Special Local Regulation for Marine Events; Yorktown Parade of Sail, York River; Yorktown, VA, 18984-18987 [2012-7513]
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18984
Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Proposed Rules
32. Should spotters receive specific
training for backing maneuvers?
33. Is backing maneuver training
presented formally in a class or
provided informally on a jobsite?
34. If you have one or more
employees who do not speak fluent
English, do you provide backing
maneuver training for them in another
language? Would it be helpful to have
training materials and guidelines
available in a language they can
understand?
H. Economic Issues
35. In addition to backup alarms,
what initial costs are needed for safety
measures associated with backing
maneuvers? Please provide specific
information on these costs.
36. Do these safety measures for
backing maneuvers affect daily
productivity? Please provide specific
information on these productivity costs.
37. Do the various technological
systems (cameras and proximity
detection) save money or time if they
replace spotters? Please explain.
38. Are your costs for general liability
insurance or workers’ compensation
insurance affected by the types of
backup safety systems you use? Please
explain.
39. What property damage has
resulted from backing accidents? Please
describe the types of accidents, the
property damage involved, and the
value of the damaged property.
40. How, and to what extent, would
promulgation of additional standards
that address hazards in backing
maneuvers affect small businesses in
your industry?
41. Do special circumstances exist
that would make additional standards
difficult or costly for small entities?
Please describe these circumstances.
42. Are there steps OSHA could take
that would reduce the burden and cost
of improved backing safety measures for
small businesses? Please explain.
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I. Scope
43. Should OSHA consider framing
the problem in terms of the dangers
associated with workers being too close
to dangerous moving vehicles or mobile
equipment, rather than focusing only on
backover incidents?
44. Are there non-regulatory
alternatives the Agency should
consider?
45. What industry sectors, such as
maritime or construction, have higher
risks or greater frequency of injuries? On
what information do you base your
response?
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17:03 Mar 28, 2012
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J. References
All references in this list are available in
OSHA Docket No. OSHA–2010–0059,
Preventing Backover Injuries and Fatalities.
ANSI A10.47–2009, Work Zone Safety for
Highway Construction.
ANSI B56.1–2009, Safety Standard for Low
Lift and High Lift Trucks.
RCW 46.37.400. Mirrors, backup devices.
16VAC25–97–10. Applicability.
16VAC25–97–30. Covered vehicle
requirements.
16VAC25–97–40. Responsibilities while
engaged in reverse signal operation
activities.
16VAC25–97–50. Training.
WAC 296–155–610(2)(f). Motor vehicles on
construction sites.
Fairfax, R.E., Acting Director, Directorate of
Construction, letter to 20090429–9037,
re: Permissible methods of operating
trucks in reverse on construction sites,
March 2, 2010.
Hurwitz, D.S., Pradhan, A., Fisher, D.,
Knodler, M.A., Muttart, J.W., Menon, R.,
Meissner, U. ‘‘Backing Collisions: a
Study of Drivers’ Eye and Backing
Behaviour Using Combined Rear-view
Camera and Sensor Systems,’’ Injury
Prevention, 16: 79–84, 2010.
Mazzae, E. and Garrott, R. National Highway
Traffic Safety Administration,
‘‘Evaluation of the Performance of
Available Backover Prevention
Technologies for Light Vehicles,’’ The
20th International Technical Conference
on the Enhanced Safety of Vehicles
Conference, Paper Number 07–0292,
2006.
Mazzae, E. and Garrott, W.R. National
Highway Traffic Safety Administration,
‘‘Experimental Evaluation of the
Performance of Available Backover
Prevention Technologies for Medium
Straight Trucks,’’ DOT HS 810 865,
November 2007.
Miles, Jr., J.B., Directorate of Field
Operations, Memorandum for Roger
Clark, Regional Administrator, re:
Interpretation of 29 CFR
1926.602(a)(9)(ii), January 21, 1987.
National Highway Traffic Safety
Administration, ‘‘Fatalities and Injuries
in Motor Vehicle Backing Crashes,’’
Report to Congress, November 2008.
National Highway Traffic Safety
Administration, ‘‘Vehicle Backover
Avoidance Technology Study,’’ Report to
Congress, November 2006.
National Institute for Occupational Safety
and Health, Publication 2001–109,
‘‘Preventing Injuries and Deaths of
Workers Who Operate or Work Near
Forklifts,’’ 2001.
OSHA Backing Injuries 2007–2009, Region 9
Spreadsheet.
OSHA Backing Fatalities 2005–2010
Spreadsheet.
Pegula, S. Bureau of Labor Statistics, ‘‘Fatal
occupational injuries at road
construction sites, 2003–07,’’ Monthly
Labor Review, November 2010.
Pratt, S.G., Fosbroke, D.E, Marsh, S.M.
National Institute for Occupational
Safety and Health, Publication No. 2001–
PO 00000
Frm 00022
Fmt 4702
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128, ‘‘Building Safer Highway Work
Zones: Measures to Prevent Worker
Injuries from Vehicles and Equipment,’’
April 2001.
Robertson, T. Eugene Fire and EMS
Department, ‘‘Personnel Noise Exposure
to Fire Apparatus Backup Alarms:
Eugene Fire and EMS,’’ March 1998.
Ruff, T.M. National Institute for Occupational
Safety and Health, ‘‘Evaluation of
Systems to Monitor Blind Areas Behind
Trucks Used in Road Construction and
Maintenance: Phase 1,’’ Report of
Investigations 9660, February 2003.
Ruff, T.M. ‘‘Monitoring Blind Spots: A Major
Concern for Haul Trucks,’’ Engineering
and Mining Journal, December 2001,
202(12).
Ruff, T.M. National Institute for Occupational
Safety and Health, ‘‘Test Results of
Collision Warning Systems for Surface
Mining Dump Trucks,’’ Report of
Investigations 9652, May 2000.
Suter, A.H. ‘‘Construction Noise: Exposure,
Effects, and the Potential for
Remediation; A Review and Analysis,’’
American Industrial Hygiene Association
Journal, 63: 768–789, November/
December 2002.
Swanson, R., Director, Directorate of
Construction, letter re: Alternatives to
common back-up alarms on construction
motor vehicles; use of other effective
technology or observers/signal persons,
September 27, 2004.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, authorized the
preparation of this notice pursuant to
Sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657), 29 CFR part 1911, and
Secretary’s Order 1–2012 (77 FR 3192).
Signed at Washington, DC, on March 23,
2012.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2012–7510 Filed 3–28–12; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0182]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Yorktown Parade of Sail, York
River; Yorktown, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Proposed Rules
The Coast Guard proposes to
establish special local regulation during
the Yorktown Parade of Sail, a parade of
five tall ships and 195 other vessels, to
be held on the waters of York River,
Yorktown, Virginia on June 2, 2012.
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 York River, Yorktown,
Virginia during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 30, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0182 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.
SUMMARY:
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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
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Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not 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 LCDR
Christopher O’Neal at the telephone
number or email address indicated
under the FOR FURTHER INFORMATION
CONTACT section of this notice.
Viewing Comments and Documents
To view documents mentioned in this
preamble as being available in the
docket, go to https://
www.regulations.gov, type the docket
number USCG–2012–0182 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rulemaking. 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.
Basis and Purpose
This regulation proposes to add an
enforcement period of a new special
local regulation for one marine event
within the Fifth Coast Guard District.
Marine events are frequently held on the
navigable waters within the boundaries
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.
On June 2, 2012, York County
Recreation Parks and Tourism will
sponsor the ‘‘Yorktown Parade of Sail’’
on the waters of York River. The event
will consist of approximately 200
vessels on the waters of York River,
Yorktown, VA. A fleet of spectator
vessels is expected to gather near the
event site to view the parade. 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 races. The
regulation at 33 CFR 100.501 would be
enforced for the duration of the event.
Under the provisions of 33 CFR 100.501,
from Noon to 2 p.m. on June 2, 2012,
vessels may not enter the regulated area
unless they receive permission from the
Coast Guard Patrol Commander.
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
If
you have questions on this proposed
rule, call or email LCDR Christopher
O’Neal, Waterways Management
Division Chief, Sector Hampton Roads,
Coast Guard; telephone 757–668–5581,
email Christopher.A.ONeal@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:
FOR FURTHER INFORMATION CONTACT:
rulemaking USCG–2012–0182, 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 at 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, 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 email 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, type the
docket number USCG–2012–0182 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
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.
18985
Discussion of Proposed Rule
The Coast Guard is establishing a
temporary special local regulation on
specified waters of the York River, in
Yorktown, Virginia. The regulated area
will be established in the interest of
public safety during the ‘‘Yorktown
Parade of Sail’’, and will be enforced
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Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Proposed Rules
from Noon to 2 p.m. on June 2, 2012.
The Coast Guard, at its discretion, when
practical, will allow the passage of
vessels. Except for participants and
vessels authorized by the Captain of the
Port or his Representative, no person or
vessel may enter or remain in the
regulated area.
The regulated area will include all
waters of the York River bounded by the
north and south shores of the York River
and to the west by the Coleman
Memorial Bridge and bounded to the
east by a line drawn from the United
States Coast Guard pier to Gaines Point
in Gloucester, VA.
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Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 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, 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this rule
prevents traffic from transiting a portion
of the York River from Noon until 2
p.m. on June 2, 2012, 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 proposed rule would have
a significant economic impact on a
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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.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels intending to transit
this section of the York River from Noon
until 2 p.m. on June 2, 2012.
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.
This regulation will not have a
significant impact on a substantial
number of small entities because: (i) It
will be enforced only for a short period
of time (two hours); (ii) vessels may be
granted the opportunity to transit the
safety zone during the period of
enforcement if the Patrol Commander
deems it safe to do so; (iii) vessels may
transit around the safety zone; and (iv)
before the enforcement period, the Coast
Guard will issue maritime advisories so
mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we 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 contact LCDR
Christopher O’Neal. 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).
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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.
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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 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
18987
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. In § 100.501, add temporary line
No. (c)25 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.
COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE
Number
Date
*
25 .........
*
*
Event
Sponsor
*
June 2, 2012 ..................
*
Yorktown Parade of Sail
*
York County Recreation
Parks and Tourism.
*
*
*
Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–7513 Filed 3–28–12; 8:45 am]
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BILLING CODE 9110–04–P
Location
*
*
*
Regulated area includes all waters of the York
River bounded by the north and south shores of
the York River and to the west by the Coleman
Memorial Bridge and bounded to the east by a
line drawn from the United States Coast Guard
pier to Gaines Point in Gloucester, VA. All coordinates reference Datum NAD 1983.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0924; FRL–9653–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Nonattainment New
Source Review; Fine Particulate Matter
(PM2.5)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revisions submitted by the
Commonwealth of Pennsylvania. These
SUMMARY:
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revisions pertaining to Pennsylvania’s
nonattainment New Source Review
(NSR) program incorporate
preconstruction permitting regulations
for fine particulate matter (PM2.5) into
the Pennsylvania SIP. EPA is approving
these revisions in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before April 30, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0924 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
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]]>Agencies
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Proposed Rules]
[Pages 18984-18987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7513]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0182]
RIN 1625-AA08
Special Local Regulation for Marine Events; Yorktown Parade of
Sail, York River; Yorktown, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 18985]]
SUMMARY: The Coast Guard proposes to establish special local regulation
during the Yorktown Parade of Sail, a parade of five tall ships and 195
other vessels, to be held on the waters of York River, Yorktown,
Virginia on June 2, 2012. 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 York River,
Yorktown, Virginia during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 30, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0182 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 or email LCDR Christopher O'Neal, Waterways Management
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email Christopher.A.ONeal@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-2012-0182, 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 at 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, 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 email
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,
type the docket number USCG-2012-0182 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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 documents mentioned in this preamble as being available in
the docket, go to https://www.regulations.gov, type the docket number
USCG-2012-0182 in the ``SEARCH'' box and click ``SEARCH.'' Click on
Open Docket Folder on the line associated with this rulemaking. 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.
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 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 LCDR Christopher O'Neal at the telephone number or email
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.
Basis and Purpose
This regulation proposes to add an enforcement period of a new
special local regulation for one marine event within the Fifth Coast
Guard District. Marine events are frequently held on the navigable
waters within the boundaries 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.
On June 2, 2012, York County Recreation Parks and Tourism will
sponsor the ``Yorktown Parade of Sail'' on the waters of York River.
The event will consist of approximately 200 vessels on the waters of
York River, Yorktown, VA. A fleet of spectator vessels is expected to
gather near the event site to view the parade. 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 races. The regulation at 33 CFR 100.501 would be enforced
for the duration of the event. Under the provisions of 33 CFR 100.501,
from Noon to 2 p.m. on June 2, 2012, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander.
Discussion of Proposed Rule
The Coast Guard is establishing a temporary special local
regulation on specified waters of the York River, in Yorktown,
Virginia. The regulated area will be established in the interest of
public safety during the ``Yorktown Parade of Sail'', and will be
enforced
[[Page 18986]]
from Noon to 2 p.m. on June 2, 2012. The Coast Guard, at its
discretion, when practical, will allow the passage of vessels. Except
for participants and vessels authorized by the Captain of the Port or
his Representative, no person or vessel may enter or remain in the
regulated area.
The regulated area will include all waters of the York River
bounded by the north and south shores of the York River and to the west
by the Coleman Memorial Bridge and bounded to the east by a line drawn
from the United States Coast Guard pier to Gaines Point in Gloucester,
VA.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 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,
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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
rule prevents traffic from transiting a portion of the York River from
Noon until 2 p.m. on June 2, 2012, 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 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.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit this section of the York River from Noon until 2
p.m. on June 2, 2012.
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. This regulation will not
have a significant impact on a substantial number of small entities
because: (i) It will be enforced only for a short period of time (two
hours); (ii) vessels may be granted the opportunity to transit the
safety zone during the period of enforcement if the Patrol Commander
deems it safe to do so; (iii) vessels may transit around the safety
zone; and (iv) before the enforcement period, the Coast Guard will
issue maritime advisories so mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we 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 contact LCDR Christopher O'Neal. 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.
[[Page 18987]]
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 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. 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. In Sec. 100.501, add temporary line No. (c)25 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.
Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
25.............. June 2, 2012......... Yorktown Parade of York County Regulated area includes
Sail. Recreation Parks and all waters of the York
Tourism. River bounded by the
north and south shores
of the York River and to
the west by the Coleman
Memorial Bridge and
bounded to the east by a
line drawn from the
United States Coast
Guard pier to Gaines
Point in Gloucester, VA.
All coordinates
reference Datum NAD
1983.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-7513 Filed 3-28-12; 8:45 am]
BILLING CODE 9110-04-P
