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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 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 action is intended to update the regulation in order to

enhance the safety of life and property during the events.

DATES: Comments must be received on or before April 22, 1997.

ADDRESSES: Comments may be mailed to Commander (Aosr), Fifth Coast

Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004,

or hand delivered to Room 516 at the same address between 7:30 a.m. and

5 p.m., Monday through Friday, except Federal holidays. The telephone

number is (757) 398-6204. Comments will become part of this docket and

will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:

S.L. Phillips, Project Manager, Search and Rescue Branch, at (757) 398-

6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comment should include their names and addresses,

identify this rulemaking (CGD 05-97-007) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgement of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes. The Coast Guard will consider all comments received during

the comment period. It may change this proposal in view of the

comments.

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The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the address listed under ADDRESSES. The

request should include the reasons why a hearing would be beneficial.

If it determines that the opportunity for oral presentations will aid

this rulemaking, the Coast Guard will hold a public hearing at a time

and place announced by a later notice in the Federal Register.

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 proposal would update the

regulations to reflect specific events for which the regulations will

be in effect.

Discussion of Proposed Rule

The Coast Guard proposes to amend the special local regulations

previously established for this event area by incorporating a table

which identifies the specific events during which the regulated area

will be in effect. Since this action will not increase the period of

time that the channel is restricted and the Coast Guard patrol

commander may stop any event to assist transit of vessels through the

regulated area, normal marine traffic should not be severely disrupted.

Regulatory Evaluation

This proposal 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

proposal to be so minimal that a full Regulatory Evaluation under

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

unnecessary. This proposal merely provides additional information to 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 proposal, if adopted, 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 (14 U.S.C. 632). Because it expects the impact of

this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.

605(b), that this proposal, if adopted, will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This proposal contains no collection of Information requirements

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

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal 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

proposal 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 proposes

to amend 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.

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

Harborfest

Sponsor: Norfolk Harborfest, Inc.

Date: First Friday, Saturday, and Sunday in June

Great American Picnic

Sponsor: Festevents, Inc.

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

U.S. Navy Fleet Week Celebration

Sponsor: U.S. Navy

Date: Second Friday in October

Holidays in the City

Sponsor: Festevents, Inc.

Date: Fourth Saturday in November

New Years Eve Fireworks Display

Sponsor: Festevents, Inc.

Date: December 31.

Dated: February 5, 1997.

Kent H. Williams,

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

[FR Doc. 97-4359 Filed 2-20-97; 8:45 am]

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