Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, 29886-29889 [2010-12846]

Download as PDF 29886 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations c. By revising under Israel, in alphabetical order, one Israeli entity; The revisions read as follows: ■ SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST Country Entity License requirement License review policy Federal Register citation * EGYPT ............... * H Logic, Behind 14 Mahmoud Sedky St., El Ekbal, Alexandria, Egypt; and 11 Abd El-Hamid Shoman St., Nasser City, Cairo. * * For all items subject to the EAR. (See § 744.11 of the EAR). * * * Presumption of denial ........... 73 FR 54504, 9/22/08. 75 FR [Insert FR page number and 5/28/10. * ISRAEL .............. * Ben Gurion University, Israel * * For computers above the Tier 3 level described in Section 740.7(d) (i.e., Tier 3 under APP).. * * * Case-by-case basis .............. 62 FR 4910, 2/3/97 65 FR 12919, 03/10/00. 75 FR [Insert FR page number and 5/28/10. * * * Dated: May 21, 2010. Kevin J. Wolf, Assistant Secretary for Export Administration. BILLING CODE 3510–33–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–0307] RIN 1625–AA08 Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District Coast Guard, DHS. Temporary final rule. AGENCY: WReier-Aviles on DSKGBLS3C1PROD with RULES SUMMARY: The Coast Guard will temporarily change the enforcement period of special local regulations for recurring marine events in the Fifth Coast Guard District. These regulations apply to only one recurring marine event that conducts various river boat races and a parade. 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 11, 2010, through June 13, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– VerDate Mar<15>2010 15:16 May 27, 2010 Jkt 220001 * 0307 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0307 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 LT Tiffany Duffy, Project Manager, Sector Hampton Roads, Waterways Management Division, Coast Guard; telephone 757– 668–5580, email Tiffany.A.Duffy@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: [FR Doc. 2010–12956 Filed 5–27–10; 8:45 am] ACTION: * 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 * immediate action is needed to ensure the public’s safety during the 34th 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 34th Annual Norfolk Harborfest Celebration. Basis 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 in 33 CFR 100.501, Table to § 100.501. On June 11, 12, and 13, 2010, Norfolk Festevents Ltd. will sponsor the ‘‘34th 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 Southern Branch of the Elizabeth River in the vicinity of Town Point Reach, Norfolk, Virginia. A fleet of spectator vessels is expected to gather near the E:\FR\FM\28MYR1.SGM 28MYR1 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations event site to view the competition. 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 would be enforced for the duration of the event. Under provisions of 33 CFR 100.501, on June 11, 12, and 13, 2010, vessels may not enter the regulated area unless they receive permission from the Coast Guard Patrol Commander. Discussion of Rule The Coast Guard is establishing a temporary special local regulation 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 34th Annual Norfolk Harborfest Celebration, and will be enforced on June 11, 12, and 13, 2010. 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. WReier-Aviles on DSKGBLS3C1PROD with RULES 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 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 § 100.501. In some cases vessel traffic may be able to transit the VerDate Mar<15>2010 15:16 May 27, 2010 Jkt 220001 29887 regulated area when the Coast Guard Patrol Commander deems it is safe to do so. small entities that question or complain about this rule or any policy or action of the Coast Guard. 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. Collection of Information 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 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. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 (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 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 E:\FR\FM\28MYR1.SGM 28MYR1 29888 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 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 that 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. ■ 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. In § 100.501, suspend line No. 37 in the Table to § 100.501 from June 11, 2010, through June 13, 2010. ■ 3. In § 100.501, from June 11, 2010, through June 13, 2010, add line No. 62 in Table to § 100.501 to read as follows: ■ § 100.501 Special Local Regulations; Marine Events in the Fifth Coast Guard District. * * * * * Table To § 100.501.—All coordinates listed in the Table to § 100.501 reference Datum NAD 1983. COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE Date Event Sponsor Location * 62 ........................... WReier-Aviles on DSKGBLS3C1PROD with RULES No. * June 11–June 13, 2010. * Norfolk Harborfest * Norfolk Festevents Ltd. * * * The waters of the Elizabeth River 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°50′51.0″ N, longitude 076°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°51′00.0″ N, longitude 076°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°50′50.0″ N, longitude 076°18′10.0″ W, to the northern end of the eastern most pier at the Tidewater Yacht Agency Marina, located at latitude 36°50′29.0″ N, longitude 076°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°50′10.0″ N, longitude 076°17′47.0″ W, and the northwest corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at latitude 36°50′08.0″ N, longitude 076°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°50′21.5″ N, longitude 076°17′14.5″ W, and Norfolk at latitude 36°50′35.0″ N, longitude 076°17′10.0″ W. VerDate Mar<15>2010 15:16 May 27, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\28MYR1.SGM 28MYR1 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations Dated: May 12, 2010. M.S. Ogle, Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads. Regulatory Information [FR Doc. 2010–12846 Filed 5–27–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2010–0363] RIN 1625–AA08 Special Local Regulation for Marine Event; 2010 International Cup Regatta, Pasquotank River, Elizabeth City, NC Coast Guard, DHS. Temporary final rule. AGENCY: WReier-Aviles on DSKGBLS3C1PROD with RULES ACTION: SUMMARY: The Coast Guard is temporarily changing the enforcement period of special local regulations for a recurring marine event involving power boat races in the Fifth Coast Guard District. This action is intended to restrict vessel traffic in a portion of the Pasquotank River, near Elizabeth City, NC, during the 2010 International Cup Regatta. Special local regulations are necessary to provide for the safety of life on navigable waters during the event. DATES: This rule is effective from June 4 through June 6, 2010. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0363 and are available online by going to http://www.regulations.gov, inserting USCG–2010–0363 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 Petty Officer Kevin Ouyoumjian, Prevention Department, Coast Guard Sector North Carolina, Atlantic Beach, NC; telephone 252–247– 4528, e-mail Kevin.J.Ouyoumjian@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:16 May 27, 2010 Jkt 220001 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 the potential dangers posed by vessel traffic operating in close proximity to high speed power boats makes special local regulations necessary to provide for the safety of participants, event support vessels, spectator craft and other vessels. Delaying the effective date would be contrary to the public interest, since immediate action is needed to ensure the safety of the event participants, patrol vessels, spectator craft and other vessels transiting the event area. For these reasons, it is in the public interest to have these regulations in effect during the event. The Coast Guard will issue broadcast notice to mariners to advise vessel operators of navigational restrictions. On scene Coast Guard and local law enforcement vessels will also provide actual notice to mariners. 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 This regulation temporarily changes the enforcement period of special local regulations for a recurring marine event in 33 CFR 100.501 and 33 CFR Table to § 100.501, No. 54. On June 5 and 6, 2010, Carolina Cup Regatta, Inc. will sponsor the 2010 International Cup Regatta hydroplane races on the waters of the Pasquotank River adjacent to Elizabeth City, North Carolina. The event will consist of approximately 75 hydroplane powerboats conducting high-speed competitive races on the Pasquotank River from shoreline to shoreline in the vicinity of the Elizabeth City Waterfront, Elizabeth City, North Carolina. A fleet of spectator vessels is expected to gather near the event site to view the competition. The regulation at 33 CFR 100.501 and 33 CFR Table to 100.501 is effective annually for this marine event on the second Saturday and Sunday of June, PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 29889 which is June 12 and 13 this year. Because the dates of the event this year differ from the effective dates in the CFR, this rule temporarily changes the effective dates of the existing regulation. 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 hydroplane races. The existing regulation in the CFR will be enforced for the duration of the event this year on June 5 and 6 instead of June 12 and 13. Discussion of Rule The Coast Guard is temporarily changing the effective dates of special local regulations, in 33 CFR Table to 100.501, No. 54, for the 2010 International Cup Regatta from ‘‘June— 2nd Saturday and Sunday’’ to ‘‘June—1st Saturday and Sunday’’ because the regatta will be held on the latter dates this year. The temporary special local regulations in 33 CFR 100.501 will be enforced from 9 a.m. to 6:30 p.m. on June 5 and June 6, 2010, and will restrict general navigation in the regulated area described in 33 CFR Table to 100.501, No. 54. The name of the event has also changed this year from the Carolina Cup Regatta to the 2010 International Cup Regatta, and the event sponsor’s name has changed from the Virginia Boat Racing Association to Carolina Cup Regatta, Inc. Except for participants and vessels authorized by the Coast Guard Patrol Commander, no person or vessel will be allowed to enter or remain in the regulated area. These regulations are needed to control vessel traffic during the event to enhance the safety of participants, spectators and transiting vessels. 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 Pasquotank River during the event, the effect of this regulation will not be significant due to the limited duration E:\FR\FM\28MYR1.SGM 28MYR1

Agencies

[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Rules and Regulations]
[Pages 29886-29889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12846]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0307]
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 will temporarily change the enforcement period 
of special local regulations for recurring marine events in the Fifth 
Coast Guard District. These regulations apply to only one recurring 
marine event that conducts various river boat races and a parade. 
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 11, 2010, through June 13, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0307 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0307 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 LT Tiffany Duffy, Project Manager, 
Sector Hampton Roads, Waterways Management Division, Coast Guard; 
telephone 757-668-5580, email Tiffany.A.Duffy@uscg.mil. If you have 
questions on viewing or submitting material to 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 34th 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 34th Annual Norfolk Harborfest 
Celebration.

Basis 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 in 33 
CFR 100.501, Table to Sec.  100.501.
    On June 11, 12, and 13, 2010, Norfolk Festevents Ltd. will sponsor 
the ``34th 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 
Southern Branch of the Elizabeth River in the vicinity of Town Point 
Reach, Norfolk, Virginia. A fleet of spectator vessels is expected to 
gather near the

[[Page 29887]]

event site to view the competition. 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 would 
be enforced for the duration of the event. Under provisions of 33 CFR 
100.501, on June 11, 12, and 13, 2010, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander.

Discussion of Rule

    The Coast Guard is establishing a temporary special local 
regulation 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 34th Annual Norfolk Harborfest 
Celebration, and will be enforced on June 11, 12, and 13, 2010. 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, 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 
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 (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

[[Page 29888]]

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 that 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, suspend line No. 37 in the Table to Sec.  100.501 
from June 11, 2010, through June 13, 2010.
0
3. In Sec.  100.501, from June 11, 2010, through June 13, 2010, add 
line No. 62 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.

                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
             No.                     Date            Event           Sponsor                 Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62...........................  June 11-June     Norfolk          Norfolk          The waters of the Elizabeth
                                13, 2010.        Harborfest.      Festevents Ltd.  River 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.
----------------------------------------------------------------------------------------------------------------



[[Page 29889]]

    Dated: May 12, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-12846 Filed 5-27-10; 8:45 am]
BILLING CODE 9110-04-P