Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, 20294-20297 [2010-8861]
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(1) Estimated recoverable reserves for each well completion in the
reservoir; total recoverable reserves for each reservoir; method
of calculation; reservoir parameters used in volumetric and decline curve analysis .......................................................................
(2) Well schematics showing current and proposed conditions .......
(3) The drive mechanism of each reservoir .....................................
(4) Pressure data, by date, and whether they are estimated or
measured ......................................................................................
(5) Production data and decline curve analysis indicative of the
reservoir performance ...................................................................
(6) Reservoir simulation with the reservoir parameters used, history matches, and prediction runs (include proposed development scenario) ..............................................................................
(e) General information:
(1) Detailed economic analysis ........................................................
(2) Reservoir name and whether or not it is competitive as defined
under § 250.105 ............................................................................
(3) Operator name, lessee name(s), block, lease number, royalty
rate, and unit number (if applicable) of all relevant leases ..........
(4) Geologic overview of project .......................................................
(5) Explanation of why the proposed completion scenario will
maximize ultimate recovery ..........................................................
(6) List of all wells in subject reservoirs that have ever produced
or been used for injection .............................................................
SRI
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Gas cap
production
Downhole
commingling
Reservoir
reclassification
Production within
500-ft of
a unit or
lease line
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† Each Gas Cap Production request and Downhole Commingling request must include the estimated recoverable reserves for (1) the case
where your proposed production scenario is approved, and (2) the case where your proposed production scenario is denied.
* Additional items the Regional Supervisor may request.
Note: All maps must be at a standard scale and show lease and unit lines. The Regional Supervisor may waive submittal of some of the required data on a case-by-case basis.
(f) Depending on the type of approval
requested, you must submit the
appropriate payment of the service
fee(s) listed in § 250.125, according to
the instructions in § 250.126.
[FR Doc. 2010–8798 Filed 4–16–10; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0102]
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:
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ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the enforcement
period of special local regulations for
recurring marine events in the Fifth
Coast Guard District. These regulations
apply to only two recurring marine
events that conduct power boat races.
Special local regulations are necessary
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to provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Western
Branch, Elizabeth River, VA, and North
Atlantic Ocean, Ocean City, MD during
each event.
DATES: Effective Date: This rule is
effective in the CFR on April 19, 2010.
This rule is effective with actual notice
for purposes of enforcement from April
17, 2010 through May 31, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0102 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0102 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 LT Tiffany Duffy, Project
Manager, Sector Hampton Roads,
Waterways Management Division,
United States Coast Guard; telephone
757–668–5580, e-mail
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Tiffany.A.Duffy@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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
delaying the effective date would be
contrary to the public interest since
immediate action is needed to ensure
the public’s safety during the Virginia
State Hydroplane Championships and
the Geico Offshore Grand Prix.
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
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WReier-Aviles on DSKGBLS3C1PROD with RULES
Register. Delaying the effective date
would be contrary to the public interest
since immediate action is needed to
ensure the public’s safety during the
Virginia State Hydroplane
Championships and the Geico Offshore
Grand Prix.
Basis 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 boat
parades. For a description of the
geographical area of each Coast Guard
Sector—Captain of the Port Zone, please
see 33 CFR 3.25.
This regulation temporarily changes
the enforcement period of special local
regulations for recurring marine events
within the Fifth Coast Guard District.
This regulation applies to two marine
events in 33 CFR 100.501, Table to
§ 100.501.
On April 17 and 18, 2010, the Virginia
Boat Racing Association will sponsor
the ‘‘Virginia State Hydroplane
Championship’’ hydroplane races on the
waters of the Western Branch of the
Elizabeth River near Portsmouth,
Virginia. The regulation at 33 CFR
100.501 is effective annually for this
river boat race marine event. The event
will consist of approximately 60
hydroplane powerboats conducting
high-speed competitive races on the
Western Branch of the Elizabeth River
in the vicinity of Portsmouth City Park,
Portsmouth, Virginia. A fleet of
spectator vessels is expected to gather
near the event site to view the
competition. To provide for the safety of
participants, spectators, support and
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the hydroplane races.
The regulation at 33 CFR 100.501 would
be enforced for the duration of the
event. Under provisions of 33 CFR
100.501, from 9 a.m. to 5:30 p.m. on
April 17 and 18, 2010, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
The Offshore Performance
Association (OPA) Racing LLC annually
sponsors the ‘‘Offshore Grand Prix’’, on
the waters of the North Atlantic Ocean
near Ocean City, MD. The regulation at
33 CFR 100.501 is effective annually for
the Ocean City Offshore race marine
event. The event is conducted on the
waters of the North Atlantic Ocean
along the shoreline near Ocean City,
MD. The event consists of
approximately 50 V-hull and twin-hull
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inboard hydroplanes racing in heats
counter-clockwise around an oval race
course. A fleet of spectator vessels is
anticipated to gather nearby to view the
competition. Therefore, to ensure the
safety of participants, spectators and
transiting vessels, 33 CFR 100.501
would be enforced for the duration of
the event. Under provisions of 33 CFR
100.501, from 9:30 a.m. to 5 p.m. on
May 30 and 31, 2010, 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 Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of the Western Branch,
Elizabeth River, near Portsmouth,
Virginia; and North Atlantic Ocean near
Ocean City, MD. The regulated areas
will be established in the interest of
public safety during the Virginia State
Hydroplane Championships and the
Geico Offshore Grand Prix, and will be
enforced on April 17 until April 18,
2010, from 9 a.m. to 5:30 p.m. and on
May 30 until May 31, 2010, from 9:30
a.m. to 5 p.m. Access to the safety zone
will be restricted during the specified
date and times or until the powerboat
races are complete, whichever is sooner.
Except for participants and vessels
authorized by the Captain of the Port or
his Representative, no person or vessel
may enter or remain in the regulated
area.
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
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20295
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
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. This safety zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: (i) In some
cases, vessels will be able to safely
transit around the regulated area at
various times; (ii) with the permission
of the Patrol Commander, vessels may
transit through the regulated area; and
(iii) 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),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
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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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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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.
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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.
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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 that 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, suspend line No. 31
and 38 in the Table to § 100.501.
■ 3. In § 100.501 on April 17 and 18,
2010, add line No. 58 in Table to
§ 100.501; on May 30 and 31, 2010, add
line No. 59 in Table to § 100.501; to read
as follows:
■
§ 100.501–T05–0102 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.
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20297
COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE
No.
Date
Event
Sponsor
Location
58 ......
*
April 17–April 18,
2010.
*
Virginia state hydroplane championships.
*
Virginia Boat Racing Association.
59 ......
May 30–May 31,
2010.
Ocean City Maryland Offshore
Grand Prix.
Offshore Performance Association, OPA Racing, LLC.
*
*
*
*
The waters of the Western Branch, Elizabeth River bounded by a line
connecting the following points: latitude 36°50′06″ N, longitude
076°22′27″ W, thence to latitude 36°50′06″ N, longitude 076°21′57″ W,
thence to latitude 36°50′15″ N, longitude 076°21′55.8″ W, thence to
latitude 36°50′15″ N, longitude 076°22′27″ W, thence to point of origin.
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.
*
*
*
*
Dated: April 7, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
*
[FR Doc. 2010–8861 Filed 4–16–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Rules and Regulations]
[Pages 20294-20297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8861]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0102]
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 proposes to temporarily change the enforcement
period of special local regulations for recurring marine events in the
Fifth Coast Guard District. These regulations apply to only two
recurring marine events that conduct power boat races. Special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in portions of the Western Branch, Elizabeth River, VA,
and North Atlantic Ocean, Ocean City, MD during each event.
DATES: Effective Date: This rule is effective in the CFR on April 19,
2010. This rule is effective with actual notice for purposes of
enforcement from April 17, 2010 through May 31, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0102 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0102 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 LT Tiffany Duffy, Project Manager, Sector Hampton
Roads, Waterways Management Division, United States Coast Guard;
telephone 757-668-5580, e-mail Tiffany.A.Duffy@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 delaying the effective date would be
contrary to the public interest since immediate action is needed to
ensure the public's safety during the Virginia State Hydroplane
Championships and the Geico Offshore Grand Prix.
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
[[Page 20295]]
Register. Delaying the effective date would be contrary to the public
interest since immediate action is needed to ensure the public's safety
during the Virginia State Hydroplane Championships and the Geico
Offshore Grand Prix.
Basis 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 boat parades. For a description of
the geographical area of each Coast Guard Sector--Captain of the Port
Zone, please see 33 CFR 3.25.
This regulation temporarily changes the enforcement period of
special local regulations for recurring marine events within the Fifth
Coast Guard District. This regulation applies to two marine events in
33 CFR 100.501, Table to Sec. 100.501.
On April 17 and 18, 2010, the Virginia Boat Racing Association will
sponsor the ``Virginia State Hydroplane Championship'' hydroplane races
on the waters of the Western Branch of the Elizabeth River near
Portsmouth, Virginia. The regulation at 33 CFR 100.501 is effective
annually for this river boat race marine event. The event will consist
of approximately 60 hydroplane powerboats conducting high-speed
competitive races on the Western Branch of the Elizabeth River in the
vicinity of Portsmouth City Park, Portsmouth, Virginia. A fleet of
spectator vessels is expected to gather near the event site to view the
competition. To provide for the safety of participants, spectators,
support and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic in the event area during the hydroplane races.
The regulation at 33 CFR 100.501 would be enforced for the duration of
the event. Under provisions of 33 CFR 100.501, from 9 a.m. to 5:30 p.m.
on April 17 and 18, 2010, vessels may not enter the regulated area
unless they receive permission from the Coast Guard Patrol Commander.
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. Under
provisions of 33 CFR 100.501, from 9:30 a.m. to 5 p.m. on May 30 and
31, 2010, 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 Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Western Branch, Elizabeth River, near
Portsmouth, Virginia; and North Atlantic Ocean near Ocean City, MD. The
regulated areas will be established in the interest of public safety
during the Virginia State Hydroplane Championships and the Geico
Offshore Grand Prix, and will be enforced on April 17 until April 18,
2010, from 9 a.m. to 5:30 p.m. and on May 30 until May 31, 2010, from
9:30 a.m. to 5 p.m. Access to the safety zone will be restricted during
the specified date and times or until the powerboat races are complete,
whichever is sooner. Except for participants and vessels authorized by
the Captain of the Port or his Representative, no person or vessel may
enter or remain in the regulated area.
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. This
safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) In
some cases, vessels will be able to safely transit around the regulated
area at various times; (ii) with the permission of the Patrol
Commander, vessels may transit through the regulated area; and (iii)
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), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees
[[Page 20296]]
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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 that 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, suspend line No. 31 and 38 in the Table to Sec.
100.501.
0
3. In Sec. 100.501 on April 17 and 18, 2010, add line No. 58 in Table
to Sec. 100.501; on May 30 and 31, 2010, add line No. 59 in Table to
Sec. 100.501; to read as follows:
Sec. 100.501-T05-0102 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.
[[Page 20297]]
Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
58......... April 17-April Virginia state Virginia Boat The waters of the Western Branch,
18, 2010. hydroplane Racing Elizabeth River bounded by a line
championships. Association. connecting the following points: latitude
36[deg]50'06'' N, longitude
076[deg]22'27'' W, thence to latitude
36[deg]50'06'' N, longitude
076[deg]21'57'' W, thence to latitude
36[deg]50'15'' N, longitude
076[deg]21'55.8'' W, thence to latitude
36[deg]50'15'' N, longitude
076[deg]22'27'' W, thence to point of
origin.
59......... May 30-May 31, Ocean City Offshore The waters of the Atlantic Ocean
2010. Maryland Performance commencing at a point on the shoreline at
Offshore Grand Association, OPA latitude 38[deg]25'42'' N, longitude
Prix. Racing, LLC. 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.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: April 7, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-8861 Filed 4-16-10; 8:45 am]
BILLING CODE 9110-04-P
