Special Local Regulation for Marine Events; Mattaponi River, Wakema, VA, 40731-40734 [E9-19431]
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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
The term does not include
geophysical scientific research.
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Geophysical information means
geophysical data that have been
processed or interpreted.
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Processed geological or geophysical
information means data collected under
a permit and later processed or
reprocessed. Processing involves
changing the form of data so as to
facilitate interpretation. Processing
operations may include, but are not
limited to, applying corrections for
known perturbing causes, rearranging or
filtering data, and combining or
transforming data elements.
Reprocessing is the additional
processing other than ordinary
processing used in the general course of
evaluation. Reprocessing operations
may include varying identified
parameters for the detailed study of a
specific problem area. Reprocessing may
occur several years after the original
processing date. Reprocessing is
determined to be completed on the date
that the reprocessed information is first
available in a useable format for inhouse interpretation by MMS or the
permittee, or becomes first available to
third parties via sale, trade, license
agreement, or other means.
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3. Amend § 251.14 as set forth below:
■ A. Revise the introductory text in
paragraph (b);
■ B. Revise the table in paragraph (b)(1);
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If you or a third party submit and MMS retains * * *
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(b) Timetable for release of G&G data
and information related to oil, gas, and
sulphur that MMS acquires. Except for
high-resolution data and information
released under 30 CFR 250.197(b)(2),
MMS will release or disclose acquired
data and information in accordance
with paragraphs (b)(1) through (b)(7) of
this section.
(1) * * *
25 years after MMS issued the permit; or, if you or a third party applied
for an extension of the proprietary term, 5 years after MMS approved
the application for an extension. In any case MMS will release the information no later than 50 years after MMS issued the permit.
[FR Doc. E9–19198 Filed 8–12–09; 8:45 am]
BILLING CODE 4310–MR–P
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§ 251.14 Protecting and disclosing data
and information submitted to MMS under a
permit.
10 years after MMS issued the permit.
50 years after MMS issued the permit.
25 years after MMS issued the permit.
maximum term is reached, the MMS
Regional Director will release the
information to the public.
(4) Geophysical information
processed or reprocessed 20 or more
years after MMS issued the germane
permit and granted the extension will be
subject to submission, inspection, and
selection criteria under 30 CFR 251.12
and reimbursement criteria identified
under 30 CFR 251.13.
(5) There will be a 1-year grace
period, starting September 14, 2009, to
allow permittees and third parties
sufficient time to meet the above
requirements and to apply for all
eligible extensions. During this time,
MMS will not release geophysical
information which was reprocessed 20
or more years after the date that MMS
issued the germane permit.
(6) After September 14, 2010 MMS
will resume releasing eligible
reprocessed information. If an
application for extension is not filed,
not filed on time, or not approved by
MMS, the original 25-year proprietary
term applies to the release date of the
reprocessed geophysical information.
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C. Redesignate paragraphs (b)(2) and
(b)(3) as (b)(7) and (b)(8), respectively;
and
■ D. Add new paragraphs (b)(2), (b)(3),
(b)(4), (b)(5), and (b)(6) to read as
follows:
■
The Regional Director will release them to the public * * *
(i) Geological data and information, .........................................................
(ii) Geophysical data, ................................................................................
(iii) Geophysical information processed or reprocessed less than 20
years after MMS issued the germane permit,
(iv) Geophysical information processed or reprocessed 20 or more
years after MMS issued the germane permit,
(2) Permittees and third parties may
apply to MMS for an extension of the
25-year proprietary term for geophysical
information reprocessed 20 or more
years after MMS issued the germane
permit. You must submit the
application to MMS within 90 days after
completion of the reprocessing, except
during the initial 1-year grace period as
provided in paragraph (b)(5) below.
Filing locations are listed in § 251.5(d).
Your application must include:
(i) Name and address of the permittee
or third party;
(ii) Product name;
(iii) Identification of the geophysical
information area;
(iv) Identification of originating
permit number and date;
(v) Description of reprocessing
performed;
(vi) Identification of the date of
completion of reprocessing the
geophysical information;
(vii) Certification that the product
meets the definition of processed
geophysical information and that all
other information in the application is
accurate; and
(viii) Signature and date.
(3) With each new reprocessing of
permitted data, you may apply for an
extension of up to 5 years. However, the
maximum proprietary term for
geophysical information is 50 years after
MMS issued the permit. Once the
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2009–0460]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Mattaponi River, Wakema, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations
during the Mattaponi Madness Drag
Boat Races, a series of power boat races
to be held on the waters of the
Mattaponi River, near Wakema,
Virginia. These 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 during the power
boat races in a segment of the Mattaponi
River that flows along the border of King
William County and King and Queen
County near Wakema, Virginia.
DATES: This rule is effective from
August 15 through August 16, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
as being available in the docket, are part
of docket USCG–2009–0460 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–
2009–0460 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 or e-mail Dennis Sens, Project
Manager, Fifth Coast Guard District
Prevention Division, Portsmouth, VA,
telephone (757) 398–6204, e-mail
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
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On June 25, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulation for
Marine Events; Mattaponi River,
Wakema, VA in the Federal Register (74
FR 30256). 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 potential dangers posed
by high speed power boat races in a
restricted waterway and in close
proximity to other vessel traffic make
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, the Coast Guard will provide
advance notifications to users of the
affected waterways via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
Background and Purpose
The Mattaponi Volunteer Rescue
Squad will be sponsoring a series of
power boat racing events entitled the
‘‘Mattaponi Madness Drag Boat Event.’’
The power boat races will be held on
August 15, 2009 and, in the case of
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inclement weather, the event will be
rescheduled for August 16, 2009. The
races will be held on the Mattaponi
River immediately adjacent to the
Rainbow Acres Campground, King and
Queen County, Virginia. The power boat
races will consist of approximately 40
vessels conducting high speed straight
line runs along the river and parallel
with the shoreline. A fleet of spectator
vessels is expected to gather near the
event site to view the competition. To
provide for the safety of participants,
spectators and other transiting vessels,
the Coast Guard will temporarily restrict
vessel traffic in the event area during
the power boat races.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the NPRM.
Accordingly, the Coast Guard is
establishing temporary special local
regulations on specified waters of the
Mattaponi River, near Wakema,
Virginia.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
Although this regulation will prevent
traffic from transiting a portion of the
Mattaponi River during the events, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notification
that will be made to the maritime
community via marine information
broadcast, local radio stations and area
newspapers so mariners can adjust their
plans accordingly. Additionally, the
regulated area has been narrowly
tailored to impose the least impact on
general navigation yet provide the level
of safety deemed necessary. Vessel
traffic will be able to transit the
regulated area between heats, when the
Coast Guard Patrol Commander deems it
is safe to do so.
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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.
The rule will affect the following
entities, some of which may be small
entities: Owners or operators of vessels
intending to transit the affected section
of the Mattaponi River from 9 a.m. to 7
p.m. on August 15, 2009 and August 16,
2009. This rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
regulated area will apply to a 3⁄4 mile
segment of the Mattaponi River, traffic
may be allowed to pass through the
regulated area with the permission of
the Coast Guard Patrol Commander. In
the case where the Patrol Commander
authorizes passage through the
regulated area during the event, vessels
shall proceed at the minimum speed
necessary to maintain a safe course that
minimizes wake near the race course.
The Patrol Commander will allow nonparticipating vessels to transit the area
between races. Before the enforcement
period, we 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).
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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
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
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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
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direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
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 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction because it
establishes special local regulations
under 33 CFR Part 100. An
environmental analysis checklist and a
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40733
categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35–T05–0460
to read as follows:
■
§ 100.35–T05–0460,
Wakema, Virginia.
Mattaponi River,
(a) Regulated area. The following is a
regulated area: All waters of the
Mattaponi River, from surface to bottom
and shore to shore, immediately
adjacent to Rainbow Acres
Campground, in King and Queen
County, Virginia. This area is a section
of the Mattaponi River approximately
3⁄4-mile long, bounded to the east by a
line that runs parallel along longitude
076°52′43″ W near the mouth of
Mitchell Hill Creek, and bounded to the
west by a line that runs parallel along
longitude 076°53′41″ W just north of
Wakema, Virginia. All coordinates
reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
Hampton Roads.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Hampton Roads
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Special local regulations. (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area must: (i) Stop the vessel
immediately when directed to do so by
any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(d) Enforcement period. This section
will be enforced from 9 a.m. to 7 p.m.
on August 15, 2009. In the case of
inclement weather, this section will be
enforced from 9 a.m. to 7 p.m. on
August 16, 2009.
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40734
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Rules and Regulations
Dated: July 29, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E9–19431 Filed 8–12–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0496]
RIN 1625–AA00
Safety Zone; Hood Canal Bridge Cable
Laying Operation, Hood Canal, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the vicinity of the Hood Canal Bridge
due to the ongoing Hood Canal Bridge
Construction Project. The safety zone is
necessary to help protect construction
personnel and the maritime public from
the numerous dangers associated with
the Hood Canal Bridge Construction
Project. All persons and vessel are
prohibited from entering the zone
unless authorized by the Captain of the
Port, Puget Sound or her Designated
Representative.
DATES: This rule is effective from 6 a.m.
on June 15, 2009, until 6 a.m. on
September 30, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0496 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0496 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are 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 or e-mail ENS Ashley Wanzer,
Waterways Management, Sector Seattle,
Coast Guard; telephone 206–217–6175,
e-mail Ashley.M.Wanzer@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
publishing a NPRM would be contrary
to the public interest because immediate
action is necessary to ensure the safety
of the construction personnel and the
maritime public from the dangers
associated with the Hood Canal Bridge
Construction Project.
For the same reasons, the Coast Guard
also finds under 5 U.S.C. 553(d)(3) that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Background and Purpose
The Hood Canal Bridge Construction
Project is a complex construction
operation involving multiple
construction barges and the installation
of underwater cables. Due to the
numerous dangers associated with such
operations, the Coast Guard is
establishing a temporary safety zone for
the project to help protect construction
personnel and the maritime public from
the numerous dangers associated with
it.
Discussion of Rule
The temporary safety zone established
by this rule is necessary to help protect
construction personnel in the Hood
Canal Bridge Construction Project and
the maritime public from the numerous
dangers associated with the project and
will do so by prohibiting any person or
vessel from entering the zones unless
authorized by the Captain of the Port,
Puget Sound or her Designated
Representative. Persons wishing to
request authorization to operate within
or transit through the safety zone must
contact the USCG Sector Seattle Joint
Harbor Operations Center at 206–217–
6001. Additional information regarding
the construction work may be obtained
from Kiewit-General Construction
Company at 360–620–3423 or the onscene official patrol or M/V REDWOOD
CITY on VHF–FM channel 13, 14, or 16.
The safety zone encompass: (1) All
waters within a 100 yard radius around
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any construction barge participating in
the project while the barge is in
operation; and, (2) all waters between
any barge participating in the project
and the Hood Canal Bridge itself. The
safety zone will be in effect from 6 a.m.
on June 15, 2009, until 6 a.m. on
September 30, 2009, unless cancelled or
ended sooner by the Captain of the Port
or her Designated Representative.
The Captain of the Port, Puget Sound
may enlist the aid and cooperation of
Federal, State, or local Law Enforcement
Officers to enforce the rules contained
in this section pursuant to 33 CFR 6.04–
11.
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.
The economic impact of this
temporary rule is expected to be
minimal. This expectation is based on
the fact that the safety zone established
by this regulation will encompass small
areas and be of such a short duration
that the zone should not significantly
impact commercial or recreational
traffic.
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 will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the affected
waterway during the effective period.
The safety zone will not have a
significant economic impact on a
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]]>Agencies
[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Rules and Regulations]
[Pages 40731-40734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19431]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0460]
RIN 1625-AA08
Special Local Regulation for Marine Events; Mattaponi River,
Wakema, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the Mattaponi Madness Drag Boat Races, a series of power boat
races to be held on the waters of the Mattaponi River, near Wakema,
Virginia. These 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 during the power boat races in a
segment of the Mattaponi River that flows along the border of King
William County and King and Queen County near Wakema, Virginia.
DATES: This rule is effective from August 15 through August 16, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble
[[Page 40732]]
as being available in the docket, are part of docket USCG-2009-0460 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-2009-0460 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 or e-mail Dennis Sens, Project Manager, Fifth
Coast Guard District Prevention Division, Portsmouth, VA, telephone
(757) 398-6204, e-mail 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 June 25, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Events; Mattaponi
River, Wakema, VA in the Federal Register (74 FR 30256). 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 potential dangers posed by
high speed power boat races in a restricted waterway and in close
proximity to other vessel traffic make 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, the Coast Guard will provide
advance notifications to users of the affected waterways via marine
information broadcasts, local notice to mariners, commercial radio
stations and area newspapers.
Background and Purpose
The Mattaponi Volunteer Rescue Squad will be sponsoring a series of
power boat racing events entitled the ``Mattaponi Madness Drag Boat
Event.'' The power boat races will be held on August 15, 2009 and, in
the case of inclement weather, the event will be rescheduled for August
16, 2009. The races will be held on the Mattaponi River immediately
adjacent to the Rainbow Acres Campground, King and Queen County,
Virginia. The power boat races will consist of approximately 40 vessels
conducting high speed straight line runs along the river and parallel
with the shoreline. A fleet of spectator vessels is expected to gather
near the event site to view the competition. To provide for the safety
of participants, spectators and other transiting vessels, the Coast
Guard will temporarily restrict vessel traffic in the event area during
the power boat races.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the NPRM.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Mattaponi River, near Wakema,
Virginia.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this regulation
will prevent traffic from transiting a portion of the Mattaponi River
during the events, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect and the extensive advance notification that will be made to
the maritime community via marine information broadcast, local radio
stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, the regulated area has been narrowly
tailored to impose the least impact on general navigation yet provide
the level of safety deemed necessary. Vessel traffic will be able to
transit the regulated area between heats, 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.
The rule will affect the following entities, some of which may be
small entities: Owners or operators of vessels intending to transit the
affected section of the Mattaponi River from 9 a.m. to 7 p.m. on August
15, 2009 and August 16, 2009. This rule would not have a significant
economic impact on a substantial number of small entities for the
following reasons. Although the regulated area will apply to a \3/4\
mile segment of the Mattaponi River, traffic may be allowed to pass
through the regulated area with the permission of the Coast Guard
Patrol Commander. In the case where the Patrol Commander authorizes
passage through the regulated area during the event, vessels shall
proceed at the minimum speed necessary to maintain a safe course that
minimizes wake near the race course. The Patrol Commander will allow
non-participating vessels to transit the area between races. Before the
enforcement period, we 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).
[[Page 40733]]
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 significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 because it establishes special local
regulations under 33 CFR Part 100. An environmental analysis checklist
and a categorical exclusion determination will be available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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. Add temporary Sec. 100.35-T05-0460 to read as follows:
Sec. 100.35-T05-0460, Mattaponi River, Wakema, Virginia.
(a) Regulated area. The following is a regulated area: All waters
of the Mattaponi River, from surface to bottom and shore to shore,
immediately adjacent to Rainbow Acres Campground, in King and Queen
County, Virginia. This area is a section of the Mattaponi River
approximately \3/4\-mile long, bounded to the east by a line that runs
parallel along longitude 076[deg]52'43'' W near the mouth of Mitchell
Hill Creek, and bounded to the west by a line that runs parallel along
longitude 076[deg]53'41'' W just north of Wakema, Virginia. All
coordinates reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must: (i) Stop
the vessel immediately when directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement period. This section will be enforced from 9 a.m.
to 7 p.m. on August 15, 2009. In the case of inclement weather, this
section will be enforced from 9 a.m. to 7 p.m. on August 16, 2009.
[[Page 40734]]
Dated: July 29, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-19431 Filed 8-12-09; 8:45 am]
BILLING CODE 4910-15-P
