
[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Rules and Regulations]               
[Page 47212-47214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-17]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0713]
RIN 1625-AA08

 
Special Local Regulation for Marine Events; Elizabeth River, 
Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation 
during the USCG City of Portsmouth Celebration Rowing Regatta on the 
Elizabeth River. The event consists of a series of crew rowing races to 
be held on the waters of the Elizabeth River, near Portsmouth, 
Virginia. This special local regulation will restrict vessel traffic 
and is necessary to provide for the safety of life on navigable waters 
during the event.

DATES: This rule is effective from 5 p.m. to 7 p.m. on August 6, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2010-0713 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0713 in the 
``Keyword'' box, and then clicking ``Search.'' 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,

[[Page 47213]]

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 Michael DiPace, Chief Waterways 
Management Division, Sector Hampton Roads, Coast Guard; telephone (757) 
668-5580, e-mail Michael.S.DiPace@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

    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 immediate action is needed to ensure 
the safety of the event participants, spectator craft, and other 
vessels transiting the event area. For the same reasons, the Coast 
Guard also finds, under 5 U.S.C. 553(d)(3), that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

Basis and Purpose

    The City of Portsmouth Ports Events will sponsor a series of crew 
rowing races titled the ``USCG City of Portsmouth Celebration Rowing 
Regatta.'' The crew rowing races will be held on August 6, 2010. The 
races will be held on the Elizabeth River adjacent to the Portsmouth 
seawall from High Street Landing to Livingston Street, located on 
Norfolk Naval Shipyard in Portsmouth, Virginia. The crew rowing races 
will consist of approximately 20 outrigger canoes conducting slow speed 
straight line runs along the river and parallel to the shoreline. 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 rowing races.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Elizabeth River adjacent to the Portsmouth 
seawall in Portsmouth, Virginia. The regulated area includes a section 
of the Elizabeth River approximately one half mile long and bounded in 
width from shoreline to shoreline, bounded to the north by the waters 
adjacent to High Street Landing located at latitude 36[deg]50'07'' N, 
longitude 076[deg]17'46'' W (NAD 1983), and bounded to the south by the 
waters adjacent to Livingston Street on Norfolk Naval Shipyard in 
Portsmouth, Virginia located at latitude 36[deg]49'30'' N, longitude 
076[deg]17'34'' W (NAD 1983). The temporary special local regulations 
will be enforced from 5 p.m. to 7 p.m. on August 6, 2010, and will 
restrict general navigation in the regulated area during the crew 
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 enforcement period.

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 Elizabeth River during the 
events, the effect of this regulation will not be significant due to 
its limited duration 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 necessary level of safety. Vessel traffic will be able to 
transit the regulated area between races 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. This rule will affect the following entities, some of which 
may be small entities: Owners or operators of vessels intending to 
transit this section of the Elizabeth River from 5 p.m. to 7 p.m. on 
August 6, 2010. 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 half mile segment of the 
Elizabeth River, traffic may be allowed to pass through the regulated 
area with the permission of the Coast Guard Patrol Commander between 
races. Additionally, the Coast Guard will issue maritime advisories 
prior to the enforcement period 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

[[Page 47214]]

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 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.  100.35-T05-0713 to read as follows:


Sec.  100.35-T05-0713  Elizabeth River, Portsmouth, Virginia.

    (a) Regulated area. The following is a regulated area: All waters 
of the Elizabeth River from bottom to surface and from shoreline to 
shoreline, bounded to the north by the waters adjacent to High Street 
Landing located at latitude 36[deg]50'07'' N, longitude 076[deg]17'46'' 
W, and bounded to the south by the waters adjacent to Livingston Street 
on Norfolk Naval Shipyard in Portsmouth, Virginia located at latitude 
36[deg]49'30'' N, longitude 076[deg]17'34'' W (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 an 
Official Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement period. This regulation will be enforced from 5 
p.m. to 7 p.m. on August 6, 2010.

    Dated: July 23, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-19322 Filed 8-4-10; 8:45 am]
BILLING CODE 9110-04-P

