[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Proposed Rules]
[Pages 51951-51954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21211]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0594]
RIN 1625-AA08


Special Local Regulation for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District, 
Poquoson Seafood Festival Workboat Races, Back River; Poquoson, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 51952]]

SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
period of special local regulations for one recurring marine event in 
the Fifth Coast Guard District. This event is the Poquoson Seafood 
Festival Workboat Race, which includes a series of boat races to be 
held on the waters of Back River, Poquoson, 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 on the Back River in the 
vicinity of Messick Point, in Poquoson, Virginia.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 15, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0594 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 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 Renee V. Wright, 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. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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-2012-0594) 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.

2. 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, 
type the docket number (USCG-2012-0594) 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.

3. 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).

4. 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.

B. Regulatory History and Information

    This rule involves an annually occurring marine event that takes 
place on the 2nd Sunday in October, as published in table to 33 CFR 
100.501. The City of Poquoson has requested that the enforcement dates 
be changed for this year's event.

C. Basis and Purpose

    The City of Poquoson sponsors an annual workboat race which takes 
place on the navigable waters of the Back River in Poquoson, Virginia. 
This event occurs in connection with the city's annual seafood 
festival. A special local regulation is effective annually to create a 
safety zone for the workboat races.
    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. 19 of 
the table.
    The current regulation described in section (c.) line No. 19 of the 
table indicates that the workboat race event should take place this 
year on October 7, 2012 (the Second Sunday in October). This regulation 
proposes to change the date for the event to take place on September 
30, 2012 for this year only.
    A fleet of spectator vessels is expected to gather near the event 
site to view the competition. To provide for the safety of the 
participants, spectators and other transiting vessels, the Coast Guard 
will temporarily restrict vessel traffic in the event area. The 
regulated area as described in 33 CFR 100.501 will be enforced from 1 
p.m. to 4 p.m. September 30, 2012, or, in the case of inclement 
weather, from 1 p.m. to 4

[[Page 51953]]

p.m. on October 7, 2012. During this enforcement period, vessels may 
not enter or remain in the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

D. Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulation 
listed at section (c.) line No. 19 in the Table to Sec.  100.501 and 
insert this new temporary regulation at the Table to Sec.  100.501 line 
No. 25 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 
Seafood Festival Workboat Race Event. No other portion of the Table to 
Sec.  100.501 or other provisions in Sec.  100.501 shall be affected by 
this regulation.
    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 Poquoson Seafood Festival Workboat Race. The 
regulation will be enforced from 1 p.m. to 4 p.m. on September 30, 2012 
or if necessary due to inclement weather from 1 p.m. to 4 p.m. on 
October 7, 2012. 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

E. Regulatory Analyses

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

1. 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.
    Although this rule prevents traffic from transiting a portion of 
certain waterways 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. Additionally, this rulemaking does not 
change the permanent regulated areas that have been published in 33 CFR 
Sec.  100.501, Table to Sec.  100.501.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will not 
have a significant economic impact on a substantial number of small 
entities.
    The 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 this section of the Back River during the event 
from 1 p.m. to 4 p.m. on September 30, 2012.
    Although this regulation prevents traffic from transiting a portion 
of the Back River during the event, this rule would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule would be in effect for only a 
limited period. 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. 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.

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 proposed 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. 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.

4. Collection of Information

    This proposed 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 proposed 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 
INFORMATION 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. 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.

[[Page 51954]]

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

    This proposed 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 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, in the Table to Sec.  100.501, temporarily 
suspend line (c)19.
    3. In Sec.  100.501, in the Table to Sec.  100.510, add temporary 
line 23 to read as follows:


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

* * * * *

                                (C.) Coast Guard Sector Hampton Roads--COTP Zone
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     No.                Date                    Event                 Sponsor                  Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
23...........  September 30, 2012 or   Poquoson Seafood        City of Poquoson.....  The waters of the Back
                in the case of          Festival Workboat                              River, Poquoson,
                inclement weather       Races.                                         Virginia, bounded on the
                October 7, 2012.                                                       north by a line drawn
                                                                                       along latitude
                                                                                       37[deg]06'30'' N, bounded
                                                                                       on the south by a line
                                                                                       drawn along latitude
                                                                                       37[deg]06'15'' N, bounded
                                                                                       on the east by a line
                                                                                       drawn along longitude
                                                                                       076[deg]18'52'' W and
                                                                                       bounded on the west by a
                                                                                       line drawn along
                                                                                       longitude 076[deg]19'30''
                                                                                       W.
 
                                                  * * * * * * *
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    Dated: August 1, 2012.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-21211 Filed 8-27-12; 8:45 am]
BILLING CODE 9110-04-P