9826.
RIN 1625–AA08
SUPPLEMENTARY INFORMATION:
Special Local Regulation for Marine
Events; Temporary Change of Dates
for Recurring Marine Events in the
Fifth Coast Guard District
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the enforcement
period of special local regulations for
recurring marine events in the Fifth
Coast Guard District. These regulations
apply to only five recurring marine
events that conduct on water activities
such as power boat races, swimming
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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 https://
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–2009–0106),
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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, or by fax, mail or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
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
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0106’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them 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
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0106 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
either 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;
or the Fifth Coast Guard District,
Prevention Division, 431 Crawford
Street, Portsmouth, VA 23704, between
10 a.m. and 2 p.m., Monday through
Friday, except Federal holidays. We
have an agreement with the Department
of Transportation to use the Docket
Management Facility.
PWALKER on PROD1PC71 with PROPOSALS
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
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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 to the Docket Management
Facility at the address under ADDRESSES
explaining why one 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.
Background and Purpose
Marine events are frequently held on
the navigable waters within the
boundary of the Fifth Coast Guard
District. The on-water activities that
typically comprise marine events
include sailing regattas, powerboat
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 proposes to
temporarily change the enforcement
period of special local regulations for
recurring marine events within the Fifth
Coast Guard District. This proposed
regulation applies to five marine events
in 33 CFR 100.501, Table to § 100.501.
Annually, the District of Columbia
Aquatics Club sponsors the ‘‘Maryland
Swim for Life,’’ on the waters of the
Chester River near Chestertown, MD.
The regulation at 33 CFR 100.501 is
effective annually for the Maryland
Swim for Life marine event. The event
is an open water swimming competition
held on the waters of the Chester River,
near Chestertown, Maryland.
Approximately 150 swimmers will start
from Rolph’s Wharf and swim up-river
2.5 miles then swim downriver
returning back to Rolph’s Wharf. A large
fleet of support vessels accompany the
swimmers. Therefore, to ensure the
safety of participants and support
vessels, 33 CFR 100.501 would be
enforced for the duration of the event.
Under provisions of 33 CFR 100.501,
from 5:30 a.m. to 2:30 p.m. on July 11,
2009, vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander. Vessel traffic may be
allowed to transit the regulated area
only when the Patrol Commander
determines it is safe to do so.
On June 6, 2009, the Rappahannock
River Boaters Association (RRBA) will
sponsor the ‘‘2009 RRBA Spring Radar
Shootout,’’ on the waters of the
Rappahannock River near Layton,
Virginia. The regulation at 33 CFR
100.501 is effective annually for this
river boat race marine event. The event
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consists of approximately 35
powerboats participating in high-speed
competitive races, traveling along a 3mile straight line racecourse.
Participating boats race individually
within the designated course. A fleet of
spectator vessels is anticipated to gather
nearby to view the competition. Due to
the need for vessel control during the
event, vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels. The regulation at 33 CFR
100.501 would be enforced for the
duration of the event. Under provisions
of 33 CFR 100.501, from 12 p.m. to 5
p.m. on June 6, 2009, or rain date June
7, 2009, vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander.
Norfolk Festevents Ltd., Norfolk, VA
sponsors the annual ‘‘Norfolk Harborfest
Celebration,’’ on the waters of the
Elizabeth River between Norfolk and
Portsmouth, VA. The regulation at 33
CFR 100.501 is effective annually for the
Norfolk Harborfest marine event. This
annual celebration of Norfolk Harbor
consists of a variety of on the water
activities that include an Opening
Ceremony—Parade of Sail; jet ski, water
ski, wake board demonstrations; Fire
boat demonstrations; Lazy Lizzie
Anything That Floats Parade and Race;
Dinghy Parade; Search and Rescue
demonstrations by USCG & USN; and
Quick and Dirty Boat Race. Evening
pyrotechnic displays ‘‘fireworks’’ will
be fired from barge(s) on the Elizabeth
River as part of the Harborfest
celebration. A large fleet of spectator
vessels is anticipated to view the
Harborfest activities. Therefore, to
ensure the safety of participants,
spectators and transiting vessels, 33 CFR
100.501 would be enforced for the
duration of the event. Under provisions
of 33 CFR 100.501, from 9 a.m. July 3,
2009 to 11 p.m. on July 5, 2009, vessels
may not enter the regulated area unless
they receive permission from the Coast
Guard Patrol Commander. Vessel traffic
will be allowed to transit the regulated
area between on the water events, when
the Patrol Commander determines it is
safe to do so.
The Offshore Performance
Association (OPA) Racing LLC annually
sponsors the ‘‘Offshore Grand Prix,’’ on
the waters of the North Atlantic Ocean
near Ocean City, MD. The regulation at
33 CFR 100.501 is effective annually for
the Ocean City Offshore race marine
event. The event is conducted on the
waters of the North Atlantic Ocean
along the shoreline near Ocean City,
MD. The event consists of
approximately 50 V-hull and twin-hull
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inboard hydroplanes racing in heats
counter-clockwise around an oval race
course. A fleet of spectator vessels is
anticipated to gather nearby to view the
competition. Therefore, to ensure the
safety of participants, spectators and
transiting vessels, 33 CFR 100.501
would be enforced for the duration of
the event. Under provisions of 33 CFR
100.501, from 10 a.m. May 30, 2009 to
5 p.m. on May 31, 2009, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander. Due to the
need for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels.
The Carolina Cup Regatta, Inc.
annually sponsors a power boat race on
the waters of the Pasquotank River near
Elizabeth City, NC. The regulation at 33
CFR 100.501 is effective annually for
this power boat race marine event. The
event consists of approximately 25
inboard hydroplanes racing in counter
clockwise heats around an oval race
course. A fleet of spectator vessels is
anticipated to gather nearby to view the
competition. Therefore, to ensure the
safety of participants, spectators and
transiting vessels, 33 CFR 100.501 will
be enforced for the duration of the
event. Under provisions of 33 CFR
100.501, from 9 a.m. May 16, 2009 to 5
p.m. on May 17, 2009, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander. Due to the
need for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels.
PWALKER on PROD1PC71 with PROPOSALS
Discussion of Proposed Rule
The Coast Guard proposes to
temporarily suspend the regulations at
33 CFR 100.501 by changing the date of
enforcement in the table to § 100.501.
The Coast Guard proposes to
temporarily change the enforcement
period of special local regulations for
recurring marine events within the Fifth
Coast Guard District. This regulation
applies to five marine events listed in
the Table to § 100.501 and are listed as
follows.
Chester River, Chestertown, MD
The Table to § 100.501, event No. 21
establishes the enforcement date for the
Maryland Swim for Life. This regulation
proposes to temporarily change the
enforcement date from ‘‘June—3rd
Saturday or July—3rd Saturday’’ to the
second Saturday in July, holding the
marine event on July 11, 2009. The
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District of Columbia Aquatics Club,
which is the sponsor for this event,
intends to hold this event annually;
however, they have changed the date of
the event for 2009 so that it is outside
the scope of the existing enforcement
period. Due to the need for vessel
control while swimmers are in the water
along the Chester River, vessel traffic
would be temporarily restricted to
provide for the safety of participants,
spectators and transiting vessels.
Rappahannock River, Layton, VA
The Table to § 100.501, event No. 40
establishes the enforcement date for the
‘‘2009 RRBA Spring Radar Shootout’’.
This regulation proposes to temporarily
change the enforcement date from
‘‘June—last Saturday’’ to the first
Saturday in June, holding the marine
event on June 6, 2009. The temporary
special local regulations will be
enforced from 12 p.m. to 5 p.m. on June
6, 2009, and will restrict general
navigation in the regulated area during
the event. The Rappahannock River
Boaters Association (RRBA), which is
the sponsor for this event, intends to
hold this event annually; however, they
have changed the date of the event for
2009 so that it is outside the scope of
the existing enforcement period. Except
for participants and vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel will be allowed to
enter or remain in the regulated area.
These regulations are needed to control
vessel traffic during the event to
enhance the safety of participants,
spectators and transiting vessels.
Elizabeth River, Norfolk, VA
The Table to § 100.501, event No. 37
establishes the enforcement date for
Norfolk Harborfest. This regulation
proposes to temporarily change the
enforcement date from ‘‘June—1st
Friday, Saturday and Sunday’’ to the
first Friday, Saturday and Sunday in
July, holding the marine event on July
3, through July 5, 2009. The Norfolk
Festevents Ltd., which is the sponsor for
this event, intends to hold this event
annually; however, they have changed
the date of the event for 2009 so that it
is outside the scope of the existing
enforcement period. Due to the need for
vessel control during various on water
activities along the Elizabeth River,
vessel traffic would be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels.
North Atlantic Ocean, Ocean City, MD
The Table to § 100.501, event No. 38
establishes the enforcement date for the
Ocean City Maryland Offshore Grand
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Prix. This regulation proposes to
temporarily change the enforcement
date from ‘‘June—1st Friday and
Saturday’’ to the last Saturday and
Sunday in May, holding the marine
event on May 30 and 31, 2009. The
Offshore Performance Association
(OPA) Racing LLC, which is the sponsor
for this event, intends to hold this event
annually; however, they have changed
the date of the event for 2009 so that it
is outside the scope of the existing
enforcement period. Due to the need for
vessel control while high performance
power boats race along the shoreline at
Ocean City, MD, vessel traffic would be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels.
Pasquotank River, Elizabeth City, NC
The Table to § 100.501, event No. 54
establishes the enforcement date for the
Carolina Cup Regatta. This regulation
proposes to temporarily change the
enforcement date from ‘‘June—2nd
Saturday and Sunday’’ to the third
Saturday and Sunday in May, holding
the marine event on May 16 and 17,
2009. The Carolina Cup Regatta Inc.,
which is the sponsor for this event,
intends to hold this event annually;
however, they have changed the date of
the event for 2009 so that it is outside
the scope of the existing enforcement
period. Due to the need for vessel
control while high performance power
boats race along the Pasquotank River
near Elizabeth City, NC, vessel traffic
would be temporarily restricted to
provide for the safety of participants,
spectators and transiting vessels.
Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated areas
during the effective period. The
regulated area is needed to control
vessel traffic during the event to
enhance the safety of participants and
transiting vessels.
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 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.
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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, 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.
Although this proposed rule prevents
traffic from transiting a portion of
certain waterways during specified
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 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 § 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.
PWALKER on PROD1PC71 with PROPOSALS
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 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 areas where marine
events are being held. This regulation
will not have a significant impact on a
substantial number of small entities
because it will be enforced only during
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 events are 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
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through the regulated area. 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 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 Fifth Coast
Guard District listed under FOR FURTHER
INFORMATION CONTACT at the beginning of
this rule. 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 State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed 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 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.
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Taking of Private Property
This proposed rule would 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 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
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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 Directive 0023.1 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
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. Therefore, this
rule is categorically excluded, under
section 2.B.2. Figure 2–1, paragraph
34(h), of the Instruction and neither an
Number
Date
12773
environmental assessment nor an
environmental impact statement is
required. 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
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. We seek any
comments or information that may lead
to discovery of a significant
environmental impact from this
proposed rule.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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:
§ 100.501–T05–0106 Special Local
Regulations; Marine Events in the Fifth
Coast Guard District.
Event
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. In the Table to § 100.501, suspend
line Nos. 21, 37, 38, 40 and 54 from May
15, 2009 to July 15, 2009; and
a. From 5:30 a.m. to 2:30 p.m., on July
11, 2009, add line No. 58;
b. From 12 p.m. to 5 p.m., on June 6,
2009, add line No. 59;
c. From 9 a.m., July 3, 2009 to 11
p.m., July 5, 2009, add line No. 60;
d. From 10 a.m., May 30, 2009 to 5
p.m., May 31, 2009, add line No. 61; and
e. From 9 a.m., May 16, 2009 to 5
p.m., May 17, 2009, add line No. 62.
The additions read as follows:
*
*
*
*
*
Table To § 100.501.—All coordinates
listed in the Table to § 100.501
Reference Datum NAD 1983.
Sponsor
Location
Coast Guard Sector Baltimore—COTP Zone
58 ......
*
*
*
July 11, 2009 ........... Maryland Swim for
Life.
*
District of Columbia
Aquatics Club.
*
*
*
The waters of the Chester River from shoreline to shoreline,
bounded on the south by a line drawn at latitude 39°10′16″ N,
near the Chester River Channel Buoy 35 (LLN–26795) and
bounded on the north at latitude 39°12′30″ N by the Maryland
S.R. 213 Highway Bridge.
Coast Guard Sector Hampton Roads—COTP Zone
PWALKER on PROD1PC71 with PROPOSALS
59 ......
June 6, 2009; rain
RRBA Spring Radar
date: June 7, 2009.
Shootout.
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Rappahannock River
Boaters Association (RRBA).
Frm 00039
Fmt 4702
The waters of the Rappahannock River, adjacent to Layton, VA,
from shoreline to shoreline, bounded on the west by a line
running along longitude 076°58′30″ W, and bounded on the
east by a line running along longitude 076°56′00″ W.
Sfmt 4702
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12774
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Proposed Rules
Number
Date
Event
60 ......
July 3, 2009–July 5,
2009.
Norfolk Harborfest ....
Norfolk Festevents,
Ltd.
61 ......
May 30, 2009–May
31, 2009.
Ocean City Maryland
Offshore Grand
Prix.
Offshore Performance Association,
OPA Racing, LLC.
Sponsor
Location
The waters of the Elizabeth River and its branches from shore
to shore, bounded to the northwest by a line drawn across
the Port Norfolk Reach section of the Elizabeth River between
the northern corner of the landing at Hospital Point, Portsmouth, Virginia, latitude 36°50′51.″ N, longitude 076°18′09.0″
W and the north corner of the City of Norfolk Mooring Pier at
the foot of Brooks Avenue located at latitude 36°51′00.0″ N,
longitude 076°17′52.0″ W; bounded on the southwest by a
line drawn from the southern corner of the landing at Hospital
Point, Portsmouth, Virginia, at latitude 36°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern
most pier at the Tidewater Yacht Agency Marina, located at
latitude 36°50′29.0″ N, longitude 076°17′52.0″ W; bounded to
the south by a line drawn across the Lower Reach of the
Southern Branch of the Elizabeth River, between the Portsmouth Lightship Museum located at the foot of London Boulevard, in Portsmouth, Virginia at latitude 36°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located
at latitude 36°50′08.0″ N, longitude 076°17′39.0″ W; and to
the southeast by the Berkley Bridge which crosses the Eastern Branch of the Elizabeth River between Berkley at latitude
36°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W.
The waters of the Atlantic Ocean commencing at a point on the
shoreline at latitude 38°25′42″ N, longitude 075°03′06″ W;
thence east southeast to latitude 38°25′30″ N, longitude
075°02′12″ W, thence south southwest parallel to the Ocean
City shoreline to latitude 38°19′12″ N, longitude 075°03′48″
W; thence west northwest to the shoreline at latitude
38°19′30″ N, longitude 075°05′00″ W. The waters of the Atlantic Ocean bounded by a line drawn from a position along
the shoreline near Ocean City, MD at latitude 38°22′25.2″ N,
longitude 075°03′49.4″ W, thence easterly to latitude
38°22′00.4″ N, longitude 075°02′34.8″ W, thence southwesterly to latitude 38°19′35.9″ N, longitude 075°03′35.4″ W,
thence westerly to a position near the shoreline at latitude
38°20′05″ N, longitude 075°04′48.4″ W, thence northerly
along the shoreline to the point of origin.
Coast Guard Sector North Carolina—COTP Zone
62 ......
*
*
May 16, 2009–May
17, 2009.
*
*
Carolina Cup Regatta.
*
Dated: March 16, 2009.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth
Coast Guard District, Acting.
[FR Doc. E9–6424 Filed 3–24–09; 8:45 am]
The Carolina Cup
Regatta Inc.
The waters of the Pasquotank River, adjacent to Elizabeth City,
NC, from shoreline to shoreline, bounded on the west by the
Elizabeth City Draw Bridge and bounded on the east by a line
originating at a point along the shoreline at latitude 36°17′54″
N, longitude 076°12′00″ W, thence southwesterly to latitude
36°17′35″ N, longitude 076°12′18″ W at Cottage Point.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–1186–200821(b);
FRL–8781–4]
PWALKER on PROD1PC71 with PROPOSALS
BILLING CODE 4910–15–P
Approval and Promulgation of Air
Quality Implementation Plans:
Kentucky; Approval of Section
110(a)(1) Maintenance Plans for the
1997 8-Hour Ozone Standard for the
Huntington—Ashland Area, Lexington
Area and Edmonson County
AGENCY: Environmental Protection
Agency (EPA).
ACTION:
VerDate Nov<24>2008
01:22 Mar 25, 2009
Jkt 217001
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Frm 00040
Fmt 4702
Sfmt 4702
SUMMARY: EPA is proposing to approve
revisions to the Kentucky State
Implementation Plan (SIP) concerning
the 8-hour ozone maintenance plans
addressing the 1997 8-hour ozone
standard for the following areas: the
Kentucky portion of the HuntingtonAshland Area (a portion of Greenup
County); Lexington Area (Fayette and
Scott Counties); and Edmonson County.
These maintenance plans were
submitted for EPA action on May 27,
2008, by the Commonwealth of
Kentucky and ensure the continued
attainment of the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) through the year 2020. These
plans meet the statutory and regulatory
requirements, and are consistent with
EPA’s guidance. EPA is proposing to
E:\FR\FM\25MRP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12769-12774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6424]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0106]
RIN 1625-AA08
Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period of special local regulations for recurring marine events in the
Fifth Coast Guard District. These regulations apply to only five
recurring marine events that conduct on water activities such as power
boat races, swimming competitions, and harbor celebrations. Special
local regulations are 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 Chester River, MD; Rappahannock
River, VA; Elizabeth River, Southern Branch, VA; North Atlantic Ocean,
Ocean City, MD; and Pasquotank River during each event.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before April 24,
2009 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0106 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Dennis Sens, Project Manager, Fifth Coast Guard District,
Prevention Division, at 757-398-6204 or e-mail at
Dennis.M.Sens@uscg.mil. 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 https://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-2009-0106),
[[Page 12770]]
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, or by fax, mail or
hand delivery, but please use only one of these means. We recommend
that you include your name and a mailing address, an e-mail address, or
a phone 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 https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0106'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. 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 them 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 https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0106 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either 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; or the Fifth Coast
Guard District, Prevention Division, 431 Crawford Street, Portsmouth,
VA 23704, between 10 a.m. and 2 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
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 to the Docket Management Facility at the address under
ADDRESSES explaining why one 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.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on-water activities
that typically comprise marine events include sailing regattas,
powerboat 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 proposes to temporarily change the enforcement
period of special local regulations for recurring marine events within
the Fifth Coast Guard District. This proposed regulation applies to
five marine events in 33 CFR 100.501, Table to Sec. 100.501.
Annually, the District of Columbia Aquatics Club sponsors the
``Maryland Swim for Life,'' on the waters of the Chester River near
Chestertown, MD. The regulation at 33 CFR 100.501 is effective annually
for the Maryland Swim for Life marine event. The event is an open water
swimming competition held on the waters of the Chester River, near
Chestertown, Maryland. Approximately 150 swimmers will start from
Rolph's Wharf and swim up-river 2.5 miles then swim downriver returning
back to Rolph's Wharf. A large fleet of support vessels accompany the
swimmers. Therefore, to ensure the safety of participants and support
vessels, 33 CFR 100.501 would be enforced for the duration of the
event. Under provisions of 33 CFR 100.501, from 5:30 a.m. to 2:30 p.m.
on July 11, 2009, vessels may not enter the regulated area unless they
receive permission from the Coast Guard Patrol Commander. Vessel
traffic may be allowed to transit the regulated area only when the
Patrol Commander determines it is safe to do so.
On June 6, 2009, the Rappahannock River Boaters Association (RRBA)
will sponsor the ``2009 RRBA Spring Radar Shootout,'' on the waters of
the Rappahannock River near Layton, Virginia. The regulation at 33 CFR
100.501 is effective annually for this river boat race marine event.
The event consists of approximately 35 powerboats participating in
high-speed competitive races, traveling along a 3-mile straight line
racecourse. Participating boats race individually within the designated
course. A fleet of spectator vessels is anticipated to gather nearby to
view the competition. Due to the need for vessel control during the
event, vessel traffic will be temporarily restricted to provide for the
safety of participants, spectators and transiting vessels. The
regulation at 33 CFR 100.501 would be enforced for the duration of the
event. Under provisions of 33 CFR 100.501, from 12 p.m. to 5 p.m. on
June 6, 2009, or rain date June 7, 2009, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander.
Norfolk Festevents Ltd., Norfolk, VA sponsors the annual ``Norfolk
Harborfest Celebration,'' on the waters of the Elizabeth River between
Norfolk and Portsmouth, VA. The regulation at 33 CFR 100.501 is
effective annually for the Norfolk Harborfest marine event. This annual
celebration of Norfolk Harbor consists of a variety of on the water
activities that include an Opening Ceremony--Parade of Sail; jet ski,
water ski, wake board demonstrations; Fire boat demonstrations; Lazy
Lizzie Anything That Floats Parade and Race; Dinghy Parade; Search and
Rescue demonstrations by USCG & USN; and Quick and Dirty Boat Race.
Evening pyrotechnic displays ``fireworks'' will be fired from barge(s)
on the Elizabeth River as part of the Harborfest celebration. A large
fleet of spectator vessels is anticipated to view the Harborfest
activities. Therefore, to ensure the safety of participants, spectators
and transiting vessels, 33 CFR 100.501 would be enforced for the
duration of the event. Under provisions of 33 CFR 100.501, from 9 a.m.
July 3, 2009 to 11 p.m. on July 5, 2009, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander. Vessel traffic will be allowed to transit the
regulated area between on the water events, when the Patrol Commander
determines it is safe to do so.
The Offshore Performance Association (OPA) Racing LLC annually
sponsors the ``Offshore Grand Prix,'' on the waters of the North
Atlantic Ocean near Ocean City, MD. The regulation at 33 CFR 100.501 is
effective annually for the Ocean City Offshore race marine event. The
event is conducted on the waters of the North Atlantic Ocean along the
shoreline near Ocean City, MD. The event consists of approximately 50
V-hull and twin-hull
[[Page 12771]]
inboard hydroplanes racing in heats counter-clockwise around an oval
race course. A fleet of spectator vessels is anticipated to gather
nearby to view the competition. Therefore, to ensure the safety of
participants, spectators and transiting vessels, 33 CFR 100.501 would
be enforced for the duration of the event. Under provisions of 33 CFR
100.501, from 10 a.m. May 30, 2009 to 5 p.m. on May 31, 2009, vessels
may not enter the regulated area unless they receive permission from
the Coast Guard Patrol Commander. Due to the need for vessel control
during the event, vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels.
The Carolina Cup Regatta, Inc. annually sponsors a power boat race
on the waters of the Pasquotank River near Elizabeth City, NC. The
regulation at 33 CFR 100.501 is effective annually for this power boat
race marine event. The event consists of approximately 25 inboard
hydroplanes racing in counter clockwise heats around an oval race
course. A fleet of spectator vessels is anticipated to gather nearby to
view the competition. Therefore, to ensure the safety of participants,
spectators and transiting vessels, 33 CFR 100.501 will be enforced for
the duration of the event. Under provisions of 33 CFR 100.501, from 9
a.m. May 16, 2009 to 5 p.m. on May 17, 2009, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander. Due to the need for vessel control during the event,
vessel traffic will be temporarily restricted to provide for the safety
of participants, spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.501 by changing the date of enforcement in the table to
Sec. 100.501. The Coast Guard proposes to temporarily change the
enforcement period of special local regulations for recurring marine
events within the Fifth Coast Guard District. This regulation applies
to five marine events listed in the Table to Sec. 100.501 and are
listed as follows.
Chester River, Chestertown, MD
The Table to Sec. 100.501, event No. 21 establishes the
enforcement date for the Maryland Swim for Life. This regulation
proposes to temporarily change the enforcement date from ``June--3rd
Saturday or July--3rd Saturday'' to the second Saturday in July,
holding the marine event on July 11, 2009. The District of Columbia
Aquatics Club, which is the sponsor for this event, intends to hold
this event annually; however, they have changed the date of the event
for 2009 so that it is outside the scope of the existing enforcement
period. Due to the need for vessel control while swimmers are in the
water along the Chester River, vessel traffic would be temporarily
restricted to provide for the safety of participants, spectators and
transiting vessels.
Rappahannock River, Layton, VA
The Table to Sec. 100.501, event No. 40 establishes the
enforcement date for the ``2009 RRBA Spring Radar Shootout''. This
regulation proposes to temporarily change the enforcement date from
``June--last Saturday'' to the first Saturday in June, holding the
marine event on June 6, 2009. The temporary special local regulations
will be enforced from 12 p.m. to 5 p.m. on June 6, 2009, and will
restrict general navigation in the regulated area during the event. The
Rappahannock River Boaters Association (RRBA), which is the sponsor for
this event, intends to hold this event annually; however, they have
changed the date of the event for 2009 so that it is outside the scope
of the existing enforcement period. Except for participants and vessels
authorized by the Coast Guard Patrol Commander, no person or vessel
will be allowed to enter or remain in the regulated area. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.
Elizabeth River, Norfolk, VA
The Table to Sec. 100.501, event No. 37 establishes the
enforcement date for Norfolk Harborfest. This regulation proposes to
temporarily change the enforcement date from ``June--1st Friday,
Saturday and Sunday'' to the first Friday, Saturday and Sunday in July,
holding the marine event on July 3, through July 5, 2009. The Norfolk
Festevents Ltd., which is the sponsor for this event, intends to hold
this event annually; however, they have changed the date of the event
for 2009 so that it is outside the scope of the existing enforcement
period. Due to the need for vessel control during various on water
activities along the Elizabeth River, vessel traffic would be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.
North Atlantic Ocean, Ocean City, MD
The Table to Sec. 100.501, event No. 38 establishes the
enforcement date for the Ocean City Maryland Offshore Grand Prix. This
regulation proposes to temporarily change the enforcement date from
``June--1st Friday and Saturday'' to the last Saturday and Sunday in
May, holding the marine event on May 30 and 31, 2009. The Offshore
Performance Association (OPA) Racing LLC, which is the sponsor for this
event, intends to hold this event annually; however, they have changed
the date of the event for 2009 so that it is outside the scope of the
existing enforcement period. Due to the need for vessel control while
high performance power boats race along the shoreline at Ocean City,
MD, vessel traffic would be temporarily restricted to provide for the
safety of participants, spectators and transiting vessels.
Pasquotank River, Elizabeth City, NC
The Table to Sec. 100.501, event No. 54 establishes the
enforcement date for the Carolina Cup Regatta. This regulation proposes
to temporarily change the enforcement date from ``June--2nd Saturday
and Sunday'' to the third Saturday and Sunday in May, holding the
marine event on May 16 and 17, 2009. The Carolina Cup Regatta Inc.,
which is the sponsor for this event, intends to hold this event
annually; however, they have changed the date of the event for 2009 so
that it is outside the scope of the existing enforcement period. Due to
the need for vessel control while high performance power boats race
along the Pasquotank River near Elizabeth City, NC, vessel traffic
would be temporarily restricted to provide for the safety of
participants, spectators and transiting vessels.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
areas during the effective period. The regulated area is needed to
control vessel traffic during the event to enhance the safety of
participants and transiting vessels.
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 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.
[[Page 12772]]
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,
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.
Although this proposed rule prevents traffic from transiting a
portion of certain waterways during specified 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 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 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 areas where
marine events are being held. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during 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
events are 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.
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 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 Fifth Coast Guard District
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this
rule. 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed 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 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 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 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
[[Page 12773]]
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 Directive 0023.1 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 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. Therefore, this rule is categorically
excluded, under section 2.B.2. Figure 2-1, paragraph 34(h), of the
Instruction and neither an environmental assessment nor an
environmental impact statement is required. 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 Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
We seek any comments or information that may lead to 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 the Table to Sec. 100.501, suspend line Nos. 21, 37, 38, 40
and 54 from May 15, 2009 to July 15, 2009; and
a. From 5:30 a.m. to 2:30 p.m., on July 11, 2009, add line No. 58;
b. From 12 p.m. to 5 p.m., on June 6, 2009, add line No. 59;
c. From 9 a.m., July 3, 2009 to 11 p.m., July 5, 2009, add line No.
60;
d. From 10 a.m., May 30, 2009 to 5 p.m., May 31, 2009, add line No.
61; and
e. From 9 a.m., May 16, 2009 to 5 p.m., May 17, 2009, add line No.
62.
The additions read as follows:
Sec. 100.501-T05-0106 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.
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
58........... July 11, 2009...... Maryland Swim for District of The waters of the Chester River
Life. Columbia Aquatics from shoreline to shoreline,
Club. bounded on the south by a line
drawn at latitude 39[deg]10'16''
N, near the Chester River Channel
Buoy 35 (LLN-26795) and bounded
on the north at latitude
39[deg]12'30'' N by the Maryland
S.R. 213 Highway Bridge.
----------------------------------------------------------------------------------------------------------------
Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
59........... June 6, 2009; rain RRBA Spring Radar Rappahannock River The waters of the Rappahannock
date: June 7, 2009. Shootout. Boaters River, adjacent to Layton, VA,
Association (RRBA). from shoreline to shoreline,
bounded on the west by a line
running along longitude
076[deg]58'30'' W, and bounded on
the east by a line running along
longitude 076[deg]56'00'' W.
[[Page 12774]]
60........... July 3, 2009-July Norfolk Harborfest. Norfolk Festevents, The waters of the Elizabeth River
5, 2009. Ltd. and its branches from shore to
shore, bounded to the northwest
by a line drawn across the Port
Norfolk Reach section of the
Elizabeth River between the
northern corner of the landing at
Hospital Point, Portsmouth,
Virginia, latitude
36[deg]50'51.'' N, longitude
076[deg]18'09.0'' W and the north
corner of the City of Norfolk
Mooring Pier at the foot of
Brooks Avenue located at latitude
36[deg]51'00.0'' N, longitude
076[deg]17'52.0'' W; bounded on
the southwest by a line drawn
from the southern corner of the
landing at Hospital Point,
Portsmouth, Virginia, at latitude
36[deg]50'50.0'' N, longitude
076[deg]18'10.0'' W, to the
northern end of the eastern most
pier at the Tidewater Yacht
Agency Marina, located at
latitude 36[deg]50'29.0'' N,
longitude 076[deg]17'52.0'' W;
bounded to the south by a line
drawn across the Lower Reach of
the Southern Branch of the
Elizabeth River, between the
Portsmouth Lightship Museum
located at the foot of London
Boulevard, in Portsmouth,
Virginia at latitude
36[deg]50'10.0'' N, longitude
076[deg]17'47.0'' W, and the
northwest corner of the Norfolk
Shipbuilding & Drydock, Berkley
Plant, Pier No. 1, located at
latitude 36[deg]50'08.0'' N,
longitude 076[deg]17'39.0'' W;
and to the southeast by the
Berkley Bridge which crosses the
Eastern Branch of the Elizabeth
River between Berkley at latitude
36[deg]50'21.5'' N, longitude
076[deg]17'14.5'' W, and Norfolk
at latitude 36[deg]50'35.0'' N,
longitude 076[deg]17'10.0'' W.
61........... May 30, 2009-May Ocean City Maryland Offshore The waters of the Atlantic Ocean
31, 2009. Offshore Grand Performance commencing at a point on the
Prix. Association, OPA shoreline at latitude
Racing, LLC. 38[deg]25'42'' N, longitude
075[deg]03'06'' W; thence east
southeast to latitude
38[deg]25'30'' N, longitude
075[deg]02'12'' W, thence south
southwest parallel to the Ocean
City shoreline to latitude
38[deg]19'12'' N, longitude
075[deg]03'48'' W; thence west
northwest to the shoreline at
latitude 38[deg]19'30'' N,
longitude 075[deg]05'00'' W. The
waters of the Atlantic Ocean
bounded by a line drawn from a
position along the shoreline near
Ocean City, MD at latitude
38[deg]22'25.2'' N, longitude
075[deg]03'49.4'' W, thence
easterly to latitude
38[deg]22'00.4'' N, longitude
075[deg]02'34.8'' W, thence
southwesterly to latitude
38[deg]19'35.9'' N, longitude
075[deg]03'35.4'' W, thence
westerly to a position near the
shoreline at latitude
38[deg]20'05'' N, longitude
075[deg]04'48.4'' W, thence
northerly along the shoreline to
the point of origin.
----------------------------------------------------------------------------------------------------------------
Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
62........... May 16, 2009-May Carolina Cup The Carolina Cup The waters of the Pasquotank
17, 2009. Regatta. Regatta Inc. River, adjacent to Elizabeth
City, NC, from shoreline to
shoreline, bounded on the west by
the Elizabeth City Draw Bridge
and bounded on the east by a line
originating at a point along the
shoreline at latitude
36[deg]17'54'' N, longitude
076[deg]12'00'' W, thence
southwesterly to latitude
36[deg]17'35'' N, longitude
076[deg]12'18'' W at Cottage
Point.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: March 16, 2009.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E9-6424 Filed 3-24-09; 8:45 am]
BILLING CODE 4910-15-P
