[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)] [Rules and Regulations] [Pages 46669-46670] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-23445] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending 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 rule updates the regulation in order to enhance the safety of life and property during the events. EFFECTIVE DATE: This final rule is effective on June 6, 1997. FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, Search and Rescue Branch, at (757) 398-6204. SUPPLEMENTARY INFORMATION: Regulatory History On February 21, 1997, the Coast Guard published a notice of proposed rulemaking entitled Special Local Regulations for Marine Events; Norfolk Harbor, Elizabeth River, Norfolk, Virginia and Portsmouth, Virginia, in the Federal Register (62 FR 7969). The Coast Guard received no comments on the proposed rulemaking. No public hearing was requested, and none was held. The final rule was inadvertently published as a quarterly on 8 August 1997 (62 FR 42671). 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 rule updates the regulations to reflect specific events for which the regulated area will be in effect. Discussion of Comments and Changes The Coast Guard received no comments on the proposed rulemaking; however, the Coast Guard has learned that the sponsoring organization for the Harborfest event will be Festevents, Ltd. Therefore, Table 1 of the proposed rule has been amended to reflect this change. Good Cause Statement This final rule is effective in less than 30 days because it is contrary to the public interest to delay the effective date because timely action is required to protect vessel traffic and event participants during these events. 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. 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 final rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This rule merely changes the effective period of 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 rule 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 (15 U.S.C. 632). This rule does not impose any new restrictions on vessel traffic, but merely changes the effective period of the regulation. Therefore, the Coast Guard certifies under Section 605(b) of the Regulatory Flexibility Act ( 5 U.S.C. 601 et seq.) that this final rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This final rule contains no collection of information requirement under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). [[Page 46670]] Federalism The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environment The Coast Guard considered the environmental impact of this rule 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 rule 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 amends 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 and 33 CFR 100.35. 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: Festevents, Ltd. Date: First Friday, Saturday, and Sunday in June Great American Picnic: Sponsor: Festevents, Ltd. 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 US Navy Fleet Week Celebration: Sponsor: U.S. Navy Date: Second Friday in October Holidays in the City: Sponsor: Festevents, Ltd. Date: Fourth Saturday in November New Years Eve Fireworks Display: Sponsor: Festevents, Ltd. Date: December 31 ------------------------------------------------------------------------ Dated: May 30, 1997. Roger T. Rufe, Jr., Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District. [FR Doc. 97-23445 Filed 9-3-97; 8:45 am] BILLING CODE 4910-14-M