[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Proposed Rules]
[Pages 12746-12749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4937]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / 
Proposed Rules

[[Page 12746]]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-07-012]
RIN 1625-AA08


Special Local Regulations for Marine Events; Sail Virginia 2007, 
Port of Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations for ``Sail Virginia 2007'' marine event. This action is 
necessary to provide for the safety of life on navigable waters before, 
during, and after Sail Virginia 2007 activities. This proposed action 
is intended to restrict vessel traffic in the vicinity of the tall ship 
parade as the parade transits the Chesapeake Bay, Hampton Roads, the 
James and Elizabeth Rivers and Norfolk Harbor.

DATES: Comments and related material must reach the Coast Guard on or 
before April 18, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 415 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 391-8149. The Inspections and 
Investigations Branch, Fifth Coast Guard District, maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG TaQuitia Winn, U.S. Coast Guard 
Sector Hampton Roads, at (757) 668-5580.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-07-
012), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one 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

    During the period June 7-12, 2007, the City of Norfolk and Norfolk 
Festevents Ltd. will sponsor ``Sail Virginia 2007'', a tall ships 
marine event. The six-day event will include more than twenty tall 
ships from around the world in recognition of the Jamestown 1606-1607 
voyage, commemorating the 400th anniversary of our nation's birth 
place. More than 25 tall ships from around the world have been invited 
to participate.
    Planned events in the Port of Hampton Roads include: The arrival of 
more than 20 tall ships and other vessels at Lynnhaven Anchorage on 
June 7 and 8, 2007; a Parade of Sail of approximately 20 tall ships and 
other vessels from there respective anchorages to Town Point Park, 
downtown Norfolk, on June 8, 2007; fireworks display adjacent to the 
Norfolk and Portsmouth seawalls on June 9, 2007; and the scheduled 
departure of the majority of vessels on June 12, 2007. This event will 
be combined with the annual Norfolk Harborfest held each June.
    The Parade of Sail event planned during this period will be 
conducted on the waters of the Chesapeake Bay, Hampton Roads the 
Elizabeth River and Norfolk Harbor, Virginia. Vessels participating in 
the ``Tall Ships Parade of Sail'' will rendezvous on June 8, 2007 in 
the vicinity of Thimble Shoal Channel lighted bell buoy ``13'' LLNR 
9275 as depicted on NOAA Chart 12222 and will proceed inbound through 
the Elizabeth River to Norfolk Harbor Entrance Reach terminating at the 
Norfolk Harbor waterfront.
    The Coast Guard anticipates numerous spectator craft for these 
events. Operators should expect significant vessel congestion along the 
parade route and viewing areas for the fireworks display.
    The purpose of these regulations is to promote maritime safety and 
protect participants and the boating public in the Port of Hampton 
Roads during the ``Tall Ship's Parade of Sail'' event. The regulations 
will establish a clear parade route for the participating vessels and 
no wake zones along the parade route. The regulations will impact the 
movement of all vessels operating in the specified areas of the Port.
    Vessel operators are also reminded that Norfolk Naval Base will be 
strictly enforcing the existing restricted area defined at 33 CFR 
334.300 during all Sail Virginia 2007 activities.
    We recommend that vessel operators visiting the Port of Hampton 
Roads for this event obtain up to date editions of the following charts 
of the area: Nos. 12222, 12245, 12253, and 12254 to avoid anchoring 
within charted cable or pipeline areas.
    With the arrival of Sail Virginia 2007 and spectator vessels in the 
Port of Hampton Roads for this event, it may be necessary to curtail 
normal port operations to some extent. Interference will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
events.
    Because of the danger posed by numerous sailing vessels maneuvering 
in close proximity of each other during the parade, special local 
regulations are necessary. For the safety concerns noted

[[Page 12747]]

and to address the need for vessel control and vessel safety, all 
vessel traffic will be temporarily restricted in the vicinity of the 
parade to provide for the safety of participants, spectators and 
transiting vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to establish temporary special local 
regulations on specified waters of Chesapeake Bay, Thimble Shoal 
Channel, Hampton Roads, Elizabeth River, Norfolk Harbor Reach and 
Norfolk waterfront. The Parade of Sail will consist of naval vessels, 
private vessels, and tall ships that are scheduled to enter Thimble 
Shoal Channel at approximately 7:30 a.m. on June 8, 2007. The ships 
will rendezvous at Thimble Shoal Channel in the vicinity of Thimble 
Shoal lighted bell buoy ``13'' LLNR 9275, and will proceed inbound 
through Thimble Shoal Channel. The lead vessel is scheduled to be 
abreast of Old Point Comfort Light at approximately 9:30 a.m. The 
parade route includes Norfolk Harbor Entrance Reach, Norfolk Harbor 
Reach, Craney Island Reach, Lambert Bend, Port Norfolk Reach and Town 
Point Reach. The larger Sail Virginia 2007 vessels will be berthed in 
the vicinity of the respective downtown Norfolk and Portsmouth 
waterfronts as they complete the parade route.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the parade. Because of the danger posed by numerous sailing 
vessels maneuvering in close proximity of each other and the spectator 
vessels during the proposed marine event, special local regulations are 
necessary. In order to provide for the safety of parade participants 
and spectator vessels the Coast Guard proposes establishing a regulated 
area restricting all vessel traffic from maneuvering within 100 yards 
abeam of the parade, 300 yards ahead of the parade and all waters 
within the parade on June 8, 2007. The duration of the proposed Parade 
of Sail is anticipated to be approximately seven hours.
    The proposed temporary special local regulations will be enforced 
from 6 a.m. to 3 p.m. on June 8, 2007 for the ``Sail Virginia 2007'' 
Parade of Sail. These regulations will restrict general navigation in 
the regulated area during the marine event. The Coast Guard, at its 
discretion, when practical, will allow the passage of vessels when the 
parade is not taking place. 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 during the 
enforcement period. These regulations are needed to control vessel 
traffic during the event to enhance the safety of participants, 
spectators and transiting vessels.
    In order to provide for the safety of vessels transiting the area 
or observing the fireworks display, the Coast Guard intends to 
implement the regulations found at 33 CFR 100.501 from 9 p.m. to 11 
p.m. on June 9, 2007.

Regulatory Evaluation

    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. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the Parade of Sail. Although 
these regulations prevent traffic from transiting a portion of the 
Chesapeake Bay and Elizabeth River during this event, that restriction 
is limited to approximately seven hours in duration, affects only a 
limited area that is totally contained within an already established 
regulated navigation area, and will be well publicized to allow 
mariners to make alternative plans for transiting the affected area. 
Moreover, the nature of the event itself may hamper or prevent transit 
of the waterway, even absent these regulations designed to ensure it is 
conducted in a safe and orderly fashion. Extensive advance 
notifications will be made to the maritime community via Local Notice 
to Mariners, marine information broadcasts, area newspapers and local 
radio stations, so mariners can adjust their plans accordingly.

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 proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to operate or anchor in portions of the 
Chesapeake Bay, Hampton Roads, Elizabeth River, Norfolk Harbor from 7 
a.m. until 3 p.m. June 8, 2007 during this event.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons: this 
proposed rule would be in effect for only a limited period, affect only 
limited areas that are totally contained within an already established 
regulated navigation area, and marine advisories will be issued 
allowing mariners to adjust their plans accordingly. Vessel traffic may 
be allowed to pass through the regulated areas with the permission of 
the Coast Guard Patrol Commander. In the case where the Patrol 
Commander authorizes passage through a regulated area during an event, 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the event.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 U.S. Coast Guard Sector Hampton 
Roads, at the address listed under ADDRESSES. 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.

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).

[[Page 12748]]

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 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 Commandant Instruction 
M16475.lD, and Department of Homeland Security Management Directive 
5100.1 which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34) (h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under that section.
    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. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

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 is revised to read as 
follows:

    Authority: 33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35-T07-012 to read as follows:


Sec.  100.35-T07-012  Special Local Regulations; Sail Virginia 2007, 
Port of Hampton Roads, VA.

    (a) Regulated area. The regulated area includes navigable waters 
within and 100 yards abeam of, 300 yards ahead of, and all waters 
between participating vessels transiting the Chesapeake Bay Thimble 
Shoal Channel, Hampton Roads Norfolk Harbor Entrance Reach, Elizabeth 
River Craney Island Reach, Lambert Bend, Lambert Bend to Pinner Point, 
Pinner Point to Town Point Reach, Town Point Reach to Norfolk Harbor, 
Virginia in support of the ``Sail Virginia 2007'' Parade of Sail marine 
event.
    (b) Definitions. (1) Coast Guard Patrol Commander means any 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Hampton Roads.
    (2) Official Patrol means any person or vessel authorized by the 
Coast Guard Patrol Commander or approved by Commander, Coast Guard 
Sector Hampton Roads to enforce this special local regulation.
    (3) Sail Virginia 2007 Vessels includes all vessels participating 
in Sail Virginia 2007 under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by Commander, Coast Guard 
Sector Hampton Roads.
    (4) Parade of Sail is the inbound procession of Sail Virginia 2007 
vessels as they navigate designated routes in the port of Hampton Roads 
on June 8, 2007.
    (5) Spectator vessel includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers that are 
in the Port of Hampton Roads to observe part or all of

[[Page 12749]]

the events attendant to Sail Virginia 2007.
    (c) Special local regulations. (1) Except for the Official Patrol, 
participants, and persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) Any person in the regulated area must stop immediately when 
directed to do so by any Official Patrol and then proceed only as 
directed.
    (3) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (4) When authorized to transit within the regulated area, all 
vessels shall proceed at the minimum speed necessary to maintain a safe 
course that minimizes wake near the parade and near other persons and 
vessels.
    (5) The Coast Guard vessels enforcing this section can be contacted 
on VHF-FM Marine Band Radio, Channels 13 and 16. Coast Guard Sector 
Hampton Roads can be contacted at telephone number (757) 638-6633.
    (6) Coast Guard Sector Hampton Roads will notify the public of 
changes in the status of this section by Marine Safety Radio Broadcast 
on VHF-FM Marine Band Radio, Channel 22 (157.1 MHz).
    (d) Enforcement period. This section will be enforced from 6 a.m. 
June 8, 2007, to 11 p.m. June 9, 2007.

    Dated: March 8, 2007.
Larry L. Hereth
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-4937 Filed 3-16-07; 8:45 am]
BILLING CODE 4910-15-P