[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Proposed Rules]
[Pages 53021-53023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19801]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-04-152]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for the ``Power in the Park'' hydroplane races, a marine 
event to be held on the waters of the Southern Branch of the Elizabeth 
River at Portsmouth, Virginia on September 25 and 26, 2004. This action 
is 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: Comments and related material must reach the Coast Guard on or 
before September 15, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(oax), 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 Auxiliary and Recreational 
Boating Safety Branch, Fifth Coast Guard District, maintains the public 
docket for this rulemaking. Comments and material 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 Branch, 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 (CGD05-04-
152), 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.
    In order to provide notice and an opportunity to comment before 
issuing an effective rule for this September 25-26, 2004 event, we are 
providing a shorter than normal comment period. A 15-day comment period 
is sufficient to allow those who might be affected by this rulemaking 
to submit their comments because the regulations have a narrow, local 
application, and there will be local notifications in addition to the 
Federal Register publication such as press releases, marine information 
broadcasts, and the Local Notice to Mariners. If, as we anticipate, we 
make the temporary final rule effective less than 30 days after 
publication in the Federal Register, we will explain in that rule, as 
required by 5 U.S.C. (d)(3), our good cause for doing so.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (oax), Fifth Coast Guard 
District at the address 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 Virginia Boat Racing Association will sponsor the ``Power in 
the Park'' hydroplane races, a marine event to be held on the waters of 
the Western Branch of the Elizabeth River at Portsmouth, Virginia, on 
September 25 and 26, 2004. The event will consist of hydroplanes racing 
in heats around an oval course adjacent to Portsmouth City Park. To 
provide for the safety of participants, spectators and support vessels, 
the Coast Guard proposes to temporarily restrict vessel traffic in the 
event area during the races.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on waters of the Western Branch of the Elizabeth River at 
Portsmouth, Virginia. The temporary regulations would be enforced from 
7:30 a.m. to 6:30 p.m. on September 25 and 26, 2004. The effect would 
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 would be allowed to enter or 
remain in the regulated area. The proposed regulated area is needed to 
control vessel traffic during the event 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, Regulatory Planning and Review, 
and does not require an assessment of

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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 Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Although this proposed regulation 
would prevent traffic from transiting or anchoring in the affected 
section of the Western Branch of the Elizabeth River during the event, 
the effect of this proposed regulation would not be significant due to 
the limited duration that the regulated area would be in effect and the 
extensive advance notifications that would 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 proposed regulated area has been 
narrowly tailored to impose the least impact on general navigation yet 
provide the level of safety deemed necessary. Vessel traffic would also 
be allowed to transit the regulated area between heats, when the Patrol 
Commander determines it safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in the Western 
Branch of the Elizabeth River during the event.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would be in effect for only a short period. The proposed 
regulated area has been narrowly tailored to impose the least impact on 
general navigation yet provide the level of safety deemed necessary. 
Vessels desiring to transit the Western Branch of the Elizabeth River 
during the event would be allowed to transit the regulated area between 
heats, when the Patrol Commander determines it safe to do so. Before 
the enforcement period, we would issue maritime advisories 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 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 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. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

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 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 would not result in such an 
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 would not 
create an environmental risk to health or risk to safety that might 
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 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency

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provides Congress, through the Office of Management and Budget, with an 
explanation of why using these standards would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., specifications of materials, 
performance, design, or operation; test methods; sampling procedures; 
and related management systems practices) that are developed or adopted 
by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under those sections.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

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--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233, Department of Homeland Security 
Delegation No. 0170.1.

    2. Add temporary Sec.  100.35-T05-152 to read as follows:


Sec.  100.35-T05-152  Western Branch, Elizabeth River, Portsmouth, VA.

    (a) Regulated area. The regulated area is established for the 
waters of the Western Branch of the Elizabeth River from shoreline to 
shoreline, bounded to the east by a line drawn along Longitude 
076[deg]21[min]59[sec] West and bounded to the west by a line drawn 
along Longitude 076[deg]22[min]43[sec] West. All coordinates reference 
Datum NAD 1983.
    (b) Definitions. As used in this section--
    Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Group Hampton Roads.
    Official Patrol means 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.
    (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.
    (ii) Proceed as directed by any Official Patrol.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. to 6:30 p.m. on September 25 and 26, 2004.

    Dated: 18 August 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-19801 Filed 8-30-04; 8:45 am]
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