[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
[Page 35926-35928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0065]
RIN 1625-AA00
Safety Zone: Stars and Stripes Fourth of July Fireworks Event,
Nansemond River, Suffolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Nansemond
River in Suffolk, VA in support of the Stars and Stripes Fourth of July
Fireworks event. This action is intended to restrict vessel traffic
movement on the Nansemond River to protect mariners from the hazards
associated with fireworks displays.
DATES: This rule is effective from 9 p.m. until 10 p.m. on July 4,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0065 and are available online
at www.regulations.gov. They are also available for inspection or
copying in two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays; and the Sector
Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th Floor,
Norfolk, VA 23510 between 9 a.m. and 2 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Bill Clark, Chief Waterways Management
Division, Sector Hampton Roads at (757) 668-5580. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 31, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: Stars and Stripes Fourth of July Fireworks
Event, Nansemond River, Suffolk, VA in the Federal Register (73 FR
16809). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
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 contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters. Additionally, this
temporary safety zone will only be enforced for a limited time and is
of a limited size, the zone should have minimal impact on the public
due to the fact that vessels can safely transit through the zone when
authorized by the Captain of the Port or his Representative, the public
is not precluded from using any portion of the waterway except the
safety zone area itself.
Background and Purpose
On July 04, 2008, Suffolk Parks and Recreation will sponsor a
fireworks display along the shoreline in position 36[deg]44'27.3''N/
76[deg]34'42'' W (NAD 1983). Due to the need to protect the maritime
public from the hazards associated with the fireworks display, access
will be temporarily restricted within 600 feet of the fireworks launch
site.
Discussion of Rule
The Coast Guard is establishing a safety zone on specified waters
of the Nansemond River in the vicinity of Constant's Wharf in Suffolk,
VA. This safety zone will encompass all navigable waters within 600
feet of the fireworks barge located in position 36[deg]-44'-27.3''N/
076[deg]-34'-42'' W (NAD 1983). This regulated area will be established
in the interest of public safety during the Stars and Stripes
spectacular event and will be enforced from 9 p.m. to 10 p.m. on July
04, 2008. Access within the safety zone will be restricted during the
specified date and times. Except for those authorized by the Coast
Guard Captain of the Port or his representative, no person or vessel
may enter or remain in the regulated area.
Discussion of Comments and Changes
No comments were received for this proposed rule. Two changes were
made from the original proposal. These changes reduce the time that
this regulated area will be enforced by three hours and expands the
size of the zone by 100 feet.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime
[[Page 35927]]
advisories 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 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the specified zone area during the enforcement period.
The safety zone will not have a significant economic impact on a
substantial number of small entities because the zone will only be
enforced for limited times and is of limited size. Additionally, vessel
traffic can pass safely around the zone. Before the effective period,
maritime advisories will be issued and made widely available to
waterway users.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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)(g), of the Instruction, from further environmental
documentation.
A final environmental analysis checklist and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 35928]]
requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-0065, to read as follows:
Sec. 165.T05-0065 Safety Zone: Stars and Stripes Fourth of July
Fireworks Event, Nansemond River, Suffolk, VA.
(a) Location. The following area is a safety zone: All navigable
waters of the Nansemond River, located within 600 feet of position
36[deg]-44'-27.3'' N/076[deg]-34'-42'' W (NAD 1983) in the vicinity of
Constant's Wharf, Suffolk, VA in the Captain of the Port Sector Hampton
Roads zone as defined in 33 CFR 3.25-10.
(b) Definition:
(1) As used in this section; Captain of the Port Representative
means any U.S. Coast Guard commissioned, warrant or petty officer who
has been authorized by the Captain of the Port Hampton Roads, Virginia
to act on his behalf.
(c) Regulation:
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Hampton Roads or his designated representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port Hampton Roads and the Sector Duty
Officer at Sector Hampton Roads in Portsmouth, Virginia can be
contacted at telephone number (757) 668-5555 or (757) 484-8192.
(4) The Captain of the Port Representative enforcing the safety
zone can be contacted on VHF-FM marine band radio, channel 13 (156.65
MHz) and channel 16 (156.8 MHz).
(d) Effective Period: This regulation will be effective from 9 p.m.
to 10 p.m. on July 4, 2008.
Dated: June 13, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-14348 Filed 6-24-08; 8:45 am]
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