[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Rules and Regulations]
[Page 61440-61442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-04-138]
RIN 1625-AA08
Special Local Regulation for Marine Events; Southern Branch,
Elizabeth River, Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations during 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. These special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This regulation will restrict vessel
traffic in portions of the Southern Branch of the Elizabeth River
during the event.
DATES: This rule is effective from 8 a.m. on November 5, 2004, to 6
p.m. on November 6, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-04-138 and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 30, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Southern
Branch, Elizabeth River, Portsmouth, VA in the Federal Register (69 FR
52840). We received no letters commenting on the proposed rule. No
public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3) the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register because delaying the rule would be impractical and
contrary to public interest as the event will take place on November 5
and 6, 2004.
Background and Purpose
On November 5 and 6, 2004, the Coast Guard and Canadian 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. 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
will temporarily restrict vessel traffic in the Southern Branch of the
Elizabeth River, including the North Ferry Landing, during the event.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking (NPRM) published in the Federal Register. Accordingly, the
Coast
[[Page 61441]]
Guard is establishing temporary special local regulations on specified
waters of the Southern Branch of the Elizabeth River. Since no comments
were received, no changes to this regulation were made.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation will prevent traffic
from transiting a portion of the Southern Branch of the Elizabeth River
during the event, 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 the Local Notice to Mariners, marine information
broadcasts, and area newspapers, so mariners can adjust their plans
accordingly. Additionally, the 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 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 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
might be small entities: The owners or operators of vessels intending
to transit the Southern Branch of the Elizabeth River during the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period. The 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 will 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 (Public Law 104-121), we want to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will 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.
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).
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 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 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
[[Page 61442]]
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 Commandant Instruction M16475.lD,
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 that section.
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; Department of Homeland Security
Delegation No. 0170.1.
0
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. A 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.
Participant means all vessels participating in the International
Search and Rescue Competition under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Group Hampton Roads.
(c) Special local regulations.
(1) Except for event participants and 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: October 7, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-23373 Filed 10-18-04; 8:45 am]
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