Special Local Regulations for Marine Events; Norfolk Harbor, Elizabeth River, Norfolk, Virginia and Portsmouth, Virginia

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-97-007]

RIN 2115-AE46

Special Local Regulations for Marine Events; Norfolk Harbor,

Elizabeth River, Norfolk, Virginia and Portsmouth, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending permanent special local

regulations established for marine events held in the Norfolk Harbor,

Elizabeth River, between Norfolk and Portsmouth, Virginia, by

identifying specific annual events for which the regulated area will be

in effect. This rule updates the regulation in order to enhance the

safety of life and property during the events.

EFFECTIVE DATE: This final rule is effective on June 6, 1997.

FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, Search

and Rescue Branch, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 21, 1997, the Coast Guard published a notice of

proposed rulemaking entitled Special Local Regulations for Marine

Events; Norfolk Harbor, Elizabeth River, Norfolk, Virginia and

Portsmouth, Virginia, in the Federal Register (62 FR 7969). The Coast

Guard received no comments on the proposed rulemaking. No public

hearing was requested, and none was held. The final rule was

inadvertently published as a quarterly on 8 August 1997 (62 FR 42671).

Background and Purpose

33 CFR 100.501 established special local regulations for marine

events held in the Norfolk Harbor, Elizabeth River, between Norfolk and

Portsmouth, Virginia. The effect of these regulations is the control of

vessel traffic during marine events to enhance the safety of

participants, spectators, and transiting vessels. The regulations are

implemented at various times, for various events throughout the year by

publishing notice in the Federal Register and the Fifth Coast Guard

District Local Notice to Mariners. This rule updates the regulations to

reflect specific events for which the regulated area will be in effect.

Discussion of Comments and Changes

The Coast Guard received no comments on the proposed rulemaking;

however, the Coast Guard has learned that the sponsoring organization

for the Harborfest event will be Festevents, Ltd. Therefore, Table 1 of

the proposed rule has been amended to reflect this change.

Good Cause Statement

This final rule is effective in less than 30 days because it is

contrary to the public interest to delay the effective date because

timely action is required to protect vessel traffic and event

participants during these events.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has been exempted from review by the Office of Management and Budget

under that order. It is not significant under the regulatory policies

and procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

final rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. This rule merely changes the effective period of an

existing regulation and does not impose any new restrictions on vessel

traffic.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632). This rule does not impose any new restrictions on

vessel traffic, but merely changes the effective period of the

regulation. Therefore, the Coast Guard certifies under Section 605(b)

of the Regulatory Flexibility Act ( 5 U.S.C. 601 et seq.) that this

final rule will not have a significant economic impact on a substantial

number of small entities.

Collection of Information

This final rule contains no collection of information requirement

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

[[Page 46670]]

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under section 2.b.2.e(34)(h) of Commandant

Instruction M16475.1b (as amended, 61 FR 13564; 27 March 1996), this

rule is categorically excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the preamble, the Coast Guard amends 33

CFR part 100 as follows:

PART 100--[AMENDED]

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

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. Section 100.501 is amended by revising paragraph (c) and adding

Table 1 to read as follows:

Sec. 100.501 Norfolk Harbor, Elizabeth River, Norfolk, Virginia and

Portsmouth, Virginia.

* * * * *

(c) Effective periods. This section is effective annually for the

duration of each marine event listed in Table 1, or as otherwise

specified in the Coast Guard Local Notice to Mariners and a Federal

Register notice. The Coast Guard Patrol Commander will announce by

Broadcast Notice to Mariners the specific time periods during which the

regulations will be enforced.

Table 1 of Sec. 100.501

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Harborfest:

Sponsor: Festevents, Ltd.

Date: First Friday, Saturday, and Sunday in June

Great American Picnic:

Sponsor: Festevents, Ltd.

Date: July 4

Cock Island Race:

Sponsor: Ports Events, Inc.

Date: Third Saturday in July

Rendezvous at Zero Mile Marker:

Sponsor: Ports Events, Inc.

Date: Third Saturday in August

US Navy Fleet Week Celebration:

Sponsor: U.S. Navy

Date: Second Friday in October

Holidays in the City:

Sponsor: Festevents, Ltd.

Date: Fourth Saturday in November

New Years Eve Fireworks Display:

Sponsor: Festevents, Ltd.

Date: December 31

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Dated: May 30, 1997.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

[FR Doc. 97-23445 Filed 9-3-97; 8:45 am]

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