[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63916-63918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26962]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0820]
RIN 1625-AA08


Special Local Regulation for Battle of Hampton; Hampton River, 
Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the navigable waters of Hampton River, in the vicinity of the Crowne 
Plaza Hampton Marina in Hampton, Virginia. This regulated area will 
restrict vessel movement in the specified area during the revolutionary 
sea battle re-enactment Battle of Hampton. This action is necessary to 
provide for the safety of life and property on the surrounding 
navigable waters during the re-enactment.

DATES: This rule is effective from 1 p.m. on October 24 through 1:30 
p.m. on October 25, 2015. This rule will only be enforced from 1:00 
p.m. to 1:30 p.m. each day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0820 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; 757-668-5580, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 due to the short time period between event 
planners notifying the Coast Guard of details concerning the event, on 
August 15, 2015, and publication of this special local regulation. As 
such, it is impracticable for the Coast Guard to provide a full comment 
period due to lack of time. Furthermore, delaying the effective date of 
this special local regulation would be contrary to the public interest 
as immediate action is needed to ensure the safety of the event 
participants, patrol vessels, spectator craft and other vessels 
transiting the event area. The Coast Guard will provide advance 
notifications to users of the affected waterway via marine information 
broadcasts, local notice to mariners. This same location is used for an 
annually occurring marine event, Blackbeard Festival, that is regulated 
under 33 CFR 100.501, Table to Sec.  100.501, section (c) line 1, and 
includes sea battle re-enactments and fireworks. The organizers wanted 
to hold an additional revolutionary sea battle re-enactment closer to 
the anniversary date of the actual historical battle in Hampton, VA. 
This event will become an annual marine event and will be scheduled to 
occur on the second to last weekend in October.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to the need for 
immediate action, the restriction on vessel traffic is necessary to 
protect life, property, and the environment; therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
special local regulation intended objectives of protecting persons and 
vessels, and enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    On October 24 and October 25, 2015, the Hampton History Museum and 
City of Hampton Parks and Recreation will sponsor the ``Battle of 
Hampton'' on the waters of the Hampton River in Hampton, VA. The event 
will consist of approximately four time-period vessels carrying out a 
revolutionary sea battle

[[Page 63917]]

re-enactment on the waters of the Hampton River. As part of the sea 
battle re-enactment, participants onboard the vessels will be firing 
off 18th century cannons and weapons aimed towards the shoreline. To 
provide for the safety of participants, spectators, support and 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area during the sea battle re-enactment. The 
regulation at 33 CFR 100.501 will be enforced for the duration of the 
event. Under the provisions of 33 CFR 100.501, from 1 p.m. through 1:30 
p.m. on October 24 and October 25, 2015, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander.
    This special local regulation will restrict vessel movement in the 
navigable waters of the Hampton River from hazards associated with 
battle re-enactments. The potential hazards to mariners within the 
special local regulation include accidental shockwaves, flying debris 
and loud noises.

IV. Discussion of the Rule

    The Captain of the Port of Hampton Roads will establish a special 
local regulation on the waters of the Hampton River, near the Crowne 
Plaza Hampton Marina, bounded by the shoreline and a line drawn from 
37[deg]01'30.09'' N./076[deg]20'25.44'' W., to 37[deg]01'29.47'' N./
076[deg]20'24.24'' W., to 37[deg] 01'22.93'' N./076[deg]20'30.62'' W., 
to 37[deg]01'24.47'' N./076[deg]20'31.43'' W. (NAD 1983), in Hampton, 
Virginia. This regulation will be enforced on October 24 and October 
25, 2015 between the hours of 1 p.m. and 1:30 p.m. Access to the 
regulated area will be restricted during the specified date and time.
    Except for vessels authorized by the Captain of the Port or his 
Representative, no person or vessel may enter or remain in the 
regulated area during the time frame listed. The COTP will give notice 
of the enforcement of the regulated area by all appropriate means to 
provide the widest dissemination of notice among the affected segments 
of the public. This will include publication in the Local Notice to 
Mariners and Marine Information Broadcasts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the restricted area. Although 
this regulation restricts access to the regulated area, the effect of 
this rule will not be significant because: (i) This rule will only be 
enforced for the limited size and duration of the event; and (ii) the 
Coast Guard will make extensive notification to the maritime community 
via marine information broadcasts so mariners may adjust their plans 
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    This rule affects the following entities, some of which might be 
small entities: the owners or operators of vessels intending to transit 
or anchor in waters of the Hampton River, during the enforcement 
period.
    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, Sector Hampton Roads will issue maritime advisories 
widely available to users of the Hampton River, allowing mariners to 
adjust their plans accordingly.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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

[[Page 63918]]

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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that 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. The category of water activities includes but is not limited to 
sailboat regattas, boat parades, power boat racing, swimming events, 
crew racing, canoe and sailboard racing. It is categorically excluded 
from further review under paragraph 34(h) 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.

G. 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.

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. In Sec.  100.501, in the Table to Sec.  100.501, under ``(c.) Coast 
Guard Sector Hampton Roads--COTP Zone,'' add entry 10, effective from 1 
p.m. on October 24 through 1:30 p.m. on October 25, 2015, to read as 
follows:


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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                                                  * * * * * * *
10...........................  October-second   Hampton Roads..  Hampton History  Regulated area includes all
                                to last                           Museum and       waters of the Hampton River,
                                weekend.                          City of          near the Crowne Plaza Hampton
                                                                  Hampton Parks    Marina, bounded by the
                                                                  and Recreation.  shoreline and a line drawn
                                                                                   from 37[deg]01'30.09'' N./
                                                                                   076[deg]20'25.44'' W., to
                                                                                   37[deg]01'29.47'' N./
                                                                                   076[deg]20'24.24'' W., to
                                                                                   37[deg]01'22.93'' N./076[deg]-
                                                                                   20'-30.62'' W., to
                                                                                   37[deg]01'24.47'' N./
                                                                                   076[deg]20'31.43'' W. (NAD
                                                                                   1983), in Hampton, Virginia.
 
                                                  * * * * * * *
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    Dated: October 13, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-26962 Filed 10-21-15; 8:45 am]
 BILLING CODE 9110-04-P