
[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Rules and Regulations]               
[Page 40731-40734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-5]                         

=======================================================================
-----------------------------------------------------------------------

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: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations 
during the Mattaponi Madness Drag Boat Races, 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: This rule is effective from August 15 through August 16, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble

[[Page 40732]]

as being available in the docket, are part of docket USCG-2009-0460 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-2009-0460 in the Docket ID box, pressing Enter, and then 
clicking on the item in the Docket ID column. This material is 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 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 the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 25, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Events; Mattaponi 
River, Wakema, VA in the Federal Register (74 FR 30256). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.
    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 potential dangers posed by 
high speed power boat races in a restricted waterway and in close 
proximity to other vessel traffic make special local regulations 
necessary. Delaying the effective date would be contrary to the public 
interest, since immediate action is needed to ensure the safety of the 
event participants, support vessels, spectator craft and other vessels 
transiting the event area. However, the Coast Guard will provide 
advance notifications to users of the affected waterways via marine 
information broadcasts, local notice to mariners, commercial radio 
stations and area newspapers.

Background and Purpose

    The Mattaponi Volunteer Rescue Squad will be sponsoring a series of 
power boat racing events entitled the ``Mattaponi Madness Drag Boat 
Event.'' The power boat races will be held on 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 Comments and Changes

    The Coast Guard did not receive comments in response to the NPRM. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Mattaponi River, near Wakema, 
Virginia.

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.
    We expect the economic impact of this 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 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 will affect the following entities, some of which may be 
small entities: Owners or operators of vessels intending to transit the 
affected section of the Mattaponi River from 9 a.m. to 7 p.m. on August 
15, 2009 and August 16, 2009. This rule would not have a 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 
non-participating vessels to transit the area between races. Before the 
enforcement period, we 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), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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).

[[Page 40733]]

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 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 because it establishes special local 
regulations under 33 CFR Part 100. 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.

0
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. Add temporary Sec.  100.35-T05-0460 to read as follows:


Sec.  100.35-T05-0460,  Mattaponi River, Wakema, Virginia.

    (a) Regulated area. The following is a regulated area: All waters 
of the Mattaponi River, from surface to bottom and shore to shore, 
immediately adjacent to Rainbow Acres Campground, in King and Queen 
County, Virginia. This area is a section of the Mattaponi River 
approximately \3/4\-mile long, 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. 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 must: (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.


[[Page 40734]]


    Dated: July 29, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-19431 Filed 8-12-09; 8:45 am]

BILLING CODE 4910-15-P
