[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36468-36470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13413]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0355]
RIN 1625-AA08


Special Local Regulation for Marine Events; James River, 
Midlothian, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will establish a special local regulation 
during the VBC Sprints Regatta event on the James River. The event 
consists of a series of crew rowing and sculling races to be held on 
the waters of the James River, near Robious Landing Park in Midlothian, 
Virginia. This regulated area will restrict vessel traffic and is 
necessary to provide for the safety of life on the navigable waters 
during the event.

DATES: This rule is effective from 8:30 a.m. through 6 p.m. on June 18, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0355 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, U.S. Coast Guard; telephone 757-668-5580, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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 because information about the Regatta on June 
18, 2016 not received in sufficient time to permit publication of an 
NPRM.
    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 
regulated area's intended objectives of protecting persons and vessels, 
and enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this special local regulation under 
authority in 33 U.S.C. 1233. The Coast Guard is establishing a 
temporary special local regulation on specified waters of the James 
River near Robious Landing Park in Midlothian, Virginia. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the regulated area during the VBC Sprints 
Regatta.

IV. Discussion of the Rule

    The Captain of the Port Hampton Roads is establishing special local 
regulation on the specified waters of the James River bound by the 
following coordinates: 37[deg]33'35.193'' N. 077[deg]38'51.6156'' W.; 
thence to 37[deg]33'33.7608'' N./077[deg]38'51.1044'' W.; thence to 
37[deg]33'33.75'' N./077[deg]38'8.88'' W.; thence to 
37[deg]33'36.0174'' N./077[deg]38'8.8008'' W. (NAD 1983), in the 
vicinity of Robious Landing Park in Midlothian, VA. This regulated area 
still allows for navigation on the waterway. This regulated area will 
be enforced from 8:30 a.m. to 6 p.m. on June 18, 2016. 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.

[[Page 36469]]

    The Captain of the Port will utilize various methods, including 
those listed in 33 CFR 165.7, provide notice to the affected segments 
of the public of the regulated area and restrictions. This includes 
publication in the Local Notice to Mariners Broadcast and Marine 
Information Broadcasts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 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 regulated area. Vessel 
traffic will be able to safely transit around this regulated area which 
will impact a small designated area of the James River in Midlothian, 
VA for less than one day and in an area where vessel traffic is 
normally low. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the regulated area and the 
rule allows vessels to seek permission to enter the regulated area.

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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 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 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 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.

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

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

[[Page 36470]]

PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add temporary Sec.  100.35T05-0355 to read as follows:


Sec.  100.35T05-0355  James River, Midlothian, VA.

    (a) Definitions: For the purposes of this section, Captain of the 
Port means the Commander, Sector Hampton Roads. Representative means 
any Coast Guard commissioned, warrant or petty officer who has been 
authorized to act on the behalf of the Captain of the Port. 
Participants mean individuals and vessels involved in the rowing and 
sculling races of the VBC Sprints Regatta.
    (b) Location. The regulated area is established for the waters for 
the James River near the Robious Landing Park within the areas bounded 
by coordinates 37[deg]33'35.193'' N./077[deg]38'51.6156'' W.; thence to 
37[deg]33'33.7608'' N./077[deg]38'51.1044'' W.; thence to 
37[deg]33'33.75'' N./077[deg]38'8.88'' W.; thence to 
37[deg]33'36.0174'' N./077[deg]38'8.8008'' W. (NAD 1983) in Midlothian, 
VA.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing special local regulations in Sec.  100.35 
of this part.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.
    (3) All vessels underway within this regulated area at the time it 
is implemented are to depart the area immediately, unless they are 
participants.
    (4) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number (757) 668-5555.
    (5) The Coast Guard and designated security vessels enforcing the 
regulated area can be contacted on VHF-FM marine band radio channel 13 
(165.65Mhz) and channel 16 (156.8 Mhz).
    (6) This section does not apply to participants and vessels that 
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the regulated area by Federal, State, and local 
agencies.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. to 6 p.m. on June 18, 2016.

    Dated: May 17, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-13413 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P