Temporary Change of Dates for Recurring Marine Event in the Fifth Coast Guard District; Elizabeth River, Norfolk, VA, 30827-30830 [2011-13180]
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g.) of the Instruction. This rule
involves tug boat racing by various
classes of tugboats in Budd Inlet, WA.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
the Federal Register. Additional
information may be available through
Broadcast Notice to Mariners and Local
Notice to Mariners.
Dated: May 11, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander,
Thirteenth Coast Guard District.
[FR Doc. 2011–13172 Filed 5–26–11; 8:45 am]
BILLING CODE 9110–04–P
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:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
[Docket No. USCG–2011–0392]
1. The authority citation for part 100
continues to read as follows:
Temporary Change of Dates for
Recurring Marine Event in the Fifth
Coast Guard District; Elizabeth River,
Norfolk, VA
RIN 1625–AA08
■
Authority: 33 U.S.C. 1233.
■
2. Add § 100.1309 to read as follows:
jdjones on DSK8KYBLC1PROD with RULES
ACTION:
(a) Regulated area. The following area
is specified as a race area: All waters of
Budd Inlet, WA the width of the
navigation channel south of a line
connecting the following points:
47°05.530′ N, 122°55.844′ W and
47°05.528′ N, 122°55.680′ W until
reaching the northernmost end of the
navigation channel at a line connecting
the following points: 47°05.108′ N,
122°55.799′ W and 47°05.131′ N,
122°55.659′ W then southeasterly until
reaching the southernmost entrance of
the navigation channel at a line
connecting the following points:
47°03.946′ N, 122°54.577′ W, 47°04.004′
N, 122°54.471′ W.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
100, the regulated area shall be closed
immediately prior to, during and
immediately after the event to all
persons and vessels not participating in
the event and authorized by the event
sponsor.
(c) Authorization. All persons or
vessels who desire to enter the
designated race area created in this
section while it is enforced must obtain
permission from the on-scene patrol
craft on VHF Ch 13.
(d) Notice of enforcement dates. This
Special Local Regulation will only be
enforced during times announced by the
Captain of the Port. The Captain of the
Port will provide notice of the
enforcement of this special local
regulation by Notice of Enforcement in
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
§ 100.1309 Special Local Regulation;
Olympia Harbor Days Tug Boat Races,
Budd Inlet, WA.
The Coast Guard will
temporarily change the enforcement
period of special local regulations for
recurring marine events in the Fifth
Coast Guard District. This regulation
apply to only one recurring marine
event that conducts various river boat
races and a parade during the ‘‘35th
Annual Norfolk Harborfest Celebration.’’
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
10, 2011 until June 12, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0392 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0392 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 MST1 Danica Jolly,
Waterways Management Division,
Sector Hampton Roads, Coast Guard;
SUMMARY:
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30827
telephone 757–668–5580, e-mail
Danica.A.Jolly@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
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 35th
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 35th
Annual Norfolk Harborfest Celebration.
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 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 found in 33 CFR 100.501, Line 37
of Table to § 100.501. The current
enforcement period is June 1, 2, and 3.
On June 10, 11, and 12, 2011, Norfolk
Festevents Ltd. will sponsor the ‘‘35th
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
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
Southern Branch of the Elizabeth River
in the vicinity of Town Point Beach,
Norfolk, Virginia. A fleet of spectator
vessels is expected to gather near the
event site to view the competitions. 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 will be enforced for the
duration of the event. Under provisions
of 33 CFR 100.501, on June 10, 11, and
12, 2011, vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander.
Discussion of Rule
The Coast Guard is temporarily
changing the dates for an established
special local regulation for marine
events 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 35th Annual
Norfolk Harborfest Celebration, and will
be enforced on June 10, 11, and 12,
2011. 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.
jdjones on DSK8KYBLC1PROD 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders. 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
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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
regulated area when the Coast Guard
Patrol Commander deems it is safe to do
so.
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.
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
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 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
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
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
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
30829
impact on the safety or other interest of
waterway users and shore side activities
in the event area. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, and sail board racing. An
environmental analysis checklist and a
categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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.
■
3. In § 100.501, add line No. 58 in
Table to § 100.501; to read as follows:
■
§ 100.501–35T05–0392 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
58 .............
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Number
*
June 10–June 12, 2011
*
*
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. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations
*
*
*
Program, Coast Guard; telephone 757–
398–6629, e-mail
Lindsey.R.Middleton@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:
*
Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2011–13180 Filed 5–26–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–1139]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway (AIWW),
at Wrightsville Beach, NC; Cape Fear
and Northeast Cape Fear River, at
Wilmington, NC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulations that govern the
operations of three North Carolina
Department of Transportation (NCDOT)
bridges: The S.R. 74 Bridge, across the
AIWW, mile 283.1 at Wrightsville
Beach, NC; the Cape Fear Memorial
Bridge across the Cape Fear River, mile
26.8; and the Isabel S. Holmes Bridge
across the Northeast Cape Fear River,
mile 1.0, both at Wilmington, NC. This
change will alter the dates these bridges
are allowed to remain in the closed
position to accommodate the annual
Beach2Battleship Iron and 1⁄2 Iron
Triathlon and the Battleship North
Carolina Half Marathon and 5K.
DATES: This rule is effective June 27,
2011.
SUMMARY:
Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2010–
1139 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1139 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Ms. Lindsey
Middleton, Fifth District Bridge
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ADDRESSES:
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Regulatory Information
On February 15, 2011, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation; Atlantic Intracoastal
Waterway (AIWW), at Wrightsville
Beach, NC; Cape Fear and Northeast
Cape Fear River, at Wilmington, NC in
the Federal Register (76 FR 8663). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Basis and Purpose
The Beach2Battleship Iron and 1⁄2
Iron distance Triathlon competition is
an annual event that is held in the
Wrightsville Beach and Wilmington, NC
area in late October or early November.
The swimming portion of this triathlon
is tide dependent and so it is difficult
to determine the exact date to best hold
the event.
The Battleship North Carolina Half
Marathon & 5K is another annual event
that occurs in the Wrightsville Beach
and Wilmington, NC area on the second
Sunday of every November. Because of
the uncertainty of the tides and
consequently the exact date for the
Beach2Battleship Iron and 1⁄2 Iron
distance Triathlon competition, the
Battleship Race group has agreed to
schedule their race on the opposing
weekend of the Iron Man competition.
As with the Iron Man race, the exact
date of the closure will be published
locally in the Local Notice to Mariners
and the Broadcast Notice to Mariners.
The local community has become
accustomed to these annual events and
the bridge closures that are necessary for
them.
The S.R. 74 Bridge is a double leaf
bascule drawbridge with a vertical
clearance of 20 feet at mean high water
in the closed position. The current
operating schedule for the bridge is set
out in 33 CFR 117.821(a)(4). This rule
change will not affect the current
operation of the bridge but add an
additional closure period.
The regulatory change allows the S.R.
74 (Wrightsville Beach) Bridge to
remain closed to navigation between
7 a.m. and 10:30 a.m. and to remain
closed to navigation between 12 p.m.
and 11:59 p.m. on the last Saturday in
October or the first or second Saturday
in November depending on the tides
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and the date the event will be held. The
exact date of the closure will be
published locally in the Local Notice to
Mariners and Broadcast Notice to
Mariners.
The Cape Fear Memorial Bridge is a
vertical lift drawbridge with a vertical
clearance of 65 feet at mean high water
in the closed position and the Isabel S.
Holmes Bridge is a double leaf bascule
drawbridge with a vertical clearance of
40 feet at mean high water in the closed
position. The current operating
schedules for these bridges are set out
in 33 CFR 117.823 and 33 CFR
117.829(a)(4), respectively. This
regulatory change modifies the existing
annual November closure from just the
second Sunday in November to the first
or second Sunday in November for the
Cape Fear Memorial Bridge and the
Isabel S. Holmes Bridge. The closure
time of 7 a.m. to 11 a.m. for the event
for both bridges remains unaffected in
this rule. The Isabel S. Holmes Bridge
will have an additional regulatory
change modification to include a
closure from 12 p.m. to 11:59 p.m. on
the last Saturday of October or the first
or second Saturday of November of
every year.
The waterway traffic consists mostly
of recreational vessels with some barges
and tugs during the daytime. There are
no alternative routes available to vessels
transiting these waterways. Vessels that
can transit under the bridges without an
opening may do so at any time. The
bridges will be able to open for
emergencies.
Discussion of Comments and Changes
No comments were received on the
proposed rule and no changes were
made to the proposed rule.
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.
The changes are expected to have
minimal impact on mariners due to the
short duration that the drawbridges will
be maintained in the closed position.
Both events have been observed in past
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]]>Agencies
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30827-30830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13180]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0392]
RIN 1625-AA08
Temporary Change of Dates for Recurring Marine Event in the Fifth
Coast Guard District; Elizabeth River, Norfolk, VA
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. This regulation apply to only one recurring
marine event that conducts various river boat races and a parade during
the ``35th Annual Norfolk Harborfest Celebration.'' 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 10, 2011 until June 12, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0392 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0392 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 MST1 Danica Jolly, Waterways Management
Division, Sector Hampton Roads, Coast Guard; telephone 757-668-5580, e-
mail Danica.A.Jolly@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
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 35th 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 35th Annual Norfolk Harborfest
Celebration.
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 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 found
in 33 CFR 100.501, Line 37 of Table to Sec. 100.501. The current
enforcement period is June 1, 2, and 3.
On June 10, 11, and 12, 2011, Norfolk Festevents Ltd. will sponsor
the ``35th 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
[[Page 30828]]
Southern Branch of the Elizabeth River in the vicinity of Town Point
Beach, Norfolk, Virginia. A fleet of spectator vessels is expected to
gather near the event site to view the competitions. 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 will be enforced for the duration of the event. Under
provisions of 33 CFR 100.501, on June 10, 11, and 12, 2011, vessels may
not enter the regulated area unless they receive permission from the
Coast Guard Patrol Commander.
Discussion of Rule
The Coast Guard is temporarily changing the dates for an
established special local regulation for marine events 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 35th Annual Norfolk Harborfest Celebration, and will be
enforced on June 10, 11, and 12, 2011. 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders. 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 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
[[Page 30829]]
health or risk to safety that may disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing. An environmental analysis checklist and
a categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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.
0
3. In Sec. 100.501, add line No. 58 in Table to Sec. 100.501; to read
as follows:
Sec. 100.501-35T05-0392 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
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
58............ June 10-June 12, Norfolk Harborfest. Norfolk Festevents The waters of the Elizabeth River
2011. Ltd. 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 30830]]
* * * * *
Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-13180 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P
