[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Proposed Rules]
[Pages 7969-7970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4359]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-97-007]
RIN 2115-AE46
Special Local Regulations for Marine Events; Norfolk Harbor,
Elizabeth River, Norfolk, Virginia and Portsmouth, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend permanent special local
regulations established for marine events held in the Norfolk Harbor,
Elizabeth River, between Norfolk and Portsmouth, Virginia by
identifying specific annual events for which the regulated area will be
in effect. This action is intended to update the regulation in order to
enhance the safety of life and property during the events.
DATES: Comments must be received on or before April 22, 1997.
ADDRESSES: Comments may be mailed to Commander (Aosr), Fifth Coast
Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004,
or hand delivered to Room 516 at the same address between 7:30 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The telephone
number is (757) 398-6204. Comments will become part of this docket and
will be available for inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Search and Rescue Branch, at (757) 398-
6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, data, or arguments.
Persons submitting comment should include their names and addresses,
identify this rulemaking (CGD 05-97-007) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgement of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes. The Coast Guard will consider all comments received during
the comment period. It may change this proposal in view of the
comments.
[[Page 7970]]
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address listed under ADDRESSES. The
request should include the reasons why a hearing would be beneficial.
If it determines that the opportunity for oral presentations will aid
this rulemaking, the Coast Guard will hold a public hearing at a time
and place announced by a later notice in the Federal Register.
Background and Purpose
33 CFR 100.501 established special local regulations for marine
events held in the Norfolk Harbor, Elizabeth River, between Norfolk and
Portsmouth, Virginia. The effect of these regulations is the control of
vessel traffic during marine events to enhance the safety of
participants, spectators, and transiting vessels. The regulations are
implemented at various times, for various events throughout the year by
publishing notice in the Federal Register and the Fifth Coast Guard
District Local Notice to Mariners. This proposal would update the
regulations to reflect specific events for which the regulations will
be in effect.
Discussion of Proposed Rule
The Coast Guard proposes to amend the special local regulations
previously established for this event area by incorporating a table
which identifies the specific events during which the regulated area
will be in effect. Since this action will not increase the period of
time that the channel is restricted and the Coast Guard patrol
commander may stop any event to assist transit of vessels through the
regulated area, normal marine traffic should not be severely disrupted.
Regulatory Evaluation
This proposal 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. It
has been exempted from review by the Office of Management and Budget
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). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This proposal merely provides additional information to an
existing regulation and does not impose any new restrictions on vessel
traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small Entities'' include independently owned and operated
small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (14 U.S.C. 632). Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b), that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of Information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.b.2.e(34)(h) of Commandant
Instruction M16475.1b (as amended, 61 FR 13564; 27 March 1996), this
proposal is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46.
2. Section 100.501 is amended by revising paragraph (c) and adding
Table 1 to read as follows:
Sec. 100.501 Norfolk Harbor, Elizabeth River, Norfolk, Virginia and
Portsmouth, Virginia.
* * * * *
(c) Effective periods. This section is effective annually for the
duration of each marine event listed in Table 1, or as otherwise
specified in the Coast Guard Local Notice to Mariners and a Federal
Register notice. The Coast Guard Patrol Commander will announce by
Broadcast Notice to Mariners the specific time periods during which the
regulations will be enforced.
Table 1 of Sec. 100.501
Harborfest
Sponsor: Norfolk Harborfest, Inc.
Date: First Friday, Saturday, and Sunday in June
Great American Picnic
Sponsor: Festevents, Inc.
Date: July 4
Cock Island Race
Sponsor: Ports Events, Inc.
Date: Third Saturday in July
Rendezvous at Zero Mile Marker
Sponsor: Ports Events, Inc.
Date: Third Saturday in August
U.S. Navy Fleet Week Celebration
Sponsor: U.S. Navy
Date: Second Friday in October
Holidays in the City
Sponsor: Festevents, Inc.
Date: Fourth Saturday in November
New Years Eve Fireworks Display
Sponsor: Festevents, Inc.
Date: December 31.
Dated: February 5, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-4359 Filed 2-20-97; 8:45 am]
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