![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Special Local Regulations for Marine Events; Western Branch, Elizabeth River, Portsmouth, VA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 11, 2002 (Volume 67, Number 70)]
[Rules and Regulations]
[Page 17621-17622]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap02-7]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD05-01-070]
RIN 2115-AE46
Special Local Regulations for Marine Events; Western Branch,
Elizabeth River, Portsmouth, VA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adopting permanent special local
regulations for marine events held on the waters of the Western Branch
of the Elizabeth River, Portsmouth, Virginia. This action is necessary
to provide for the safety of life on navigable waters during the
events. This action is intended to restrict vessel traffic in portions
of the Western Branch of the Elizabeth River during the events.
DATES: This rule is effective May 13, 2002.
ADDRESSES: Comments and materials received from the public as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-01-070 and are available for inspection or
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004 between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager,
Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 9, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Western
Branch, Elizabeth River, Portsmouth, Virginia, in the Federal Register
(67 FR 1177). We received no letters commenting on the proposed rule.
No public hearing was requested and none was held.
Background and Purpose
The City of Portsmouth, Ports Events, Inc., and other event
organizers sponsor marine events throughout the year on the waters of
the Western Branch of the Elizabeth River. These marine events are held
adjacent to the Portsmouth City Park. A fleet of spectator vessels
traditionally gathers near the event site to view the marine events. To
provide for the safety of event participants, spectators and transiting
vessels, the Coast Guard will temporarily restrict the movement of all
vessels operating in the event area during the marine events.
Discussion of Comments and Changes
No comments were received. Changes were made to the proposed
regulatory text, however, to correctly identify the intended effective
period. We noticed after publication of the NPRM that the effective
dates, as written, may not necessarily fall on consecutive days in
certain months. Since the marine events associated with these special
local regulations are always held on consecutive days, we are changing
the effective dates to reflect consecutive days. These changes do not
extend the period of time that the regulations will be in effect.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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.
It is not significant under the regulatory policies and procedures of
the Department of Transportation (DOT) (44 FR 11040; February 26,
1979).
Although this regulation prevents traffic from transiting a portion
of the Western Branch of the Elizabeth River during the 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
the Local Notice to Mariners, marine information broadcasts, and area
newspapers, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
deemed necessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612.), we
considered whether this proposed 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 will affect the owners or operators of vessels, some of
which may be small entities, intending to transit or anchor in the
effected portions of the Western Branch of the Elizabeth River during
the events.
Although this regulation prevents traffic from transiting a portion
of the Western Branch of the Elizabeth River during the events, the
effect of this regulation will not be significant because of 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 the Local Notice to Mariners, marine information
broadcasts, and area newspapers, 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 offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. No assistance
was requested by any small business, organization, or governmental
jurisdiction.
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).
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 law 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
[[Page 17622]]
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 expenditure, we do discuss the
effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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 concern 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 and 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We prepared an ``Environmental Assessment'' in accordance with
Commandant Instruction M16475.1D, and determined that this rule will
not significantly affect the quality of the human environment. The
``Environmental Assessment'' and ``Finding of No Significant Impact''
is 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 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Sec. 100.525 is added to read as follows:
Sec. 100.525 Western Branch, Elizabeth River, Portsmouth, Virginia.
(a) Definitions:
(1) Coast Guard Patrol Commander. The Coast Guard Patrol Commander
is a commissioned, warrant, or petty officer of the Coast Guard who has
been designated by the Commander, Coast Guard Group Hampton Roads.
(2) Official Patrol. The Official Patrol is any vessel assigned or
approved by Commander, Coast Guard Group Hampton Roads with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
(3) Regulated Area. The regulated area includes all waters of the
Western Branch, Elizabeth River bounded by a line connecting the
following points:
Latitude Longitude
36 deg.50'18" North 076 deg.23'10" West, to
36 deg.50'18" North 076 deg.21'42" West, to
36 deg.50'12" North 076 deg.21'42" West, to
36 deg.50'12" North 076 deg.23'10" West, to
36 deg.50'18" North 076 deg.23'10" West
All coordinates reference Datum NAD 1983.
(b) Special Local Regulations:
(1) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(2) The operator of any vessel in this area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol, including any commissioned, warrant, or petty officer
on board a vessel displaying a Coast Guard ensign; and
(ii) Proceed as directed by any Official Patrol, including any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard ensign.
(c) Effective Dates. This section is effective annually from 6 a.m.
to 6 p.m. on the fourth Friday and following Saturday in March, the
fourth Friday and following Saturday in April, the second Friday and
following Saturday in May, and the second Saturday and following Sunday
in October.
Dated: March 27, 2002.
Thad W. Allen,
Vice Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-8790 Filed 4-10-02; 8:45 am]
BILLING CODE 4910-15-U