[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Rules and Regulations]
[Pages 13431-13433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5441]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-01-003]
RIN 2115-AE46


Special Local Regulations for Marine Events; Western Branch, 
Elizabeth River, Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations for the Crawford Bay Crew Classic, a marine event to be 
held on the waters of the Western Branch of the Elizabeth River, 
Portsmouth, Virginia. These special local regulations are necessary to 
provide for the safety of life on navigable waters during the event. 
This action is intended to restrict vessel traffic in portions of the 
Western Branch of the Elizabeth River during the event.

DATES: This rule is effective from 11 a.m. on March 23, 2001 to 6 p.m. 
on March 24, 2001.

ADDRESSES: Materials received from the public as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD05-01-003 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.,

[[Page 13432]]

Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, telephone number (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b), the Coast Guard finds that 
good cause exists for not publishing a NPRM. The Coast Guard received 
confirmation of the request for special local regulations on January 
16, 2001. We were notified of the need for special local regulations 
with insufficient time to publish a NPRM, allow for comments, and 
publish a final rule prior to the event.

Background and Purpose

    On March 23 and March 24, 2001, Ports Events, Inc. will sponsor the 
Crawford Bay Crew Classic. The event will consist of intercollegiate 
crew rowing teams racing along a 2000 meter course on the waters of the 
Western Branch of the Elizabeth River. A fleet of spectator vessels is 
expected to gather near the event site to view the competition. To 
provide for the safety of participants, spectators and other transiting 
vessels, the Coast Guard will temporarily restrict vessel traffic in 
the event area during the crew races.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Western Branch of the Elizabeth River. The 
temporary special local regulations will be enforced from 11 a.m. to 6 
p.m. on March 23, 2001 and from 6:30 a.m. to 6 p.m. on March 24, 2001. 
The effect will be to restrict general navigation in the regulated area 
during the event. Except for persons or vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area. The Patrol Commander will allow non-participating 
vessels to transit the regulated area between races. These regulations 
are needed to control vessel traffic during the event to enhance the 
safety of participants, spectators and transiting vessels.

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).
    We expect the economic impact of this temporary final 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 event, 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, vessel traffic will be allowed to transit through the 
regulated area in between races.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this 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 following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of the Western Branch of the 
Elizabeth River during the event.
    Although this regulation prevents traffic from transiting a portion 
of the Western Branch of the Elizabeth River during the event, 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. Additionally, vessel traffic will be allowed to transit 
through the regulated area in between races.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary 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.
    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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

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

[[Page 13433]]

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.

Environment

    We prepared an ``Environmental Assessment'' in accordance with 
Commandant Instruction M16475.1C 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--MARINE EVENTS

    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. A temporary section, Sec. 100.35-T05-003 is added to read as 
follows:


Sec. 100.35-T05-003  Western Branch, Elizabeth River, Portsmouth, 
Virginia.

    (a) Regulated Area. The waters of the Western Branch, Elizabeth 
River bounded by a line connecting the following points:

Latitude                             Longitude
36 deg.50'18" North                  076 deg.23'06" 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.23'06" West, to
36 deg.50'18" North                  076 deg.23'06" West
 



All coordinates reference Datum NAD 1983.
    (b) 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.
    (c) 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 the regulated 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.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Effective Dates. This section is effective from 11 a.m. on 
March 23, 2001 to 6 p.m. on March 24, 2001.
    (e) Enforcement Times. This section will be enforced from 11 a.m. 
to 6 p.m. on March 23, 2001 and from 6:30 a.m. to 6 p.m. on March 24, 
2001.

    Dated: February 22, 2001.
T. C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 01-5441 Filed 3-5-01; 8:45 am]
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