Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, John H. Kerr Reservoir, Clarksville, VA, 55558-55561 [2011-22917]
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55558
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
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.
erowe on DSK5CLS3C1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
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14:47 Sep 07, 2011
Jkt 223001
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.
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 1 p.m.
to 4 p.m. on September 18, 2011.
List of Subjects in 33 CFR Part 100
Coast Guard
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35T05–0741
to read as follows:
§ 100.501–35T05–0741 Special Local
Regulations; Chesapeake Bay Workboat
Race, Poquoson, Virginia.
(a) Regulated Area. The regulated area
includes all waters of the Back River,
Poquoson, Virginia, bounded to the
north by a line drawn along latitude
37°06′30″ N, bounded to the south by a
line drawn along latitude 37°16′15″ N,
bounded to the east by a line drawn
along longitude 076°18′52″ W and
bounded on the west by a line drawn
along longitude 076°19′30″ W. 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,
Frm 00006
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[FR Doc. 2011–22918 Filed 9–7–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 100
[Docket No. USCG–2011–0545]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Temporary Change of Dates
for Recurring Marine Events in the
Fifth Coast Guard District, John H.
Kerr Reservoir, Clarksville, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
■
PO 00000
Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
The Coast Guard will
temporarily change the enforcement
period of special local regulations for
one recurring marine event in the Fifth
Coast Guard District, specifically, the
‘‘Clarksville Hydroplane Challenge,’’
hydroplane races on the waters of the
John H. Kerr Reservoir. Because this
event will consist of approximately 80
hydroplane powerboats conducting
high-speed competitive races in heats
counter-clockwise around an oval
racecourse on the water of the John H.
Kerr Reservoir, this regulation is
necessary to provide for the safety of life
on navigable waters during the event.
This action is intended to restrict vessel
traffic in portions of the John H. Kerr
Reservoir in Clarksville, Virginia during
the event.
DATES: This rule is effective from 9 a.m.
September 24, 2011 until 6 p.m. on
September 25, 2011. This rule will be
enforced from 9 a.m. to 6 p.m. on
September 24 and 25, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0545 and are
available online by going to https://www.
SUMMARY:
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
regulations.gov, inserting USCG–2011–
0545 in the ‘‘Keyword’’ box, and then
clicking ‘‘Search.’’ This material is also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail LCDR Christopher A.
O’Neal, Waterways Management
Division Chief, Sector Hampton Roads,
Coast Guard; telephone 757–668–5581,
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
On June 27, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulation for
Marine Events; Temporary Change of
Dates for Recurring Marine Events in the
Fifth Coast Guard District, John H. Kerr
Reservoir, Clarksville VA. in the Federal
Register (76 FR 123). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard was informed
about the changed date too late for the
full delayed-effective date period to run.
In addition, the public interest favors
allowing the event to take place at its
scheduled time. The burden on the
boating public will be low, consisting of
a short restriction on vessel traffic in a
limited area, with passage allowed
when safe to do so. The benefit of
allowing the event to continue as
scheduled will be enjoyed by a large
number of participants and spectators.
erowe on DSK5CLS3C1PROD with RULES
Background and Purpose
Marine events are frequently held on
the navigable waters within the
boundary of Fifth Coast Guard District.
The water activities that typically
comprise marine events include sailing
regattas, power boat races, swim races
and holiday parades. For a description
of the geographical area of each Coast
Guard Sector—Captain of the Port Zone,
please see 33 CFR 3.25.
This regulation will temporarily
change the enforcement period of
special local regulations for one
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Jkt 223001
recurring marine event within Fifth
Coast Guard District. This regulation
applies to one marine event in 33 CFR
100.501, Table to § 100.501.
On September 24 and 25, 2011, the
Cambridge Power Boat Racing
Association will sponsor the
‘‘Clarksville Hydroplane Challenge’’
hydroplane races on the waters of the
John H. Kerr Reservoir. The regulation
at 33 CFR 100.501 is effective annually
for this hydroplane boat race marine
event. The event will consist of
approximately 80 hydroplane
powerboats conducting high-speed
competitive races in heats counterclockwise around an oval racecourse on
the water of the John H. Kerr Reservoir
adjacent to Occoneechee State Park,
Clarksville, Virginia and State Route 15
Highway Bridge. A fleet of spectator
vessels is expected to gather near the
event site to view the competition. To
provide for the safety of participants,
spectators, support and transiting
vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the hydroplane races.
The regulation at 33 CFR 100.501 will
be enforced for the duration of the
event. Under the provisions of 33 CFR
100.501, from 9 a.m. to 6 p.m. on
September 24 and 25, 2011, vessels may
not enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing a special
local regulation on the specified waters
of John H. Kerr Reservoir, Clarksville,
Virginia.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
PO 00000
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Fmt 4700
Sfmt 4700
55559
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
Although this rule prevents traffic from
transiting a portion of certain waterways
during specified times, the effect of this
regulation will not be significant due to
the limited duration that the regulated
area will be in effect and the extensive
advance notifications that will be made
to the maritime community via marine
information broadcasts, local radio
stations and area newspapers so
mariners can adjust their plans
accordingly. Additionally, this
rulemaking does not change the
permanent regulated areas that have
been published in 33 CFR 100.501,
Table to § 100.501. In some cases vessel
traffic may be able to transit the
regulated area when the coast Guard
Patrol Commander deems it is safe to do
so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the area where the marine event is being
held. This regulation will not have a
significant impact on a substantial
number of small entities because it will
be enforced only during the marine
events that have been permitted by the
Coast Guard Captain of the Port. The
Captain of the Port will ensure that
small entities are able to operate in the
areas where the event is occurring when
it is safe to do so. In some cases vessels
will be able to safely transit around the
regulated area at various times, and,
with the permission of the Patrol
Commander, vessels may transit
through the regulated area. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (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.
erowe on DSK5CLS3C1PROD with RULES
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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14:47 Sep 07, 2011
Jkt 223001
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. In § 100.501, suspend line No. 47 in
the Table to § 100.501.
■ 3. In § 100.501, add line No. 62 in
Table to § 100.501 to read as follows:
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
*
*
*
*
*
Table To § 100.501.—All coordinates
listed in the Table to § 100.501 reference
Datum NAD 1983.
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
55561
COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE
Number
Date
*
62 ..............
*
*
Event
*
September 24 and
25, 2011.
*
*
*
Clarksville Hydroplane Challenge.
[FR Doc. 2011–22917 Filed 9–7–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 100
[Docket No. USCG–2011–0629]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Temporary Change of Dates
for Recurring Marine Events in the
Fifth Coast Guard District, Wrightsville
Channel; Wrightsville Beach, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard will
temporarily change the enforcement
period of one special local regulation for
a recurring marine event in the Fifth
Coast Guard District, specifically the
‘‘Wilmington YMCA Triathlon’’
conducted on the waters of Wrightsville
Channel near Wrightsville Beach, North
Carolina. This Special Local Regulation
is necessary to provide for the safety of
life on navigable waters during the
event, which has been rescheduled from
the last Saturday in September to the
second-to-last Saturday in September.
This action is intended to restrict vessel
traffic on Wrightsville Channel during
the swimming portion of this event.
DATES: This rule is effective on
September 17, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0629 and are
available online by going to https://
SUMMARY:
erowe on DSK5CLS3C1PROD with RULES
*
*
*
The waters of the John H. Kerr Reservoir, adjacent to the
State Route 15 Highway Bridge and Occoneechee State
Park, Clarksville, Virginia, from shoreline to shoreline,
bounded on the south by a line running northeasterly from
a point along the shoreline at latitude 36°37′14″ N, longitude 078°32′46.5″ W, thence to latitude 36°37′39.2″ N,
longitude 078°32′08.8″ W, and bounded on the north by
the State Route 15 Highway Bridge.
If
you have questions on this proposed
rule, call or e-mail BOSN3 Joseph M.
Edge, Coast Guard Sector North
Carolina, Coast Guard; telephone 252–
247–4525, e-mail Joseph.M.Edge@
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.
FOR FURTHER INFORMATION CONTACT:
Coast Guard
VerDate Mar<15>2010
*
Cambridge Power
Boat Racing
Assoc.
Location
www.regulations.gov, inserting USCG–
2011–0629 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
*
Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
ACTION:
Sponsor
14:47 Sep 07, 2011
Jkt 223001
Regulatory Information
On July 27, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Temporary Change of
Dates for Recurring Marine Events in the
Fifth Coast Guard District, Wrightsville
Channel; Wrightsville Beach, NC in the
Federal Register (76 FR 44877). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than
30 days after publication in the Federal
Register. The Coast Guard was informed
about the changed date too late for the
full delayed-effective date period to run.
In addition, the public interest favors
allowing the event to run at its
scheduled time. The burden on the
boating public will be low, consisting of
a short restriction on vessel traffic in a
limited area, with passage allowed
when safe to do so. The benefit of
allowing the event to continue as
scheduled will be enjoyed by a large
number of participants and spectators.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Background and Purpose
The YMCA sponsors the annual,
‘‘Wilmington YMCA Triathlon’’, at
Wrightsville Beach, North Carolina. The
Triathlon consists of three events: A
running portion, a bike-riding portion,
and a swimming portion. The
swimming portion of the Triathlon takes
place in the waters adjacent to
Wrightsville Beach. A special local
regulation is effective annually to create
a safety zone for the swimming portion
of the Triathlon.
The listing of annual recurring marine
events within the Fifth Coast Guard
District, that specifies regulated area
and enforcement date(s) are published
in 33 CFR § 100.501. The Table to
§ 100.501 identifies marine events by
Captain of the Port zone. This rule
changes the date for the marine event
listed on line No. 57 in the Table.
The regulation as specified on line
No. 57 in the Table; indicates the
Triathlon event should take place on
September 24, 2011, although this year
the event date will take place one week
earlier, on September 17, 2011.
The swim portion of the Triathlon,
scheduled to take place on Saturday
September 17, 2011, will consist of two
groups of 750 swimmers entering Banks
Channel at the Blockade Runner Hotel
and swimming northwest along Motts
Channel to Seapath Marine. A fleet of
spectator vessels are expected to gather
near the event site to view the
competition.
To provide for the safety of the
participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the swimming portion
of the triathlon. The regulation at 33
CFR 100.501 will be enforced from 7
a.m. to 9 a.m. on September 17, 2011;
vessels will not be able enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander.
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]]>Agencies
[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55558-55561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22917]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0545]
RIN 1625-AA08
Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
John H. Kerr Reservoir, Clarksville, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will temporarily change the enforcement period
of special local regulations for one recurring marine event in the
Fifth Coast Guard District, specifically, the ``Clarksville Hydroplane
Challenge,'' hydroplane races on the waters of the John H. Kerr
Reservoir. Because this event will consist of approximately 80
hydroplane powerboats conducting high-speed competitive races in heats
counter-clockwise around an oval racecourse on the water of the John H.
Kerr Reservoir, this regulation is necessary to provide for the safety
of life on navigable waters during the event. This action is intended
to restrict vessel traffic in portions of the John H. Kerr Reservoir in
Clarksville, Virginia during the event.
DATES: This rule is effective from 9 a.m. September 24, 2011 until 6
p.m. on September 25, 2011. This rule will be enforced from 9 a.m. to 6
p.m. on September 24 and 25, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0545 and are available online by going to
https://www.
[[Page 55559]]
regulations.gov, inserting USCG-2011-0545 in the ``Keyword'' box, and
then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LCDR Christopher A. O'Neal, Waterways
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone
757-668-5581, 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
On June 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Events; Temporary
Change of Dates for Recurring Marine Events in the Fifth Coast Guard
District, John H. Kerr Reservoir, Clarksville VA. in the Federal
Register (76 FR 123). We received no comments on the proposed rule. No
public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard was informed about
the changed date too late for the full delayed-effective date period to
run. In addition, the public interest favors allowing the event to take
place at its scheduled time. The burden on the boating public will be
low, consisting of a short restriction on vessel traffic in a limited
area, with passage allowed when safe to do so. The benefit of allowing
the event to continue as scheduled will be enjoyed by a large number of
participants and spectators.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of Fifth Coast Guard District. The water activities that
typically comprise marine events include sailing regattas, power boat
races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
This regulation will temporarily change the enforcement period of
special local regulations for one recurring marine event within Fifth
Coast Guard District. This regulation applies to one marine event in 33
CFR 100.501, Table to Sec. 100.501.
On September 24 and 25, 2011, the Cambridge Power Boat Racing
Association will sponsor the ``Clarksville Hydroplane Challenge''
hydroplane races on the waters of the John H. Kerr Reservoir. The
regulation at 33 CFR 100.501 is effective annually for this hydroplane
boat race marine event. The event will consist of approximately 80
hydroplane powerboats conducting high-speed competitive races in heats
counter-clockwise around an oval racecourse on the water of the John H.
Kerr Reservoir adjacent to Occoneechee State Park, Clarksville,
Virginia and State Route 15 Highway Bridge. A fleet of spectator
vessels is expected to gather near the event site to view the
competition. To provide for the safety of participants, spectators,
support and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic in the event area during the hydroplane races.
The regulation at 33 CFR 100.501 will be enforced for the duration of
the event. Under the provisions of 33 CFR 100.501, from 9 a.m. to 6
p.m. on September 24 and 25, 2011, vessels may not enter the regulated
area unless they receive permission from the Coast Guard Patrol
Commander.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing a special local regulation
on the specified waters of John H. Kerr Reservoir, Clarksville,
Virginia.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this rule prevents
traffic from transiting a portion of certain waterways during specified
times, the effect of this regulation will not be significant due to the
limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts, local radio stations and
area newspapers so mariners can adjust their plans accordingly.
Additionally, this rulemaking does not change the permanent regulated
areas that have been published in 33 CFR 100.501, Table to Sec.
100.501. In some cases vessel traffic may be able to transit the
regulated area when the coast Guard Patrol Commander deems it is safe
to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the area where the marine event is being held.
This regulation will not have a significant impact on a substantial
number of small entities because it will be enforced only during the
marine events that have been permitted by the Coast Guard Captain of
the Port. The Captain of the Port will ensure that small entities are
able to operate in the areas where the event is occurring when it is
safe to do so. In some cases vessels will be able to safely transit
around the regulated area at various times, and, with the permission of
the Patrol Commander, vessels may transit through the regulated area.
Before the enforcement period, the Coast Guard will issue maritime
advisories so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 55560]]
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (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 effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. 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.
0
2. In Sec. 100.501, suspend line No. 47 in the Table to Sec. 100.501.
0
3. In Sec. 100.501, add line No. 62 in Table to Sec. 100.501 to read
as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table To Sec. 100.501.--All coordinates listed in the Table to
Sec. 100.501 reference Datum NAD 1983.
[[Page 55561]]
Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62............... September 24 and Clarksville Cambridge Power The waters of the John H. Kerr
25, 2011. Hydroplane Boat Racing Assoc. Reservoir, adjacent to the State
Challenge. Route 15 Highway Bridge and
Occoneechee State Park,
Clarksville, Virginia, from
shoreline to shoreline, bounded
on the south by a line running
northeasterly from a point along
the shoreline at latitude
36[deg]37'14'' N, longitude
078[deg]32'46.5'' W, thence to
latitude 36[deg]37'39.2'' N,
longitude 078[deg]32'08.8'' W,
and bounded on the north by the
State Route 15 Highway Bridge.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-22917 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P
