Temporary Change of Dates for Recurring Marine Event in the Fifth Coast Guard District, Mattaponi Drag Boat Race, Mattaponi River; Wakema, VA, 33216-33219 [2013-13001]

Download as PDF 33216 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations the estimated charges before OSTP begins to process the new request or a pending request from that requester. In this case, OSTP’s working days to process the request as described in § 2402.5 will not begin to run until the date OSTP receives the full amount of any fees owed and/or the advance payment of the full amount of the estimated charges. (f) Other charges. OSTP will recover the full costs of providing services such as those enumerated below when it elects to provide them: (1) Certifying that records are true copies; (2) Sending records by special methods such as express mail. (g) Remittances. Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, or a postal money order. Remittances shall be made payable to the Treasury of the United States and mailed to the Chief FOIA Officer, Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Ave. NW., Washington, DC 20504. Updates to this contact information will be made on the OSTP Web site. (h) Receipts and refunds. A receipt for fees paid will be given upon request. A refund of fees paid for services actually rendered will not be made. wreier-aviles on DSK5TPTVN1PROD with RULES § 2402.9 Waiver of fees. 15:17 Jun 03, 2013 § 2402.10 Maintenance of statistics. (a) OSTP shall maintain records that are sufficient to allow accurate reporting of FOIA processing statistics, as required under 5 U.S.C. 552 and all guidelines for the preparation of annual FOIA reports issued by the Department of Justice. (b) OSTP shall annually, on or before February 1 of each year, prepare and submit to the Attorney General an annual report compiling the statistics maintained in accordance with paragraph (a) of this section for the previous fiscal year. A copy of the report will be available for public inspection at the OSTP Web site. § 2402.11 Disclaimer. Nothing in this part shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under FOIA. Ted Wackler, Deputy Chief of Staff and Assistant Director. [FR Doc. 2013–13072 Filed 6–3–13; 8:45 am] BILLING CODE 3270–F3–P (a) In general. OSTP shall waive part or all of the fees assessed under § 2402.8 if the following conditions are satisfied: (1) Disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government; and (2) Disclosure is not primarily in the commercial interest of the requester. (b) Clarification. Where OSTP has reasonable cause to doubt the use to which a requester will put the records sought, or where that use is not clear from the request itself, OSTP may seek clarification from the requester before assigning the request to a specific category for fee assessment purposes. (c) Partial waiver of fees. If the two conditions stated in paragraph (a) of this section are met, OSTP will ordinarily waive all fees. In exceptional cases and provided that the requester does not meet the conditions stated in paragraph (a), however, a partial waiver may be granted if the request for records would impose an exceptional burden on OSTP or require an exceptional expenditure of OSTP resources. (d) Failure to comply. OSTP will not assess fees under § 2402.8 if the Agency fails to comply with any time limit and VerDate Mar<15>2010 no exceptional circumstances apply to processing the request. (e) Waivers. OSTP may waive fees in other circumstances solely at its discretion, consistent with 5 U.S.C. 552 and the Fee Waiver Policy Guidance issued by the Department of Justice. Jkt 229001 DEPARTMENT OF HOMELAND SECURITY Coast Guard This action is intended to restrict vessel traffic during the power boat races on the Mattaponi River immediately adjacent to the Rainbow Acres Campground, located in King and Queen County, near Wakema, Virginia. DATES: This rule is effective June 22–23, 2013. This rule will be enforced from 10 a.m. to 6 p.m. on June 22, 2013. In the event of inclement weather on June 22, 2013, this rule will be enforced from 10 a.m. to 6 p.m. on June 23, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0325]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Hector Cintron, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone 757–668–5581, email Hector.L.Cintron@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: 33 CFR Part 100 Table of Acronyms [Docket Number USCG–2013–0325] DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking RIN 1625–AA08 Temporary Change of Dates for Recurring Marine Event in the Fifth Coast Guard District, Mattaponi Drag Boat Race, Mattaponi River; Wakema, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary change to the enforcement period of special local regulation for one recurring marine event in the Fifth Coast Guard District. This event is the Mattaponi Drag Boat Race, which is a series of power boat races to be held on the waters of the Mattaponi River, near Wakema, Virginia. This special local regulation is necessary to provide for the safety of life on navigable waters during the event. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 A. Regulatory History and Information This rule involves an annually occurring marine event that is scheduled to take place on the 3rd or 4th Saturday in August, as published in the table to 33 CFR 100.501. The Mattaponi Volunteer Rescue Squad has changed the date of the event to take place on June 22, 2013 from 10 a.m. to 6 p.m. The ‘‘rain date’’ is June 23, 2013. The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are E:\FR\FM\04JNR1.SGM 04JNR1 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because any delay encountered in this regulation’s effective date by publishing a NPRM would be contrary to public interest. On April 8, 2013 the Coast Guard was informed about the date change. It appears that the original sponsoring organization for this event is now defunct and a new sponsor has taken over. The new sponsor did not submit the requisite Application for a marine event on time. 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 measures contemplated by this rule are intended to protect the safety of the persons participating in the event, spectators to the event and any other vessels that may pass through the restricted area. Any delaying of the effective date would be contrary to the public interest since immediate action is needed to ensure the safety of those noted. wreier-aviles on DSK5TPTVN1PROD with RULES B. Basis and Purpose The Mattaponi Volunteer Rescue Squad is sponsoring a series of power boat racing events titled the ‘‘Mattaponi Madness Drag Boat Event.’’ The power boat races will be held on the following dates: June 22, 2013, and in the case of inclement weather, the event will be rescheduled to June 23, 2013. The races will be held on the Mattaponi River immediately adjacent to the Rainbow Acres Campground, King and Queen County, Virginia. The power boat races will consist of approximately 40 vessels conducting high speed straight line runs along the river and parallel to the shoreline. A fleet of spectator vessels is expected to gather near the event site to view the competition. To provide for the safety of participants, spectators and other transiting vessels, the Coast Guard will temporarily restrict vessel traffic in the event area during the power boat races. C. Discussion of the Final Rule The regulation listing annual marine events within the Fifth Coast Guard District and corresponding dates is 33 CFR 100.501. The Table to § 100.501 identifies marine events by Captain of the Port zone. This particular marine event is listed in section (c.) line No. 23 of the table. The current regulation described in section (c.) line No. 23 of the table indicates that the drag boat race event VerDate Mar<15>2010 15:17 Jun 03, 2013 Jkt 229001 should take place this year either on the 3rd Saturday and Sunday or 4th Saturday and Sunday in August. The Coast Guard is establishing a temporary suspension of the regulation listed at section (c.) line No. 23 in the Table to § 100.501 and inserting this new temporary regulation at the Table to § 100.501 line No. 24 in order to reflect the change of date for this year’s event. This change is needed to accommodate the change in date of the annual Mattaponi Drag Boat Race. No other portion of the Table to § 100.501 or other provisions in § 100.501 shall be affected by this regulation. As such this special local regulation will restrict vessel movement in the regulated area during the marine event. The regulated area is needed to control vessel traffic and enhance the safety of participants and spectators of the Mattaponi Drag Boat Race. The regulation will be enforced from 10 a.m. to 6 p.m. on June 22, 2013, with an inclement weather date of June 23, 2013, from 10 a.m. to 6 p.m. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area during the effective period. In addition to notice in the Federal Register, the maritime community will be provided extensive advance notification via the Local Notice to Mariners, and marine information broadcasts. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. 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 Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Although this regulation will prevent traffic from transiting a portion of the Mattaponi River during the events, the effect of this regulation will not be significant due to the limited duration that the regulated area will be in effect and the advance notification that will be made to the maritime community via PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 33217 marine information broadcast, local radio stations and area newspapers so mariners can adjust their plans accordingly. Additionally, the regulated area has been designed to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic will be able to transit the regulated area between heats and when the Coast Guard Patrol Commander deems it is safe to do so. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities: owners or operators of vessels intending to transit this section of the Mattaponi River from 9 a.m. to 6 p.m. on June 22, 2013 and on June 23, 2013. This proposed rule would not have a significant economic impact on a substantial number of small entities for the following reasons: (i) Although the regulated area will apply to a 3⁄4 mile segment of the Mattaponi River, traffic may be allowed to pass through the regulated area with the permission of the Coast Guard Patrol Commander between races; (ii) In the case where the Patrol Commander authorizes passage through the regulated area during the event, vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course; (iii) Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. 3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to E:\FR\FM\04JNR1.SGM 04JNR1 33218 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 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. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the ‘‘FOR FURTHER INTFORMATION CONTACT’’ section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. wreier-aviles on DSK5TPTVN1PROD with RULES 7. 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, 15:17 Jun 03, 2013 Jkt 229001 8. Taking of Private Property This rule will 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. 9. 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. 10. Protection of Children 5. 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 rule under that Order and determined that this rule does not have implications for federalism. VerDate Mar<15>2010 we do discuss the effects of this rule elsewhere in this preamble. 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. 11. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Frm 00026 Fmt 4700 Sfmt 4700 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, in ‘‘Table to § 100.501,’’ under ‘‘(c.) Coast Guard Sector Hampton Roads—COTP Zone,’’ suspend entry 23 and add entry 24 to read as follows: ■ 13. Technical Standards PO 00000 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. § 100.501–35T05–0325 Special Local Regulations; Mattaponi Drag Boat Race, Mattaponi River; Wakema, VA. * E:\FR\FM\04JNR1.SGM * * 04JNR1 * * Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 33219 (C.) COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE Number Date * 24 ................... * June 22, 2013 with an inclement weather date of June 23, 2013. * * * * Event * Mattaponi Drag Boat Race. * * * All waters of Mattaponi River immediately adjacent to Rainbow Acres Campground, King and Queen County, Virginia. The regulated area includes a section of the Mattaponi River approximately three-quarter mile long and bounded in width by each shoreline, bounded to the east by a line that runs parallel along longitude 076°52′43″ W, near the mouth of Mitchell Hill Creek, and bounded to the west by a line that runs parallel along longitude 076°53′41″ W just north of Wakema, Virginia. If you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410–576–2674, email Ronald.L.Houck@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 C. Discussion of Comments, Changes and the Final Rule The Coast Guard received no comments in response to the NPRM. No public meeting was requested and none was held. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. SUPPLEMENTARY INFORMATION: RIN 1625–AA08 Special Local Regulations; Swim Across the Potomac, Potomac River; National Harbor Access Channel, MD Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: SUMMARY: The Coast Guard is establishing special local regulations during the ‘‘Swim Across the Potomac’’ swimming competition, to be held on the waters of the Potomac River on June 2, 2013. These special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to temporarily restrict vessel traffic in a portion of the Potomac River during the event. DATES: This rule is effective from 7 a.m. until 11 a.m. on June 2, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0156]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number 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 Jkt 229001 1. Regulatory Planning and Review Table of Acronyms [Docket Number USCG–2013–0156] wreier-aviles on DSK5TPTVN1PROD with RULES * Mattaponi Volunteer Rescue Squad and Dive Team. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2013–13001 Filed 6–3–13; 8:45 am] 15:17 Jun 03, 2013 Location Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. * Dated: May 13, 2013. John K. Little, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. VerDate Mar<15>2010 Sponsor 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 Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Although this regulation will prevent traffic from transiting portions of the Potomac River and National Harbor Access Channel during the event, the effect of this regulation will not be significant due to the following reasons: (1) The regulated area will be in effect for only 4 hours; (2) the regulated area has been narrowly tailored to impose the least impact on general navigation, yet provide the level of safety deemed necessary; (3) vessel traffic will be able to transit safely through a portion of the regulated area, but only after the last participant has cleared that portion of the regulated area and when the Coast Guard Patrol Commander deems it safe to do so; and (4) the Coast Guard will provide advance notification of the special local regulations to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners. DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information On April 8, 2013, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Special Local Regulations for Marine Events, Potomac River; National Harbor Access Channel, MD’’ in the Federal Register (78 FR 67). 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. Event planners did not provide the Coast Guard adequate advance notice of the event to allow 30 days after publication. The Application for Marine Event (Form CG–4423) for this event was submitted in Homeport for COTP Baltimore on March 7, 2013. B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish special local regulations: 33 U.S.C. 1233. The purpose of the rule is to ensure safety of life on navigable waters of the United States during the Swim Across the Potomac event. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\04JNR1.SGM 04JNR1

Agencies

[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33216-33219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13001]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0325]
RIN 1625-AA08


Temporary Change of Dates for Recurring Marine Event in the Fifth 
Coast Guard District, Mattaponi Drag Boat Race, Mattaponi River; 
Wakema, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary change to the 
enforcement period of special local regulation for one recurring marine 
event in the Fifth Coast Guard District. This event is the Mattaponi 
Drag Boat Race, which is a series of power boat races to be held on the 
waters of the Mattaponi River, near Wakema, Virginia. This special 
local regulation is necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic during the power boat races on the Mattaponi River 
immediately adjacent to the Rainbow Acres Campground, located in King 
and Queen County, near Wakema, Virginia.

DATES: This rule is effective June 22-23, 2013.
    This rule will be enforced from 10 a.m. to 6 p.m. on June 22, 2013. 
In the event of inclement weather on June 22, 2013, this rule will be 
enforced from 10 a.m. to 6 p.m. on June 23, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0325]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Hector Cintron, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone 757-668-5581, email 
Hector.L.Cintron@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This rule involves an annually occurring marine event that is 
scheduled to take place on the 3rd or 4th Saturday in August, as 
published in the table to 33 CFR 100.501. The Mattaponi Volunteer 
Rescue Squad has changed the date of the event to take place on June 
22, 2013 from 10 a.m. to 6 p.m. The ``rain date'' is June 23, 2013.
    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are

[[Page 33217]]

``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule because any delay encountered in this regulation's 
effective date by publishing a NPRM would be contrary to public 
interest. On April 8, 2013 the Coast Guard was informed about the date 
change. It appears that the original sponsoring organization for this 
event is now defunct and a new sponsor has taken over. The new sponsor 
did not submit the requisite Application for a marine event on time.
    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 measures contemplated by this 
rule are intended to protect the safety of the persons participating in 
the event, spectators to the event and any other vessels that may pass 
through the restricted area. Any delaying of the effective date would 
be contrary to the public interest since immediate action is needed to 
ensure the safety of those noted.

B. Basis and Purpose

    The Mattaponi Volunteer Rescue Squad is sponsoring a series of 
power boat racing events titled the ``Mattaponi Madness Drag Boat 
Event.'' The power boat races will be held on the following dates: June 
22, 2013, and in the case of inclement weather, the event will be 
rescheduled to June 23, 2013. The races will be held on the Mattaponi 
River immediately adjacent to the Rainbow Acres Campground, King and 
Queen County, Virginia. The power boat races will consist of 
approximately 40 vessels conducting high speed straight line runs along 
the river and parallel to the shoreline. A fleet of spectator vessels 
is expected to gather near the event site to view the competition. To 
provide for the safety of participants, spectators and other transiting 
vessels, the Coast Guard will temporarily restrict vessel traffic in 
the event area during the power boat races.

C. Discussion of the Final Rule

    The regulation listing annual marine events within the Fifth Coast 
Guard District and corresponding dates is 33 CFR 100.501. The Table to 
Sec.  100.501 identifies marine events by Captain of the Port zone. 
This particular marine event is listed in section (c.) line No. 23 of 
the table.
    The current regulation described in section (c.) line No. 23 of the 
table indicates that the drag boat race event should take place this 
year either on the 3rd Saturday and Sunday or 4th Saturday and Sunday 
in August. The Coast Guard is establishing a temporary suspension of 
the regulation listed at section (c.) line No. 23 in the Table to Sec.  
100.501 and inserting this new temporary regulation at the Table to 
Sec.  100.501 line No. 24 in order to reflect the change of date for 
this year's event. This change is needed to accommodate the change in 
date of the annual Mattaponi Drag Boat Race. No other portion of the 
Table to Sec.  100.501 or other provisions in Sec.  100.501 shall be 
affected by this regulation.
    As such this special local regulation will restrict vessel movement 
in the regulated area during the marine event. The regulated area is 
needed to control vessel traffic and enhance the safety of participants 
and spectators of the Mattaponi Drag Boat Race. The regulation will be 
enforced from 10 a.m. to 6 p.m. on June 22, 2013, with an inclement 
weather date of June 23, 2013, from 10 a.m. to 6 p.m. Except for 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area during the 
effective period.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this regulation will prevent traffic from transiting a 
portion of the Mattaponi River during the events, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be in effect and the advance notification that will 
be made to the maritime community via marine information broadcast, 
local radio stations and area newspapers so mariners can adjust their 
plans accordingly. Additionally, the regulated area has been designed 
to impose the least impact on general navigation yet provide the level 
of safety deemed necessary. Vessel traffic will be able to transit the 
regulated area between heats and when the Coast Guard Patrol Commander 
deems it is safe to do so.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities: owners or operators of vessels intending to 
transit this section of the Mattaponi River from 9 a.m. to 6 p.m. on 
June 22, 2013 and on June 23, 2013. This proposed rule would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: (i) Although the regulated area will apply 
to a \3/4\ mile segment of the Mattaponi River, traffic may be allowed 
to pass through the regulated area with the permission of the Coast 
Guard Patrol Commander between races; (ii) In the case where the Patrol 
Commander authorizes passage through the regulated area during the 
event, vessels shall proceed at the minimum speed necessary to maintain 
a safe course that minimizes wake near the race course; (iii) Before 
the enforcement period, we will issue maritime advisories so mariners 
can adjust their plans accordingly.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 33218]]

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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``FOR FURTHER 
INTFORMATION CONTACT'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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, in ``Table to Sec.  100.501,'' under ``(c.) Coast 
Guard Sector Hampton Roads--COTP Zone,'' suspend entry 23 and add entry 
24 to read as follows:


Sec.  100.501-35T05-0325  Special Local Regulations; Mattaponi Drag 
Boat Race, Mattaponi River; Wakema, VA.

* * * * *

[[Page 33219]]



                                (c.) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
       Number               Date                Event             Sponsor                   Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
24.................  June 22, 2013 with  Mattaponi Drag      Mattaponi          All waters of Mattaponi River
                      an inclement        Boat Race.          Volunteer Rescue   immediately adjacent to Rainbow
                      weather date of                         Squad and Dive     Acres Campground, King and
                      June 23, 2013.                          Team.              Queen County, Virginia. The
                                                                                 regulated area includes a
                                                                                 section of the Mattaponi River
                                                                                 approximately three-quarter
                                                                                 mile long and bounded in width
                                                                                 by each shoreline, bounded to
                                                                                 the east by a line that runs
                                                                                 parallel along longitude
                                                                                 076[deg]52'43'' W, near the
                                                                                 mouth of Mitchell Hill Creek,
                                                                                 and bounded to the west by a
                                                                                 line that runs parallel along
                                                                                 longitude 076[deg]53'41'' W
                                                                                 just north of Wakema, Virginia.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 13, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-13001 Filed 6-3-13; 8:45 am]
BILLING CODE 9110-04-P