Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, 29886-29889 [2010-12846]
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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:
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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
Country
Entity
License requirement
License review policy
Federal Register citation
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EGYPT ...............
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H Logic, Behind 14
Mahmoud Sedky St., El
Ekbal, Alexandria, Egypt;
and 11 Abd El-Hamid
Shoman St., Nasser City,
Cairo.
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For all items subject to the
EAR. (See § 744.11 of the
EAR).
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*
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Presumption of denial ........... 73 FR 54504, 9/22/08. 75 FR
[Insert FR page number
and 5/28/10.
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ISRAEL ..............
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Ben Gurion University, Israel
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For computers above the
Tier 3 level described in
Section 740.7(d) (i.e., Tier
3 under APP)..
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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.
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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–
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*
0307 and are available online by going
to https://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
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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
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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
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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.
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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
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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 ...........................
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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.
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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 https://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:
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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,
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
