Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, 22095-22100 [E9-11056]
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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations
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Revocation of Antidumping Duty Order,
and Termination of Five-Year (Sunset)
Review of Antidumping Duty Order
published in the Federal Register on
April 6, 2009 (74 FR 15435). As a result,
the MCILS is no longer necessary and
Commerce is removing the regulations
pertaining to it. Commerce will also
discontinue the associated collection-ofinformation authorization provided by
the Office of Management and Budget
under Control Number 0625–0259.
Classification
Executive Order 12866: This action
has been determined to be not
significant under E.O. 12866.
Administrative Procedure Act: The
Department of Commerce finds good
cause under 5 U.S.C. 553(b)(B) to waive
prior notice and opportunity for public
comment as it is contrary to the public
interest. The regulations implementing
the MCILS required all importers of
cement from Mexico covered by the
scope of the Cement Agreement to
obtain an import license from the
Department through the MCILS prior to
completing their U.S. Customs and
Border Protection entry summary
documentation. IA used the information
recorded via the MCILS to monitor
compliance with the Cement
Agreement. The Cement Agreement
provided that if all interested parties
had abided by its terms, Commerce
would terminate the Cement Agreement
on March 31, 2009, and would revoke
the underlying antidumping duty order.
All obligations of the Cement
Agreement were fulfilled; therefore,
Commerce terminated the Cement
Agreement on the agreed upon date.
Commerce also revoked the underlying
antidumping duty order effective April
1, 2009. See 74 FR 15435. Accordingly,
it is no longer necessary to collect
licensing information via the MCILS,
and is therefore in the public interest to
discontinue regulations requiring
importers to use, and for IA to maintain,
the MCILS. If the Department continued
to allow the operation of the MCILS, the
public would be unduly burdened by
the MCILS regulations. For the above
reasons, the Department waives the
notice and comment rulemaking
requirements of 5 U.S.C. 553(b)(B) and
issues this rule in final form.
The Department of Commerce finds
good cause under 5 U.S.C. 553(d)(1) to
waive the 30-day delay in effectiveness
as this rule relieves a restriction. This
rule removes the regulations requiring
all importers of cement from Mexico
covered by the scope of the Cement
Agreement to obtain an import license
from the Department prior to
completing their U.S. Customs and
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13:58 May 11, 2009
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Border Protection entry summary
documentation because it is no longer
necessary to collect this information.
Pursuant to the terms of the Agreement,
the Department terminated the Cement
Agreement on March 31, 2009, and
revoked the underlying antidumping
duty order effective April 1, 2009. See
74 FR 15435. Because it is no longer
necessary to collect the information
through the MCILS, the Department
discontinues the MCILS, and removes
the related implementing regulations
through this final rule. The removal of
the MCILS regulations constitutes a
relief of a restriction as importers of
cement from Mexico would no longer be
required to obtain an import license
from the Department. In order to
implement this action immediately, the
Department makes this rule effective
upon publication.
Regulatory Flexibility Act: Because
notice and opportunity for comment are
not required pursuant to 5 U.S.C. 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis is not required and
has not been prepared.
List of Subjects in 19 CFR Part 361
Mexican Cement Import Licensing
System.
Accordingly, pursuant to 13 U.S.C.
301(a) and 302, and section XI of the
Cement Agreement, the Department is
removing 19 CFR Part 361 in its
entirety.
■
Dated: May 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–10955 Filed 5–11–09; 8:45 am]
BILLING CODE 3510–DS–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily changing the enforcement
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22095
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 events. 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, Elizabeth, NC during
each event.
DATES: Effective May 15, 2009, through
July 12, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0106 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
2009–0106 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call 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 the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 25, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulation for
Marine Events; Temporary Change of
Dates for Recurring Marine Events in the
Fifth Coast Guard District in the Federal
Register (74 FR 12769). We received no
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. The necessary information
regarding change of dates for these
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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations
annual recurring marine events were not
provided to the Coast Guard in
sufficient time. The potential dangers
posed by high speed power boat races
conducted on the waterways with other
vessel traffic makes special local
regulations necessary. Delaying the
effective date would be contrary to the
public interest, since immediate action
is needed to ensure the safety of the
event participants, support vessels,
spectator craft and other vessels
transiting the event area. However,
advance notifications will be made to
users of the affected waterways via
marine information broadcasts, local
notice to mariners, commercial radio
stations and area newspapers.
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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, power boat
races, swim races and holiday parades.
For a description of the geographical
area of each Coast Guard Sector Marine
Inspection Zone and 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 down-river
returning back to Rolph’s Wharf. A large
fleet of support vessels accompanies 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.
This temporary final rule changes the
period of enforcement for this event
from the third Saturday in June or July
to 5:30 a.m. until 2:30 p.m. on July 11,
2009. During that period, 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.
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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 3mile straight line race course.
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. This temporary
final rule changes the period of
enforcement for this event from the last
Saturday in June to 12 p.m. until 5 p.m.
on June 6, 2009, or rain date June 7,
2009. During that period, 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
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
fireworks displays will be fired from
barges 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.
This temporary final rule changes the
period of enforcement for this event
from the first Friday, Saturday and
Sunday in June to 9 a.m. on July 3, 2009
until 11 p.m. on July 5, 2009. During
that period, 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 the water events, when the
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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
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. This temporary final rule
changes the period of enforcement for
this event from the first Friday and
Saturday in June to 10 a.m. on May 30,
2009 until 5 p.m. on May 31, 2009.
During that period, 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. This temporary final rule changes
the period of enforcement for this event
from the second Saturday and Sunday
in June to 9 a.m. on May 16, 2009 until
5 p.m. on May 17, 2009. During that
period, 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 Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Chester River,
Rappahannock River, Elizabeth River,
Pasquotank River and North Atlantic
Ocean.
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.
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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.
Although this 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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
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
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22097
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.
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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Civil Justice Reform
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
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Taking of Private Property
This rule will 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.
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a Statement of
Energy Effects under Executive Order
13211.
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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 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
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 are not
required for this 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 amends 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 § 100.501, amend Table to
§ 100.501, as follows:
■ a. Suspend line numbers 21, 37, 38,
40, and 54 from May 15, 2009 through
July 12, 2009.
■ b. Add temporary line numbers 58,
59, 60, 61, and 62, from May 15, 2009
through July 12, 2009 to the end of the
table to read as follows:
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
TABLE TO § 100.501—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983
Number
Date
*
Event
*
Sponsor
*
*
Location
*
*
*
Coast Guard Sector Baltimore—COTP Zone
*
58 ........
*
5:30 a.m. to 2:30 p.m.
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
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59 ........
12 p.m. to 5 p.m. June
6, 2009; rain date:
June 7, 2009.
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RRBA Spring Radar
Shootout.
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Rappahannock River
Boaters Association
(RRBA).
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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.
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22099
TABLE TO § 100.501—ALL COORDINATES LISTED IN THE TABLE TO § 100.501 REFERENCE DATUM NAD 1983—
Continued
Number
Date
Event
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′51.0″ 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.
60 ........
9 a.m. July 3, 2009 to
Norfolk Harborfest ......
11 p.m. July 5, 2009.
Norfolk Festevents, Ltd
61 ........
10 a.m. May 30, 2009
to 5 p.m. May 31,
2009.
Offshore Performance
Association, OPA
Racing, LLC.
Ocean City Maryland
Offshore Grand Prix.
Coast Guard Sector North Carolina—COTP Zone
erowe on PROD1PC64 with RULES
62 ........
9 a.m. May 16, 2009
to 5 p.m. May 17,
2009.
VerDate Nov<24>2008
13:58 May 11, 2009
Carolina Cup Regatta
Jkt 217001
PO 00000
The Carolina Cup Regatta Inc.
Frm 00011
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\12MYR1.SGM
12MYR1
22100
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations
Dated: April 27, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. E9–11056 Filed 5–11–09; 8:45 am]
BILLING CODE 4910–15–P
Regulatory Information
On November 13, 2008, we published
an Interim Rule with request for
comments (IR) entitled Security Zones;
Escorted Vessels, Mobile, AL, Captain of
the Port Zone in the Federal Register
(73 FR 67104). We received comments
from three commenters. No public
meeting was requested, and none was
held.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–1013]
RIN 1625–AA87
Security Zones; Escorted Vessels,
Mobile, AL, Captain of the Port Zone
Coast Guard, DHS.
Final rule.
AGENCY:
erowe on PROD1PC64 with RULES
ACTION:
SUMMARY: The Coast Guard is making
permanent an interim rule establishing
a security zone around any vessel being
escorted by one or more Coast Guard
assets, or other Federal, State, or local
law enforcement assets, within the
Captain of the Port Zone Mobile, AL.
This action is necessary to ensure the
safe transit and mooring of escorted
vessels as well as the safety and security
of personnel and port facilities. No
vessel or person is allowed inside the
security zone unless authorized by the
Captain of the Port Mobile, AL or a
designated representative.
DATES: This rule is effective June 11,
2009.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket USCG–2008–1013 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
2008–1013 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
two locations: The Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the Coast Guard Sector Mobile
Prevention Office located on South
Broad Street, Mobile, Alabama 36615,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call LT
Jonathan Mangum at Coast Guard Sector
VerDate Nov<24>2008
13:58 May 11, 2009
Jkt 217001
Mobile Prevention Department, at 251–
441–5940. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The terrorist attacks of September 11,
2001, heightened the need for
development of various security
measures throughout the seaports of the
United States, particularly around
vessels and facilities whose presence or
movement creates a heightened
vulnerability to terrorist acts; or those
for which the consequences of terrorist
acts represent a threat to national
security. The President of the United
States found that the security of the
United States is and continues to have
been endangered following the attacks
of September 11 (E.O. 13273, 67 FR
56215 (Sep. 3, 2002), and 73 FR 54489
(Sep. 18, 2008)). Additionally, national
security and intelligence officials
continue to warn that future terrorist
attacks are likely. The ports within the
Captain of the Port (COTP) Zone Mobile,
AL, as described in 33 CFR 3.40–10,
frequently receive vessels that require
additional security, including, but not
limited to, vessels carrying sensitive
Department of Defense cargoes, vessels
carrying dangerous cargoes, and foreign
naval vessels. The COTP has
determined that these vessels have a
significant vulnerability to subversive
activity by other vessels or persons, or,
in some cases, themselves pose a risk to
a port and the public within the COTP
Zone. This rule enables the COTP
Mobile to provide effective port
security, while minimizing the public’s
confusion and easing the administrative
burden of implementing separate
temporary security zone rules for each
escorted vessel.
Discussion of Comments and Changes
All three commenters expressed
concern that a 500-yard security zone
would exceed the width of some
navigable waters in the COTP Zone and
thereby effectively shutdown
navigation. These comments recognized
that the COTP Mobile intends to permit
vessels to transit through the zone if
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
such transit can be done safely, but the
commenters expressed concern that the
volume of maritime traffic in some of
the waterways may create congestion
and delays. We appreciate these
concerns, but it is imperative that the
law enforcement assets on-scene have
an adequately sized buffer zone around
the vessel to increase their ability to
distinguish threats and to respond to
threats that materialize. We also do not
believe that a 500-yard security zone,
even if extending bank-to-bank, will
appreciably affect commercial
navigation. Law enforcement assets onscene will be designated by the COTP
Mobile to allow safe transit through the
zone, which is now routinely done for
the many safety and security zones
throughout the COTP Mobile zone
without undue impact on navigation.
The IR and this Final Rule establish a
permanent mechanism for vessels
requiring escort instead of using the adhoc security zone processes that had
been COTP Mobile’s past practice, and
in doing so provide law enforcement
assets with the appropriate legal basis
and tools to ensure the security of the
marine transportation system.
Accordingly, this Final Rule does not
change the size of the security zones
established in the IR.
Two commenters expressed concern
with the IR’s provisions that allow, in
some instances, the continuation of a
security zone while the vessel is
moored, even when law enforcement
assets are not present. These
commenters explained that without law
enforcement assets on-scene the public
would not be aware of the existence of
the security zone, and there would be
no efficient mechanism for obtaining
approval from the COTP Mobile to
transit through the zone. In instances
where the security zone will continue
without law enforcement assets present,
the IR requires continued notice to the
public through visible signs and
markings and a Broadcast Notice to
Mariners. We believe these
requirements ensure sufficient notice to
the public regarding the establishment
of the security zone. However, we do
agree that the lack of law enforcement
assets on-scene in such cases could
decrease the COTP Mobile’s response to
requests to transit through the zone in
circumstances where that zone extends
bank-to-bank or well into a navigable
channel. Therefore, in the final rule, we
are amending the definition of an
escorted vessel to continue to permit the
continuation of a security zone under
this Final Rule for an escorted vessel
that is moored, but only when Coast
Guard or other Federal, State, or local
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Rules and Regulations]
[Pages 22095-22100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11056]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing 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 events. 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, Elizabeth, NC during each event.
DATES: Effective May 15, 2009, through July 12, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0106 and are available online by going to
https://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0106 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call 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 the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 25, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Events; Temporary
Change of Dates for Recurring Marine Events in the Fifth Coast Guard
District in the Federal Register (74 FR 12769). We received no 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. The necessary information
regarding change of dates for these
[[Page 22096]]
annual recurring marine events were not provided to the Coast Guard in
sufficient time. The potential dangers posed by high speed power boat
races conducted on the waterways with other vessel traffic makes
special local regulations necessary. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, support vessels, spectator
craft and other vessels transiting the event area. However, advance
notifications will be made to users of the affected waterways via
marine information broadcasts, local notice to mariners, commercial
radio stations and area newspapers.
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, power
boat races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector Marine Inspection Zone and
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 down-river
returning back to Rolph's Wharf. A large fleet of support vessels
accompanies 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. This temporary final rule changes the period
of enforcement for this event from the third Saturday in June or July
to 5:30 a.m. until 2:30 p.m. on July 11, 2009. During that period,
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
race course. 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. This temporary final rule changes the period of
enforcement for this event from the last Saturday in June to 12 p.m.
until 5 p.m. on June 6, 2009, or rain date June 7, 2009. During that
period, 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 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 fireworks displays will be fired from barges 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. This
temporary final rule changes the period of enforcement for this event
from the first Friday, Saturday and Sunday in June to 9 a.m. on July 3,
2009 until 11 p.m. on July 5, 2009. During that period, 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 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 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. This
temporary final rule changes the period of enforcement for this event
from the first Friday and Saturday in June to 10 a.m. on May 30, 2009
until 5 p.m. on May 31, 2009. During that period, 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. This temporary final rule changes the period
of enforcement for this event from the second Saturday and Sunday in
June to 9 a.m. on May 16, 2009 until 5 p.m. on May 17, 2009. During
that period, 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 Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published
[[Page 22097]]
in the Federal Register. Accordingly, the Coast Guard is establishing
temporary special local regulations on specified waters of the Chester
River, Rappahannock River, Elizabeth River, Pasquotank River and North
Atlantic Ocean.
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.
Although this 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 rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a Statement of Energy
Effects under Executive Order 13211.
[[Page 22098]]
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 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 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 are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
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, amend Table to Sec. 100.501, as follows:
0
a. Suspend line numbers 21, 37, 38, 40, and 54 from May 15, 2009
through July 12, 2009.
0
b. Add temporary line numbers 58, 59, 60, 61, and 62, from May 15, 2009
through July 12, 2009 to the end of the table to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
Table to Sec. 100.501--All Coordinates Listed in the Table to Sec. 100.501 Reference Datum NAD 1983
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
58............. 5:30 a.m. to 2:30 Maryland Swim for District of Columbia The waters of the Chester
p.m. July 11, 2009. Life. Aquatics Club. River from shoreline to
shoreline, 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............. 12 p.m. to 5 p.m. RRBA Spring Radar Rappahannock River The waters of the
June 6, 2009; rain Shootout. Boaters Association Rappahannock River, adjacent
date: June 7, 2009. (RRBA). to Layton, VA, 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 22099]]
60............. 9 a.m. July 3, 2009 Norfolk Harborfest.. Norfolk Festevents, The waters of the Elizabeth
to 11 p.m. July 5, Ltd. River and its branches from
2009. 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]50'51.0'' 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............. 10 a.m. May 30, 2009 Ocean City Maryland Offshore Performance The waters of the Atlantic
to 5 p.m. May 31, Offshore Grand Prix. Association, OPA Ocean commencing at a point
2009. Racing, LLC. on the shoreline at latitude
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............. 9 a.m. May 16, 2009 Carolina Cup Regatta The Carolina Cup The waters of the Pasquotank
to 5 p.m. May 17, Regatta Inc. River, adjacent to Elizabeth
2009. 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.
----------------------------------------------------------------------------------------------------------------
[[Page 22100]]
Dated: April 27, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-11056 Filed 5-11-09; 8:45 am]
BILLING CODE 4910-15-P
