Special Local Regulation for Marine Events; Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard District, 33502-33505 [2010-13811]
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Rules and Regulations
they would be at a competitive
disadvantage.
C. Amendment to Definition of Money
Market Deposit Accounts
In accord with the FRB amendment to
Regulation D and the FDIC’s
amendment to its definition of ‘‘demand
deposit,’’ OTS is amending its definition
of Money Market Deposit Accounts in
section 561.28 to eliminate the three
transfer sublimit. This will be done by
eliminating the proviso in subsection
561.28(a)(2)(i), which currently reads as
follows: ‘‘Provided, that no more than
three of the six transfers provided for in
this paragraph (a)(2)(i) may be by check,
draft, debit card, or similar order made
by the depositor and payable to a third
parties.’’
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
II. Exemption From Public Notice and
Comment
To issue a final rule without public
notice and comment, an agency must
find good cause that notice and
comment are impracticable,
unnecessary, or contrary to the public
interest. 5 U.S.C. 553(b) Similarly, to
issue a rule that is immediately
effective, the agency must find good
cause for dispensing with the 30-day
delay required by the Administrative
Procedure Act (APA).
OTS regulations require that the
FRB’s Regulation D apply to OTS’s
definition of various savings accounts.
To achieve consistency among the
agencies and to further the intent of
OTS’s regulation at 12 CFR 557.10, OTS
has decided to eliminate the three
transfer sublimit for savings associations
in the same way that the FRB has done
for member banks and that the FDIC has
done for banks under its jurisdiction.
For this reason, OTS has determined for
good cause that public notice and
comment is unnecessary under the
APA, and that the rule should be
published in the Federal Register as a
final rule.
III. Effective Date
For the same reasons OTS has
determined that public notice and
comment is unnecessary for good cause,
OTS also finds good cause to adopt an
effective date that would be less than 30
days after the publication in the Federal
Register pursuant to the APA. 5 U.S.C.
553(d) Accordingly, the amendment to
section 561.28 will be effective as of the
date of publication in the Federal
Register.
IV. Regulatory Flexibility Act
An initial regulatory flexibility
analysis under the Regulatory
Flexibility Act (RFA) is required only
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when an agency must publish a general
notice of proposed rulemaking. 5 U.S.C.
603. As already noted, OTS has
determined that publication of a notice
of proposed rulemaking is not necessary
for this final rule. Accordingly, the RFA
does not require an initial regulatory
flexibility analysis. Nevertheless, OTS
has considered the likely impact of the
rule on small entities and believes that
the rule will not have a significant
impact on a substantial number of small
entities.
V. Executive Order 12866
OTS has determined that this final
rule does not constitute a ‘‘significant
regulatory action’’ for purposes of
Executive Order 12866.
VI. Unfunded Mandates Act of 1995
Authority: 12 U.S.C. 1462, 1462a, 1463,
1464, 1467a.
2. Section 561.28 is amended by
revising paragraph (a)(2)(i) to read as
follows:
§ 561.28
Money Market Deposit Accounts.
(a) * * *
■ (2)(i) The depositor is authorized by
the savings association to make no more
than six transfers per calendar month or
statement cycle (or similar period) of at
least four weeks by means of
preauthorized, automatic, telephonic, or
data transmission agreement, order, or
instruction to another account of the
depositor at the same savings
association to the savings association
itself, or to a third party.
*
*
*
*
*
Section 202 of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4 (UMRA) requires that an
agency prepare a budgetary impact
statement before promulgating a rule
that includes a Federal mandate that
may result in the expenditure by state,
local, and tribal governments, in the
aggregate, or by the private sector of
$100 million or more (adjusted annually
for inflation) in any one year. If a
budgetary impact statement is required,
section 205 of the UMRA also requires
an agency to identify and consider a
reasonable number of regulatory
alternatives before promulgating a rule.
The OTS has determined that the rule
will not result in expenditures by state,
local, and tribal governments, or by the
private sector, of $100 million or more.
Accordingly, OTS has not prepared a
budgetary impact statement or
specifically addressed the regulatory
alternatives considered.
Dated: June 3, 2010.
By the Office of Thrift Supervision.
John E. Bowman,
Acting Director.
VII. Paperwork Reduction Act
ACTION:
No collection of information pursuant
to section 3504(h) of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501
et seq.) is contained in this final rule.
Consequently, no information has been
submitted to the Office of Management
and Budget for review.
SUMMARY: The Coast Guard temporarily
changes the enforcement period of
special local regulations for a recurring
marine event in the Fifth Coast Guard
District. These regulations apply to only
one recurring marine event that
establishes two spectator vessel
anchorage areas and restricts vessel
traffic. Special local regulations are
necessary to provide for the safety of life
on navigable waters during the event.
This action is intended to restrict vessel
traffic in portions of the Hampton River,
Hampton, VA, and Sunset Creek,
Hampton, VA during the event.
DATES: This rule is effective from 11:30
a.m. on July 10, 2010, to 1:30 p.m. on
July 11, 2010. This rule will be enforced
from 11:30 a.m. to 2:30 p.m. and 9 p.m.
to 10 p.m. on July 10, 2010, and from
12:30 p.m. to 1:30 p.m. on July 11, 2010.
List of Subjects in 12 CFR Part 561
Administrative practice and
procedure, Savings associations.
Accordingly, OTS amends chapter V,
title 12, Code of Federal Regulations as
set forth below.
■
PART 561—DEFINITIONS FOR
REGULATIONS AFFECTING ALL
SAVINGS ASSOCIATIONS
1. The authority citation for part 509
continues to read as follows:
■
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[FR Doc. 2010–14243 Filed 6–11–10; 8:45 am]
BILLING CODE 6720–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–0180]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Temporary Change of Dates
for Recurring Marine Events in the
Fifth Coast Guard District
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Rules and Regulations
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0180 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0180 in the ‘‘Keyword’’ box, and
then clicking on ‘‘Search.’’ This material
is also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail LT Tiffany Duffy,
Project Manager, Sector Hampton
Roads, Waterways Management
Division, Coast Guard; telephone 757–
668–5580, e-mail
Tiffany.A.Duffy@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory Information
On April 5, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulation for
Marine Event; Temporary Change of
Dates for Recurring Marine Event in the
Fifth Coast Guard District in the Federal
Register (75 FR 17099). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Background and Purpose
Marine events are frequently held on
the navigable waters within the
boundary of the Fifth Coast Guard
District. The on water activities that
typically comprise marine events
include sailing regattas, power boat
races, swim races and holiday parades.
For a description of the geographical
area of each Coast Guard Sector—
Captain of the Port Zone, please see 33
CFR 3.25.
This regulation temporarily changes
the enforcement period of special local
regulations for a recurring marine event
within the Fifth Coast Guard District.
This regulation applies to one marine
event in 33 CFR 100.501, Table to
§ 100.501.
On July 9, 10, and 11, 2010, the City
of Hampton and The Virginia Air and
Space Museum will sponsor the ‘‘11th
Hampton Blackbeard Festival,’’ a
historic festival on the waters of the
Hampton River near Hampton, Virginia.
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The regulation at 33 CFR 100.501 is
effective annually for this marine event.
The event will consist of three replica
pirate ships conducting a simulated
wartime demonstration on July 10, 2010
from 11:30 a.m. to 2:30 p.m. and July 11,
2010 from 12:30 p.m. to 1:30 p.m. on the
Hampton River in the vicinity of Mill
Point Park, Hampton, Virginia. The
event will also consist of a fireworks
display on July 10, 2010 from 9 p.m. to
10 p.m. over the Hampton River in the
vicinity of Mill Point Park, Hampton,
Virginia. A fleet of spectator vessels is
expected to gather near the event site to
view the simulated wartime
demonstration and fireworks display.
To provide for the safety of participants,
spectators, support and transiting
vessels, the Coast Guard temporarily
restricts vessel traffic in the event area
during the demonstration and fireworks
display. The regulation at 33 CFR
100.501 would be enforced for the
duration of the event. Under provisions
of 33 CFR 100.501, from 11:30 a.m. to
2:30 p.m. and 9 p.m. to 10 p.m. on July
10, 2010, and from 12:30 p.m. to 1:30
p.m. on July 11, 2010, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Hampton River,
near Hampton, Virginia.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule prevents traffic
from transiting a portion of the
Hampton River during specified events,
the effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
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33503
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
regulated area when the Coast Guard
Patrol Commander deems it is safe to do
so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the Hampton River where marine events
are being held. This regulation will not
have a significant impact on a
substantial number of small entities
because it will be enforced only during
marine events that have been permitted
by the Coast Guard Captain of the Port.
The Captain of the Port will ensure that
small entities are able to operate in the
areas where events are occurring when
it is safe to do so. In some cases, vessels
will be able to safely transit around the
regulated area at various times, and,
with the permission of the Patrol
Commander, vessels may transit
through the regulated area. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Rules and Regulations
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
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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
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Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves implementation of regulations
within 33 CFR Part 100 that apply to
organized marine events on the
navigable waters of the United States
that may have potential for negative
impact on the safety or other interest of
waterway users and shore side activities
in the event area. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, and sail board racing.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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, from 11:30 a.m. on
July 10, 2010, to 1:30 p.m. on July 11,
2010, suspend line No. 36 in the Table
to § 100.501.
■
3. In § 100.501, from 11:30 a.m. on
July 10, 2010, to 1:30 p.m. on July 11,
2010, add line No. 61 in Table to
§ 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.
*
*
*
*
*
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Federal Register / Vol. 75, No. 113 / Monday, June 14, 2010 / Rules and Regulations
33505
COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE
No.
Date
61 .......
*
July 9—July 11,
2010.
Event
Sponsor
*
*
City of Hampton and The Virginia Air and Space Center.
*
Blackbeard
Festival.
Dated: May 24, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the
Port, Hampton Roads.
[FR Doc. 2010–13811 Filed 6–9–10; 4:15 pm]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0447]
Drawbridge Operation Regulation;
Teche Bayou, Morbihan, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the LA 44
swing span bridge across Teche Bayou,
mile 56.7, at Morbihan, Iberia Parish,
Louisiana. The deviation is necessary to
jack and shim the bridge and to install
a new roller wedge system. This
deviation allows the bridge to remain
closed to navigation for three
consecutive weeks.
DATES: This deviation is effective from
6:30 a.m. on Monday, June 21 through
6:30 a.m. on Tuesday, August 3, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
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Location
*
*
*
The waters of Sunset Creek and Hampton River shore to shore
bounded to the north by the C & O Railroad Bridge and to
the south by a line drawn from Hampton River Channel Light
16 (LL 5715), located at latitude 37°01′03.0″ N, longitude
76°20′26.0″ W, to the finger pier across the river at Fisherman’s Wharf, located at latitude 37°01′01.5″ N, longitude
76°20′32.0″ W.
Spectator Vessel Anchorage Areas—Area A: Located in the
upper reaches of the Hampton River, bounded to the south
by a line drawn from the western shore at latitude
37°01′48.0″ N, longitude 76°20′22.0″ W, across the river to
the eastern shore at latitude 37°01′44.0″ N, longitude
76°20′13.0″ W, and to the north by the C & O Railroad
Bridge. The anchorage area will be marked by orange buoys.
Area B: Located on the eastern side of the channel, in the
Hampton River, south of the Queen Street Bridge, near the
Riverside Health Center. Bounded by the shoreline and a line
drawn between the following points: Latitude 37°01′26.0″ N,
longitude 76°20′24.0″ W, latitude 37°01′22.0″ N, longitude
76°20′26.0″ W, and latitude 37°01′22.0″ N, longitude
76°20′23.0″ W. The anchorage area will be marked by orange buoys.
0447 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0447 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 rule, call or
e-mail Kay Wade, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
Kay.B.Wade@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Louisiana Department of Transportation
and Development has requested a
temporary deviation from the operating
schedule of the swing span bridge
across Teche Bayou at mile 56.7 in
Morbihan, Iberia Parish, Louisiana. The
closure is necessary in order to
rehabilitate machinery parts on the
bridge. The work will require the bridge
to be jacked up and taken out of service.
This maintenance is essential for the
continued operation of the bridge.
In accordance with 33 CFR
117.501(a)(18), the swing span of the
bridge shall open on signal if at least 4
hours notice is given. This deviation
allows the swing span of the bridge to
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remain closed to navigation for three
consecutive weeks between 6:30 a.m.
Monday, June 21 and 6:30 a.m. Tuesday,
August 3, 2010. Uncontrollable
variables such as material supply delays
and inclement weather make it difficult
to predict the exact dates that work can
be conducted. Thus, the exact dates for
the closure cannot be firmly scheduled.
Notices will be published in the Eighth
Coast Guard District Local Notice to
Mariners and will be broadcast via the
Coast Guard Broadcast Notice to
Mariners System as soon as information
pertaining to the exact closure dates
becomes available. The Coast Guard will
coordinate the closure with the
commercial users of the waterway as
exact closure dates are known.
The vertical clearance of the swing
span bridge in the closed-to-navigation
position is 6.12 feet above Mean high
Water Elevation 5.7 feet Mean Sea
Level. Navigation on the waterway
consists of tugs with tows, ship
fabricator’s commissioned vessels, crew
boats and oil field support/service
vessels. The bridge opens for the
passage of navigation an average of 26
times per month. There are no alternate
waterway routes available. Due to prior
experience and coordination with
waterway users, it has been determined
that this closure will not have a
significant effect on these vessels.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
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]]>Agencies
[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Rules and Regulations]
[Pages 33502-33505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13811]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0180]
RIN 1625-AA08
Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard temporarily changes the enforcement period of
special local regulations for a recurring marine event in the Fifth
Coast Guard District. These regulations apply to only one recurring
marine event that establishes two spectator vessel anchorage areas and
restricts vessel traffic. Special local regulations are necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in portions of the
Hampton River, Hampton, VA, and Sunset Creek, Hampton, VA during the
event.
DATES: This rule is effective from 11:30 a.m. on July 10, 2010, to 1:30
p.m. on July 11, 2010. This rule will be enforced from 11:30 a.m. to
2:30 p.m. and 9 p.m. to 10 p.m. on July 10, 2010, and from 12:30 p.m.
to 1:30 p.m. on July 11, 2010.
[[Page 33503]]
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0180 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0180 in the ``Keyword''
box, and then clicking on ``Search.'' This material is also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Tiffany Duffy, Project Manager,
Sector Hampton Roads, Waterways Management Division, Coast Guard;
telephone 757-668-5580, e-mail Tiffany.A.Duffy@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 5, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation for Marine Event; Temporary
Change of Dates for Recurring Marine Event in the Fifth Coast Guard
District in the Federal Register (75 FR 17099). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.
Background and Purpose
Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on water activities
that typically comprise marine events include sailing regattas, power
boat races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
This regulation temporarily changes the enforcement period of
special local regulations for a recurring marine event within the Fifth
Coast Guard District. This regulation applies to one marine event in 33
CFR 100.501, Table to Sec. 100.501.
On July 9, 10, and 11, 2010, the City of Hampton and The Virginia
Air and Space Museum will sponsor the ``11th Hampton Blackbeard
Festival,'' a historic festival on the waters of the Hampton River near
Hampton, Virginia. The regulation at 33 CFR 100.501 is effective
annually for this marine event. The event will consist of three replica
pirate ships conducting a simulated wartime demonstration on July 10,
2010 from 11:30 a.m. to 2:30 p.m. and July 11, 2010 from 12:30 p.m. to
1:30 p.m. on the Hampton River in the vicinity of Mill Point Park,
Hampton, Virginia. The event will also consist of a fireworks display
on July 10, 2010 from 9 p.m. to 10 p.m. over the Hampton River in the
vicinity of Mill Point Park, Hampton, Virginia. A fleet of spectator
vessels is expected to gather near the event site to view the simulated
wartime demonstration and fireworks display. To provide for the safety
of participants, spectators, support and transiting vessels, the Coast
Guard temporarily restricts vessel traffic in the event area during the
demonstration and fireworks display. The regulation at 33 CFR 100.501
would be enforced for the duration of the event. Under provisions of 33
CFR 100.501, from 11:30 a.m. to 2:30 p.m. and 9 p.m. to 10 p.m. on July
10, 2010, and from 12:30 p.m. to 1:30 p.m. on July 11, 2010, vessels
may not enter the regulated area unless they receive permission from
the Coast Guard Patrol Commander.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Hampton River, near Hampton,
Virginia.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule prevents traffic from transiting a portion of
the Hampton River during specified events, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec. 100.501. In some cases
vessel traffic may be able to transit the regulated area when the Coast
Guard Patrol Commander deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in the Hampton River where marine events are being
held. This regulation will not have a significant impact on a
substantial number of small entities because it will be enforced only
during marine events that have been permitted by the Coast Guard
Captain of the Port. The Captain of the Port will ensure that small
entities are able to operate in the areas where events are occurring
when it is safe to do so. In some cases, vessels will be able to safely
transit around the regulated area at various times, and, with the
permission of the Patrol Commander, vessels may transit through the
regulated area. Before the enforcement period, the Coast Guard will
issue maritime advisories so mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture
[[Page 33504]]
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In Sec. 100.501, from 11:30 a.m. on July 10, 2010, to 1:30 p.m. on
July 11, 2010, suspend line No. 36 in the Table to Sec. 100.501.
0
3. In Sec. 100.501, from 11:30 a.m. on July 10, 2010, to 1:30 p.m. on
July 11, 2010, add line No. 61 in Table to Sec. 100.501 to read as
follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
Table To Sec. 100.501.--All coordinates listed in the Table to
Sec. 100.501 reference Datum NAD 1983.
* * * * *
[[Page 33505]]
Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
61............. July 9--July 11, 2010 Blackbeard Festival.. City of Hampton and The waters of Sunset Creek
The Virginia Air and and Hampton River shore
Space Center. to shore bounded to the
north by the C & O
Railroad Bridge and to
the south by a line drawn
from Hampton River
Channel Light 16 (LL
5715), located at
latitude 37[deg]01'03.0''
N, longitude
76[deg]20'26.0'' W, to
the finger pier across
the river at Fisherman's
Wharf, located at
latitude 37[deg]01'01.5''
N, longitude
76[deg]20'32.0'' W.
Spectator Vessel Anchorage
Areas--Area A: Located in
the upper reaches of the
Hampton River, bounded to
the south by a line drawn
from the western shore at
latitude 37[deg]01'48.0''
N, longitude
76[deg]20'22.0'' W,
across the river to the
eastern shore at latitude
37[deg]01'44.0'' N,
longitude
76[deg]20'13.0'' W, and
to the north by the C & O
Railroad Bridge. The
anchorage area will be
marked by orange buoys.
Area B: Located on the
eastern side of the
channel, in the Hampton
River, south of the Queen
Street Bridge, near the
Riverside Health Center.
Bounded by the shoreline
and a line drawn between
the following points:
Latitude 37[deg]01'26.0''
N, longitude
76[deg]20'24.0'' W,
latitude 37[deg]01'22.0''
N, longitude
76[deg]20'26.0'' W, and
latitude 37[deg]01'22.0''
N, longitude
76[deg]20'23.0'' W. The
anchorage area will be
marked by orange buoys.
----------------------------------------------------------------------------------------------------------------
Dated: May 24, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the Port, Hampton Roads.
[FR Doc. 2010-13811 Filed 6-9-10; 4:15 pm]
BILLING CODE 4910-15-P
