[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Proposed Rules]
[Pages 18984-18987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7513]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0182]
RIN 1625-AA08


Special Local Regulation for Marine Events; Yorktown Parade of 
Sail, York River; Yorktown, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 18985]]

SUMMARY: The Coast Guard proposes to establish special local regulation 
during the Yorktown Parade of Sail, a parade of five tall ships and 195 
other vessels, to be held on the waters of York River, Yorktown, 
Virginia on June 2, 2012. This regulation is necessary to provide for 
the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in portions of the York River, 
Yorktown, Virginia during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 30, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0182 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LCDR Christopher O'Neal, Waterways Management 
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email <a href="/cdn-cgi/l/email-protection#adeec5dfc4ded9c2ddc5c8df83ec83e2e3c8ccc1edd8dececa83c0c4c1"><span class="__cf_email__" data-cfemail="9ddef5eff4eee9f2edf5f8efb3dcb3d2d3f8fcf1dde8eefefab3f0f4f1">[email protected]</span></a>. 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 http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking USCG-2012-0182, indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0182 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view documents mentioned in this preamble as being available in 
the docket, go to http://www.regulations.gov, type the docket number 
USCG-2012-0182 in the ``SEARCH'' box and click ``SEARCH.'' Click on 
Open Docket Folder on the line associated with this rulemaking. You may 
also visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact LCDR Christopher O'Neal at the telephone number or email 
address indicated under the FOR FURTHER INFORMATION CONTACT section of 
this notice.

Basis and Purpose

    This regulation proposes to add an enforcement period of a new 
special local regulation for one marine event within the Fifth Coast 
Guard District. Marine events are frequently held on the navigable 
waters within the boundaries of Fifth Coast Guard District. The water 
activities that typically comprise marine events include sailing 
regattas, power boat races, swim races and holiday parades. For a 
description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25.
    On June 2, 2012, York County Recreation Parks and Tourism will 
sponsor the ``Yorktown Parade of Sail'' on the waters of York River. 
The event will consist of approximately 200 vessels on the waters of 
York River, Yorktown, VA. A fleet of spectator vessels is expected to 
gather near the event site to view the parade. To provide for the 
safety of participants, spectators, support and transiting vessels, the 
Coast Guard will temporarily restrict vessel traffic in the event area 
during the races. The regulation at 33 CFR 100.501 would be enforced 
for the duration of the event. Under the provisions of 33 CFR 100.501, 
from Noon to 2 p.m. on June 2, 2012, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard is establishing a temporary special local 
regulation on specified waters of the York River, in Yorktown, 
Virginia. The regulated area will be established in the interest of 
public safety during the ``Yorktown Parade of Sail'', and will be 
enforced

[[Page 18986]]

from Noon to 2 p.m. on June 2, 2012. The Coast Guard, at its 
discretion, when practical, will allow the passage of vessels. Except 
for participants and vessels authorized by the Captain of the Port or 
his Representative, no person or vessel may enter or remain in the 
regulated area.
    The regulated area will include all waters of the York River 
bounded by the north and south shores of the York River and to the west 
by the Coleman Memorial Bridge and bounded to the east by a line drawn 
from the United States Coast Guard pier to Gaines Point in Gloucester, 
VA.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
rule prevents traffic from transiting a portion of the York River from 
Noon until 2 p.m. on June 2, 2012, the effect of this regulation will 
not be significant due to the limited duration that the regulated area 
will be in effect and the extensive advance notifications that will be 
made to the maritime community via marine information broadcasts, local 
radio stations and area newspapers so mariners can adjust their plans 
accordingly. Additionally, this rulemaking does not change the 
permanent regulated areas that have been published in 33 CFR 100.501, 
Table to Sec.  100.501. In some cases vessel traffic may be able to 
transit the regulated area when the Coast Guard Patrol Commander deems 
it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit this section of the York River from Noon until 2 
p.m. on June 2, 2012.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it. This regulation will not 
have a significant impact on a substantial number of small entities 
because: (i) It will be enforced only for a short period of time (two 
hours); (ii) vessels may be granted the opportunity to transit the 
safety zone during the period of enforcement if the Patrol Commander 
deems it safe to do so; (iii) vessels may transit around the safety 
zone; and (iv) before the enforcement period, the Coast Guard will 
issue maritime advisories so mariners can adjust their plans 
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Christopher O'Neal. The 
Coast Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

[[Page 18987]]

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This rule is categorically 
excluded, under figure 2-1, paragraph (34)(h), of the Instruction. This 
rule involves implementation of regulations within 33 CFR Part 100 that 
apply to organized marine events on the navigable waters of the United 
States that may have potential for negative impact on the safety or 
other interest of waterway users and shore side activities in the event 
area. The category of water activities includes but is not limited to 
sail boat regattas, boat parades, power boat racing, swimming events, 
crew racing, and sail board racing. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. In Sec.  100.501, add temporary line No. (c)25 in Table to Sec.  
100.501 to read as follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to 
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
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     Number                Date                  Event                 Sponsor                  Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
25..............  June 2, 2012.........  Yorktown Parade of     York County            Regulated area includes
                                          Sail.                  Recreation Parks and   all waters of the York
                                                                 Tourism.               River bounded by the
                                                                                        north and south shores
                                                                                        of the York River and to
                                                                                        the west by the Coleman
                                                                                        Memorial Bridge and
                                                                                        bounded to the east by a
                                                                                        line drawn from the
                                                                                        United States Coast
                                                                                        Guard pier to Gaines
                                                                                        Point in Gloucester, VA.
                                                                                        All coordinates
                                                                                        reference Datum NAD
                                                                                        1983.
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* * * * *

    Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-7513 Filed 3-28-12; 8:45 am]
BILLING CODE 9110-04-P


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