Special Local Regulation for Marine Events; Mattaponi Madness Drag Boat Race, Mattaponi River, Wakema, VA, 52263-52266 [2011-21327]
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations
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partnership item and the basis for that
adjustment and therefore satisfies the notice
requirement of paragraph (a). Because the IRS
provided that notice to the TMP, B’s agent
under the TEFRA partnership provisions,
within 18 months of the April 17, 2006 filing
date of B’s return, any interest, penalty,
addition to tax, or additional amount with
respect to B’s tax liability attributable to B’s
distributive share of the $10,000 of
unreported partnership income will not be
suspended under section 6404(g).
(8) Providing notice.—(i) In general.
The IRS may provide notice by mail or
in person to the taxpayer or the
taxpayer’s representative. If the IRS
mails the notice, it must be sent to the
taxpayer’s last known address under
rules similar to section 6212(b), except
that certified or registered mail is not
required. Notice is considered provided
as of the date of mailing or delivery in
person.
(ii) Providing notice in TEFRA
partnership proceedings. In the case of
TEFRA partnership proceedings, the IRS
must provide notice of final partnership
administrative adjustments (FPAA) by
mail to those partners specified in
section 6223. Within 60 days of an
FPAA being mailed, the TMP is
required to forward notice of the FPAA
to those partners not entitled to direct
notice from the IRS under section 6223.
Certain partners with small interests in
partnerships with more than 100
partners may form a Notice Group and
designate a partner to receive the FPAA
on their behalf. The IRS may provide
other information after the beginning of
the partnership administrative
proceeding to the TMP who, in turn,
must provide that information to the
partners specified in § 301.6223(g)–1
within 30 days of receipt. Pass-thru
partners who receive notices and other
information from the IRS or the TMP
must forward that notice or information
within 30 days to those holding an
interest through the pass-thru partner.
Information provided by the IRS to the
TMP is deemed to be notice for
purposes of this section to those
partners specified in § 301.6223(g)–1 as
of the date the IRS provides that notice
to the TMP. A similar rule applies to
notice provided to the designated
partner of a Notice Group, and to notice
provided to a pass-thru partner. In the
foregoing situations, the TMP,
designated partner, and pass-thru
partner are agents for direct and indirect
partners. Consequently, notice to these
agents is deemed to be notice to the
partners for whom they act.
(b) Exceptions.—(1) Failure to file tax
return or to pay tax. Paragraph (a) of this
section does not apply to any penalty
imposed by section 6651.
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(2) Fraud. Paragraph (a) of this section
does not apply to any interest, penalty,
addition to tax, or additional amount for
a year involving a false or fraudulent
return. If a taxpayer files a fraudulent
return for a particular year, paragraph
(a) of this section may apply to any
other tax year of the taxpayer that does
not involve fraud. Fraud affecting a
particular item on a return precludes
paragraph (a) of this section from
applying to any other items on that
return.
(3) Tax shown on return. Paragraph (a)
of this section does not apply to any
interest, penalty, addition to tax, or
additional amount with respect to any
tax liability shown on a return.
(4) Gross misstatement.—(i)
Description. Paragraph (a) of this section
does not apply to any interest, penalty,
addition to tax, or additional amount
with respect to a gross misstatement. A
gross misstatement for purposes of this
paragraph (b) means:
(A) a substantial omission of income
as described in section 6501(e)(1) or
section 6229(c)(2);
(B) a gross valuation misstatement
within the meaning of section
6662(h)(2)(A) and (B); or
(C) a misstatement to which the
penalty under section 6702(a) applies.
(ii) Effect of gross misstatement. If a
gross misstatement occurs, then
paragraph (a) of this section does not
apply to any interest, penalty, addition
to tax, or additional amount with
respect to any items of income omitted
from the return and with respect to
overstated deductions, even though one
or more of the omitted items would not
constitute a substantial omission, gross
valuation misstatement, or misstatement
to which section 6702(a) applies.
*
*
*
*
*
(c) Special rules.—(1) Tentative
carryback and refund adjustments. If an
amount applied, credited or refunded
under section 6411 exceeds the
overassessment properly attributable to
a tentative carryback or refund
adjustment, any interest, penalty,
addition to tax, or additional amount
with respect to the excess will not be
suspended.
(2) Election under section 183(e).—(i)
In general. If a taxpayer elects under
section 183(e) to defer the determination
of whether the presumption that an
activity is engaged in for profit applies,
the 18-month (or 36-month) notification
period described in paragraph (a)(1) of
this section will be tolled for the period
to which the election applies. If the 18month (or 36-month) notification period
has passed as of the date the section
183(e) election is made, the suspension
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52263
period described in paragraph (a)(4) of
this section will be tolled for the period
to which the election applies and will
resume the day after the tolling period
ends. Tolling will begin on the date the
election is made and end on the later of
the date the return for the last taxable
year to which the election applies is
filed or is due without regard to
extensions.
(ii)
Example. In taxable year 2007, taxpayer
begins training and showing horses. On
January 4, 2011, the taxpayer elects under
section 183(e) to defer the determination of
whether the horse-related activity will be
presumed (under section 183(d)) to be
engaged in for profit. Accordingly, under
section 183(e)(1), a determination of whether
the section 183(d) presumption applies will
not occur before the close of the 2013 taxable
year. Assume that in 2014, the IRS is
considering issuing a notice of deficiency for
taxable year 2009 regarding tax deductions
claimed for the horse-related activity.
Pursuant to paragraph (c)(2)(i) of this section,
the 36-month notification period under
paragraph (a)(1) of this section will be tolled
with respect to taxable year 2009 for the
period to which the section 183(e) election
applies. This tolling of the notification period
begins on January 4, 2011 (the date the
taxpayer made the section 183(e) election)
and ends on the later of April 15, 2014, or
the date the taxpayer’s return for taxable year
2013 is filed.
(d) Effective/applicability date. * * *
Paragraphs (a), (b)(1) through (b)(4), and
(c) are effective on August 22, 2011.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: July 15, 2011.
Emily S. McMahon,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 2011–21164 Filed 8–19–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0744]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Mattaponi Madness Drag Boat
Race, Mattaponi River, Wakema, VA
Coast Guard, DHS.
Temporary Final rule.
AGENCY:
ACTION:
The Coast Guard will
establish special local regulations
during the Mattaponi Madness Drag
SUMMARY:
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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 drag
boat races on the Mattaponi River
immediately adjacent to the Rainbow
Acres Campground, located in King and
Queen County, near Wakema, Virginia.
DATES: This rule will be effective from
11 a.m. to 6 p.m. on August 27, 2011.
In the case of inclement weather, this
regulation will be effective from 11 a.m.
to 6 p.m. on August 28, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0744 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0744 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 LCDR Christopher A.
O’Neal, Waterways Management
Division Chief, Sector Hampton Roads,
Coast Guard; telephone 757–668–5580,
e-mail Christopher.A.ONeal@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
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 the
Coast Guard did not receive the
application for this event in sufficient
time to allow for publication of an
NPRM, and any delay encountered in
this regulation’s effective date by
publishing a NPRM would require
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either the cancellation of the event, or
require that the event be held without
a safety zone. Either course of action
would be contrary to public interest
since immediate action is needed to
provide for the safety of life and
property on navigable waters.
Additionally, delaying the effective date
would be contrary to the public interest
since immediate action is needed to
ensure the safety of the event
participants, patrol vessels, spectator
craft and other vessels transiting the
event area. The potential dangers posed
by drag boat racing, operating in speeds
excess of 150 miles per hour, make
special local regulations necessary.
However, the Coast Guard will provide
advance notifications to users of the
effected waterways via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers. In addition,
publishing an NPRM is unnecessary
because this event is an annual event
which mariners should be aware of
taking place, as it has been published in
the Federal Register since 2009. The
Coast Guard has never received any
comments regarding this event.
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. Delaying the effective date
would be contrary to the public interest
since immediate action is needed to
ensure the safety of the event
participants, patrol vessels, spectator
craft and other vessels transiting the
event area. The potential dangers posed
by drag boat racing, operating in speeds
excess of 150 miles per hour, make
special local regulations necessary.
However, the Coast Guard will provide
advance notifications to users of the
effected waterways via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers. In addition,
publishing an NPRM is unnecessary
because this event is an annual event
which mariners should be aware of
taking place, as it has been published in
the Federal Register since 2009. The
Coast Guard has never received any
comments regarding this event.
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 date: August 27, 2011, and
in the case of inclement weather, the
event will be rescheduled to August 28,
2011. The races will be held on the
Mattaponi River immediately adjacent
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to the Rainbow Acres Campground in
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.
During this enforcement period,
vessels may not enter the regulated area
unless they receive permission from the
Coast Guard Patrol Commander.
Discussion of Rule
The Coast Guard is establishing
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 in King
and Queen County, Virginia. The
regulated area includes a section of the
Mattaponi River approximately threefourths of a 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 11 a.m.
to 6 p.m. on August 27, 2011; and in the
case of inclement weather, this special
local regulation will be enforced from
11 a.m. to 6 p.m. on August 28, 2011.
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.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
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Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this rule prevents
traffic from transiting a portion of
certain waterways during specified
events, the effect of this regulation will
not be significant due to the limited
duration that the regulated area will be
in effect and the extensive advance
notifications that will be made to the
maritime community via marine
information broadcasts, local radio
stations and area newspapers so
mariners can adjust their plans.
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 would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
this section of Mattaponi River during
the event from 11 a.m. to 6 p.m. on
August 27 or from 11 a.m. to 6 p.m. on
August 28, 2011.
Although this regulation prevents
traffic from transiting a portion of
Mattaponi River during the event, this
rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule would be in
effect for only a limited period. Vessel
traffic will be able to transit the
regulated area between heats if the Coast
Guard Patrol Commander deems it is
safe to do so. Before the enforcement
period, the Coast Guard will issue
maritime advisories so mariners can
adjust their plans accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
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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 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
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.
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52265
Taking of Private Property
This rule will not affect 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
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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. 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 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:
Dated: August 2, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2011–21327 Filed 8–19–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
33 CFR Part 165
[Docket No. USCG–2011–0754]
1. The authority citation for part 100
continues to read as follows:
■
RIN 1625–AA00
Authority: 33 U.S.C. 1233.
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immediately adjacent to Rainbow Acres
Campground in King and Queen
County, Virginia. The regulated area
includes a section of the Mattaponi
River approximately three-fourths of a
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 11 a.m.
to 6 p.m. on August 27, 2011. In the case
of inclement weather, this regulation
will be enforced from 11 a.m. to 6 p.m.
on August 28, 2011.
Add temporary § 100.35T05–XXXX to
read as follows:
Safety Zone; Coast Guard Exercise,
Detroit River, Ambassador Bridge to
the Western Tip of Belle Isle
§ 100.35T05–XXXX Special Local
Regulation; Mattaponi Madness Drag Boat
Race, Mattaponi River, Wakema, Virginia
AGENCY:
(a) Regulated Area. The regulated area
includes all waters of Mattaponi River
SUMMARY:
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ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone in
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the Captain of the Port Detroit Zone on
the Detroit River, from the Ambassador
Bridge to the western tip of Belle Isle.
This safety zone is intended to restrict
vessels from portions of the Detroit
River during the Coast Guard Exercise.
This safety zone is necessary to protect
the public from the hazards associated
with this Coast Guard exercise.
DATES: This rule is effective and will be
enforced from 8 a.m. to 3 p.m. on
August 23, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0754 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0754 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 LT Adrian
Palomeque, Prevention Department,
Sector Detroit, Coast Guard; telephone
(313)568–9508, e-mail Adrian.F.
Palomeque@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
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 doing
so would be impracticable and contrary
to the public interest. Notice was not
received in sufficient time for the Coast
Guard to solicit public comments before
the start of the event. Thus, waiting for
a notice and comment period to run
would be impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect the public from the hazards
E:\FR\FM\22AUR1.SGM
22AUR1
]]>Agencies
[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52263-52266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21327]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0744]
RIN 1625-AA08
Special Local Regulation for Marine Events; Mattaponi Madness
Drag Boat Race, Mattaponi River, Wakema, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard will establish special local regulations
during the Mattaponi Madness Drag
[[Page 52264]]
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 drag boat races on the Mattaponi River
immediately adjacent to the Rainbow Acres Campground, located in King
and Queen County, near Wakema, Virginia.
DATES: This rule will be effective from 11 a.m. to 6 p.m. on August 27,
2011. In the case of inclement weather, this regulation will be
effective from 11 a.m. to 6 p.m. on August 28, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0744 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0744 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 LCDR Christopher A. O'Neal, Waterways
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone
757-668-5580, e-mail Christopher.A.ONeal@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
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 the Coast Guard did not receive the
application for this event in sufficient time to allow for publication
of an NPRM, and any delay encountered in this regulation's effective
date by publishing a NPRM would require either the cancellation of the
event, or require that the event be held without a safety zone. Either
course of action would be contrary to public interest since immediate
action is needed to provide for the safety of life and property on
navigable waters. Additionally, delaying the effective date would be
contrary to the public interest since immediate action is needed to
ensure the safety of the event participants, patrol vessels, spectator
craft and other vessels transiting the event area. The potential
dangers posed by drag boat racing, operating in speeds excess of 150
miles per hour, make special local regulations necessary. However, the
Coast Guard will provide advance notifications to users of the effected
waterways via marine information broadcasts, local notice to mariners,
commercial radio stations and area newspapers. In addition, publishing
an NPRM is unnecessary because this event is an annual event which
mariners should be aware of taking place, as it has been published in
the Federal Register since 2009. The Coast Guard has never received any
comments regarding this event.
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. Delaying the effective date would
be contrary to the public interest since immediate action is needed to
ensure the safety of the event participants, patrol vessels, spectator
craft and other vessels transiting the event area. The potential
dangers posed by drag boat racing, operating in speeds excess of 150
miles per hour, make special local regulations necessary. However, the
Coast Guard will provide advance notifications to users of the effected
waterways via marine information broadcasts, local notice to mariners,
commercial radio stations and area newspapers. In addition, publishing
an NPRM is unnecessary because this event is an annual event which
mariners should be aware of taking place, as it has been published in
the Federal Register since 2009. The Coast Guard has never received any
comments regarding this event.
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 date:
August 27, 2011, and in the case of inclement weather, the event will
be rescheduled to August 28, 2011. The races will be held on the
Mattaponi River immediately adjacent to the Rainbow Acres Campground in
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.
During this enforcement period, vessels may not enter the regulated
area unless they receive permission from the Coast Guard Patrol
Commander.
Discussion of Rule
The Coast Guard is establishing 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 in King and Queen
County, Virginia. The regulated area includes a section of the
Mattaponi River approximately three-fourths of a 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 11 a.m. to 6 p.m. on August 27, 2011;
and in the case of inclement weather, this special local regulation
will be enforced from 11 a.m. to 6 p.m. on August 28, 2011. 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.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking.
[[Page 52265]]
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.
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 would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in this section of Mattaponi River during the event
from 11 a.m. to 6 p.m. on August 27 or from 11 a.m. to 6 p.m. on August
28, 2011.
Although this regulation prevents traffic from transiting a portion
of Mattaponi River during the event, this rule would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule would be in effect for only a
limited period. Vessel traffic will be able to transit the regulated
area between heats if the Coast Guard Patrol Commander deems it is safe
to do so. Before the enforcement period, the Coast Guard will issue
maritime advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we 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 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 affect 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
[[Page 52266]]
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. 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 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
Add temporary Sec. 100.35T05-XXXX to read as follows:
Sec. 100.35T05-XXXX Special Local Regulation; Mattaponi Madness Drag
Boat Race, Mattaponi River, Wakema, Virginia
(a) Regulated Area. The regulated area includes all waters of
Mattaponi River immediately adjacent to Rainbow Acres Campground in
King and Queen County, Virginia. The regulated area includes a section
of the Mattaponi River approximately three-fourths of a 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 11
a.m. to 6 p.m. on August 27, 2011. In the case of inclement weather,
this regulation will be enforced from 11 a.m. to 6 p.m. on August 28,
2011.
Dated: August 2, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-21327 Filed 8-19-11; 8:45 am]
BILLING CODE 9110-04-P
