[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Proposed Rules]
[Pages 22142-22145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10973]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0252]
RIN 1625-AA08


Special Local Regulation for Marine Event; Temporary Change of 
Dates for Recurring Marine Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period of special local regulations for a recurring marine event in the 
Fifth Coast Guard District. These regulations apply to only one 
recurring marine event that conducts ``workboat races''. Special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in a portion of the York River, VA, during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 11, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0252 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 Dennis Sens, Project Manager, Fifth Coast Guard District, 
Prevention Division, at 757-398-6204 or e-mail at 
<a href="/cdn-cgi/l/email-protection#3a7e5f54545349147714695f54497a4f49595d14575356"><span class="__cf_email__" data-cfemail="91d5f4fffff8e2bfdcbfc2f4ffe2d1e4e2f2f6bffcf8fd">[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-2009-0252), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a

[[Page 22143]]

comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, 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 e-mail 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, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0252'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0252 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one 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.

Background and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The on 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.
    This regulation proposes to temporarily change the enforcement 
period of special local regulations for a recurring marine event within 
the Fifth Coast Guard District. This proposed regulation applies to one 
marine event in 33 CFR 100.501, Table to Sec.  100.501.
    On July 12, 2009, the Watermen's Museum of Yorktown, Virginia will 
sponsor the ``Watermen's Heritage Festival Workboat Races'', on the 
waters of the York River near Yorktown, Virginia. The regulation at 33 
CFR 100.501 is effective annually for this river boat race marine 
event. The event will consist of approximately 40 traditional 
Chesapeake Bay deadrise workboats racing along a marked straight line 
race course in heats of 2 to 4 boats for a distance of approximately 
1,000 yards. A fleet of spectator vessels is anticipated to gather 
nearby to view the competition. Due to the need for vessel control 
during the event, the Coast Guard will temporarily restrict vessel 
traffic in the event area to provide for the safety of participants, 
spectators and other transiting vessels. The regulation at 33 CFR 
100.501 would be enforced for the duration of the event. Under 
provisions of 33 CFR 100.501, from 9 a.m. to 5:30 p.m. on July 12, 
2009, vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulations at 
33 CFR 100.501 by changing the date of enforcement in the table to 
Sec.  100.501. The Coast Guard proposes to temporarily change the 
enforcement period of special local regulations for recurring marine 
events within the Fifth Coast Guard District. This regulation applies 
to only one marine event listed as number 41 in the Table to Sec.  
100.501.

York River, Yorktown, VA.

    The Table to Sec.  100.501, event No. 41 establishes the 
enforcement date for the ``Watermen's Heritage Festival Workboat 
Races''. This regulation proposes to temporarily change the enforcement 
date from ``July--3rd Sunday'' to the second Sunday in July, holding 
the marine event on July 12, 2009. The temporary special local 
regulations will be enforced from 9 a.m. to 5:30 p.m. on July 12, 2009, 
and will restrict general navigation in the regulated area during the 
event. The Watermen's Museum of Yorktown, VA, which is the sponsor for 
this event, intends to hold this event annually; however, they have 
changed the date of the event for 2009 so that it is outside the scope 
of the existing enforcement period. Except for participants and vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel 
will be allowed to enter or remain in the regulated area. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of participants, spectators and transiting vessels.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    Although this proposed rule prevents traffic from transiting a 
portion of the York River during specified 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 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,

[[Page 22144]]

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 rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit or anchor in the York River 
where marine events are being held. This regulation will not have a 
significant impact on a substantial number of small entities because it 
will be enforced only during marine events that have been permitted by 
the Coast Guard Captain of the Port. The Captain of the Port will 
ensure that small entities are able to operate in the areas where 
events are occurring when it is safe to do so. In some cases, vessels 
will be able to safely transit around the regulated area at various 
times, and, with the permission of the Patrol Commander, vessels may 
transit through the regulated area. Before the enforcement period, the 
Coast Guard will issue maritime advisories so mariners can adjust their 
plans accordingly.
    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.

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 Fifth Coast Guard District 
listed under FOR FURTHER INFORMATION CONTACT at the beginning of this 
rule. 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 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 effect 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.

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 0023.1 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

[[Page 22145]]

the human environment. 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 Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule. 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 the Table to Sec.  100.501, suspend line No. 41 from July 1, 
2009 to July 31, 2009; and
    a. From 9 a.m. to 5:30 p.m., on July 12, 2009, add line No. 63.
    The addition reads as follows:


Sec.  100.501-T05-0252  Special Local Regulations; Recurring Marine 
Event in the Fifth Coast Guard District.

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

                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
            Number                    Date              Event            Sponsor               Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63............................  July 12, 2009...  Watermen's        Watermen's        The waters of the York
                                                   Heritage          Museum of         River, Yorktown,
                                                   Festival          Yorktown, VA.     Virginia, bounded on the
                                                   Workboat Races.                     west by a line drawn
                                                                                       along longitude
                                                                                       076[deg]31'25'' W,
                                                                                       bounded on the east by a
                                                                                       line drawn along
                                                                                       longitude 076[deg]30'55''
                                                                                       W, bounded on the south
                                                                                       by the shoreline and
                                                                                       bounded on the north by a
                                                                                       line drawn parallel and
                                                                                       400 yards north of the
                                                                                       southern shoreline.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 27, 2009.
Fred M. Rosa, Jr.
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-10973 Filed 5-11-09; 8:45 am]
BILLING CODE 4910-15-P


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