[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Proposed Rules]
[Pages 1177-1179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-545]


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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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