[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Rules and Regulations]
[Pages 33502-33505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13811]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0180]
RIN 1625-AA08


Special Local Regulation for Marine Events; Temporary Change of 
Dates for Recurring Marine Events in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard temporarily changes the enforcement period of 
special local regulations for a recurring marine event in the Fifth 
Coast Guard District. These regulations apply to only one recurring 
marine event that establishes two spectator vessel anchorage areas and 
restricts vessel traffic. Special local regulations are 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 
Hampton River, Hampton, VA, and Sunset Creek, Hampton, VA during the 
event.

DATES: This rule is effective from 11:30 a.m. on July 10, 2010, to 1:30 
p.m. on July 11, 2010. This rule will be enforced from 11:30 a.m. to 
2:30 p.m. and 9 p.m. to 10 p.m. on July 10, 2010, and from 12:30 p.m. 
to 1:30 p.m. on July 11, 2010.

[[Page 33503]]


ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0180 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0180 in the ``Keyword'' 
box, and then clicking on ``Search.'' This material is also available 
for inspection or copying at 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, Project Manager, 
Sector Hampton Roads, 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

    On April 5, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation for Marine Event; Temporary 
Change of Dates for Recurring Marine Event in the Fifth Coast Guard 
District in the Federal Register (75 FR 17099). We received no comments 
on the proposed rule. No public meeting was requested, and none was 
held.

Background and Purpose

    Marine events are frequently held on the navigable waters within 
the boundary of the Fifth Coast Guard District. The on water activities 
that typically comprise marine events include sailing regattas, power 
boat races, swim races and holiday parades. For a description of the 
geographical area of each Coast Guard Sector--Captain of the Port Zone, 
please see 33 CFR 3.25.
    This regulation temporarily changes the enforcement period of 
special local regulations for a recurring marine event within the Fifth 
Coast Guard District. This regulation applies to one marine event in 33 
CFR 100.501, Table to Sec.  100.501.
    On July 9, 10, and 11, 2010, the City of Hampton and The Virginia 
Air and Space Museum will sponsor the ``11th Hampton Blackbeard 
Festival,'' a historic festival on the waters of the Hampton River near 
Hampton, Virginia. The regulation at 33 CFR 100.501 is effective 
annually for this marine event. The event will consist of three replica 
pirate ships conducting a simulated wartime demonstration on July 10, 
2010 from 11:30 a.m. to 2:30 p.m. and July 11, 2010 from 12:30 p.m. to 
1:30 p.m. on the Hampton River in the vicinity of Mill Point Park, 
Hampton, Virginia. The event will also consist of a fireworks display 
on July 10, 2010 from 9 p.m. to 10 p.m. over the Hampton River in the 
vicinity of Mill Point Park, Hampton, Virginia. A fleet of spectator 
vessels is expected to gather near the event site to view the simulated 
wartime demonstration and fireworks display. To provide for the safety 
of participants, spectators, support and transiting vessels, the Coast 
Guard temporarily restricts vessel traffic in the event area during the 
demonstration and fireworks display. The regulation at 33 CFR 100.501 
would be enforced for the duration of the event. Under provisions of 33 
CFR 100.501, from 11:30 a.m. to 2:30 p.m. and 9 p.m. to 10 p.m. on July 
10, 2010, and from 12:30 p.m. to 1:30 p.m. on July 11, 2010, vessels 
may not enter the regulated area unless they receive permission from 
the Coast Guard Patrol Commander.

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 Hampton River, near Hampton, 
Virginia.

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 rule prevents traffic from transiting a portion of 
the Hampton River during specified events, the effect of this 
regulation 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 marine 
information broadcasts, local radio stations and area newspapers so 
mariners can adjust their plans accordingly. Additionally, this 
rulemaking does not change the permanent regulated areas that have been 
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases 
vessel traffic may be able to transit the regulated area when the Coast 
Guard Patrol Commander deems it is safe to do so.

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 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 Hampton River where marine events are being 
held. This regulation will not have a significant impact on a 
substantial number of small entities because it will be enforced only 
during marine events that have been permitted by the Coast Guard 
Captain of the Port. The Captain of the Port will ensure that small 
entities are able to operate in the areas where events are occurring 
when it is safe to do so. In some cases, vessels will be able to safely 
transit around the regulated area at various times, and, with the 
permission of the Patrol Commander, vessels may transit through the 
regulated area. Before the enforcement period, the Coast Guard will 
issue 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), in the NPRM we offered 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

[[Page 33504]]

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 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 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 
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)(h), of the Instruction. This rule involves implementation of 
regulations within 33 CFR Part 100 that apply to organized marine 
events on the navigable waters of the United States that may have 
potential for negative impact on the safety or other interest of 
waterway users and shore side activities in the event area. The 
category of water activities includes but is not limited to sail boat 
regattas, boat parades, power boat racing, swimming events, crew 
racing, and sail board racing.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist 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. In Sec.  100.501, from 11:30 a.m. on July 10, 2010, to 1:30 p.m. on 
July 11, 2010, suspend line No. 36 in the Table to Sec.  100.501.


0
3. In Sec.  100.501, from 11:30 a.m. on July 10, 2010, to 1:30 p.m. on 
July 11, 2010, add line No. 61 in Table to Sec.  100.501 to read as 
follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

    Table To Sec.  100.501.--All coordinates listed in the Table to 
Sec.  100.501 reference Datum NAD 1983.
* * * * *

[[Page 33505]]



                                   Coast Guard Sector Hampton Roads--COTP Zone
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      No.                 Date                  Event                 Sponsor                  Location
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                                                  * * * * * * *
61.............  July 9--July 11, 2010  Blackbeard Festival..  City of Hampton and    The waters of Sunset Creek
                                                                The Virginia Air and   and Hampton River shore
                                                                Space Center.          to shore bounded to the
                                                                                       north by the C & O
                                                                                       Railroad Bridge and to
                                                                                       the south by a line drawn
                                                                                       from Hampton River
                                                                                       Channel Light 16 (LL
                                                                                       5715), located at
                                                                                       latitude 37[deg]01'03.0''
                                                                                       N, longitude
                                                                                       76[deg]20'26.0'' W, to
                                                                                       the finger pier across
                                                                                       the river at Fisherman's
                                                                                       Wharf, located at
                                                                                       latitude 37[deg]01'01.5''
                                                                                       N, longitude
                                                                                       76[deg]20'32.0'' W.
                                                                                      Spectator Vessel Anchorage
                                                                                       Areas--Area A: Located in
                                                                                       the upper reaches of the
                                                                                       Hampton River, bounded to
                                                                                       the south by a line drawn
                                                                                       from the western shore at
                                                                                       latitude 37[deg]01'48.0''
                                                                                       N, longitude
                                                                                       76[deg]20'22.0'' W,
                                                                                       across the river to the
                                                                                       eastern shore at latitude
                                                                                       37[deg]01'44.0'' N,
                                                                                       longitude
                                                                                       76[deg]20'13.0'' W, and
                                                                                       to the north by the C & O
                                                                                       Railroad Bridge. The
                                                                                       anchorage area will be
                                                                                       marked by orange buoys.
                                                                                      Area B: Located on the
                                                                                       eastern side of the
                                                                                       channel, in the Hampton
                                                                                       River, south of the Queen
                                                                                       Street Bridge, near the
                                                                                       Riverside Health Center.
                                                                                       Bounded by the shoreline
                                                                                       and a line drawn between
                                                                                       the following points:
                                                                                       Latitude 37[deg]01'26.0''
                                                                                       N, longitude
                                                                                       76[deg]20'24.0'' W,
                                                                                       latitude 37[deg]01'22.0''
                                                                                       N, longitude
                                                                                       76[deg]20'26.0'' W, and
                                                                                       latitude 37[deg]01'22.0''
                                                                                       N, longitude
                                                                                       76[deg]20'23.0'' W. The
                                                                                       anchorage area will be
                                                                                       marked by orange buoys.
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    Dated: May 24, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard Captain of the Port, Hampton Roads.
[FR Doc. 2010-13811 Filed 6-9-10; 4:15 pm]
BILLING CODE 4910-15-P