[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30827-30830]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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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[[Page 30830]]
* * * * *
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