
[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]               
[Page 15898-15900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr08-17]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0074]
RIN 1625-AA08

 
Special Local Regulations for Marine Events; Western Branch, 
Elizabeth River, Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Virginia State Hydroplane Championship'' power 
boat races, a marine event to be held on the waters of the Western 
Branch of the Elizabeth River at Portsmouth, Virginia on April 19 and 
20, 2008. These special local regulations are necessary to provide for 
the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in the Western Branch of the 
Elizabeth River during the event.

DATES: This rule is effective from 8 a.m. on April 19, 2008 through 6 
p.m. on April 20, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0074 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: 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, and the Fifth 
Coast Guard District, Inspections and Investigations Branch, 431 
Crawford Street, Portsmouth, VA 23704 between 9 a.m. and 2 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth 
Coast Guard District, Inspections and Investigations Branch, at (757) 
398-6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable and contrary to public interest since immediate action is 
needed to minimize potential danger to the public during the event. The 
danger posed by high speed power boat races makes special local 
regulations necessary to provide for the safety of event participants, 
support vessels, spectator craft and other vessels transiting the event 
area. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during the event. The Coast Guard will 
issue broadcast notice to mariners to advise vessel operators of 
navigational restrictions. On scene Coast Guard and local law 
enforcement vessels will also provide actual notice to mariners.

[[Page 15899]]

Background and Purpose

    On April 19 and 20, 2008, Virginia Boat Racing Association will 
sponsor the ``Virginia State Hydroplane Championship'' hydroplane races 
on the waters of the Western Branch, Elizabeth River at Portsmouth, 
Virginia. The event will consist of approximately 60 hydroplane 
powerboats conducting high-speed competitive races on the Western 
Branch of the Elizabeth River in the vicinity of Portsmouth City Park, 
Portsmouth, Virginia. 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, support and transiting vessels, the 
Coast Guard will temporarily restrict vessel traffic in the event area 
during the hydroplane races.

Discussion of Rule

    The special local regulations will be enforced from 8 a.m. to 6 
p.m. on April 19 and 20, 2008, and will restrict navigation in the 
regulated area during the hydroplane races. 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. The regulated area is needed to control vessel traffic during 
the event to enhance the safety of participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, marine information broadcasts, local newspapers and 
radio stations so mariners can adjust their plans accordingly.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this regulation will prevent traffic 
from transiting a portion of the Western Branch of the Elizabeth River 
during the event, 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 the Local Notice to Mariners, marine information 
broadcasts, 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. 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 a portion of the Western Branch, Elizabeth 
River during the event.
    This rule 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 a limited period. 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. 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), 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.

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.

[[Page 15900]]

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 Commandant Instruction M16475.lD 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine event permit are specifically 
excluded from further analysis and documentation under that section.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' 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, and Waterways.

Words of Issuance and Regulatory Text

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 a temporary Sec.  100.35-T05-018 to read as follows:


Sec.  100.35-T05-018,  Western Branch, Elizabeth River, Portsmouth, VA.

    (a) Regulated area includes all waters of the Western Branch, 
Elizabeth River bounded by a line connecting the following points: 
latitude 36[deg]50'06'' N, longitude 076[deg]22'27'' W, thence to 
latitude 36[deg]50'06'' N, longitude 076[deg]21'57'' W, thence to 
latitude 36[deg]50'15'' N, longitude 076[deg] 21'55.8'' W, thence to 
latitude 36[deg]50'15'' N, longitude 076[deg]22'27'' W, thence to point 
of origin. 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.
    (3) Participant includes all vessels participating in the Virginia 
State Hydroplane Championship under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by Commander, Coast 
Guard Sector Hampton Roads.
    (c) Special local regulations: (1) Except for event participants 
and 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.
    (iii) When authorized to transit the regulated area, all vessels 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the race course.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 6 p.m. on April 19 and 20, 2008. A notice of enforcement of this 
section will be disseminated through the Fifth Coast Guard District 
Local Notice to Mariners announcing the specific event date and times. 
Notice will also be made via broadcast notice to mariners on VHF-FM 
marine band radio channel 22 (157.1 MHz).

    Dated: March 17, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E8-6154 Filed 3-25-08; 8:45 am]

BILLING CODE 4910-15-P
