[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Rules and Regulations]
[Pages 41830-41832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15607]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-031]
RIN 2115-AE46


Special Local Regulations for Marine Events; Norfolk Harbor, 
Elizabeth River, Norfolk and Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Cock Island Race to be held Saturday, June 22, 
2002, on the waters of the Elizabeth River, between Norfolk and 
Portsmouth, Virginia. This action is necessary to provide for the 
safety of life on navigable waters during the event. The effect will be 
to restrict general navigation in the regulated area for the safety of 
spectators, participants and vessels transiting the event area.

[[Page 41831]]


EFFECTIVE DATES: This rule is effective from 8:30 a.m. to 4 p.m. (local 
time) on June 22, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-031 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., 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, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The event will be held on Saturday, June 22, 2002. 
There is not sufficient time to allow for an appropriate notice and 
comment period, prior to the event. Because of the large concentration 
of boats in a confined area, special local regulations are necessary to 
provide for the safety of spectator craft and other vessels transiting 
the event area. For the safety concerns noted, it is in the public 
interest to have these regulations in effect during the event. In 
addition, advance notifications will be made via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers.

Background and Purpose

    On Saturday, June 22, 2002, Ports Events, Inc. will sponsor the 
Cock Island Race on the waters of the Elizabeth River, between Norfolk 
and Portsmouth, Virginia. The event will consist of approximately 300 
sailboats, ranging in length from 22 feet to 60 feet, sailing out of 
the Elizabeth River into Hampton Roads and returning. To provide for 
the safety of participants, spectators, and transiting vessels, the 
Coast Guard will temporarily restrict vessel traffic in the event area 
during the race.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Elizabeth River, between Norfolk and 
Portsmouth, Virginia. The temporary special local regulations will be 
in effect from 8:30 a.m. to 4 p.m. (local time) on June 22, 2002. 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 notify the public of specific 
enforcement times by Marine Radio Safety Broadcast. These regulations 
are needed to control vessel traffic during the start of the event to 
enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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).
    Although this rule prevents traffic from transiting a portion of 
the Elizabeth River during the event, the effect of this rule 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), 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 affected portions of the Elizabeth River during the 
event.
    Although this rule prevents traffic from transiting a portion of 
the Elizabeth River during the event, the effect of this rule 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.

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

    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 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 rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

[[Page 41832]]

Taking of Private Property

    This rule will not affect 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this 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 
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--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.


    2. From 8:30 a.m. to 4 p.m. on June 22, 2002, add a temporary 
Sec. 100.35-T05-031 to read as follows:


Sec. 100.35-T05-031  Norfolk Harbor, Elizabeth River, Norfolk and 
Portsmouth, Virginia

    (a) 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.
    (b) Official Patrol. The Official Patrol is any commissioned, 
warrant, or petty officer of the Coast Guard on board a vessel 
displaying a Coast Guard ensign.
    (c) Regulated area. Includes all waters of the Elizabeth River and 
its branches from shore to shore, bounded to the northwest by a line 
drawn across the Port Norfolk Reach section of the Elizabeth River 
between the northern corner of the landing at Hospital Point, 
Portsmouth, Virginia, latitude 36 deg.50'51.0" North, longitude 76 
deg.18'09.0" West and the north corner of the City of Norfolk Mooring 
Pier at the foot of Brooks Avenue located at latitude 36 deg.51'00.0" 
North, longitude 76 deg.17'52.0" West; bounded on the southwest by a 
line drawn from the southern corner of the landing at Hospital Point, 
Portsmouth, Virginia, at latitude 36 deg.50'50.0" North, longitude 76 
deg.18'10.0" West, to the northern end of the eastern most pier at the 
Tidewater Yacht Agency Marina, located at latitude 36 deg.50'29.0" 
North, longitude 76 deg.17'52.0" West; bounded to the south by a line 
drawn across the Lower Reach of the Southern Branch of the Elizabeth 
River, between the Portsmouth Lightship Museum located at the foot of 
London Boulevard, in Portsmouth, Virginia at latitude 36 deg.50'10.0" 
North, longitude 76 deg.17'47.0" West, and the northwest corner of the 
Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located at 
latitude 36 deg.50'08.0" North, longitude 76 deg.17'39.0" West; and to 
the southeast by the Berkley Bridge which crosses the Eastern Branch of 
the Elizabeth River between Berkley at latitude 36 deg.50'21.5" North, 
longitude 76 deg.17'14.5" West, and Norfolk at latitude 36 deg.50'35.0" 
North, longitude 76 deg.17'10.0" West. All coordinates reference Datum 
NAD 1983.
    (d) 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:
     Stop the vessel immediately when directed to do so by any official 
patrol.
    (ii) Proceed as directed by any official patrol.
    (e) Enforcement period. This section will be enforced from 8:30 
a.m. to 4 p.m. local time on June 22, 2002.

    Dated: June 13, 2002.
T.C. Paar,
Captain, Coast Guard, Acting Commander, Fifth Coast Guard District.
[FR Doc. 02-15607 Filed 6-19-02; 8:45 am]
BILLING CODE 4910-15-P