[Federal Register: August 30, 2004 (Volume 69, Number 167)]
[Proposed Rules]
[Page 52840-52842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au04-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-04-138]
RIN 1625-AA08
Special Local Regulations for Marine Events; Southern Branch,
Elizabeth River, Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for the ``International Search and Rescue Competition'', a
marine event to be held on the waters of the Southern Branch of the
Elizabeth River at Portsmouth, Virginia. This action is 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 of the Elizabeth River during the event.
DATES: Comments and related material must reach the Coast Guard on or
before September 29, 2004.
ADDRESSES: You may mail comments and related material to Commander
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational
Boating Safety Branch, Fifth Coast Guard District, maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the above address between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-04-
138), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
In order to provide notice and an opportunity to comment before
issuing an effective rule, we are providing a shorter than normal
comment period. A 30-day comment period is sufficient to allow those
who might be affected by this rulemaking to submit their comments
because the regulations have a narrow, local application, and there
will be local notifications in addition to the Federal Register
publication such as press releases, marine information broadcasts, and
the Local Notice to Mariners.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (oax), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The United States and Canadian Coast Guard Auxiliaries will sponsor
the ``International Search and Rescue Competition'', a marine event to
be held on the waters of the Southern Branch of the Elizabeth River at
Portsmouth, Virginia, on November 5 and 6, 2004. The event will consist
of International teams competing in various events designed to
demonstrate competence in maritime search and rescue techniques. To
provide for the safety of participants, spectators and support vessels,
the Coast Guard proposes to temporarily restrict vessel traffic in the
Southern Branch of the Elizabeth River, including the North Ferry
Landing, during the event.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on waters of the Southern Branch of the Elizabeth River at
Portsmouth, Virginia. The temporary regulations would be in effect from
8 a.m. to 6 p.m. on November 5 and 6, 2004. The effect would be to
restrict general navigation in the regulated area during the event.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel would be allowed to enter or remain in
the regulated area. The proposed regulated area is needed to control
vessel traffic during the event to enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This proposed 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
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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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this proposed regulation
would prevent traffic from transiting the Southern Branch of the
Elizabeth River during the event, the effect of this proposed
regulation would 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
proposed regulated area has been narrowly tailored to impose the least
impact on general navigation yet provide the level of safety deemed
necessary. Vessel traffic would be able to transit the Southern Branch
of the Elizabeth River whenever the Coast Guard Patrol Commander
determines it safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to transit the Southern Branch of the
Elizabeth River during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
proposed rule would be in effect for only a short period. The proposed
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 allowed to transit the Southern Branch of the
Elizabeth River whenever the Coast Guard Patrol Commander determines it
safe to do so. Before the enforcement period, we would issue maritime
advisories so mariners can adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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
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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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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 parade permit are specifically
excluded from further analysis and documentation under those sections.
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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233, Department of Homeland Security
Delegation No. 0170.1.
2. Add temporary Sec. 100.35-T05-138 to read as follows:
Sec. 100.35-T05-138; Southern Branch, Elizabeth River, Portsmouth, VA
(a) Regulated area. The regulated area is established for the
waters of the Southern Branch of the Elizabeth River including the
North Ferry Landing, from shoreline to shoreline, bounded to the north
by a line drawn along Latitude 36[deg]50'23'' N and bounded to the
south by a line drawn along Latitude 36[deg]50'12'' N. All coordinates
reference Datum NAD 1983.
(b) Definitions. As used in this section--
Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Group Hampton Roads.
Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Group 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 shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement period. This section will be enforced from 8 a.m.
to 6 p.m. on November 5 and 6, 2004.
Dated: August 16, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-19732 Filed 8-27-04; 8:45 am]
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