
[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Rules and Regulations]               
[Page 39161-39163]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy10-13]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0295]
RIN 1625-AA08

 
Special Local Regulation for Marine Events; Mattaponi River, 
Wakema, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish special local regulations 
during the Mattaponi Madness Drag Boat Event, 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 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 from 9 a.m. on August 28, 2010 until 7 
p.m. on August 29, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0295 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0295 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-

[[Page 39162]]

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 email LT Tiffany Duffy, Chief Waterways 
Management Division, Sector Hampton Roads, Coast Guard; telephone 
(757)668-5580, e-mail Tiffany.A.Duffy@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: 

Regulatory Information

    On May 11, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Events; Mattaponi 
River, Wakema, VA in the Federal Register (75 FR 90). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Basis and Purpose

    The Mattaponi Volunteer Rescue Squad will be sponsoring a series of 
power boat racing events titled the ``Mattaponi Madness Drag Boat 
Event.'' This section will be effective on the following dates: August 
28, 2010 through August 29, 2010. The Coast Guard anticipates that this 
section will only be enforced between 9 a.m. to 7 p.m. on August 28, 
2010. If the event is postponed due to inclement weather, then this 
section will be enforced on August 29, 2010 between 9 a.m. and 7 p.m. 
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 45 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. Due to the high speed of 45 
vessels, the regulation is necessary to provide for the safety of 
participants, spectators and other transiting vessels by temporarily 
restricting vessel traffic in the event area during the power boat 
races.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No 
public meeting was requested and none was held.

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. 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 regulation will be in effect and the 
advance notification that will be made to the maritime community via 
marine information broadcast 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.

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: owners or operators of vessels intending to transit this 
section of the Mattaponi River from 9 a.m. to 7 p.m. on August 28, 2010 
or on August 29, 2010. This 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 three-quarter 
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.

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). 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure,

[[Page 39163]]

we do discuss the effects of this rule elsewhere in this preamble.

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.

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. 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. 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.  100.35T05-0295 to read as follows:


Sec.  100.35T05-0295  Mattaponi River, Wakema, Virginia.

    (a) Regulated Area. The regulated area includes all waters of 
Mattaponi River immediately adjacent to Rainbow Acres Campground, King 
and 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[min]43[sec] W, near the mouth of 
Mitchell Hill Creek, and bounded to the west by a line that runs 
parallel along longitude 076[deg]53[min]41[sec] 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 shall:
    (i) Stop the vessel immediately when directed to do so by an 
Official Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement Period. This regulation will be enforced from 9 
a.m. to 7 p.m. on August 28, 2010. In the case of inclement weather, 
this regulation will be enforced from 9 a.m. to 7 p.m. on August 29, 
2010.

    Dated: June 21, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-16587 Filed 7-7-10; 8:45 am]
BILLING CODE 9110-04-P

