[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54571-54574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21522]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0732]
RIN 1625-AA08


Special Local Regulation for Marine Event Hampton Bay Days 
Festival, Hampton River; Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
of a special local regulation for one specific recurring marine event 
in the Fifth Coast Guard District. This regulation applies only to the 
Hampton Bay Days Festival, which consists of a Fireworks Display held 
at multiple locations along the Hampton River, Hampton, Virginia. This 
special local regulation is necessary to provide for

[[Page 54572]]

the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic on portions of the Hampton River 
near Hampton, Virginia during the event.

DATES: This rule will be effective on September 7, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0732]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email LCDR Hector Cintron, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5581, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This marine event is regulated at 33 CFR 100.501, Table to Sec.  
100.501, section (c) line 9. This rule involves an annually occurring 
marine event that is scheduled to take place on the 2nd or 3rd Friday, 
Saturday, and Sunday. Hampton Bay Days has changed the date of the 
event to take place on Saturday September 7, 2013, which is the first 
Saturday in September not the second.
    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) 
because the ambiguity of the current regulation does not cover the time 
frame specified for the event was not discovered until July 30, 2013. 
Because this was approximately 38 days before the event, it is 
impracticable to provide a full comment period due to lack of time.
    Delaying this regulation's effective date for comment would be 
contrary to the public interest as immediate action is needed to ensure 
the safety of the event participants, spectator craft, and other 
vessels transiting the event area. The Coast Guard will provide advance 
notifications to users of the affected waterways of the safety zone via 
marine information broadcasts and local notice to mariners.

B. Basis and Purpose

    Hampton Bay Days is sponsoring the three days Hampton Bay Days 
Festival, which includes a fireworks display over the waters of the 
Hampton River, near Hampton, Virginia on the Saturday of the festival.
    The regulation listing annual marine events within the Fifth Coast 
Guard District and safety zones locations is 33 CFR 100.501. The Table 
to Sec.  100.501 identifies special local regulations by COTP zone, 
with the COTP Hampton Roads zone listed in section ``(c)'' of the 
Table. The Table to Sec.  100.501, at section (c) event Number ``9'' 
describes the enforcement date and regulated location for this marine 
event.
    The fireworks display will occur this year on Saturday September 7, 
2013 from 9:20 p.m. until 10 p.m. The fireworks will be launched from 
three different locations, one at 37[deg]01'33'' N, 076[deg]20'11'' W, 
one at 37[deg]01'37'' N, 076[deg]20'11'' W, and the last one at 
37[deg]01'35'' N, 076[deg]20'01'' W, all of which are along the 
Settlers Landing Road Bridge and the nearby adjacent land.

C. Discussion of the Rule

    The Coast Guard will temporarily suspend the regulation listed at 
section (c.) line No. 9 in the Table to Sec.  100.501 and insert this 
temporary regulation at the Table to Sec.  100.501 line No. 12 in order 
to reflect the correct date for this year's event. This change is 
needed to accommodate the change in date of the Hampton Bay Days 
Festival. No other portion of the Table to Sec.  100.501 or other 
provisions in Sec.  100.501 shall be affected by this regulation.
    This special local regulation will restrict vessel movement in the 
waters of Sunset Creek and Hampton River shore to shore bounded to the 
north by the C & O Railroad Bridge and to the south by a line drawn 
from latitude 37[deg]01'03'' N, longitude 076[deg]20'26'' W, to 
latitude 37[deg]01'01.5'' N, longitude 076[deg]20'32'' W. The safety 
zone is needed to control vessel traffic and enhance the safety of 
spectators during the fireworks display. The regulation will be 
enforced from 9:20 p.m. to 10 p.m. on September 7, 2013. Except for 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area during the 
effective period.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those orders. 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; (iii) mariners may 
transit the waters in and around this safety zone at the discretion of 
the Captain of the Port or designated representative; and (iv), the 
Coast Guard will make notifications via maritime advisories so mariners 
can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.

[[Page 54573]]

    The 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 that portion of the Hampton River from 9:20 p.m. 
until 10 p.m. on September 7, 2013.
    This regulated area will not have a significant economic impact on 
a substantial number of small entities for the following reasons: (i) 
It will only be in effect for a limited duration, and (ii) before the 
enforcement period of September 7, 2013, maritime advisories will be 
issued allowing mariners to adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. 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 person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
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 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. This rule is categorically from further review under 
paragraph (34)(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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 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. At Sec.  100.501, in the Table to Sec.  100.501, make the following 
amendments:
0
a. Under ``(c.) Coast Guard Sector Hampton Roads--COTP Zone,'' suspend 
entry 9.
0
b. Under ``(c.) Coast Guard Sector Hampton Roads--COTP Zone,'' add 
entry 12, which will be enforced from 9:20 p.m. to 10 p.m. on September 
7, 2013 to read as follows:

[[Page 54574]]

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

* * * * *

                         Table to Sec.   100.501
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    No.            Date           Event      Sponsor        Location
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                              * * * * * * *
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            (c.) Coast Guard Sector Hampton Roads--COTP Zone
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                              * * * * * * *
12........  September 7, 2013  Hampton     Hampton     The waters of
                                Bay Days    Bay Days.   Sunset Creek and
                                Festival.               Hampton River
                                                        shore 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
                                                        076[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
                                                        076[deg]20'32.0'
                                                        ' W.
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* * * * *

    Dated: August 16, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-21522 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P