Special Local Regulation for Marine Events, Chesapeake Bay Workboat Race, Back River, Messick Point; Poquoson, VA, 19570-19573 [2012-7790]
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19570
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules
Issued in Renton, Washington, on March
22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–7770 Filed 3–30–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0169]
RIN 1625–AA08
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a special local regulation
during the Chesapeake Bay Workboat
Race, a series of boat races to be held on
the waters of Back River, Poquoson,
Virginia on June 24, 2012. This event
will consist of approximately 75
powerboats conducting high-speed
competitive races on the waters of the
Back River. 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 Back River,
Messick Point, Poquoson, Virginia
during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 2, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0169 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
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SUMMARY:
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If
you have questions on this proposed
rule, call or email If you have questions
on this temporary 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:
Public Participation and Request for
Comments
Special Local Regulation for Marine
Events, Chesapeake Bay Workboat
Race, Back River, Messick Point;
Poquoson, VA
ACTION:
below for instructions on submitting
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–2012–0169),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://www.
regulations.gov) or by fax, mail, or hand
delivery, but please use only one of
these means. If you submit a comment
online via www.regulations.gov, it will
be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand deliver,
or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an 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–2012–0169) 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
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Facility, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period
and may change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0169) 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 now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact 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
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.
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules
This regulation proposes to add an
enforcement period of a new special
local regulation for one marine event
within Fifth Coast Guard District.
On June 24, 2012, the Chesapeake Bay
Workboat Race Committee will sponsor
the ‘‘2012 Chesapeake Bay Workboat
Races’’ on the waters of Back River. The
event will consist of approximately 75
powerboats conducting high-speed
competitive races on the waters of Back
River, Messick Point, Poquoson, VA. 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 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 11 a.m. to 5 p.m. on June 24, 2012,
vessels may not enter the regulated area
unless they receive permission from the
Coast Guard Patrol Commander.
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Discussion of Proposed Rule
The Coast Guard is establishing a
temporary special local regulation on
specified waters of the Back River,
Messick Point in Poquoson, Virginia.
The regulated area will be established in
the interest of public safety during the
‘‘Chesapeake Bay Workboat Race’’, and
will be enforced from 11 a.m. to 5 p.m.
on June 24, 2012. The Coast Guard, at
its discretion, when practical, will allow
the passage of vessels when races are
not taking place. 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.
This regulation would establish an
enforcement location to include 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.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
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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 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 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 Back River during the
event.
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
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of time (six 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 the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
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
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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:
Environment
Authority: 33 U.S.C. 1233.
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
2. In § 100.501, Table to § 100.501,
add temporary line No. 26 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
No.
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26 ......
Date
*
June 24, 2012—
11 a.m. to 5
p.m.
VerDate Mar<15>2010
Event
Sponsor
Location
*
2012 Chesapeake
Bay Workboat
Race.
*
Chesapeake Bay
Workboat Race
Committee.
*
*
*
*
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.
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules
*
*
*
*
*
If
you have questions on this proposed
rule, call or email Mr. Mark Cutter,
Coast Guard Sector Boston Waterways
Management Division, telephone 617–
223–4000, email
Mark.E.Cutter@uscg.mil or Lieutenant
Junior Grade Isaac Slavitt, Coast Guard
First District Waterways Management
Branch, telephone 617–223–8385, email
Isaac.M.Slavitt@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:
Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–7790 Filed 3–30–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0130]
RIN 1625–AA00
Safety Zone; Wedding Fireworks
Display, Boston Inner Harbor, Boston,
MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of the Boston Inner
Harbor in the vicinity of Anthony’s Pier
4, Boston, MA for a wedding fireworks
display. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
fireworks displays.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 2, 2012. Requests for
public meetings must be received by the
Coast Guard on or before April 9, 2012.
The Coast Guard anticipates that this
proposed rule will be effective from 8
p.m. to 11 p.m. on May 19, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0130 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.
sroberts on DSK5SPTVN1PROD with PROPOSALS
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
rulemaking (USCG–2012–0130),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://www.
regulations.gov) or by fax, mail, or hand
delivery, but please use only one of
these means. If you submit a comment
online via www.regulations.gov, it will
be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand deliver,
or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an 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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2012–0130’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
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19573
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0130’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one by 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.
Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
This proposed safety zone is
necessary to ensure the safety of
spectators and vessels from hazards
associated with the fireworks display.
E:\FR\FM\02APP1.SGM
02APP1
]]>Agencies
[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Proposed Rules]
[Pages 19570-19573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7790]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0169]
RIN 1625-AA08
Special Local Regulation for Marine Events, Chesapeake Bay
Workboat Race, Back River, Messick Point; Poquoson, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a special local
regulation during the Chesapeake Bay Workboat Race, a series of boat
races to be held on the waters of Back River, Poquoson, Virginia on
June 24, 2012. This event will consist of approximately 75 powerboats
conducting high-speed competitive races on the waters of the Back
River. 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 Back River, Messick Point,
Poquoson, Virginia during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before May 2, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0169 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 If you have questions on this temporary 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-2012-0169), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an 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-2012-0169) 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 comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0169) 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 now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact 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
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.
[[Page 19571]]
This regulation proposes to add an enforcement period of a new
special local regulation for one marine event within Fifth Coast Guard
District.
On June 24, 2012, the Chesapeake Bay Workboat Race Committee will
sponsor the ``2012 Chesapeake Bay Workboat Races'' on the waters of
Back River. The event will consist of approximately 75 powerboats
conducting high-speed competitive races on the waters of Back River,
Messick Point, Poquoson, VA. 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 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 11 a.m. to 5 p.m. on June 24, 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 Back River, Messick Point in
Poquoson, Virginia. The regulated area will be established in the
interest of public safety during the ``Chesapeake Bay Workboat Race'',
and will be enforced from 11 a.m. to 5 p.m. on June 24, 2012. The Coast
Guard, at its discretion, when practical, will allow the passage of
vessels when races are not taking place. 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.
This regulation would establish an enforcement location to include
all waters of the Back River, Poquoson, Virginia, bounded to the north
by a line drawn along latitude 37[deg]06'30'' N, bounded to the south
by a line drawn along latitude 37[deg]16'15'' N, bounded to the east by
a line drawn along longitude 076[deg]18'52'' W and bounded on the west
by a line drawn along longitude 076[deg]19'30'' W.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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 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 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
Back River during the event.
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 (six
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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule 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
[[Page 19572]]
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions 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, Table to Sec. 100.501, add temporary line No.
26 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
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26....... June 24, 2012--11 2012 Chesapeake Chesapeake Bay The regulated area includes all waters of
a.m. to 5 p.m. Bay Workboat Race. Workboat Race the Back River, Poquoson, Virginia,
Committee. bounded to the north by a line drawn
along latitude 37[deg]06'30'' N, bounded
to the south by a line drawn along
latitude 37[deg]16'15'' N, bounded to the
east by a line drawn along longitude
076[deg]18'52'' W and bounded on the west
by a line drawn along longitude
076[deg]19'30'' W. All coordinates
reference Datum NAD 1983.
----------------------------------------------------------------------------------------------------------------
[[Page 19573]]
* * * * *
Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-7790 Filed 3-30-12; 8:45 am]
BILLING CODE 9110-04-P
