
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]               
[Page 29886-29889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my10-3]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0307]
RIN 1625-AA08

 
Special Local Regulation for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will temporarily change the enforcement period 
of special local regulations for recurring marine events in the Fifth 
Coast Guard District. These regulations apply to only one recurring 
marine event that conducts various river boat races and a parade. 
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 portions of the Southern Branch, Elizabeth 
River, VA during the event.

DATES: This rule is effective from June 11, 2010, through June 13, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0307 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0307 in the 
``Keyword'' box, and then clicking ``Search.'' 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 LT Tiffany Duffy, Project Manager, 
Sector Hampton Roads, Waterways Management Division, Coast Guard; 
telephone 757-668-5580, email 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

    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 because delaying the effective date would be 
contrary to the public interest since immediate action is needed to 
ensure the public's safety during the 34th Annual Norfolk Harborfest 
Celebration.
    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. Delaying the effective date would 
be contrary to the public interest since immediate action is needed to 
ensure the public's safety during 34th Annual Norfolk Harborfest 
Celebration.

Basis and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The on water activities 
that typically comprise marine events include sailing regattas, power 
boat races, swim races and holiday boat parades. 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 temporarily changes the enforcement period of 
special local regulations for recurring marine events within the Fifth 
Coast Guard District. This regulation applies to one marine event in 33 
CFR 100.501, Table to Sec.  100.501.
    On June 11, 12, and 13, 2010, Norfolk Festevents Ltd. will sponsor 
the ``34th Annual Norfolk Harborfest Celebration'' on the waters of the 
Southern Branch of the Elizabeth River near Norfolk, Virginia. The 
regulation at 33 CFR 100.501 is effective annually for this marine 
event. The event will consist of several boat races and parades on the 
Southern Branch of the Elizabeth River in the vicinity of Town Point 
Reach, Norfolk, Virginia. A fleet of spectator vessels is expected to 
gather near the

[[Page 29887]]

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 river boat races and parade. The regulation at 33 CFR 100.501 would 
be enforced for the duration of the event. Under provisions of 33 CFR 
100.501, on June 11, 12, and 13, 2010, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander.

Discussion of Rule

    The Coast Guard is establishing a temporary special local 
regulation on specified waters of the Southern Branch, Elizabeth River, 
near Norfolk, Virginia. The regulated area will be established in the 
interest of public safety during the 34th Annual Norfolk Harborfest 
Celebration, and will be enforced on June 11, 12, and 13, 2010. Access 
to the regulated area will be restricted during the specified dates or 
until the river boat races and parades are complete, whichever is 
sooner. Except for participants and vessels authorized by the Captain 
of the Port or his Representative, no person or vessel may enter or 
remain in the regulated area.

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 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. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. 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.

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 (adjusted for 
inflation) 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 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

[[Page 29888]]

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 that 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, suspend line No. 37 in the Table to Sec.  100.501 
from June 11, 2010, through June 13, 2010.
0
3. In Sec.  100.501, from June 11, 2010, through June 13, 2010, add 
line No. 62 in Table to Sec.  100.501 to read as follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to 
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
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             No.                     Date            Event           Sponsor                 Location
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                                                  * * * * * * *
62...........................  June 11-June     Norfolk          Norfolk          The waters of the Elizabeth
                                13, 2010.        Harborfest.      Festevents Ltd.  River and its branches from
                                                                                   shore to shore, bounded to
                                                                                   the northwest by a line drawn
                                                                                   across the Port Norfolk Reach
                                                                                   section of the Elizabeth
                                                                                   River between the northern
                                                                                   corner of the landing at
                                                                                   Hospital Point, Portsmouth,
                                                                                   Virginia, latitude
                                                                                   36[deg]50'51.0'' N, longitude
                                                                                   076[deg]18'09.0'' W and the
                                                                                   north corner of the City of
                                                                                   Norfolk Mooring Pier at the
                                                                                   foot of Brooks Avenue located
                                                                                   at latitude 36[deg]51'00.0''
                                                                                   N, longitude
                                                                                   076[deg]17'52.0'' W; bounded
                                                                                   on the southwest by a line
                                                                                   drawn from the southern
                                                                                   corner of the landing at
                                                                                   Hospital Point, Portsmouth,
                                                                                   Virginia, at latitude
                                                                                   36[deg]50'50.0'' N, longitude
                                                                                   076[deg]18'10.0'' W, to the
                                                                                   northern end of the eastern
                                                                                   most pier at the Tidewater
                                                                                   Yacht Agency Marina, located
                                                                                   at latitude 36[deg]50'29.0''
                                                                                   N, longitude
                                                                                   076[deg]17'52.0'' W; bounded
                                                                                   to the south by a line drawn
                                                                                   across the Lower Reach of the
                                                                                   Southern Branch of the
                                                                                   Elizabeth River, between the
                                                                                   Portsmouth Lightship Museum
                                                                                   located at the foot of London
                                                                                   Boulevard, in Portsmouth,
                                                                                   Virginia, at latitude
                                                                                   36[deg]50'10.0'' N, longitude
                                                                                   076[deg]17'47.0'' W, and the
                                                                                   northwest corner of the
                                                                                   Norfolk Shipbuilding &
                                                                                   Drydock, Berkley Plant, Pier
                                                                                   No. 1, located at latitude
                                                                                   36[deg]50'08.0'' N, longitude
                                                                                   076[deg]17'39.0'' W; and to
                                                                                   the southeast by the Berkley
                                                                                   Bridge which crosses the
                                                                                   Eastern Branch of the
                                                                                   Elizabeth River between
                                                                                   Berkley at latitude
                                                                                   36[deg]50'21.5'' N, longitude
                                                                                   076[deg]17'14.5'' W, and
                                                                                   Norfolk at latitude
                                                                                   36[deg]50'35.0'' N, longitude
                                                                                   076[deg]17'10.0'' W.
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[[Page 29889]]

    Dated: May 12, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-12846 Filed 5-27-10; 8:45 am]
BILLING CODE 9110-04-P

