[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Rules and Regulations]
[Pages 33502-33505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13811]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0180]
RIN 1625-AA08
Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard temporarily changes the enforcement period of
special local regulations for a recurring marine event in the Fifth
Coast Guard District. These regulations apply to only one recurring
marine event that establishes two spectator vessel anchorage areas and
restricts vessel traffic. 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
Hampton River, Hampton, VA, and Sunset Creek, Hampton, VA during the
event.
DATES: This rule is effective from 11:30 a.m. on July 10, 2010, to 1:30
p.m. on July 11, 2010. This rule will be enforced from 11:30 a.m. to
2:30 p.m. and 9 p.m. to 10 p.m. on July 10, 2010, and from 12:30 p.m.
to 1:30 p.m. on July 11, 2010.
[[Page 33503]]
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0180 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0180 in the ``Keyword''
box, and then clicking on ``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, 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 Tiffany Duffy, Project Manager,
Sector Hampton Roads, Waterways Management Division, 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
On April 5, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Event; Temporary
Change of Dates for Recurring Marine Event in the Fifth Coast Guard
District in the Federal Register (75 FR 17099). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.
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 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 a recurring marine event within the Fifth
Coast Guard District. This regulation applies to one marine event in 33
CFR 100.501, Table to Sec. 100.501.
On July 9, 10, and 11, 2010, the City of Hampton and The Virginia
Air and Space Museum will sponsor the ``11th Hampton Blackbeard
Festival,'' a historic festival on the waters of the Hampton River near
Hampton, Virginia. The regulation at 33 CFR 100.501 is effective
annually for this marine event. The event will consist of three replica
pirate ships conducting a simulated wartime demonstration on July 10,
2010 from 11:30 a.m. to 2:30 p.m. and July 11, 2010 from 12:30 p.m. to
1:30 p.m. on the Hampton River in the vicinity of Mill Point Park,
Hampton, Virginia. The event will also consist of a fireworks display
on July 10, 2010 from 9 p.m. to 10 p.m. over the Hampton River in the
vicinity of Mill Point Park, Hampton, Virginia. A fleet of spectator
vessels is expected to gather near the event site to view the simulated
wartime demonstration and fireworks display. To provide for the safety
of participants, spectators, support and transiting vessels, the Coast
Guard temporarily restricts vessel traffic in the event area during the
demonstration and fireworks display. The regulation at 33 CFR 100.501
would be enforced for the duration of the event. Under provisions of 33
CFR 100.501, from 11:30 a.m. to 2:30 p.m. and 9 p.m. to 10 p.m. on July
10, 2010, and from 12:30 p.m. to 1:30 p.m. on July 11, 2010, vessels
may not enter the regulated area unless they receive permission from
the Coast Guard Patrol Commander.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Hampton River, near Hampton,
Virginia.
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 rule prevents traffic from transiting a portion of
the Hampton River 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 Hampton River 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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
[[Page 33504]]
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 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.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
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. In Sec. 100.501, from 11:30 a.m. on July 10, 2010, to 1:30 p.m. on
July 11, 2010, suspend line No. 36 in the Table to Sec. 100.501.
0
3. In Sec. 100.501, from 11:30 a.m. on July 10, 2010, to 1:30 p.m. on
July 11, 2010, add line No. 61 in Table to Sec. 100.501 to read as
follows:
Sec. 100.501 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.
* * * * *
[[Page 33505]]
Coast Guard Sector Hampton Roads--COTP Zone
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No. Date Event Sponsor Location
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* * * * * * *
61............. July 9--July 11, 2010 Blackbeard Festival.. City of Hampton and The waters of Sunset Creek
The Virginia Air and and Hampton River shore
Space Center. to shore bounded to the
north by the C & O
Railroad Bridge and to
the south by a line drawn
from Hampton River
Channel Light 16 (LL
5715), located at
latitude 37[deg]01'03.0''
N, longitude
76[deg]20'26.0'' W, to
the finger pier across
the river at Fisherman's
Wharf, located at
latitude 37[deg]01'01.5''
N, longitude
76[deg]20'32.0'' W.
Spectator Vessel Anchorage
Areas--Area A: Located in
the upper reaches of the
Hampton River, bounded to
the south by a line drawn
from the western shore at
latitude 37[deg]01'48.0''
N, longitude
76[deg]20'22.0'' W,
across the river to the
eastern shore at latitude
37[deg]01'44.0'' N,
longitude
76[deg]20'13.0'' W, and
to the north by the C & O
Railroad Bridge. The
anchorage area will be
marked by orange buoys.
Area B: Located on the
eastern side of the
channel, in the Hampton
River, south of the Queen
Street Bridge, near the
Riverside Health Center.
Bounded by the shoreline
and a line drawn between
the following points:
Latitude 37[deg]01'26.0''
N, longitude
76[deg]20'24.0'' W,
latitude 37[deg]01'22.0''
N, longitude
76[deg]20'26.0'' W, and
latitude 37[deg]01'22.0''
N, longitude
76[deg]20'23.0'' W. The
anchorage area will be
marked by orange buoys.
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Dated: May 24, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the Port, Hampton Roads.
[FR Doc. 2010-13811 Filed 6-9-10; 4:15 pm]
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