[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Proposed Rules]
[Page 17099-17103]
[DOCID:fr05ap10-26]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0180]
RIN 1625-AA08

Special Local Regulation for Marine Event; Temporary Change of
Dates for Recurring Marine Event in Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period of special local regulations for recurring marine events in
Fifth Coast Guard District. The regulation applies to one recurring
marine event that establishes two spectator vessel anchorage areas and
restricts vessel traffic. Special local regulations are necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in portions of the
Hampton River, Hampton, VA, and Sunset Creek, Hampton, VA during the
event.

DATES: Comments and related material must be received by the Coast
Guard on or before May 5, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0180 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LT Tiffany Duffy, Project Manager, Sector Hampton
Roads, Waterways Management Division, Coast Guard; telephone 757-668-
5580, e-mail

<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0180), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
deliver, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0180'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert USCG-2010-0180 and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Marine events are frequently held on the navigable waters within
the boundary of Fifth Coast Guard District. The water activities that
typically comprise marine events include sailing regattas, powerboat
races, swim races and holiday parades. For a description of the
geographical area of the Coast Guard Sector Hampton Roads Captain of
the Port Zone, please see 33 CFR 3.25-10.
    This regulation proposes to temporarily change the enforcement
period of special local regulations for recurring marine events within
Fifth Coast Guard District. This proposed regulation applies to one
marine event in 33 CFR 100.501, Table to Sec.  100.501.
    On July 9, 10, and 11, 2010, the City of Hampton and The Virginia
Air and Space Museum will sponsor the ``11th Hampton Blackbeard
Festival,'' a historic festival on the waters of the Hampton River near
Hampton, Virginia. The regulation at 33 CFR 100.501 is effective
annually for this marine event. The event will consist of three replica
pirate ships conducting a simulated wartime demonstration on July 10,
2010 from 11:30 a.m. to 2:30 p.m. and July 11, 2010 from 12:30 p.m. to
1:30 p.m. on the Hampton River in the vicinity of Mill Point Park,
Hampton, Virginia. The event will also consist of a fireworks display
on July 10, 2010 from 9 p.m to 10 p.m over the Hampton River in the
vicinity of Mill Point Park, Hampton, Virginia. A fleet of spectator
vessels is expected to gather near the event site to view the simulated
wartime demonstration and fireworks display. 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 demonstration and fireworks display. The regulation at 33 CFR
100.501 would be enforced for the duration of the event. Under
provisions of 33 CFR 100.501, from 11:30 a.m. to 2:30 p.m. and 9 p.m.
to 10 p.m. on July 10, 2010, and from 12:30 p.m. to 1:30 p.m. on July
11, 2010, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.501 by changing the date of enforcement in the table to
Sec.  100.501. The Coast Guard proposes to temporarily change the
enforcement period of special local regulations for recurring marine
events within Fifth Coast Guard District. This regulation applies to
only one marine event listed as number 36 in the Table to Sec.
100.501.

Hampton River, Hampton, VA

    The Table to Sec.  100.501, event No. 36 establishes the
enforcement date for the ``11th Hampton Blackbeard Festival''. This
regulation proposes to temporarily change the enforcement date from
``May--last Friday, Saturday and Sunday or June--1st Friday, Saturday,
and Sunday'' to the second Friday, Saturday and Sunday in July, holding
the event on July 9, 10, and 11, 2010. The temporary special local
regulations will be enforced from 11:30 a.m. to 2:30 p.m. and 9 p.m. to
10 p.m. on July 10, 2010, and from 12:30 p.m. to 1:30 p.m. on July 11,
2010 and will restrict general navigation in the regulated area during
the event. The City of Hampton and The Virginia Air and Space Museum
which is the sponsor for this event intends to hold this event
annually; however, they have requested to change the date of the

event for 2010 so that it is outside the scope of the existing
enforcement period. Except for participants and vessels authorized by
the Coast Guard Patrol Commander, no person or vessel will be allowed
to enter or remain in the regulated area. These regulations are needed
to control vessel traffic during the event to enhance the safety of
participants, spectators and transiting vessels.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    Although this proposed rule prevents traffic from transiting a
portion of certain waterways during specified events, the effect of
this regulation will not be significant due to the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated area that was
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases
vessel traffic may be able to transit the regulated area when the Coast
Guard Patrol Commander deems it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in the areas where
marine events are being held. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during marine events that have been permitted by
the Coast Guard Captain of the Port. The Captain of the Port will
ensure that small entities are able to operate in the areas where
events are occurring when it is safe to do so. In some cases, vessels
will be able to safely transit around the regulated area at various
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard will issue maritime advisories so mariners can adjust their
plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Sector Hampton Roads Project
Officer listed under FOR FURTHER INFORMATION CONTACT at the beginning
of this rule. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 or more
(adjusted for inflation) in any one year. Though this proposed rule
would not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action''

under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The
Administrator of the Office of Information and Regulatory Affairs has
not designated it as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which 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 sail
boat regattas, boat parades, power boat racing, swimming events, crew
racing, and sail board racing. Under figure 2-1, paragraph (34)(h), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

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 proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

    2. In Sec.  100.501, suspend from July 1, 2010 until July 31, 2010,
line No. 36 in the Table to Sec.  100.501.
    3. In Sec.  100.501, from July 1, 2010 until July 31, 2010, add
line No. 61 in Table to Sec.  100.501; to read as follows:

Sec.  100.501-T05-0180  Special Local Regulations; Recurring Marine
Event in the Fifth Coast Guard District.

    Table To Sec.  100.501.--All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
     Number                Date                  Event                 Sponsor                  Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
61..............  July 9-July 11, 2010.  Blackbeard Festival..  City of Hampton and    The waters of Sunset
                                                                 The Virginia Air and   Creek and Hampton River
                                                                 Space Center.          shore to shore bounded
                                                                                to the north by the C &
                                                                                O Railroad Bridge and to
                                                                                the south by a line
                                                                                drawn from Hampton River
                                                                                Channel Light 16 (LL
                                                                                5715), located at
                                                                                latitude
                                                                                37[deg]01'03.0'' N,
                                                                                longitude
                                                                                76[deg]20'26.0'' W, to
                                                                                the finger pier across
                                                                                the river at Fisherman's
                                                                                Wharf, located at
                                                                                latitude
                                                                                37[deg]01'01.5'' N,
                                                                                longitude
                                                                                76[deg]20'32.0'' W.
                                                                                Spectator Vessel
                                                                                Anchorage Areas--Area A:
                                                                                Located in the upper
                                                                                reaches of the Hampton
                                                                                River, bounded to the
                                                                                south by a line drawn
                                                                                from the western shore
                                                                                at latitude
                                                                                37[deg]01'48.0'' N,
                                                                                longitude
                                                                                76[deg]20'22.0'' W,
                                                                                across the river to the
                                                                                eastern shore at
                                                                                latitude
                                                                                37[deg]01'44.0'' N,
                                                                                longitude
                                                                                76[deg]20'13.0'' W, and
                                                                                to the north by the C &
                                                                                O Railroad Bridge. The
                                                                                anchorage area will be
                                                                                marked by orange buoys.
                                                                                Area B: Located on the
                                                                                eastern side of the
                                                                                channel, in the Hampton
                                                                                River, south of the
                                                                                Queen Street Bridge,
                                                                                near the Riverside
                                                                                Health Center. Bounded
                                                                                by the shoreline and a
                                                                                line drawn between the
                                                                                following points:
                                                                                Latitude
                                                                                37[deg]01'26.0'' N,
                                                                                longitude
                                                                                76[deg]20'24.0'' W,
                                                                                latitude
                                                                                37[deg]01'22.0'' N,
                                                                                longitude
                                                                                76[deg]20'26.0'' W, and
                                                                                latitude
                                                                                37[deg]01'22.0'' N,
                                                                                longitude
                                                                                76[deg]20'23.0'' W. The
                                                                                anchorage area will be
                                                                                marked by orange buoys.
----------------------------------------------------------------------------------------------------------------

    Dated: March 23, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-7571 Filed 4-2-10; 8:45 am]
BILLING CODE 9110-04-P