[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59795-59797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-04-184]
RIN 1625-AA08


Special Local Regulations for Marine Events; Willoughby Bay, 
Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Hampton Roads Sailboard Classic'', a marine 
event to be held October 23 and 24, 2004 on the waters of Willoughby 
Bay, Norfolk, Virginia. 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 Willoughby Bay 
during the event.

DATES: This rule is effective from 10 a.m. on October 23, 2004, to 3 
p.m. on October 24, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-184 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: D. M. Sens, Project Manager, Auxiliary 
and Recreational Boating Safety Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable and contrary to public interest, as the event will take 
place too soon to allow the NPRM process to be completed. The danger 
posed to participants by wakes from transiting vessels make special 
local regulations necessary to provide for the safety of event 
participants, support craft and other vessels transiting the event 
area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest,

[[Page 59796]]

since immediate action is needed to ensure the safety of participants, 
support craft, 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. Additionally, 
advance notifications will be made to affected users of the waterway 
via marine information broadcasts and area newspapers.

Background and Purpose

    The Windsurfing Enthusiasts of Tidewater will sponsor the marine 
event ``Hampton Roads Sailboard Classic'' on October 23 and 24, 2004, 
on the waters of Willoughby Bay, Norfolk, Virginia. The event will 
consist of approximately 40 sailboards racing in heats along several 
courses within Willoughby Bay. Spectator vessels are expected to gather 
near the event site to view the competition. To provide for the safety 
of event participants, spectators and transiting vessels during the 
event, the Coast Guard will temporarily restrict vessel movement in the 
event area during the sailboard races.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of Willoughby Bay. The temporary special local 
regulations will be enforced from 10 a.m. to 4:30 p.m. on October 23, 
2004, and from 9:30 a.m. to 3 p.m. on October 24, 2004. 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 will be allowed to enter or 
remain in the regulated area. Non-participating vessels desiring to 
transit Willoughby Bay during the event will be able to navigate safely 
around the regulated area. 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, 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 Homeland 
Security (DHS).
    We expect the economic impact of this temporary rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of Willoughby Bay during the event, the effect of this regulation will 
not be significant because transiting vessels will be able to safely 
navigate around the regulated area and extensive advance notifications 
will be made to the maritime community via 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 deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 this section of Willoughby Bay during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Transiting vessels will be able to safely navigate around the regulated 
area. Extensive advance notifications will be made to the maritime 
community via 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 offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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 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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble

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 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 create 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

[[Page 59797]]

13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
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

0
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.


0
2. Add temporary Sec.  100.35-T05-184 to read as follows:


Sec.  100.35-T05-184  Willoughby Bay, Norfolk, VA.

    (a) Regulated area. The regulated area is established for the 
waters of Willoughby Bay contained within the following coordinates:

 
              Latitude                            Longitude
 
36[deg]58' 36.0'' North              076[deg]18' 42.0'' West
36[deg]58' 00.0'' North              076[deg]18' 00.0'' West
36[deg]57' 49.0'' North              076[deg]18' 14.0'' West
36[deg]57' 36.0'' North              076[deg]17' 55.0'' West
36[deg]57' 26.0'' North              076[deg]18' 06.0'' West
36[deg]58' 15.0'' North              076[deg]19' 08.0'' West
36[deg]58' 36.0'' North              076[deg]18' 42.0'' West
 


All coordinates reference Datum NAD 1983.
    (b) Definitions (1) 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.
    (2) 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 this area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any Official Patrol.
    (d) Enforcement Dates. This section will be enforced from 10 a.m. 
to 4:30 p.m. on October 23, 2004 and from 9:30 a.m. to 3 p.m. on 
October 24, 2004.

    Dated: September 23, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-22512 Filed 10-5-04; 8:45 am]
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