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]
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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations
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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
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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
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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
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VerDate Mar<15>2010
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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 https://
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.
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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
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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.
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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
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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
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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.
*
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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 https://
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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
