[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 [email protected]. 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
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* * * * * * *
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