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/ 2009
/ June
/ Thursday, June 25, 2009
[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Rules and Regulations]
[Page 30220-30224]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn09-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2009-0430]
RIN 1625-AA08
Special Local Regulation for Marine Events; Recurring Marine
Events in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Coast Guard is amending the list of recurring marine
events within the Fifth Coast Guard District. These regulations make
small changes to the regulated areas of two permitted marine events
listed in the table attached to the regulation. These special local
regulations are necessary to provide for the safety of life on
navigable waters during marine events. This action will restrict vessel
traffic in portions of the Chesapeake Bay and Assateague Channel,
Virginia.
DATES: This interim final rule is effective July 27, 2009. Comments and
related material must reach the Coast Guard on or before July 10, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0430 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 interim
rule, call or e-mail, Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division, 757-398-6204 or e-mail
Dennis.M.Sens@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:
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.
[[Page 30221]]
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0430), 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 (via 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 via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, 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 e-mail 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,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0430'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit 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 this rule
based on your comments.
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,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0430 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. 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. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
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).
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.
Regulatory Information
The Coast Guard is issuing this interim 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 because the amendments provided make only
minor changes to the regulated area and enhance the safety of life on
navigable waters during marine events.
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 to
event participants and protected wildlife on navigable waterways by
vessel traffic makes 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, advance notifications will be made
to users of the affected waterways via marine information broadcasts,
local notice to mariners, commercial radio stations and area
newspapers.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. For a description of
the geographical area of each Coast Guard Sector--Captain of the Port
Zone, please see 33 CFR 3.25.
This regulation amends two marine events listed in 33 CFR Part
100.501, Table to Sec. 100.501. They are event No. 20, The Great
Chesapeake Bay Bridges Swim Races and Chesapeake Challenge One Mile
Swim and event No. 42, Pony Penning Swim.
Annually, the Great Chesapeake Bay Swim, Inc. sponsors the ``The
Great Chesapeake Bay Bridges Swim Races and Chesapeake Challenge One
Mile Swim'' on the waters of the Chesapeake Bay near the William P.
Lane Jr. Memorial (Chesapeake Bay) Bridge. The regulated area is a line
that runs parallel to both the north and south spans of the bridge and
includes the waters 500 yards north of the north span and 500 yards
south of the south span of the bridge. The regulated area listed in the
Table to Sec. 100.501 for event No. 20 is amended to describe the area
as follows: The waters of the Chesapeake Bay between and adjacent to
the spans of the William P. Lane Jr. Memorial Bridge shore to shore 500
yards north of the north span of the bridge from the western shore at
latitude 39[deg]00'36'' N, longitude 076[deg]23'53'' W and the eastern
shore at latitude 38[deg]59'14'' N, longitude 076[deg]20'00'' W; and
500 yards south of the south span of the bridge from the western shore
at latitude 39[deg]00'16'' N, longitude 076[deg]24'30'' W and the
eastern shore at latitude 38[deg]58'39'' N, longitude 076[deg]20'10''
W. The regulated area as described is amended to ensure the safety of
participants and support vessels and in accordance with 33 CFR 100.501
will be enforced for the duration of the marine event. Due to the need
for vessel control during the event, vessel traffic will be temporarily
restricted in this segment of the Chesapeake Bay. Under provisions of
33 CFR 100.501, during the enforcement period, vessels may not enter
the regulated area unless they receive permission from the Coast Guard
Patrol Commander. Vessel traffic may be allowed to transit the
regulated area only when the Patrol Commander determines it is safe to
do so.
Annually, the Chincoteague Volunteer Fire Department sponsors the
``The Pony Penning Swim'' on the waters of Assateague Channel that runs
between Chincoteague and Assateague Islands. The regulated area
includes the waters of Assateague Channel from shoreline to shoreline,
bounded to the east by a line drawn from latitude 37[deg]55'00'' N,
longitude 075[deg]22'45'' W, to latitude 37[deg]54'47'' N, longitude
075[deg]22'45'' W,
[[Page 30222]]
and to the south by a line drawn from latitude 37[deg]54'47'' N,
longitude 075[deg]22'45'' W, to latitude 37[deg]54'47'' N, longitude
075[deg]23'04'' W. The regulated area as described, is amended to
ensure the safety of participants, wildlife and support vessels, and in
accordance with 33 CFR 100.501 will be enforced for the duration of the
marine event. Due to the need for vessel control during the event,
vessel traffic will be temporarily restricted in this segment of
Assateague Channel. Vessels may not enter the regulated area unless
they receive permission from the Coast Guard Patrol Commander.
Specific information on each event, including the exact dates,
times and description of the regulated area, will be provided to the
public through a Local Notice to Mariners published before the event,
as well as through Broadcast Notice to Mariners. The public will also
be notified about these marine events by local newspapers, radio and
television stations. The various methods of notification provided by
the Coast Guard and local community media outlets will facilitate
informing mariners so they can adjust their plans accordingly.
Discussion of Rule
The regulated area for ``The Great Chesapeake Bay Bridges Swim
Races and Chesapeake Challenge One Mile Swim'' is amended to correct
two reference positions incorrectly listed in the Table to Sec.
100.501, event No. 20. Specifically, the longitude that describes the
point north of the northern bridge span near the western shoreline
should have indicated 53 minutes vice 5 minutes longitude. The latitude
and longitude that describes the point south of the southern bridge
span near the eastern shoreline should have indicated 39 minutes
latitude and 10 minutes longitude vice 38.5 minutes and 6 minutes,
respectively. This action is not considered a significant change with
regard to both size of the regulated area and impact on vessels
transiting the area during the enforcement period. This rule amends
latitude and longitude points of reference that are located at the
periphery of the regulated area. The adjustments to latitude and
longitude discussed in this rule have minimal effect on the overall
size of the regulated area, particularly where it intersects charted
navigational channels. This corrective action will further enhance
safety of event participants, support vessels and local area vessels
transiting near the regulated area.
The regulated area for ``The Chincoteague Pony Penning Swim'' is
amended to correct the description of the regulated area incorrectly
listed in the Table to Sec. 100.501, event No. 42. The regulated area
as amended by this rule adjusts the southern boundary line by moving it
approximately 400 yards to the south along the mid-line of the channel
and adjusts the eastern boundary by moving it approximately 100 yards
to the west along the mid-line of the channel. This action is not
considered a significant change with regard to both size of the
regulated area and impact on vessels transiting the area during the
enforcement period. The regulated area encompasses a remote marsh area
with relatively light vessel traffic. This corrective action will
further enhance safety of event participants, wildlife, support vessels
and local area vessels transiting near the regulated area.
Regulatory Analyses
We developed this interim 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 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 accordingly. In some cases vessel
traffic may be able to transit the regulated area 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. This 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 the areas where marine events are being held.
This regulation will not have a significant impact on a substantial
number of small entities because it will be enforced only during marine
events that have been permitted by the Coast Guard Captain of the Port.
The Captain of the Port will ensure that small entities are able to
operate in the areas where events are occurring when it is safe to do
so. In some cases, vessels will be able to safely transit around the
regulated area at various times, and, with the permission of the Patrol
Commander, vessels may transit through the regulated area. 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.
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 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.
[[Page 30223]]
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. 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 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 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 the Table to Sec. 100.501, revise number 20
and number 42, to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
[[Page 30224]]
Table To Sec. 100.501.--All Coordinates Listed in the Table to Sec. 100.501 Reference Datum NAD 1983.
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No. Date Event Sponsor Location
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Coast Guard Sector Baltimore--COTP Zone
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* * * * * * *
20........... June--2nd Sunday... The Great Great Chesapeake The waters of the Chesapeake Bay
Chesapeake Bay Bay Swim, Inc. between and adjacent to the spans
Bridges Swim Races of the William P. Lane Jr.
and Chesapeake Memorial Bridge shore to shore
Challenge One Mile 500 yards north of the north span
Swim.. of the bridge from the western
shore at latitude
39[deg]00[min]36[sec] N,
longitude 076[deg]23[min]53[sec]
W and the eastern shore at
latitude 38[deg]59[min]14[sec] N,
longitude 076[deg]20[min]00[sec]
W, and 500 yards south of the
south span of the bridge from the
western shore at latitude
39[deg]00[min]16[sec] N,
longitude 076[deg]24[min]30[sec]
W and the eastern shore at
latitude 38[deg]58[min]39[sec] N,
longitude 076[deg]20[min]10[sec]
W.
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* * * * * * *
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Coast Guard Sector Hampton Roads--COTP Zone
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* * * * * * *
42........... July--last Pony Penning Swim.. Chincoteague The waters of Assateague Channel
Wednesday and Volunteer Fire from shoreline to shoreline,
following Friday. Department. bounded to the east by a line
drawn from latitude
37[deg]55[min]00[sec] N,
longitude 075[deg]22[min]45[sec]
W, to latitude
37[deg]54[min]47[sec] N,
longitude 075[deg]22[min]45[sec]
W, and to the south by a line
drawn from latitude
37[deg]54[min]47[sec] N,
longitude 075[deg]22[min]45[sec]
W, to latitude
37[deg]54[min]47[sec] N,
longitude 075[deg]23[min]04[sec]
W.
* * * * * * *
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Dated: June 10, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-15024 Filed 6-24-09; 8:45 am]
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