30256 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Proposed Rules 

revised protocol accurately identifies 

poor fit among test subjects who use 

them. 

List of Subjects in 29 CFR Part 1910 

Hazardous substances, Health, 

Occupational safety and health, Toxic 

substances. 

Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this notice. Accordingly, 

the Agency issues this notice under the 

following authorities: Sections 4, 6(b), 

8(c), and 8(g) of the Occupational Safety 

and Health Act of 1970 (29 U.S.C. 653, 

655, 657); Section 3704 of the Contract 

Work Hours and Safety Standards Act 

(40 U.S.C. 3701 et seq.); Section 41 of 

the Longshore and Harbor Worker’s 

Compensation Act (33 U.S.C. 941); 

Secretary of Labor’s Order No. 5–2007 

(72 FR 31160); and 29 CFR part 1911. 

Signed at Washington, DC, on June 22, 

2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–14979 Filed 6–24–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0460] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Mattaponi River, Wakema, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the ‘‘Mattaponi Madness Drag 

Boat Race Series,’’ a series of power boat 

races to be held on the waters of the 

Mattaponi River, near Wakema, 

Virginia. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters during the 

events. This action is intended to 

restrict vessel traffic during the power 

boat races in a segment of the Mattaponi 

River that flows along the border of King 

William County and King and Queen 

County near Wakema, Virginia. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 27, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0460 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 e-mail Dennis Sens, Project 

Manager, Fifth Coast Guard District 

Prevention Division, Portsmouth, VA, 

telephone (757) 398–6204, e-mail 

Dennis.M.Sens@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to 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–2009–0460), 

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 

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– 

2009–0460’’ 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 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the 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– 

2009–0460 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 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Proposed Rules 30257 

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 

The Mattaponi Volunteer Rescue 

Squad will be 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: August 15, 2009, 

and in the case of inclement weather, 

the event will be rescheduled for August 

16, 2009. 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 with 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. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

special local regulations on specified 

waters of the Mattaponi River, in the 

vicinity of Wakema, Virginia. The 

regulated area includes 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 3⁄4-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. The effect of this regulation 

would be to restrict general navigation 

in the regulated area during the drag 

boat races. This special local regulation 

will be enforced from 9 a.m. to 7 p.m. 

on August 15, 2009; and in the case of 

inclement weather, the race will be 

rescheduled for 9 a.m. to 7 p.m. on 

August 16, 2009. Except for persons or 

vessels authorized by the Coast Guard 

Patrol Commander, no person or vessel 

may enter or remain in the regulated 

area. Non-participating vessels will be 

allowed to transit the regulated area 

between races, when the Coast Guard 

Patrol Commander determines it is safe 

to do so. This regulation is 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 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 extensive 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 narrowly tailored 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, 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: owners or operators of vessels 

intending to transit this section of the 

Mattaponi River from 9 a.m. to 7 p.m. 

on August 15, 2009 and August 16, 

2009. This purposed rule would not 

have significant economic impact on a 

substantial number of small entities for 

the following reasons. 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. 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. 

The Patrol Commander will allow nonparticipating vessels to transit the area 

between races. Before the enforcement 

period, we 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 see the ‘‘FOR

FURTHER INFORMATION CONTACT’’ section. 

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 


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30258 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Proposed Rules 

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 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. 

A preliminary environmental analysis 

checklist supporting this determination 

is available in the docket where 

indicated under ADDRESSES. This 

proposed 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. Add temporary § 100.35–T05–0460 

to read as follows: 

§ 100.35–T05–0460 Mattaponi River, 

Wakema, Virginia. 

(a) Regulated area. The regulated area 

includes 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 3⁄4-mile long and 

bounded in width by each shoreline, 

bounded to the east by a line that runs 

along longitude 076°52′43′′ W near the 

mouth of Mitchell Hill Creek, and 

bounded to the west by a line that runs 

along longitude 076°53′41′′ W just north 

of Wakema, Virginia. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Hampton Roads. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Hampton Roads 

with a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: (i) Stop the vessel 

immediately when directed to do so by 

any Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. to 7 p.m. 

on August 15, 2009. In the case of 

inclement weather, this section will be 

enforced from 9 a.m. to 7 p.m. on 

August 16, 2009. 

Dated: June 10, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–15023 Filed 6–24–09; 8:45 am] 

BILLING CODE 4910–15–P 


sroberts on PROD1PC70 with PROPOSALS