80_FR_64120 80 FR 63916 - Special Local Regulation for Battle of Hampton; Hampton River, Hampton, VA

80 FR 63916 - Special Local Regulation for Battle of Hampton; Hampton River, Hampton, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range63916-63918
FR Document2015-26962

The Coast Guard is establishing a special local regulation on the navigable waters of Hampton River, in the vicinity of the Crowne Plaza Hampton Marina in Hampton, Virginia. This regulated area will restrict vessel movement in the specified area during the revolutionary sea battle re-enactment Battle of Hampton. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the re-enactment.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63916-63918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26962]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0820]
RIN 1625-AA08


Special Local Regulation for Battle of Hampton; Hampton River, 
Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on 
the navigable waters of Hampton River, in the vicinity of the Crowne 
Plaza Hampton Marina in Hampton, Virginia. This regulated area will 
restrict vessel movement in the specified area during the revolutionary 
sea battle re-enactment Battle of Hampton. This action is necessary to 
provide for the safety of life and property on the surrounding 
navigable waters during the re-enactment.

DATES: This rule is effective from 1 p.m. on October 24 through 1:30 
p.m. on October 25, 2015. This rule will only be enforced from 1:00 
p.m. to 1:30 p.m. each day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0820 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; 757-668-5580, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule due to the short time period between event 
planners notifying the Coast Guard of details concerning the event, on 
August 15, 2015, and publication of this special local regulation. As 
such, it is impracticable for the Coast Guard to provide a full comment 
period due to lack of time. Furthermore, delaying the effective date of 
this special local regulation would be contrary to the public interest 
as immediate action is needed to ensure the safety of the event 
participants, patrol vessels, spectator craft and other vessels 
transiting the event area. The Coast Guard will provide advance 
notifications to users of the affected waterway via marine information 
broadcasts, local notice to mariners. This same location is used for an 
annually occurring marine event, Blackbeard Festival, that is regulated 
under 33 CFR 100.501, Table to Sec.  100.501, section (c) line 1, and 
includes sea battle re-enactments and fireworks. The organizers wanted 
to hold an additional revolutionary sea battle re-enactment closer to 
the anniversary date of the actual historical battle in Hampton, VA. 
This event will become an annual marine event and will be scheduled to 
occur on the second to last weekend in October.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to the need for 
immediate action, the restriction on vessel traffic is necessary to 
protect life, property, and the environment; therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
special local regulation intended objectives of protecting persons and 
vessels, and enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    On October 24 and October 25, 2015, the Hampton History Museum and 
City of Hampton Parks and Recreation will sponsor the ``Battle of 
Hampton'' on the waters of the Hampton River in Hampton, VA. The event 
will consist of approximately four time-period vessels carrying out a 
revolutionary sea battle

[[Page 63917]]

re-enactment on the waters of the Hampton River. As part of the sea 
battle re-enactment, participants onboard the vessels will be firing 
off 18th century cannons and weapons aimed towards the shoreline. 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 sea battle re-enactment. The 
regulation at 33 CFR 100.501 will be enforced for the duration of the 
event. Under the provisions of 33 CFR 100.501, from 1 p.m. through 1:30 
p.m. on October 24 and October 25, 2015, vessels may not enter the 
regulated area unless they receive permission from the Coast Guard 
Patrol Commander.
    This special local regulation will restrict vessel movement in the 
navigable waters of the Hampton River from hazards associated with 
battle re-enactments. The potential hazards to mariners within the 
special local regulation include accidental shockwaves, flying debris 
and loud noises.

IV. Discussion of the Rule

    The Captain of the Port of Hampton Roads will establish a special 
local regulation on the waters of the Hampton River, near the Crowne 
Plaza Hampton Marina, bounded by the shoreline and a line drawn from 
37[deg]01'30.09'' N./076[deg]20'25.44'' W., to 37[deg]01'29.47'' N./
076[deg]20'24.24'' W., to 37[deg] 01'22.93'' N./076[deg]20'30.62'' W., 
to 37[deg]01'24.47'' N./076[deg]20'31.43'' W. (NAD 1983), in Hampton, 
Virginia. This regulation will be enforced on October 24 and October 
25, 2015 between the hours of 1 p.m. and 1:30 p.m. Access to the 
regulated area will be restricted during the specified date and time.
    Except for vessels authorized by the Captain of the Port or his 
Representative, no person or vessel may enter or remain in the 
regulated area during the time frame listed. The COTP will give notice 
of the enforcement of the regulated area by all appropriate means to 
provide the widest dissemination of notice among the affected segments 
of the public. This will include publication in the Local Notice to 
Mariners and Marine Information Broadcasts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the restricted area. Although 
this regulation restricts access to the regulated area, the effect of 
this rule will not be significant because: (i) This rule will only be 
enforced for the limited size and duration of the event; and (ii) the 
Coast Guard will make extensive notification to the maritime community 
via marine information broadcasts so mariners may adjust their plans 
accordingly.

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.
    This rule affects the following entities, some of which might be 
small entities: the owners or operators of vessels intending to transit 
or anchor in waters of the Hampton River, during the enforcement 
period.
    This regulated area will not have a significant economic impact on 
a substantial number of small entities for the following reasons: (i) 
it will only be in effect for a limited duration, and (ii) before the 
enforcement period, Sector Hampton Roads will issue maritime advisories 
widely available to users of the Hampton River, allowing mariners to 
adjust their plans accordingly.
    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 
contact 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 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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

[[Page 63918]]

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 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 
sailboat regattas, boat parades, power boat racing, swimming events, 
crew racing, canoe and sailboard racing. It is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

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: 33 U.S.C. 1233.


0
2. In Sec.  100.501, in the Table to Sec.  100.501, under ``(c.) Coast 
Guard Sector Hampton Roads--COTP Zone,'' add entry 10, effective from 1 
p.m. on October 24 through 1:30 p.m. on October 25, 2015, to read as 
follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *

                                             Table to Sec.   100.501
----------------------------------------------------------------------------------------------------------------
             No.                     Date            Event           Sponsor                 Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                (c.) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
10...........................  October-second   Hampton Roads..  Hampton History  Regulated area includes all
                                to last                           Museum and       waters of the Hampton River,
                                weekend.                          City of          near the Crowne Plaza Hampton
                                                                  Hampton Parks    Marina, bounded by the
                                                                  and Recreation.  shoreline and a line drawn
                                                                                   from 37[deg]01'30.09'' N./
                                                                                   076[deg]20'25.44'' W., to
                                                                                   37[deg]01'29.47'' N./
                                                                                   076[deg]20'24.24'' W., to
                                                                                   37[deg]01'22.93'' N./076[deg]-
                                                                                   20'-30.62'' W., to
                                                                                   37[deg]01'24.47'' N./
                                                                                   076[deg]20'31.43'' W. (NAD
                                                                                   1983), in Hampton, Virginia.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: October 13, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-26962 Filed 10-21-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                  63916               Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                                                           Name of product/data/publication/information/service                                                                            Current fee              New fee

                                                       Icosahedron Globe ...........................................................................................................................................                      1.00            1.00
                                                       Convert Data to Standard Image .....................................................................................................................                               6.00            8.00
                                                       Single Orbit OLS & Subset ..............................................................................................................................                         18.00            19.00
                                                       Single Orbit OLS & Subset, Additional Orbits ..................................................................................................                                    5.00            6.00
                                                       Geolocated Data ...............................................................................................................................................                  47.00            50.00
                                                       Subset of Pre-existing Geolocated Data ..........................................................................................................                                28.00            32.00
                                                       Global Nighttime Lights Annual Composite from One Satellite .......................................................................                                       74,032.00           74,924.00
                                                       Most Recent DMSP–OLS Thermal Band/Cloud Cover Mosaics from Multiple Satellites ...............................                                                                 259.00                 *
                                                       Daily or Nightly Global Mosaics (visible & thermal band, single spectral band or environmental data) .........                                                                 241.00            332.00
                                                       Global Nighttime Lights Lunar Cycle ................................................................................................................                        6,531.00           8,259.00
                                                       Radiance Calibrated Global DMSP–OLS Nighttime Lights Annual Composite from One Satellite ................                                                                 82,075.00                   *
                                                       Research Data Series CD–ROM/DVD .............................................................................................................                                    25.00            25.00
                                                       Custom Analog Plotter Prints ...........................................................................................................................                         60.00                *
                                                       NOS Bathymetric Maps and Miscellaneous Archived Publication Inventory ...................................................                                                          7.00            8.00
                                                       Global Annual Composite of Nighttime Lights in Monthly Increments From One Satellite .............................                                                          8,305.00          10,794.00
                                                       High Definition Geomagnetic Model .................................................................................................................                       20,060.00           20,262.00
                                                       Provision of Global Nighttime VIIRS day/night band data in geotiff format .....................................................                                   ........................    55,727.00
                                                       Provision of Global Nighttime VIIRS day/night band data in HDF5 Format ....................................................                                       ........................    27,888.00
                                                       Provision of regional data from the VIIRS instrument on a daily basis ...........................................................                                 ........................    14,306.00
                                                     * Reflects a product no longer offered.


                                                  [FR Doc. 2015–26850 Filed 10–21–15; 8:45 am]                           FOR FURTHER INFORMATION CONTACT:     If                                   public interest as immediate action is
                                                  BILLING CODE 3510–22–P                                                 you have questions on this rule, call or                                  needed to ensure the safety of the event
                                                                                                                         email LCDR Barbara Wilk, Waterways                                        participants, patrol vessels, spectator
                                                                                                                         Management Division Chief, Sector                                         craft and other vessels transiting the
                                                  DEPARTMENT OF HOMELAND                                                 Hampton Roads, Coast Guard; 757–668–                                      event area. The Coast Guard will
                                                  SECURITY                                                               5580, email HamptonRoadsWaterway@                                         provide advance notifications to users of
                                                                                                                         uscg.mil.                                                                 the affected waterway via marine
                                                  Coast Guard                                                            SUPPLEMENTARY INFORMATION:                                                information broadcasts, local notice to
                                                                                                                                                                                                   mariners. This same location is used for
                                                  33 CFR Part 100                                                        I. Table of Abbreviations                                                 an annually occurring marine event,
                                                  [Docket Number USCG–2015–0820]                                         CFR Code of Federal Regulations                                           Blackbeard Festival, that is regulated
                                                                                                                         DHS Department of Homeland Security                                       under 33 CFR 100.501, Table to
                                                  RIN 1625–AA08                                                          E.O. Executive order                                                      § 100.501, section (c) line 1, and
                                                                                                                         FR Federal Register                                                       includes sea battle re-enactments and
                                                  Special Local Regulation for Battle of                                 NPRM Notice of proposed rulemaking                                        fireworks. The organizers wanted to
                                                  Hampton; Hampton River, Hampton,                                       Pub. L. Public Law
                                                                                                                                                                                                   hold an additional revolutionary sea
                                                  VA                                                                     § Section
                                                                                                                         U.S.C. United States Code                                                 battle re-enactment closer to the
                                                  AGENCY:     Coast Guard, DHS.                                                                                                                    anniversary date of the actual historical
                                                  ACTION:    Temporary final rule.                                       II. Background Information and                                            battle in Hampton, VA. This event will
                                                                                                                         Regulatory History                                                        become an annual marine event and
                                                  SUMMARY:    The Coast Guard is                                            The Coast Guard is issuing this                                        will be scheduled to occur on the
                                                  establishing a special local regulation on                             temporary rule without prior notice and                                   second to last weekend in October.
                                                  the navigable waters of Hampton River,                                 opportunity to comment pursuant to                                           We are issuing this rule, and under 5
                                                  in the vicinity of the Crowne Plaza                                    authority under section 4(a) of the                                       U.S.C. 553(d)(3), the Coast Guard finds
                                                  Hampton Marina in Hampton, Virginia.                                   Administrative Procedure Act (APA) (5                                     that good cause exists for making it
                                                  This regulated area will restrict vessel                               U.S.C. 553(b)). This provision                                            effective less than 30 days after
                                                  movement in the specified area during                                  authorizes an agency to issue a rule                                      publication in the Federal Register. Due
                                                  the revolutionary sea battle re-                                       without prior notice and opportunity to                                   to the need for immediate action, the
                                                  enactment Battle of Hampton. This                                      comment when the agency for good                                          restriction on vessel traffic is necessary
                                                  action is necessary to provide for the                                 cause finds that those procedures are                                     to protect life, property, and the
                                                  safety of life and property on the                                     ‘‘impracticable, unnecessary, or contrary                                 environment; therefore, a 30-day notice
                                                  surrounding navigable waters during the                                to the public interest.’’ Under 5 U.S.C.                                  is impracticable. Delaying the effective
                                                  re-enactment.                                                          553(b)(B), the Coast Guard finds that                                     date would be contrary to the special
                                                  DATES: This rule is effective from 1 p.m.                              good cause exists for not publishing a                                    local regulation intended objectives of
                                                  on October 24 through 1:30 p.m. on                                     notice of proposed rulemaking (NPRM)                                      protecting persons and vessels, and
                                                  October 25, 2015. This rule will only be                               with respect to this rule due to the short                                enhancing public and maritime safety.
                                                  enforced from 1:00 p.m. to 1:30 p.m.                                   time period between event planners
                                                  each day.                                                              notifying the Coast Guard of details                                      III. Legal Authority and Need for Rule
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  ADDRESSES: To view documents                                           concerning the event, on August 15,                                         On October 24 and October 25, 2015,
                                                  mentioned in this preamble as being                                    2015, and publication of this special                                     the Hampton History Museum and City
                                                  available in the docket, go to http://                                 local regulation. As such, it is                                          of Hampton Parks and Recreation will
                                                  www.regulations.gov, type USCG–2015–                                   impracticable for the Coast Guard to                                      sponsor the ‘‘Battle of Hampton’’ on the
                                                  0820 in the ‘‘SEARCH’’ box and click                                   provide a full comment period due to                                      waters of the Hampton River in
                                                  ‘‘SEARCH.’’ Click on Open Docket                                       lack of time. Furthermore, delaying the                                   Hampton, VA. The event will consist of
                                                  Folder on the line associated with this                                effective date of this special local                                      approximately four time-period vessels
                                                  rule.                                                                  regulation would be contrary to the                                       carrying out a revolutionary sea battle


                                             VerDate Sep<11>2014       17:45 Oct 21, 2015        Jkt 238001      PO 00000       Frm 00028       Fmt 4700      Sfmt 4700       E:\FR\FM\22OCR1.SGM             22OCR1


                                                                   Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations                                       63917

                                                  re-enactment on the waters of the                       A. Regulatory Planning and Review                     jurisdiction and you have questions
                                                  Hampton River. As part of the sea battle                   E.O.s 12866 and 13563 direct agencies              concerning its provisions or options for
                                                  re-enactment, participants onboard the                  to assess the costs and benefits of                   compliance, please contact the person
                                                  vessels will be firing off 18th century                 available regulatory alternatives and, if             listed in the FOR FURTHER INFORMATION
                                                  cannons and weapons aimed towards                                                                             CONTACT section.
                                                                                                          regulation is necessary, to select
                                                  the shoreline. To provide for the safety                                                                         Small businesses may send comments
                                                                                                          regulatory approaches that maximize
                                                  of participants, spectators, support and                                                                      on the actions of Federal employees
                                                                                                          net benefits. E.O. 13563 emphasizes the
                                                  transiting vessels, the Coast Guard will                                                                      who enforce, or otherwise determine
                                                                                                          importance of quantifying both costs
                                                  temporarily restrict vessel traffic in the                                                                    compliance with, Federal regulations to
                                                                                                          and benefits, of reducing costs, of
                                                  event area during the sea battle re-                                                                          the Small Business and Agriculture
                                                                                                          harmonizing rules, and of promoting
                                                  enactment. The regulation at 33 CFR                                                                           Regulatory Enforcement Ombudsman
                                                                                                          flexibility. This rule has not been
                                                  100.501 will be enforced for the                                                                              and the Regional Small Business
                                                                                                          designated a ‘‘significant regulatory
                                                  duration of the event. Under the                                                                              Regulatory Fairness Boards. The
                                                                                                          action,’’ under E.O. 12866. Accordingly,
                                                  provisions of 33 CFR 100.501, from 1                                                                          Ombudsman evaluates these actions
                                                                                                          it has not been reviewed by the Office
                                                  p.m. through 1:30 p.m. on October 24                                                                          annually and rates each agency’s
                                                                                                          of Management and Budget.
                                                  and October 25, 2015, vessels may not                                                                         responsiveness to small business. If you
                                                                                                             This regulatory action determination
                                                  enter the regulated area unless they                                                                          wish to comment on actions by
                                                                                                          is based on the size, location, duration,
                                                  receive permission from the Coast                                                                             employees of the Coast Guard, call 1–
                                                                                                          and time-of-year of the restricted area.
                                                  Guard Patrol Commander.                                                                                       888–REG–FAIR (1–888–734–3247). The
                                                                                                          Although this regulation restricts access
                                                     This special local regulation will                                                                         Coast Guard will not retaliate against
                                                                                                          to the regulated area, the effect of this
                                                  restrict vessel movement in the                                                                               small entities that question or complain
                                                                                                          rule will not be significant because: (i)
                                                  navigable waters of the Hampton River                                                                         about this rule or any policy or action
                                                                                                          This rule will only be enforced for the
                                                  from hazards associated with battle re-                                                                       of the Coast Guard.
                                                                                                          limited size and duration of the event;
                                                  enactments. The potential hazards to                    and (ii) the Coast Guard will make                    C. Collection of Information
                                                  mariners within the special local                       extensive notification to the maritime
                                                  regulation include accidental                                                                                   This rule will not call for a new
                                                                                                          community via marine information                      collection of information under the
                                                  shockwaves, flying debris and loud                      broadcasts so mariners may adjust their
                                                  noises.                                                                                                       Paperwork Reduction Act of 1995 (44
                                                                                                          plans accordingly.                                    U.S.C. 3501–3520).
                                                  IV. Discussion of the Rule                              B. Impact on Small Entities                           D. Federalism and Indian Tribal
                                                     The Captain of the Port of Hampton                      The Regulatory Flexibility Act of                  Governments
                                                  Roads will establish a special local                    1980, 5 U.S.C. 601–612, as amended,                      A rule has implications for federalism
                                                  regulation on the waters of the Hampton                 requires Federal agencies to consider                 under E.O. 13132, Federalism, if it has
                                                  River, near the Crowne Plaza Hampton                    the potential impact of regulations on                a substantial direct effect on the States,
                                                  Marina, bounded by the shoreline and a                  small entities during rulemaking. The                 on the relationship between the national
                                                  line drawn from 37°01′30.09″ N./                        term ‘‘small entities’’ comprises small               government and the States, or on the
                                                  076°20′25.44″ W., to 37°01′29.47″ N./                   businesses, not-for-profit organizations              distribution of power and
                                                  076°20′24.24″ W., to 37° 01′22.93″ N./                  that are independently owned and                      responsibilities among the various
                                                  076°20′30.62″ W., to 37°01′24.47″ N./                   operated and are not dominant in their                levels of government. We have analyzed
                                                  076°20′31.43″ W. (NAD 1983), in                         fields, and governmental jurisdictions                this rule under that Order and have
                                                  Hampton, Virginia. This regulation will                 with populations of less than 50,000.                 determined that it is consistent with the
                                                  be enforced on October 24 and October                   The Coast Guard certifies under 5 U.S.C.              fundamental federalism principles and
                                                  25, 2015 between the hours of 1 p.m.                    605(b) that this rule will not have a                 preemption requirements described in
                                                  and 1:30 p.m. Access to the regulated                   significant economic impact on a                      E.O. 13132.
                                                  area will be restricted during the                      substantial number of small entities.                    Also, this rule does not have tribal
                                                  specified date and time.                                   This rule affects the following                    implications under E.O. 13175,
                                                     Except for vessels authorized by the                 entities, some of which might be small                Consultation and Coordination with
                                                  Captain of the Port or his                              entities: the owners or operators of                  Indian Tribal Governments, because it
                                                  Representative, no person or vessel may                 vessels intending to transit or anchor in             does not have a substantial direct effect
                                                  enter or remain in the regulated area                   waters of the Hampton River, during the               on one or more Indian tribes, on the
                                                  during the time frame listed. The COTP                  enforcement period.                                   relationship between the Federal
                                                  will give notice of the enforcement of                     This regulated area will not have a                Government and Indian tribes, or on the
                                                  the regulated area by all appropriate                   significant economic impact on a                      distribution of power and
                                                  means to provide the widest                             substantial number of small entities for              responsibilities between the Federal
                                                  dissemination of notice among the                       the following reasons: (i) it will only be            Government and Indian tribes. If you
                                                  affected segments of the public. This                   in effect for a limited duration, and (ii)            believe this rule has implications for
                                                  will include publication in the Local                   before the enforcement period, Sector                 federalism or Indian tribes, please
                                                  Notice to Mariners and Marine                           Hampton Roads will issue maritime                     contact the person listed in the FOR
                                                  Information Broadcasts.                                 advisories widely available to users of               FURTHER INFORMATION CONTACT section
                                                                                                          the Hampton River, allowing mariners                  above.
                                                  V. Regulatory Analyses
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          to adjust their plans accordingly.
                                                    We developed this rule after                             Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                  considering numerous statutes and                       Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                  executive orders (E.O.s) related to                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                  rulemaking. Below we summarize our                      we want to assist small entities in                   Federal agencies to assess the effects of
                                                  analyses based on a number of these                     understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                  statutes and E.O.s, and we discuss First                would affect your small business,                     particular, the Act addresses actions
                                                  Amendment rights of protestors.                         organization, or governmental                         that may result in the expenditure by a


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                                                  63918              Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  State, local, or tribal government, in the                   users and shore side activities in the                   List of Subjects in 33 CFR Part 100
                                                  aggregate, or by the private sector of                       event area. The category of water
                                                  $100,000,000 (adjusted for inflation) or                     activities includes but is not limited to                  Marine safety, Navigation (water),
                                                  more in any one year. Though this rule                       sailboat regattas, boat parades, power                   Reporting and recordkeeping
                                                  will not result in such an expenditure,                      boat racing, swimming events, crew                       requirements, Waterways.
                                                  we do discuss the effects of this rule                       racing, canoe and sailboard racing. It is                  For the reasons discussed in the
                                                  elsewhere in this preamble.                                  categorically excluded from further                      preamble, the Coast Guard amends 33
                                                                                                               review under paragraph 34(h) of Figure
                                                  F. Environment                                                                                                        CFR part 100 as follows:
                                                                                                               2–1 of the Commandant Instruction. An
                                                    We have analyzed this rule under                           environmental analysis checklist
                                                  Department of Homeland Security                                                                                       PART 100—SAFETY OF LIFE ON
                                                                                                               supporting this determination and a                      NAVIGABLE WATERS
                                                  Management Directive 023–01 and                              Categorical Exclusion Determination are
                                                  Commandant Instruction M16475.lD,                            available in the docket where indicated
                                                  which guide the Coast Guard in                               under ADDRESSES. We seek any                             ■ 1. The authority citation for part 100
                                                  complying with the National                                  comments or information that may lead                    continues to read as follows:
                                                  Environmental Policy Act of 1969 (42                         to the discovery of a significant                            Authority: 33 U.S.C. 1233.
                                                  U.S.C. 4321–4370f), and have                                 environmental impact from this rule.
                                                  determined that this action is one of a                                                                               ■ 2. In § 100.501, in the Table to
                                                  category of actions that do not                              G. Protest Activities                                    § 100.501, under ‘‘(c.) Coast Guard
                                                  individually or cumulatively have a                            The Coast Guard respects the First                     Sector Hampton Roads—COTP Zone,’’
                                                  significant effect on the human                              Amendment rights of protesters.                          add entry 10, effective from 1 p.m. on
                                                  environment. This rule involves                              Protesters are asked to contact the                      October 24 through 1:30 p.m. on
                                                  implementation of regulations within 33                      person listed in the FOR FURTHER                         October 25, 2015, to read as follows:
                                                  CFR part 100 that apply to organized                         INFORMATION CONTACT section to
                                                  marine events on the navigable waters                        coordinate protest activities so that your               § 100.501 Special Local Regulations;
                                                  of the United States that may have                           message can be received without                          Marine Events in the Fifth Coast Guard
                                                  potential for negative impact on the                         jeopardizing the safety or security of                   District.
                                                  safety or other interest of waterway                         people, places or vessels.                               *        *    *       *   *

                                                                                                                           TABLE TO § 100.501
                                                       No.                 Date                        Event                      Sponsor                                              Location


                                                              *                       *                         *                          *                       *                      *                *

                                                                                                        (c.) Coast Guard Sector Hampton Roads—COTP Zone


                                                               *                    *                    *                          *                              *                   *                   *
                                                  10 ............   October-second to       Hampton Roads ...         Hampton History Museum                  Regulated area includes all waters of the Hampton River,
                                                                     last weekend.                                     and City of Hampton                      near the Crowne Plaza Hampton Marina, bounded by
                                                                                                                       Parks and Recreation.                    the shoreline and a line drawn from 37°01′30.09″ N./
                                                                                                                                                                076°20′25.44″ W., to 37°01′29.47″ N./076°20′24.24″
                                                                                                                                                                W., to 37°01′22.93″ N./076°¥20′¥30.62″ W., to
                                                                                                                                                                37°01′24.47″ N./076°20′31.43″ W. (NAD 1983), in
                                                                                                                                                                Hampton, Virginia.

                                                              *                       *                         *                          *                       *                      *                *



                                                    Dated: October 13, 2015.                                   ACTION:Notice of deviation from                          FOR FURTHER INFORMATION CONTACT:     If
                                                  Christopher S. Keane,                                        drawbridge regulation.                                   you have questions on this temporary
                                                  Captain, U.S. Coast Guard, Captain of the                                                                             deviation, call or email Ms. Judy K.
                                                  Port Hampton Roads.                                          SUMMARY:   The Coast Guard has issued a                  Leung-Yee, Project Officer, First Coast
                                                  [FR Doc. 2015–26962 Filed 10–21–15; 8:45 am]                 temporary deviation from the operating                   Guard District, telephone (212) 514–
                                                  BILLING CODE 9110–04–P
                                                                                                               schedule that governs the Metropolitan                   4330, email judy.k.leung-yee@uscg.mil.
                                                                                                               Ave. Bridge across the English Kills,
                                                                                                               mile 3.4, at Brooklyn, New York. This                    SUPPLEMENTARY INFORMATION:     The
                                                  DEPARTMENT OF HOMELAND                                       deviation is necessary to perform                        Metropolitan Ave. Bridge, mile 3.4,
                                                  SECURITY                                                     operating machinery installation. This                   across the English Kills has a vertical
                                                                                                               deviation allows the bridge to remain in                 clearance in the closed position of 10
                                                  Coast Guard                                                  the closed position for approximately 3                  feet at mean high water and 15 feet at
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                               days.                                                    mean low water. The existing bridge
                                                  33 CFR Part 117                                              DATES: This deviation is effective from
                                                                                                                                                                        operating regulations are found at 33
                                                  [Docket No. USCG–2015–0952]                                  6 a.m. on November 2, 2015 to 5 p.m.                     CFR 117.801(e).
                                                                                                               on November 5, 2015.                                       The waterway has one commercial
                                                  Drawbridge Operation Regulation;                                                                                      facility located upstream of the bridge.
                                                                                                               ADDRESSES: The docket for this
                                                  English Kills, Brooklyn, NY
                                                                                                               deviation, [USCG–2015–0952] is                             New York City DOT requested this
                                                  AGENCY:      Coast Guard, DHS.                               available at http://www.regulations.gov.                 temporary deviation from the normal


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Document Created: 2015-12-14 15:34:32
Document Modified: 2015-12-14 15:34:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 1 p.m. on October 24 through 1:30 p.m. on October 25, 2015. This rule will only be enforced from 1:00 p.m. to 1:30 p.m. each day.
ContactIf you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; 757-668-5580, email [email protected]
FR Citation80 FR 63916 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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