
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30827-30830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13180]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0392]
RIN 1625-AA08


Temporary Change of Dates for Recurring Marine Event in the Fifth 
Coast Guard District; Elizabeth River, Norfolk, VA

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. This regulation apply to only one recurring 
marine event that conducts various river boat races and a parade during 
the ``35th Annual Norfolk Harborfest Celebration.'' 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 10, 2011 until June 12, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0392 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0392 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 MST1 Danica Jolly, Waterways Management 
Division, Sector Hampton Roads, Coast Guard; telephone 757-668-5580, e-
mail Danica.A.Jolly@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 delaying the effective date would be 
contrary to the public interest since immediate action is needed to 
ensure the public's safety during the 35th 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 35th Annual Norfolk Harborfest 
Celebration.

Background 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 found 
in 33 CFR 100.501, Line 37 of Table to Sec.  100.501. The current 
enforcement period is June 1, 2, and 3.
    On June 10, 11, and 12, 2011, Norfolk Festevents Ltd. will sponsor 
the ``35th 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

[[Page 30828]]

Southern Branch of the Elizabeth River in the vicinity of Town Point 
Beach, Norfolk, Virginia. A fleet of spectator vessels is expected to 
gather near the event site to view the competitions. 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 will be enforced for the duration of the event. Under 
provisions of 33 CFR 100.501, on June 10, 11, and 12, 2011, vessels may 
not enter the regulated area unless they receive permission from the 
Coast Guard Patrol Commander.

Discussion of Rule

    The Coast Guard is temporarily changing the dates for an 
established special local regulation for marine events 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 35th Annual Norfolk Harborfest Celebration, and will be 
enforced on June 10, 11, and 12, 2011. 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders. 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 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 affect 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

[[Page 30829]]

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.

    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.

0
3. In Sec.  100.501, add line No. 58 in Table to Sec.  100.501; to read 
as follows:


Sec.  100.501-35T05-0392  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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    Number              Date                Event               Sponsor                     Location
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                                                  * * * * * * *
58............  June 10-June 12,     Norfolk Harborfest.  Norfolk Festevents   The waters of the Elizabeth River
                 2011.                                     Ltd.                 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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* * * * *

    Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-13180 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P


