[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30464-30466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15191]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0405]
RIN 1625-AA00


Safety Zone; Harborfest 2009, Parade of Sail, Elizabeth River, 
Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a mobile safety zone on the 
Elizabeth River in the vicinity of Sewell's Point, Virginia, to Town 
Point Park, Norfolk, Virginia, in support of the Parade of Sail event 
taking place in conjunction with Harborfest 2009. This action is 
intended to restrict vessel traffic on the Elizabeth River to protect 
mariners from the hazards associated with marine parade events.

DATES: This rule is effective from 10 a.m. July 3, 2009 through 3 p.m. 
on July 5, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0405 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0405 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
at the following location: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Tiffany Duffy, Chief, Waterways 
Management Division, Coast Guard; telephone 757-668-5580, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because any delay encountered in this 
regulation's effective date by publishing a NPRM would be contrary to 
public interest since immediate action is needed to provide for the 
safety of life and property on navigable waters. Additionally, this 
temporary safety zone will be enforced for approximately 4 hours on 
Friday, July 3, 2009 and for approximately 4 hours on Sunday, July 5, 
2009 while the Parade of Sail arrives at and departs Town Point Park. 
This safety zone should have a minimal impact on vessel transits 
because mariners are not precluded from using any portion of the 
waterway except the safety zone 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 as any delay encountered in this 
regulation's effective date by publishing a NPRM would be contrary to 
public interest since immediate action is needed to provide for the 
safety of life and property on navigable waters.

Background and Purpose

    During the period of July 3 through July 5, 2009, the City of 
Norfolk and Norfolk Festevents Ltd. will sponsor Harborfest 2009, which 
includes the Parade of Sail event. This event will include a parade of 
more than twenty ships from around the world departing from Sewell's 
Point, Virginia enroute to Town Point Park, Norfolk, Virginia on July 
3, 2009. 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 scheduled events. Operators should expect 
significant vessel congestion along the parade route and viewing areas. 
The purpose of this regulation is to promote maritime safety and 
protect participants and the boating public in

[[Page 30465]]

the Port of Hampton Roads during the Parade of Sail event. 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 route to provide for the safety of participants, 
spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Elizabeth River from Sewell's Point, Virginia to Town Point 
Park, Norfolk, Virginia. This safety zone will encompass all navigable 
waters within 300 yards ahead of, 100 yards abeam of, and all waters 
between participating vessels transiting from Sewell's Point enroute to 
Town Point Park, Norfolk, VA. This regulated area will be established 
in the interest of public safety during the Parade of Sail and will be 
enforced during the Parade of Sail on July 3, 2009, from approximately 
11 a.m. until 3 p.m. and from approximately 11 a.m. until 3 p.m. on 
July 5, 2009 as the Parade of Sail departs Town Point Park, Norfolk, 
Virginia. Access to the safety zone will be restricted during the 
specified date and times. Except for participants and vessels 
authorized by the Captain of the Port or his Representative, no person 
or vessel may enter or remain in the regulated area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. Although this regulation restricts access 
to the safety zone, the effect of this rule will not be significant 
because: (i) The safety zone will be in effect for a limited duration; 
(ii) the zone is of limited size; and (iii) the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly.

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 
the specified portion of the Elizabeth River from 11 a.m. to 3 p.m. on 
July 3, 2009 and July 5, 2009.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for only about 4 hours on July 3 and July 5, 
2009, and vessel traffic will be able to navigate safely around the 
zone. In addition, before the effective period begins, the Coast Guard 
will make notifications via maritime advisories 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 can 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). 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 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 
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

[[Page 30466]]

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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing a mobile 
safety zone around a parade of vessels and is expected to have no 
impact on the water. This zone is designed to protect mariners from the 
hazards associated with vessel parades. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0405 to read as follows:


Sec.  165.T05-0405  Safety Zone: Harborfest 2009, Parade of Sail, 
Elizabeth River, Norfolk, VA.

    (a) Regulated Area: The following area is a safety zone: specified 
waters of the Elizabeth River 300 yards ahead of, 100 yards abeam of, 
and all waters between all vessels participating in the Parade of Sail, 
transiting from Sewell's Point, Virginia enroute to Town Point Park, 
Norfolk, Virginia.
    (b) Definition: For the purposes of this part, Captain of the Port 
Representative means any U.S. Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port, 
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.

(2) The operator of any vessel in the immediate vicinity of this safety 
zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone number (757) 638-6641.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be in effect from 10 
a.m. July 3, 2009 to 3 p.m. on July 5, 2009.

    Dated: June 16, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-15191 Filed 6-25-09; 8:45 am]
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