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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: January 9, 2002 (Volume 67, Number 6)]
[Proposed Rules]
[Page 1177-1179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja02-25]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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: Comments and related material must reach the Coast Guard on or
before March 11, 2002.
ADDRESSES: You may mail comments and related material to Commander
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Operations Oversight
Branch, Auxiliary and Recreational Boating Safety Section, Fifth Coast
Guard District, maintains the public docket for this rulemaking.
Comments and materials received from the public as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the above address 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-01-
070), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
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 proposes to temporarily restrict the movement
of all vessels operating in the event area during the marine events.
Discussion of Proposed Rule
The Coast Guard proposes to establish a permanent regulated area on
specified waters of the Western Branch of the Elizabeth River. The
proposed special local regulations will restrict general navigation in
the regulated area during the events. Except for persons or vessels
authorized by the Coast Guard Patrol
[[Page 1178]]
Commander, no person or vessel will be allowed to enter or remain in
the regulated area. The proposed regulated area is needed to control
vessel traffic during the marine events to enhance the safety of
participants, spectators and transiting vessels.
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
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
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. 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. If you think that your business, organization
or governmental jurisdiction qualifies as a small entity and that this
proposed rule would have a significant economic impact on it, please
submit a comment (see ADDRESSES) explaining why you think it qualifies
and how and to what degree this proposed rule would economically affect
it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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
[[Page 1179]]
Commandant Instruction M16475.1D, and determined that this proposed
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--MARINE EVENTS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46.
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.217prime;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. local time on the fourth Friday and fourth Saturday in March,
the fourth Friday and fourth Saturday in April, the second Friday and
second Saturday in May, and the second Saturday and second Sunday in
October.
Dated: December 11, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-545 Filed 1-8-02; 8:45 am]
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