[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33216-33219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13001]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2013-0325]
RIN 1625-AA08
Temporary Change of Dates for Recurring Marine Event in the Fifth
Coast Guard District, Mattaponi Drag Boat Race, Mattaponi River;
Wakema, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary change to the
enforcement period of special local regulation for one recurring marine
event in the Fifth Coast Guard District. This event is the Mattaponi
Drag Boat Race, which is a series of power boat races to be held on the
waters of the Mattaponi River, near Wakema, Virginia. This special
local regulation is necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic during the power boat races on the Mattaponi River
immediately adjacent to the Rainbow Acres Campground, located in King
and Queen County, near Wakema, Virginia.
DATES: This rule is effective June 22-23, 2013.
This rule will be enforced from 10 a.m. to 6 p.m. on June 22, 2013.
In the event of inclement weather on June 22, 2013, this rule will be
enforced from 10 a.m. to 6 p.m. on June 23, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0325]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Hector Cintron, 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 Barbara Hairston, 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. Regulatory History and Information
This rule involves an annually occurring marine event that is
scheduled to take place on the 3rd or 4th Saturday in August, as
published in the table to 33 CFR 100.501. The Mattaponi Volunteer
Rescue Squad has changed the date of the event to take place on June
22, 2013 from 10 a.m. to 6 p.m. The ``rain date'' is June 23, 2013.
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are
[[Page 33217]]
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because any delay encountered in this regulation's
effective date by publishing a NPRM would be contrary to public
interest. On April 8, 2013 the Coast Guard was informed about the date
change. It appears that the original sponsoring organization for this
event is now defunct and a new sponsor has taken over. The new sponsor
did not submit the requisite Application for a marine event on time.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The measures contemplated by this
rule are intended to protect the safety of the persons participating in
the event, spectators to the event and any other vessels that may pass
through the restricted area. Any delaying of the effective date would
be contrary to the public interest since immediate action is needed to
ensure the safety of those noted.
B. Basis and Purpose
The Mattaponi Volunteer Rescue Squad is 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: June
22, 2013, and in the case of inclement weather, the event will be
rescheduled to June 23, 2013. 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 to 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.
C. Discussion of the Final Rule
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. 23 of
the table.
The current regulation described in section (c.) line No. 23 of the
table indicates that the drag boat race event should take place this
year either on the 3rd Saturday and Sunday or 4th Saturday and Sunday
in August. The Coast Guard is establishing a temporary suspension of
the regulation listed at section (c.) line No. 23 in the Table to Sec.
100.501 and inserting this new temporary regulation at the Table to
Sec. 100.501 line No. 24 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 Mattaponi Drag Boat Race. No other portion of the
Table to Sec. 100.501 or other provisions in Sec. 100.501 shall be
affected by this regulation.
As such 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 Mattaponi Drag Boat Race. The regulation will be
enforced from 10 a.m. to 6 p.m. on June 22, 2013, with an inclement
weather date of June 23, 2013, from 10 a.m. to 6 p.m. 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This 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 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 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 designed
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 and when the Coast Guard Patrol Commander
deems it is safe to do so.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 6 p.m. on
June 22, 2013 and on June 23, 2013. This proposed rule would not have a
significant economic impact on a substantial number of small entities
for the following reasons: (i) 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 between races; (ii) 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; (iii) Before
the enforcement period, we will issue maritime advisories so mariners
can adjust their plans accordingly.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 33218]]
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
4. Collection of Information
This 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 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
INTFORMATION 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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.
9. Civil Justice Reform
This 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
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This 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 amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In Sec. 100.501, in ``Table to Sec. 100.501,'' under ``(c.) Coast
Guard Sector Hampton Roads--COTP Zone,'' suspend entry 23 and add entry
24 to read as follows:
Sec. 100.501-35T05-0325 Special Local Regulations; Mattaponi Drag
Boat Race, Mattaponi River; Wakema, VA.
* * * * *
[[Page 33219]]
(c.) Coast Guard Sector Hampton Roads--COTP Zone
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Number Date Event Sponsor Location
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* * * * * * *
24................. June 22, 2013 with Mattaponi Drag Mattaponi All waters of Mattaponi River
an inclement Boat Race. Volunteer Rescue immediately adjacent to Rainbow
weather date of Squad and Dive Acres Campground, King and
June 23, 2013. Team. Queen County, Virginia. The
regulated area includes a
section of the Mattaponi River
approximately three-quarter
mile long and bounded in width
by each shoreline, bounded to
the east by a line that runs
parallel along longitude
076[deg]52'43'' W, near the
mouth of Mitchell Hill Creek,
and bounded to the west by a
line that runs parallel along
longitude 076[deg]53'41'' W
just north of Wakema, Virginia.
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Dated: May 13, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-13001 Filed 6-3-13; 8:45 am]
BILLING CODE 9110-04-P