Rule2024-12845
Special Local Regulation; Elizabeth River, Norfolk Harbor, Norfolk, VA
Primary source
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Published
June 13, 2024
Effective
June 15, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#efae9c87838a96c1aac1a7808382af9a9c8c88c1828683"><span class="__cf_email__" data-cfemail="3f7e4c57535a46117a11775053527f4a4c5c5811525653">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on June 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.