[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47212-47214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19322]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0713]
RIN 1625-AA08
Special Local Regulation for Marine Events; Elizabeth River,
Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation
during the USCG City of Portsmouth Celebration Rowing Regatta on the
Elizabeth River. The event consists of a series of crew rowing races to
be held on the waters of the Elizabeth River, near Portsmouth,
Virginia. This special local regulation will restrict vessel traffic
and is necessary to provide for the safety of life on navigable waters
during the event.
DATES: This rule is effective from 5 p.m. to 7 p.m. on August 6, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2010-0713 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0713 in the
``Keyword'' box, and then clicking ``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,
[[Page 47213]]
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 Michael DiPace, Chief 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 immediate action is needed to ensure
the safety of the event participants, spectator craft, and other
vessels transiting the event area. For the same reasons, the Coast
Guard also finds, under 5 U.S.C. 553(d)(3), that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.
Basis and Purpose
The City of Portsmouth Ports Events will sponsor a series of crew
rowing races titled the ``USCG City of Portsmouth Celebration Rowing
Regatta.'' The crew rowing races will be held on August 6, 2010. The
races will be held on the Elizabeth River adjacent to the Portsmouth
seawall from High Street Landing to Livingston Street, located on
Norfolk Naval Shipyard in Portsmouth, Virginia. The crew rowing races
will consist of approximately 20 outrigger canoes conducting slow speed
straight line runs along the river and parallel to the shoreline. To
provide for the safety of participants, spectators and other transiting
vessels, the Coast Guard will temporarily restrict vessel traffic in
the event area during the rowing races.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Elizabeth River adjacent to the Portsmouth
seawall in Portsmouth, Virginia. The regulated area includes a section
of the Elizabeth River approximately one half mile long and bounded in
width from shoreline to shoreline, bounded to the north by the waters
adjacent to High Street Landing located at latitude 36[deg]50'07'' N,
longitude 076[deg]17'46'' W (NAD 1983), and bounded to the south by the
waters adjacent to Livingston Street on Norfolk Naval Shipyard in
Portsmouth, Virginia located at latitude 36[deg]49'30'' N, longitude
076[deg]17'34'' W (NAD 1983). The temporary special local regulations
will be enforced from 5 p.m. to 7 p.m. on August 6, 2010, and will
restrict general navigation in the regulated area during the crew
races. Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area during the enforcement period.
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 regulation will prevent
traffic from transiting a portion of the Elizabeth River during the
events, the effect of this regulation will not be significant due to
its limited duration and the advance notification that will be made to
the maritime community via marine information broadcast so mariners can
adjust their plans accordingly. Additionally, the regulated area has
been designed to impose the least impact on general navigation yet
provide the necessary level of safety. Vessel traffic will be able to
transit the regulated area between races and 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 will affect the following entities, some of which
may be small entities: Owners or operators of vessels intending to
transit this section of the Elizabeth River from 5 p.m. to 7 p.m. on
August 6, 2010. This rule would not have a significant economic impact
on a substantial number of small entities for the following reasons:
Although the regulated area will apply to a half mile segment of the
Elizabeth River, traffic may be allowed to pass through the regulated
area with the permission of the Coast Guard Patrol Commander between
races. Additionally, the Coast Guard will issue maritime advisories
prior to the enforcement period 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
[[Page 47214]]
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 (adjusted for
inflation) 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 cause 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. 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.
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. Add temporary Sec. 100.35-T05-0713 to read as follows:
Sec. 100.35-T05-0713 Elizabeth River, Portsmouth, Virginia.
(a) Regulated area. The following is a regulated area: All waters
of the Elizabeth River from bottom to surface and from shoreline to
shoreline, bounded to the north by the waters adjacent to High Street
Landing located at latitude 36[deg]50'07'' N, longitude 076[deg]17'46''
W, and bounded to the south by the waters adjacent to Livingston Street
on Norfolk Naval Shipyard in Portsmouth, Virginia located at latitude
36[deg]49'30'' N, longitude 076[deg]17'34'' W (NAD 1983).
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector 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 must:
(i) Stop the vessel immediately when directed to do so by an
Official Patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement period. This regulation will be enforced from 5
p.m. to 7 p.m. on August 6, 2010.
Dated: July 23, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-19322 Filed 8-4-10; 8:45 am]
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