[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]
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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: Final rule.
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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
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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
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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]
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