[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50224-50227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12845]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0506]
RIN 1625-AA08


Special Local Regulation; Elizabeth River, Norfolk Harbor, 
Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulation for 
waters of the Elizabeth River, in Norfolk, Virginia to protect 
personnel, vessels, and the marine environment from potential hazards 
created by a boat parade that is scheduled for the afternoon of June 
15, 2024. Parade participants operating within the regulated area must 
comply with all instructions given by the on-scene Patrol Commander 
(PATCOM). Vessels or persons entering the regulated area during the 
enforcement period are subject to the direction and control of the on-
scene PATCOM as designated and specifically authorized by the Captain 
of the Port, Sector Virginia.

DATES: This rule is effective on June 15, 2024, from noon to 6 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0506 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LCDR Ashley Holm, Sector Virginia Waterways Management 
Division, U.S. Coast Guard; telephone 757-668-5581, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander

[[Page 50225]]

Sec.  Section
SLR Special Local Regulation
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) because it would be impracticable to publish an NPRM, 
consider comments, and publish a final rule before this rule needs to 
be in place to serve its purpose. The Coast Guard only recently learned 
that the number of participants in this event will be significantly 
larger than originally anticipated, and that an existing rule to 
address this event will be inadequate to regulate vessel traffic.
    The marine event sponsor of a boat parade is expecting to draw a 
high concentration of vessels to the Norfolk Harbor area along the 
proposed parade route. Traditionally, the Norfolk Harbor area serves as 
a major thoroughfare for commercial traffic, naval operations, ferry 
routes, and several other recreational uses through the connecting 
waters of the James River, Elizabeth River, and Lower Chesapeake Bay. 
The Coast Guard is establishing a Special Local Regulation (SLR) to 
monitor the parade before, during, and after the event to minimize 
impacts on this congested waterway. We must promulgate this rule by 
June 15, 2024, to ensure the safety of individuals, property, and the 
marine environment.
    Also, 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. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
respond to the potentially significant increase in vessel traffic not 
local to the area and to the risks associated with large congregations 
of vessels navigating unfamiliar waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. Captains of the Port are authorized by 33 CFR 100.35 to issue 
SLRs. The Captain of the Port (COTP), Sector Virginia has determined 
that potential hazards associated with the proposed parade starting 
June 15, 2024, will be a safety concern for anyone within the vicinity 
of the parade route. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the SLR 
during the enforcement period of this rule.

IV. Discussion of the Rule

    This rule establishes an SLR from noon until 6 p.m. on June 15, 
2024. The SLR will cover all navigable waters within the Elizabeth 
River from shoreline to shoreline beginning in the vicinity of the 
Craney Island Flats proceeding south through the Norfolk Harbor Reaches 
and ending at the Waterside District in Norfolk, Virginia, to promote 
safety along the ``Mid-Atlantic Trump Boat Parade'' route. The southern 
boundaries of the SLR are bound by the following fixed structures; all 
waters north of the I-264 Norfolk/Portsmouth (Downtown Tunnel), east of 
the West Norfolk Bridge and west of the Berkley Bridge. This SLR will 
also temporarily establishes the southern area of Anchorage N (Hospital 
Point) as a First Amendment area, where people may lawfully assemble 
and convey their message in a safe manner to their intended audience, 
to be used at the discretion of the Coast Guard Patrol Commander 
(PATCOM) as a spectator area. All waters from surface to bottom within 
the southern area of Anchorage N (Hospital Point), as specified in 33 
CFR 110.168 and bound by a northern boundary line drawn easterly from 
Hospital Point.
    The duration of the SLR has been tailored to protect personnel, 
vessels, and the marine environment in these navigable waters when the 
parade is scheduled to occur, while minimizing the burden on routine 
vessel traffic. Vessels or persons entering the SLR during the 
enforcement period are subject to the direction and control of the on-
scene PATCOM, as designated and specifically authorized by the Captain 
of the Port, Virginia.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on two 
considerations. The special local regulation will be enforced for only 
six hours on one day. Also, persons and vessels may still enter, 
transit through, anchor in, or remain within the regulated area or 
anchor in the spectator area, during the enforcement period if 
authorized by the COTP Virginia or a designated representative, who 
will be onsite to direct the movement of vessels such that unsafe 
conditions are avoided but will otherwise not interfere with commercial 
vessels or normal traffic in the 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 
safety zone 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 
call or email 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

[[Page 50226]]

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.

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 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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 an SLR 
lasting only 6 hours that will monitor entry to the SLR for the 
duration of the enforcement period to cover before, during and after 
the parade has concluded. It is categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Memorandum For Record supporting this 
determination is available. For instructions on locating the docket, 
see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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. All non-participant vessels or 
persons engaged in protest activity will be directed to the southern 
part of Anchorage N (Hospital Point) if they wish to remain in the 
regulated area.

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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100. T599-0506 to read as follows:


Sec.  100. T599-0506  Special Local Regulation; Elizabeth River, 
Norfolk Harbor, Norfolk, VA.

    (a) Regulated area. The regulations in this section apply to the 
following areas (coordinates are based on Datum NAD 1983):
    (1) All navigable waters of Hampton Roads Harbor, from surface to 
bottom, encompassed by a line connecting the following northern 
boundary points beginning from a position on the north coast of the 
Craney Island Disposal Area at 36[deg]55.49' N, 076[deg]22.40' W; 
leading north to position 36[deg]56.64' N, 076[deg]22.40' W; then east 
to the coast of Norfolk at 36[deg]56.64' N, 076[deg]19.73' W following 
all waters of the Elizabeth River from shoreline to shoreline; Craney 
Island Flats, Craney Island Reach, Lamberts Bend to Town Point Reach 
from surface to bottom, encompassed by the following southern boundary 
points; all waters west of the Berkely Bridge, north of the I-264 
Norfolk/Portsmouth (Downtown Tunnel) and east of the West Norfolk 
Bridge. Any waters that are covered by a Department of Defense 
Restricted Area or Danger Zone are excluded from this regulated area.
    (2) All navigable waters from surface to bottom within the southern 
area of Anchorage N (Hospital Point), as specified in 33 CFR 110.168, 
and bound by a northern boundary line drawn easterly from Hospital 
Point.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local law 
enforcement officer designated by or assisting the Captain of the Port 
Sector Virginia (COTP) in the enforcement of the regulations in this 
section.
    Participant means all persons and vessels directly engaged in the 
parade present within the established SLR during the enforcement period 
of the parade.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or getting underway within 
the regulated area described in paragraph (a)(1) of this section unless 
authorized by the Captain of the Port, Sector Virginia, or their 
designated representative.
    (2) To seek permission to enter, contact the COTP by calling the 
Sector Virginia Command Center at 757-638-6635 or contact the COTP's 
designated representative on Marine band Radio, VHF-FM channel 16 
(156.8 MHz). Those in the regulated area must comply with all lawful 
orders or directions given to them by the COTP or the designated 
representative.
    (3) All non-participants, including those engaged in protest 
activity, may be directed by a designated representative to enforcement 
area described in section (a)(2) of this section, where they must 
remain during the effective period unless otherwise authorized or 
directed.
    (4) The COTP will provide notice of the regulated area via 
broadcast notice to mariners and by on-scene designated 
representatives.
    (d) Enforcement period. This section will be enforced from noon to 
6 p.m. on Saturday, June 15, 2024.


[[Page 50227]]


    Dated: June 7, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-12845 Filed 6-12-24; 8:45 am]
BILLING CODE 9110-04-P