Special Local Regulation for Marine Events; Mattaponi River, Wakema, VA, 26152-26155 [2010-11084]
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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Because this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle 1, section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, part A, subpart 1, section
40103, Sovereignty and use of airspace.
Under that section, the FAA is charged
with prescribing regulations to ensure
the safe and efficient use of the
navigable airspace. This regulation is
within the scope of that authority
because it proposes to revise airspace at
Kulik Lake, Alaska, and represents the
FAA’s continuing effort to safely and
efficiently use the navigable airspace.
List of Subjects in 14 CFR Part 71
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
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[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace
Designations and Reporting Points,
signed August 27, 2009, and effective
September 15, 2009, is to be amended
as follows:
*
*
*
*
*
Paragraph 6005 Class E Airspace Extending
Upward from 700 Feet or More Above the
Surface of the Earth.
*
*
*
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*
*
14:19 May 10, 2010
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p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Issued in Anchorage, AK, on April 29,
2010.
Michael A. Tarr,
Acting Manager, Alaska Flight Services
Information Area Group.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call LT Tiffany Duffy, Chief
Waterways Management Division,
Sector Hampton Roads, 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:
[FR Doc. 2010–11082 Filed 5–10–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Public Participation and Request for
Comments
33 CFR Part 100
[Docket No. USCG–2010–0295]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Mattaponi River, Wakema, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
Airspace, Incorporation by reference,
Navigation (AIR).
§ 71.1
AAL AK E5 Kulik Lake, AK [Revised]
Kulik Lake Airport, AK
(Lat. 58°58′55″ N., long. 155°07′17″ W.)
That airspace extending upward from 700
feet above the surface within a 4.3-mile
radius of the Kulik Lake Airport, AK, and
within 4 miles either side of the 278 bearing
from the Kulik Lake Airport, extending from
the 4.3-mile radius to 7.5 miles west of the
Kulik Lake Airport, AK.
The Coast Guard proposes to
establish special local regulations
during the Mattaponi Madness Drag
Boat Event, 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: Comments and related material
must be received by the Coast Guard on
or before June 10, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0295 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
SUMMARY:
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We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0295),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
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‘‘USCG–20100295’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–
20100295’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LT Tiffany
Duffy at the telephone number or e-mail
address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
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Background and Purpose
The Mattaponi Volunteer Rescue
Squad will be sponsoring a series of
power boat racing events titled the
‘‘Mattaponi Madness Drag Boat Event.’’
The power boat races will be held on
the following dates: August 28, 2010,
and in the case of inclement weather,
the event will be rescheduled to August
29, 2010. 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 45 vessels conducting
high speed straight line runs along the
river and parallel to the shoreline. A
fleet of spectator vessels is expected to
gather near the event site to view the
competition. To provide for the safety of
participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the power boat races.
Discussion of Proposed Rule
The Coast Guard proposes to establish
special local regulations on specified
waters of the Mattaponi River, in the
vicinity of Wakema, Virginia. The
regulated area includes all waters of
Mattaponi River immediately adjacent
to Rainbow Acres Campground, King
and Queen County, Virginia. The
regulated area includes a section of the
Mattaponi River approximately 3⁄4-mile
long and bounded in width by each
shoreline, 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. The effect of this
regulation would be to restrict general
navigation in the regulated area during
the drag boat races. This special local
regulation will be enforced from 9 a.m.
to 7 p.m. on August 28, 2010; and in the
case of inclement weather, this special
local regulation will be enforced from 9
a.m. to 7 p.m. on August 29, 2010.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area. Non-participating
vessels will be allowed to transit the
regulated area between races, when the
Coast Guard Patrol Commander
determines it is safe to do so. This
regulation is needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
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executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this regulation will
prevent traffic from transiting a portion
of the Mattaponi River during the
events, the effect of this regulation will
not be significant due to the limited
duration that the regulated area will be
in effect and the advance notification
that will be made to the maritime
community via marine information
broadcast, local radio stations and area
newspapers so mariners can adjust their
plans accordingly. Additionally, the
regulated area has been designed to
impose the least impact on general
navigation yet provide the level of safety
deemed necessary. Vessel traffic will be
able to transit the regulated area
between heats and when the Coast
Guard Patrol Commander deems it is
safe to do so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities: owners or operators of vessels
intending to transit this section of the
Mattaponi River from 9 a.m. to 7 p.m.
on August 28, 2010 and on August 29,
2010. This proposed 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
between races. In the case where the
Patrol Commander authorizes passage
through the regulated area during the
event, vessels shall proceed at the
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minimum speed necessary to maintain a
safe course that minimizes wake near
the race course. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please see the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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14:19 May 10, 2010
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Taking of Private Property
This proposed rule would 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
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standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed 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. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35T05–0295
to read as follows:
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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules
§ 100.35T05–0295 Mattaponi River,
Wakema, Virginia.
ACTION:
(a) Regulated Area. The regulated area
includes all waters of Mattaponi River
immediately adjacent to Rainbow Acres
Campground, King and Queen County,
Virginia. The regulated area includes a
section of the Mattaponi River
approximately 3⁄4-mile long and
bounded in width by each shoreline,
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 shall:
(i) Stop the vessel immediately when
directed to do so by an Official Patrol.
(ii) Proceed as directed by any official
patrol.
(d) Enforcement Period: This
regulation will be enforced from 9 a.m.
to 7 p.m. on August 28, 2010. In the case
of inclement weather, this regulation
will be enforced from 9 a.m. to 7 p.m.
on August 29, 2010.
SUMMARY: The Coast Guard proposes
establishing a temporary safety zone on
the Chesapeake Bay in the vicinity of
Ocean View Beach Park, Norfolk, VA in
support of the Shore Thing &
Independence Day Fireworks event.
This action is intended to restrict vessel
traffic movement on the Chesapeake Bay
to protect mariners from the hazards
associated with fireworks displays.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 1, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0294 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Dated: 24 April 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. 2010–11084 Filed 5–10–10; 8:45 am]
BILLING CODE 9110–04–P
wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0294]
RIN 1625–AA00
Safety Zone; Shore Thing &
Independence Day Fireworks,
Chesapeake Bay, Norfolk, VA
AGENCY:
Coast Guard, DHS.
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14:19 May 10, 2010
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Notice of proposed rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail LT Tiffany Duffy,
Chief Waterways Management Division,
Sector Hampton Roads, 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:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0294),
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26155
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0294’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0294’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
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]]>Agencies
[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Proposed Rules]
[Pages 26152-26155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11084]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0295]
RIN 1625-AA08
Special Local Regulation for Marine Events; Mattaponi River,
Wakema, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish special local
regulations during the Mattaponi Madness Drag Boat Event, 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: Comments and related material must be received by the Coast
Guard on or before June 10, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0295 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT Tiffany Duffy, Chief Waterways Management Division,
Sector Hampton Roads, 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0295), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert
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``USCG-20100295'' in the ``Keyword'' box. Click ``Search'' then click
on the balloon shape in the ``Actions'' column. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-20100295'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LT Tiffany Duffy at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Background and Purpose
The Mattaponi Volunteer Rescue Squad will be sponsoring a series of
power boat racing events titled the ``Mattaponi Madness Drag Boat
Event.'' The power boat races will be held on the following dates:
August 28, 2010, and in the case of inclement weather, the event will
be rescheduled to August 29, 2010. 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 45 vessels conducting high speed straight line runs along
the river and parallel to the shoreline. A fleet of spectator vessels
is expected to gather near the event site to view the competition. To
provide for the safety of participants, spectators and other transiting
vessels, the Coast Guard will temporarily restrict vessel traffic in
the event area during the power boat races.
Discussion of Proposed Rule
The Coast Guard proposes to establish special local regulations on
specified waters of the Mattaponi River, in the vicinity of Wakema,
Virginia. The regulated area includes all waters of Mattaponi River
immediately adjacent to Rainbow Acres Campground, King and Queen
County, Virginia. The regulated area includes a section of the
Mattaponi River approximately \3/4\-mile long and bounded in width by
each shoreline, bounded to the east by a line that runs parallel along
longitude 076[deg]52'43'' W, near the mouth of Mitchell Hill Creek, and
bounded to the west by a line that runs parallel along longitude
076[deg]53'41'' W just north of Wakema, Virginia. The effect of this
regulation would be to restrict general navigation in the regulated
area during the drag boat races. This special local regulation will be
enforced from 9 a.m. to 7 p.m. on August 28, 2010; and in the case of
inclement weather, this special local regulation will be enforced from
9 a.m. to 7 p.m. on August 29, 2010. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Non-participating vessels will
be allowed to transit the regulated area between races, when the Coast
Guard Patrol Commander determines it is safe to do so. This regulation
is needed to control vessel traffic during the event to enhance the
safety of participants, spectators and transiting vessels.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. Although this regulation
will prevent traffic from transiting a portion of the Mattaponi River
during the events, the effect of this regulation will not be
significant due to the limited duration that the regulated area will be
in effect and the advance notification that will be made to the
maritime community via marine information broadcast, local radio
stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, the regulated area has been designed to
impose the least impact on general navigation yet provide the level of
safety deemed necessary. Vessel traffic will be able to transit the
regulated area between heats and when the Coast Guard Patrol Commander
deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities: owners or operators of vessels intending to
transit this section of the Mattaponi River from 9 a.m. to 7 p.m. on
August 28, 2010 and on August 29, 2010. This proposed 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 between races. In the case where the
Patrol Commander authorizes passage through the regulated area during
the event, vessels shall proceed at the
[[Page 26154]]
minimum speed necessary to maintain a safe course that minimizes wake
near the race course. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please see the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
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. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add temporary Sec. 100.35T05-0295 to read as follows:
[[Page 26155]]
Sec. 100.35T05-0295 Mattaponi River, Wakema, Virginia.
(a) Regulated Area. The regulated area includes all waters of
Mattaponi River immediately adjacent to Rainbow Acres Campground, King
and Queen County, Virginia. The regulated area includes a section of
the Mattaponi River approximately \3/4\-mile long and bounded in width
by each shoreline, bounded to the east by a line that runs parallel
along longitude 076[deg]52'43'' W, near the mouth of Mitchell Hill
Creek, and bounded to the west by a line that runs parallel along
longitude 076[deg]53'41'' W just north of Wakema, Virginia. 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 shall:
(i) Stop the vessel immediately when directed to do so by an
Official Patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement Period: This regulation will be enforced from 9
a.m. to 7 p.m. on August 28, 2010. In the case of inclement weather,
this regulation will be enforced from 9 a.m. to 7 p.m. on August 29,
2010.
Dated: 24 April 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-11084 Filed 5-10-10; 8:45 am]
BILLING CODE 9110-04-P
