Special Local Regulation; Elizabeth River, Norfolk Harbor, Norfolk, VA, 50224-50227 [2024-12845]
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations
administrative law judges and clerical
staff to other offices. It is doing so for
several reasons. First, the office’s
longtime head, Associate Chief Judge
Kenneth Chu, retired at the end of May
2024. Second, the New York office
currently has the smallest number of
judges (four) and cases. Third, following
the pandemic, the NLRB’s
administrative law judges have
significantly expanded their telework,
and this is particularly true among the
judges assigned to the New York office.
Fourth, closing the New York DOJ office
will save the NLRB the cost of renting
that facility and allow the NLRB to
redirect those funds to other mission
critical needs.
The remaining New York
administrative law judges, and an
eventual successor to Associate Chief
Judge Chu, will be reassigned to the
Washington, DC DOJ office. They will
continue to telework and perform their
duties as before, but will receive their
case assignments from the Chief
Administrative Law Judge or the Deputy
Chief Judge until a new Associate Chief
Judge is selected, and be assisted by the
administrative professionals in the DC
office.
Accordingly, consistent with the
foregoing, the NLRB is revising
§ 102.24(a) of its rules and regulations to
delete the references to the New York
DOJ office and reflect the current
structure of the Agency’s field
organization. Furthermore, consistent
with former procedural revisions of its
rules and regulations, the NLRB is
eliminating redundant invocations of
specific place names in § 102.24(a).
This action is not subject to the
advance notice and comment provisions
of the Administrative Procedure Act (5
U.S.C. 553), or the requirements of
Executive Order 12866, the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), or
the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
801). As indicated above, the action
relates solely to agency organization,
management, or personnel matters. It
will have no adverse impact on the
ability of the NLRB Division of Judges
to cover the trial docket in the
northeastern region of the country or
elsewhere. Nor will it impose any
additional paperwork, reporting, or
other costs, burdens, or responsibilities
on parties, practitioners, or others who
participate in hearings before the
NLRB’s administrative law judges.
List of Subjects in 29 CFR Part 102
Administrative practice and
procedure, Labor management relations.
For the reasons stated in the
preamble, the National Labor Relations
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Board amends 29 CFR part 102 as
follows:
PART 102—RULES AND
REGULATIONS, SERIES 8
Dated: June 10, 2024.
For the Board:
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2024–13004 Filed 6–12–24; 8:45 am]
1. The authority citation for part 102
continues to read as follows:
■
Authority: 29 U.S.C. 151, 156. Section
102.117 also issued under 5 U.S.C.
552(a)(4)(A), and § 102.119 also issued under
5 U.S.C. 552a(j) and (k). Sections 102.143
through 102.155 also issued under 5 U.S.C.
504(c)(1).
BILLING CODE 7545–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
2. Amend § 102.24 by revising
paragraph (a) to read as follows:
33 CFR Part 100
§ 102.24 Motions; where to file; contents;
service on other parties; promptness in
filing and response; default judgement
procedures; summary judgement
procedures.
RIN 1625–AA08
■
(a) All motions under §§ 102.22 and
102.29 made prior to the hearing must
be filed in writing with the Regional
Director issuing the complaint. All
motions for default judgment, summary
judgment, or dismissal made prior to the
hearing must be filed in writing with the
Board pursuant to the provisions of
§ 102.50. All other motions made prior
to the hearing, including motions to
reschedule the hearing under
circumstances other than those set forth
in § 102.16(a), must be filed in writing
with the Chief Administrative Law
Judge, the Deputy Chief Administrative
Law Judge, or an Associate Chief
Administrative Law Judge, as the case
may be. All motions made at the hearing
must be made in writing to the
Administrative Law Judge or stated
orally on the record. All motions filed
subsequent to the hearing, but before the
transfer of the case to the Board
pursuant to § 102.45, must be filed with
the Administrative Law Judge, care of
the Chief Administrative Law Judge, the
Deputy Chief Administrative Law Judge,
or an Associate Chief Administrative
Law Judge, as the case may be. Motions
must briefly state the order or relief
applied for and the grounds therefor. All
motions filed with a Regional Director
or an Administrative Law Judge as set
forth in this paragraph (a) must be filed
together with an affidavit of service on
the parties. All motions filed with the
Board, including motions for default
judgment, summary judgment, or
dismissal, must be filed with the
Executive Secretary of the Board in
Washington, DC, together with an
affidavit of service on the parties.
Unless otherwise provided in this part,
motions, oppositions, and replies must
be filed promptly and within such time
as not to delay the proceeding.
*
*
*
*
*
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[Docket Number USCG–2024–0506]
Special Local Regulation; Elizabeth
River, Norfolk Harbor, Norfolk, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary regulation for
waters of the Elizabeth River, in
Norfolk, Virginia to protect personnel,
vessels, and the marine environment
from potential hazards created by a boat
parade that is scheduled for the
afternoon of June 15, 2024. Parade
participants operating within the
regulated area must comply with all
instructions given by the on-scene
Patrol Commander (PATCOM). Vessels
or persons entering the regulated area
during the enforcement period are
subject to the direction and control of
the on-scene PATCOM as designated
and specifically authorized by the
Captain of the Port, Sector Virginia.
DATES: This rule is effective on June 15,
2024, from noon to 6 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0506 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email LCDR Ashley Holm, Sector
Virginia Waterways Management
Division, U.S. Coast Guard; telephone
757–668–5581, email Ashley.E.Holm@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
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§ Section
SLR Special Local Regulation
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
because it would be impracticable to
publish an NPRM, consider comments,
and publish a final rule before this rule
needs to be in place to serve its purpose.
The Coast Guard only recently learned
that the number of participants in this
event will be significantly larger than
originally anticipated, and that an
existing rule to address this event will
be inadequate to regulate vessel traffic.
The marine event sponsor of a boat
parade is expecting to draw a high
concentration of vessels to the Norfolk
Harbor area along the proposed parade
route. Traditionally, the Norfolk Harbor
area serves as a major thoroughfare for
commercial traffic, naval operations,
ferry routes, and several other
recreational uses through the connecting
waters of the James River, Elizabeth
River, and Lower Chesapeake Bay. The
Coast Guard is establishing a Special
Local Regulation (SLR) to monitor the
parade before, during, and after the
event to minimize impacts on this
congested waterway. We must
promulgate this rule by June 15, 2024,
to ensure the safety of individuals,
property, and the marine environment.
Also, 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 of
this rule would be impracticable
because prompt action is needed to
respond to the potentially significant
increase in vessel traffic not local to the
area and to the risks associated with
large congregations of vessels navigating
unfamiliar waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041.
Captains of the Port are authorized by
33 CFR 100.35 to issue SLRs. The
Captain of the Port (COTP), Sector
Virginia has determined that potential
hazards associated with the proposed
parade starting June 15, 2024, will be a
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safety concern for anyone within the
vicinity of the parade route. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the SLR during
the enforcement period of this rule.
IV. Discussion of the Rule
This rule establishes an SLR from
noon until 6 p.m. on June 15, 2024. The
SLR will cover all navigable waters
within the Elizabeth River from
shoreline to shoreline beginning in the
vicinity of the Craney Island Flats
proceeding south through the Norfolk
Harbor Reaches and ending at the
Waterside District in Norfolk, Virginia,
to promote safety along the ‘‘MidAtlantic Trump Boat Parade’’ route. The
southern boundaries of the SLR are
bound by the following fixed structures;
all waters north of the I–264 Norfolk/
Portsmouth (Downtown Tunnel), east of
the West Norfolk Bridge and west of the
Berkley Bridge. This SLR will also
temporarily establishes the southern
area of Anchorage N (Hospital Point) as
a First Amendment area, where people
may lawfully assemble and convey their
message in a safe manner to their
intended audience, to be used at the
discretion of the Coast Guard Patrol
Commander (PATCOM) as a spectator
area. All waters from surface to bottom
within the southern area of Anchorage
N (Hospital Point), as specified in 33
CFR 110.168 and bound by a northern
boundary line drawn easterly from
Hospital Point.
The duration of the SLR has been
tailored to protect personnel, vessels,
and the marine environment in these
navigable waters when the parade is
scheduled to occur, while minimizing
the burden on routine vessel traffic.
Vessels or persons entering the SLR
during the enforcement period are
subject to the direction and control of
the on-scene PATCOM, as designated
and specifically authorized by the
Captain of the Port, Virginia.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
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‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on two considerations. The
special local regulation will be enforced
for only six hours on one day. Also,
persons and vessels may still enter,
transit through, anchor in, or remain
within the regulated area or anchor in
the spectator area, during the
enforcement period if authorized by the
COTP Virginia or a designated
representative, who will be onsite to
direct the movement of vessels such that
unsafe conditions are avoided but will
otherwise not interfere with commercial
vessels or normal traffic in the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations
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.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
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E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
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significant effect on the human
environment. This rule involves an SLR
lasting only 6 hours that will monitor
entry to the SLR for the duration of the
enforcement period to cover before,
during and after the parade has
concluded. It is categorically excluded
from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Memorandum For Record
supporting this determination is
available. For instructions on locating
the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels. All nonparticipant vessels or persons engaged
in protest activity will be directed to the
southern part of Anchorage N (Hospital
Point) if they wish to remain in the
regulated area.
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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100. T599–0506 to read as
follows:
■
§ 100. T599–0506 Special Local
Regulation; Elizabeth River, Norfolk Harbor,
Norfolk, VA.
(a) Regulated area. The regulations in
this section apply to the following areas
(coordinates are based on Datum NAD
1983):
(1) All navigable waters of Hampton
Roads Harbor, from surface to bottom,
encompassed by a line connecting the
following northern boundary points
beginning from a position on the north
coast of the Craney Island Disposal Area
at 36°55.49′ N, 076°22.40′ W; leading
north to position 36°56.64′ N, 076°22.40′
W; then east to the coast of Norfolk at
36°56.64′ N, 076°19.73′ W following all
waters of the Elizabeth River from
shoreline to shoreline; Craney Island
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Flats, Craney Island Reach, Lamberts
Bend to Town Point Reach from surface
to bottom, encompassed by the
following southern boundary points; all
waters west of the Berkely Bridge, north
of the I–264 Norfolk/Portsmouth
(Downtown Tunnel) and east of the
West Norfolk Bridge. Any waters that
are covered by a Department of Defense
Restricted Area or Danger Zone are
excluded from this regulated area.
(2) All navigable waters from surface
to bottom within the southern area of
Anchorage N (Hospital Point), as
specified in 33 CFR 110.168, and bound
by a northern boundary line drawn
easterly from Hospital Point.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local law enforcement officer designated
by or assisting the Captain of the Port
Sector Virginia (COTP) in the
enforcement of the regulations in this
section.
Participant means all persons and
vessels directly engaged in the parade
present within the established SLR
during the enforcement period of the
parade.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or getting underway within the
regulated area described in paragraph
(a)(1) of this section unless authorized
by the Captain of the Port, Sector
Virginia, or their designated
representative.
(2) To seek permission to enter,
contact the COTP by calling the Sector
Virginia Command Center at 757–638–
6635 or contact the COTP’s designated
representative on Marine band Radio,
VHF–FM channel 16 (156.8 MHz).
Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) All non-participants, including
those engaged in protest activity, may be
directed by a designated representative
to enforcement area described in section
(a)(2) of this section, where they must
remain during the effective period
unless otherwise authorized or directed.
(4) The COTP will provide notice of
the regulated area via broadcast notice
to mariners and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from noon to 6 p.m. on
Saturday, June 15, 2024.
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Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules and Regulations
Dated: June 7, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Virginia.
[FR Doc. 2024–12845 Filed 6–12–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0057; FRL–11847–
02–R4]
Air Plan Approval; North Carolina;
Revision to Approved Motor Vehicle
Emissions Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the North Carolina State
Implementation Plan (SIP), submitted
by the North Carolina Department of
Environmental Quality (NCDEQ),
Division of Air Quality, on December
19, 2022. The revision updates the 2026
on-road and nonroad emissions
inventories and safety margins and
allocates a portion of the newly
available 2026 safety margins in the
2008 8-hour Ozone Maintenance Plan to
the 2026 nitrogen oxides (NOX) and
volatile organic compounds (VOC)
motor vehicle emissions budgets
(‘‘budgets’’) for the North Carolina
portion of the Charlotte-Rock Hill, NC–
SC bi-state Area (hereinafter referred to
as the ‘‘North Carolina portion of the
Charlotte Maintenance Area’’) to
accommodate updates from the EPA
Motor Vehicle Emissions Simulator
(MOVES3) model. The SIP revision also
revises the current 2026 budgets based
on the MOVES3 updates and
recalculates new available safety
margins. NCDEQ’s December 19, 2022,
submission supplements the revised
2008 8-hour Ozone Maintenance Plan
submitted by NCDEQ on July 16, 2020,
and approved by EPA on August 25,
2021. EPA is approving North Carolina’s
December 19, 2022, SIP revision
pursuant to section 110(a)(1) of the
Clean Air Act (CAA) and deeming the
budgets adequate for transportation
conformity purposes because they meet
the applicable statutory and regulatory
requirements.
DATES: This rule is effective July 15,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
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SUMMARY:
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2023–0057. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Dianna Myers, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9207. Ms. Dianna Myers can
also be reached via electronic mail at
Myers.Dianna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. This Action
EPA is approving NCDEQ’s December
19, 2022, SIP revision which updates
the 2026 on-road and nonroad
emissions inventories with the latest (at
the time of NCDEQ’s submission)
approved EPA mobile emissions model,
MOVES3, allocates a portion of the
newly available safety margin, revises
the 2026 NOX and VOC budgets, and
recalculates the available safety margins
for the North Carolina portion of
Charlotte 2008 8-hour Ozone
Maintenance Area 1 for transportation
conformity purposes.
The revised 2026 NOX and VOC
budgets from NCDEQ’s December 19,
2022, SIP revision will replace the
existing budgets in the State’s 2008 8hour Ozone Maintenance Plan approved
on August 25, 2021. See 86 FR 47387.
When today’s action is effective, the
1 The North Carolina portion of the Charlotte
Maintenance Area for the 2008 8-hour ozone
national ambient air quality standards (NAAQS or
standards) is comprised of the following counties:
Mecklenburg County in its entirety and portions of
Cabarrus, Gaston, Iredell, Lincoln, Rowan, and
Union Counties.
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newly revised 2026 budgets must be
used in future transportation conformity
analyses for the Area according to the
Transportation Conformity Rule. See 40
CFR 93.118. Therefore, the August 25,
2021, approved budgets will no longer
be applicable for transportation
conformity purposes.
This action revises the 2026 on-road
and nonroad emissions inventories and
the NOX and VOC safety margins using
MOVES3. The revision also allocates a
portion of the revised available safety
margins to the 2026 NOX and VOC
budgets and recalculates new available
safety margins. The emissions
inventories for point and area sources
from NCDEQ’s July 16, 2020, SIP
revision remain the same. EPA is
approving North Carolina’s December
19, 2022, SIP revision because it
continues to demonstrate maintenance
for the Charlotte Maintenance Area.
II. Background
Effective July 20, 2012, EPA
designated the Charlotte-Rock Hill, NC–
SC Area as Marginal nonattainment for
the 2008 8-hour ozone national ambient
air quality standard (hereinafter referred
to as NAAQS or standard). The North
Carolina portion of the Charlotte 2008
Maintenance Area includes
Mecklenburg in its entirety and portions
of Cabarrus, Gaston, Iredell, Lincoln,
Rowan, and Union Counties. The
Charlotte Maintenance Area also
includes a portion of York County
located in Rock Hill, South Carolina.
See 77 FR 30088 (May 21, 2012). The
North Carolina portion of the Charlotte
Maintenance Area is comprised of three
metropolitan planning organizations
(MPOs): the Charlotte Regional
Transportation Planning Organization
(CRTPO) which covers Iredell,
Mecklenburg, and Union Counties; the
Cabarrus-Rowan Metropolitan Planning
Organization (CRMPO) which covers
Cabarrus and Rowan Counties; and the
Gaston-Cleveland-Lincoln Metropolitan
Planning Organization (GCLMPO)
which covers Gaston, Cleveland, and
Lincoln Counties. Although Cleveland
County is included in the GCLMPO
planning boundary, it was not included
in the North Carolina portion of the
Charlotte Maintenance Area. Each MPO
has its own budget referred to as a ‘‘subarea budget.’’ The York County, South
Carolina, portion of this maintenance
area has a separate MPO and budgets.
The South Carolina portion of the
maintenance area implements
transportation conformity independent
of the North Carolina portion.
E:\FR\FM\13JNR1.SGM
13JNR1
]]>Agencies
[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50224-50227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12845]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0506]
RIN 1625-AA08
Special Local Regulation; Elizabeth River, Norfolk Harbor,
Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulation for
waters of the Elizabeth River, in Norfolk, Virginia to protect
personnel, vessels, and the marine environment from potential hazards
created by a boat parade that is scheduled for the afternoon of June
15, 2024. Parade participants operating within the regulated area must
comply with all instructions given by the on-scene Patrol Commander
(PATCOM). Vessels or persons entering the regulated area during the
enforcement period are subject to the direction and control of the on-
scene PATCOM as designated and specifically authorized by the Captain
of the Port, Sector Virginia.
DATES: This rule is effective on June 15, 2024, from noon to 6 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0506 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Ashley Holm, Sector Virginia Waterways Management
Division, U.S. Coast Guard; telephone 757-668-5581, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
[[Page 50225]]
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) because it would be impracticable to publish an NPRM,
consider comments, and publish a final rule before this rule needs to
be in place to serve its purpose. The Coast Guard only recently learned
that the number of participants in this event will be significantly
larger than originally anticipated, and that an existing rule to
address this event will be inadequate to regulate vessel traffic.
The marine event sponsor of a boat parade is expecting to draw a
high concentration of vessels to the Norfolk Harbor area along the
proposed parade route. Traditionally, the Norfolk Harbor area serves as
a major thoroughfare for commercial traffic, naval operations, ferry
routes, and several other recreational uses through the connecting
waters of the James River, Elizabeth River, and Lower Chesapeake Bay.
The Coast Guard is establishing a Special Local Regulation (SLR) to
monitor the parade before, during, and after the event to minimize
impacts on this congested waterway. We must promulgate this rule by
June 15, 2024, to ensure the safety of individuals, property, and the
marine environment.
Also, 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 of
this rule would be impracticable because prompt action is needed to
respond to the potentially significant increase in vessel traffic not
local to the area and to the risks associated with large congregations
of vessels navigating unfamiliar waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. Captains of the Port are authorized by 33 CFR 100.35 to issue
SLRs. The Captain of the Port (COTP), Sector Virginia has determined
that potential hazards associated with the proposed parade starting
June 15, 2024, will be a safety concern for anyone within the vicinity
of the parade route. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the SLR
during the enforcement period of this rule.
IV. Discussion of the Rule
This rule establishes an SLR from noon until 6 p.m. on June 15,
2024. The SLR will cover all navigable waters within the Elizabeth
River from shoreline to shoreline beginning in the vicinity of the
Craney Island Flats proceeding south through the Norfolk Harbor Reaches
and ending at the Waterside District in Norfolk, Virginia, to promote
safety along the ``Mid-Atlantic Trump Boat Parade'' route. The southern
boundaries of the SLR are bound by the following fixed structures; all
waters north of the I-264 Norfolk/Portsmouth (Downtown Tunnel), east of
the West Norfolk Bridge and west of the Berkley Bridge. This SLR will
also temporarily establishes the southern area of Anchorage N (Hospital
Point) as a First Amendment area, where people may lawfully assemble
and convey their message in a safe manner to their intended audience,
to be used at the discretion of the Coast Guard Patrol Commander
(PATCOM) as a spectator area. All waters from surface to bottom within
the southern area of Anchorage N (Hospital Point), as specified in 33
CFR 110.168 and bound by a northern boundary line drawn easterly from
Hospital Point.
The duration of the SLR has been tailored to protect personnel,
vessels, and the marine environment in these navigable waters when the
parade is scheduled to occur, while minimizing the burden on routine
vessel traffic. Vessels or persons entering the SLR during the
enforcement period are subject to the direction and control of the on-
scene PATCOM, as designated and specifically authorized by the Captain
of the Port, Virginia.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on two
considerations. The special local regulation will be enforced for only
six hours on one day. Also, persons and vessels may still enter,
transit through, anchor in, or remain within the regulated area or
anchor in the spectator area, during the enforcement period if
authorized by the COTP Virginia or a designated representative, who
will be onsite to direct the movement of vessels such that unsafe
conditions are avoided but will otherwise not interfere with commercial
vessels or normal traffic in the area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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
[[Page 50226]]
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that 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 involves an SLR
lasting only 6 hours that will monitor entry to the SLR for the
duration of the enforcement period to cover before, during and after
the parade has concluded. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Memorandum For Record supporting this
determination is available. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels. All non-participant vessels or
persons engaged in protest activity will be directed to the southern
part of Anchorage N (Hospital Point) if they wish to remain in the
regulated area.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100. T599-0506 to read as follows:
Sec. 100. T599-0506 Special Local Regulation; Elizabeth River,
Norfolk Harbor, Norfolk, VA.
(a) Regulated area. The regulations in this section apply to the
following areas (coordinates are based on Datum NAD 1983):
(1) All navigable waters of Hampton Roads Harbor, from surface to
bottom, encompassed by a line connecting the following northern
boundary points beginning from a position on the north coast of the
Craney Island Disposal Area at 36[deg]55.49' N, 076[deg]22.40' W;
leading north to position 36[deg]56.64' N, 076[deg]22.40' W; then east
to the coast of Norfolk at 36[deg]56.64' N, 076[deg]19.73' W following
all waters of the Elizabeth River from shoreline to shoreline; Craney
Island Flats, Craney Island Reach, Lamberts Bend to Town Point Reach
from surface to bottom, encompassed by the following southern boundary
points; all waters west of the Berkely Bridge, north of the I-264
Norfolk/Portsmouth (Downtown Tunnel) and east of the West Norfolk
Bridge. Any waters that are covered by a Department of Defense
Restricted Area or Danger Zone are excluded from this regulated area.
(2) All navigable waters from surface to bottom within the southern
area of Anchorage N (Hospital Point), as specified in 33 CFR 110.168,
and bound by a northern boundary line drawn easterly from Hospital
Point.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local law
enforcement officer designated by or assisting the Captain of the Port
Sector Virginia (COTP) in the enforcement of the regulations in this
section.
Participant means all persons and vessels directly engaged in the
parade present within the established SLR during the enforcement period
of the parade.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or getting underway within
the regulated area described in paragraph (a)(1) of this section unless
authorized by the Captain of the Port, Sector Virginia, or their
designated representative.
(2) To seek permission to enter, contact the COTP by calling the
Sector Virginia Command Center at 757-638-6635 or contact the COTP's
designated representative on Marine band Radio, VHF-FM channel 16
(156.8 MHz). Those in the regulated area must comply with all lawful
orders or directions given to them by the COTP or the designated
representative.
(3) All non-participants, including those engaged in protest
activity, may be directed by a designated representative to enforcement
area described in section (a)(2) of this section, where they must
remain during the effective period unless otherwise authorized or
directed.
(4) The COTP will provide notice of the regulated area via
broadcast notice to mariners and by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from noon to
6 p.m. on Saturday, June 15, 2024.
[[Page 50227]]
Dated: June 7, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-12845 Filed 6-12-24; 8:45 am]
BILLING CODE 9110-04-P
