[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30258-30261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10504]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-07-012]
RIN 1625-AA08


Special Local Regulations for Marine Events; Sail Virginia 2007, 
Port of Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily establishing special local 
regulations for ``Sail Virginia 2007'' marine event. This action is 
necessary to provide for the safety of life on navigable waters before, 
during, and after Sail Virginia 2007 activities. This special local 
regulation is intended to restrict vessel traffic in the vicinity of 
the tall ship parade as the parade transits the Chesapeake Bay, Hampton 
Roads, the James and Elizabeth Rivers and Norfolk Harbor.

DATES: This rule is effective from 6 a.m. June 8, 2007 to 11 p.m. on 
June 9, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-07-012) and are available for 
inspection or copying at Commander (dpi), 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: LTJG TaQuitia Winn, U.S. Coast Guard 
Sector Hampton Roads, at (757) 668-5580.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 19, 2007, we published a Notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Sail 
Virginia 2007, Port of Hampton Roads, Virginia in the Federal Register 
(72 FR 12746). We received no letters commenting on the proposed rule. 
No public meeting was requested, and none was held.
    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, since immediate action is needed to 
ensure the safety of the event participants, support craft and other 
vessels transiting the event area. However, advance notifications will 
be made to affected waterway users via marine information broadcasts, 
area newspapers, and local radio stations.

Background and Purpose

    During the period June 7-12, 2007, the City of Norfolk and Norfolk 
Festevents Ltd. will sponsor ``Sail Virginia 2007'', a tall ships 
marine event. The six-day event will include more than twenty tall 
ships from around the world in recognition of the Jamestown 1606-1607 
voyage, commemorating the 400th anniversary of our nation's birth 
place. More than 25 tall ships from around the world have been invited 
to participate.
    Planned events in the Port of Hampton Roads include: The arrival of 
more than 20 tall ships and other vessels at Lynnhaven Anchorage on 
June 7 and 8, 2007; a Parade of Sail of approximately 20 tall ships and 
other vessels from their respective anchorages to Town Point Park, 
downtown Norfolk, on June 8, 2007; fireworks display adjacent to the 
Norfolk and Portsmouth seawalls on June 9, 2007; and the scheduled 
departure of the majority of vessels on June 12, 2007. This event will 
be combined with the annual Norfolk Harborfest held each June.
    The parade of sails event planned during this period will be 
conducted on the waters of the Chesapeake Bay, Hampton Roads the 
Elizabeth River and Norfolk Harbor, Virginia. Vessels participating in 
the ``Tall Ships Parade of Sails'' will rendezvous on June 8, 2007 in 
the vicinity of Thimble Shoal Channel lighted bell buoy ``13'' LLNR

[[Page 30259]]

9275 as depicted on NOAA Chart 12222 and will proceed inbound through 
the Elizabeth River to Norfolk Harbor Entrance Reach terminating at the 
Norfolk Harbor waterfront.
    On the evening of June 9, 2007, a fireworks display will be 
launched from several barges in Norfolk harbor. The fireworks hazardous 
fall out area will extend on and over Norfolk harbor waters. A fleet of 
spectator vessels is expected to gather near the event site to view the 
fireworks display. Due to the need for vessel control during the event, 
vessel traffic will be temporarily restricted to provide for the safety 
of spectators and transiting vessels.
    The Coast Guard anticipates numerous spectator craft for these 
events. Operators should expect significant vessel congestion along the 
parade route and viewing areas for the fireworks display.
    The purpose of these regulations is to promote maritime safety and 
protect participants and the boating public in the Port of Hampton 
Roads during the ``Tall Ship's Parade of Sails'' event. The regulations 
will establish a clear parade route for the participating vessels and 
no wake zones along the parade route. The regulations will impact the 
movement of all vessels operating in the specified areas of the port.
    Vessel operators are also reminded that Norfolk Naval Base will be 
strictly enforcing the existing restricted area defined at 33 CFR 
334.300 during all Sail Virginia 2007 activities.
    We recommend that vessel operators visiting the Port of Hampton 
Roads for this event obtain up to date editions of the following charts 
of the area: Nos. 12222, 12245, 12253, and 12254 to avoid anchoring 
within charted cable or pipeline areas.
    With the arrival of Sail Virginia 2007 and spectator vessels in the 
Port of Hampton Roads for this event, it may be necessary to curtail 
normal port operations to some extent. Interference will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
events.
    Because of the danger posed by numerous sailing vessels maneuvering 
in close proximity of each other during the parade, special local 
regulations are necessary. For the safety concerns noted and to address 
the need for vessel control and vessel safety, all vessel traffic will 
be temporarily restricted in the vicinity of the parade to provide for 
the safety of participants, spectators and transiting vessels.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the Notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing temporary special local 
regulations on specified waters of the Port of Hampton Roads, Virginia.
    The Coast Guard previously stated in the preamble for the Notice of 
proposed rulemaking (NPRM) for this temporary final rule published on 
March 19, 2007, entitled Special Local Regulations for Marine Events; 
Sail Virginia 2007, Port of Hampton Roads, Virginia in the Federal 
Register (72 FR 12746), that it would implement the regulation found at 
33 CFR 100.501 for the fireworks portion of this event. The intent of 
that statement in the NPRM was to convey that a regulated area of the 
same dimensions as that found at 33 CFR 100.501 would be implemented as 
part of this regulation to provide safety for the maritime community 
during this fireworks event. As the regulatory text for this area was 
already in place at 33 CFR 100.501, we did not include a description of 
that regulated area in the NPRM for this event.
    The Coast Guard will not implement that regulation at 33 CFR 
100.501 as was previously discussed in the NPRM for this event. The 
regulation at 33 CFR 100.501 is intended to be implemented for marine 
events listed at Table 1 of 33 CFR 100.114. Instead of stating we will 
implement the regulation found at 33 CFR 100.501 in this final rule, we 
are publishing the dimensions of the regulated area found at 33 CFR 
100.501 and describing for clarity in this temporary final rule our 
original intention--to use those dimensions for a regulated area for 
the fireworks event described herein.
    Thus in an effort to make this rule more clearly understood we 
describe the regulated area here and in the regulatory text herein that 
will be enforced during the fireworks display on the evening of June 9, 
2007 in Norfolk harbor, Virginia. The fireworks fall out area will 
include the following regulated area: The 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.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the Parade of Sail. Although 
these regulations prevent traffic from transiting a portion of the 
Chesapeake Bay and Elizabeth River during this event, that restriction 
is limited to approximately seven hours in duration, affects only a 
limited area that is totally contained within an already established 
regulated navigation area, and will be well publicized to allow 
mariners to make alternative plans for transiting the affected area. 
Moreover, the nature of the event itself may hamper or prevent transit 
of the waterway, even absent these regulations designed to ensure it is 
conducted in a safe and orderly fashion. Extensive advance 
notifications will be made to the maritime community via Local Notice 
to Mariners, marine information broadcasts, area newspapers and local 
radio stations, so mariners can adjust their plans accordingly.

[[Page 30260]]

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to operate or anchor in portions of the Chesapeake Bay, 
Hampton Roads, Elizabeth River, Norfolk Harbor from 7 a.m. until 3 p.m. 
June 8, 2007 during this event.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule would be in effect for only a limited period, affect only limited 
areas that are totally contained within an already established 
regulated navigation area, and marine advisories will be issued 
allowing mariners to adjust their plans accordingly. Vessel traffic may 
be allowed to pass through the regulated areas with the permission of 
the Coast Guard Patrol Commander. In the case where the Patrol 
Commander authorizes passage through a regulated area during an event, 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the event.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this 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 U.S. Coast Guard Sector Hampton 
Roads, at 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.
    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 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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, 
and Department of Homeland Security Management Directive 5100.1 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

[[Page 30261]]

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 
that section.
    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.

0
2. Add a temporary Sec.  100.35-T05-012 to read as follows:


Sec.  100.35-T05-012,  Special Local Regulations; Sail Virginia 2007, 
Port of Hampton Roads, VA.

    (a) Regulated area. (1) The regulated area in support of the ``Sail 
Virginia 2007'' parade of sails marine event includes navigable waters 
within and 100 yards abeam of, 300 yards ahead of, and all waters 
between participating vessels transiting the Chesapeake Bay Thimble 
Shoal Channel, Hampton Roads Norfolk Harbor Entrance Reach, Elizabeth 
River Craney Island Reach, Lambert Bend, Lambert Bend to Pinner Point, 
Pinner Point to Town Point Reach, Town Point Reach to Norfolk Harbor, 
Virginia.
    (2) The fireworks fall out area will include the following 
regulated area: The 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.
    (b) Definitions. (1) Coast Guard Patrol Commander means any 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Hampton Roads.
    (2) Official Patrol means any person or vessel authorized by the 
Coast Guard Patrol Commander or approved by Commander, Coast Guard 
Sector Hampton Roads to enforce this special local regulation.
    (3) Sail Virginia 2007 Vessels includes all vessels participating 
in Sail Virginia 2007 under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Hampton Roads.
    (4) Parade of sail is the inbound procession of Sail Virginia 2007 
vessels as they navigate designated routes in the Port of Hampton Roads 
on June 8, 2007.
    (5) Spectator vessel includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers that are 
in the Port of Hampton Roads to observe part or all of the events 
attendant to Sail Virginia 2007.
    (c) Special local regulations. (1) Except for the Official Patrol, 
participants, and persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) Any person in the regulated area must stop immediately when 
directed to do so by any Official Patrol and then proceed only as 
directed.
    (3) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (4) When authorized to transit within the regulated area, all 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the parade and near other persons and 
vessels.
    (4) The Coast Guard vessels enforcing this section can be contacted 
on VHF-FM Marine Band Radio, Channels 13 and 16. Coast Guard Sector 
Hampton Roads can be contacted at telephone number (757) 638-6633.
    (5) Coast Guard Sector Hampton Roads will notify the public of 
changes in the status of this section by Marine Safety Radio Broadcast 
on VHF-FM Marine Band Radio, Channel 22 (157.1 MHz).
    (d) Enforcement period. This section will be enforced from 6 a.m. 
June 8, 2007, to 11 p.m. June 9, 2007.

    Dated: May 15, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-10504 Filed 5-30-07; 8:45 am]
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