
[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Rules and Regulations]               
[Page 18290-18293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-5]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-1268]
RIN 1625-AA08

 
Special Local Regulation; Volvo Ocean Race 2009, Nahant, Boston 
Harbor, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation 
during the Volvo Ocean Race 2009 In-Port Race to be held on Broad 
Sound, off Nahant, Massachusetts, on May 9, 2009. This special local 
regulation is necessary to provide for the safety of life on navigable 
waters during the event. This proposed action is intended to restrict 
vessel traffic before, during and after the race.

DATES: This rule is effective from 10:30 a.m. through 4 p.m. on May 09, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-

[[Page 18291]]

1268 and are available online by going to http://www.regulations.gov, 
selecting the Advanced Docket Search option on the right side of the 
screen, inserting USCG-2008-1268 in the Docket ID box, pressing Enter, 
and then clicking on the item in the Docket ID column. They are also 
available for inspection or copying at the 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Chief Eldridge McFadden, Sector Boston, 
Waterways Management, telephone 617-223-5160, e-mail 
Eldridge.C.Mcfadden@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary 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 ``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.
    Concerns raised by the Stellwagen Banks National Marine Sanctuary, 
a division of NOAA, prompted the race sponsors to reevaluate certain 
details of the race, including its course. Certain details, including 
the course for the race, were eventually changed due to these concerns. 
The lack of certainty until the recent finalization of all race details 
delayed the creation of the rulemaking for this event, which made it 
impracticable to create a Notice of Proposed Rulemaking.
    For the same reasons, 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.

Background and Purpose

    The Volvo Ocean Race, formerly the Whitbread Round the World Race, 
is a yacht race around the world, held every three years. The current 
race started in Alicante, Spain on October 11, 2008, and has been 
traveling internationally from port to port. In addition to a timed 
race between ports, some of the ports host an In-Port Race for points. 
This special local regulation addresses the In-Port Race which is to 
take place within the area of responsibility of the Captain of the Port 
Boston. Broad Sound is an area which is commonly used as a fishing 
area. To ensure the unimpeded sailing of the races and to prevent 
damage to equipment and danger to any potential fishermen or sailors in 
this area, a special local regulation is necessary. On May 9, 2008, the 
Volvo Ocean Race coordinators intend to hold an In-Port Race on the 
waters of Broad Sound in Boston Harbor. The event will consist of up to 
eight sailing yachts on a course within a 1-mile radius circular area. 
A fleet of spectator vessels are 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 race. 
The event coordinators have been in contact with members of the local 
communities affected including the harbormasters of Boston, Nahant and 
Winthrop, Massachusetts as well as local fishermen, to request support 
and inform them of the plans.

Discussion of Rule

    This ruling proposes to create a Special Local Regulation 
encompassing a two-mile wide sailing race area and associated spectator 
area with a center point of 42[deg]23' N., 70[deg]55'45'' W., within 
Broad Sound, Nahant, Massachusetts from 10:30 a.m. to 4 p.m. on May 9, 
2009. The regulation will be in effect for only five and one half 
hours, after which time the area will be opened to all vessel traffic. 
The course of the race itself will be within the two-mile diameter area 
and will be set up and marked with sailing buoys according to the winds 
the day of the race. Except for participants and spectator vessels or 
other vessels as authorized by the Coast Guard Patrol Commander, no 
person or vessel will be allowed to enter or remain in the regulated 
area during the enforcement period.

Regulatory Analyses

    We developed this 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 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.
    This rule is not a significant regulatory action as it is a 
temporary event which will be in effect only for a short period of 
time. Although this regulation would prevent traffic from transiting a 
portion of the Broad Sound during the event, the effect of this 
regulation would not be significant due to the limited duration that 
the regulated area would be in effect and the extensive advance 
notification and outreach the Volvo Ocean Race coordinators have made 
to the maritime community, as well as via broadcast and local notice to 
mariners, so mariners can adjust their plans accordingly.

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.
    This proposed rule would affect the following entities, some of 
which might be small entities: Fishermen, and the owners or operators 
of vessels intending to transit, fish or anchor in a portion of Broad 
Sound, Massachusetts, from 10:30 a.m. to 4 p.m. on May 9, 2009.
    This special local regulation 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 five and a half hours 
and vessel traffic could pass around the regulated area. Before the 
effective period, we will issue maritime advisories widely available to 
users of the sound.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can

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better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to 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.

Collection of Information

    This rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 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.

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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 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 the creation of a 
special local regulation for a marine event of limited duration. Under 
figure 2-1, paragraph (34)(h), of the Instruction, an environmental 
analysis checklist and a categorical exclusion determination are not 
required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


0
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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35-T01-1268 to read as follows:


Sec.  100.35-T01-1268  Volvo Ocean Race 2009, Broad Sound, Nahant, 
Massachusetts.

    (a) Regulated area. A zone comprised of a circle two nautical miles 
in diameter with the center point at position 42[deg]23'00'' N., 
070[deg]55'45'' W.
    (b) Special Local Regulation. The regulated area is closed to all 
transiting traffic except that traffic involved in, supporting or 
viewing the Volvo Ocean Race.
    (c) Effective dates. This regulation is effective from 10:30 a.m. 
to 4 p.m. on May 9, 2009.
    (d) Definitions. (1) Patrol vessel means any Coast Guard vessel 
designated as Patrol Commander.
    (2) The Coast Guard Patrol Commander is a commissioned, warrant, 
petty officer of the Coast Guard who has been designated by Commander, 
Coast Guard Sector Boston. The Patrol Commander is empowered to control 
movement of vessels in the regulated area and adjoining waters during 
the hours these regulations are in effect.
    (3) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling the area shall serve as

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a signal to stop. Vessels or persons signaled shall stop and shall 
comply with the orders of the patrol vessels. Failure to due so may 
result in the expulsion from the area, citation for failure to comply, 
or both.
    (4) Any spectator vessel may anchor outside the regulated area 
specified in paragraph (a) of this section, but may not block a 
navigable channel.

    Dated: March 10, 2009.
Gail P. Kulisch,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. E9-9165 Filed 4-21-09; 8:45 am]

BILLING CODE 4910-15-P
