[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
[Page 35924-35926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0463]
RIN 1625-AA00
Safety Zone: Founder's Day Fireworks Event, Chesapeake Bay,
Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 350-foot radius safety zone
on the Chesapeake Bay in Hampton, VA, to support the Founder's Day
Fireworks Event. This action is intended to restrict vessel traffic
movement to protect mariners from the hazards associated with fireworks
displays.
DATES: This rule is effective from 9 p.m. to 10 p.m. on July 9, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0463 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
The Coast Guard is issuing this temporary final 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 because any delay encountered in this
regulation's effective date by publishing a NPRM 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
1 hour on July 09, 2008, and should have minimal impact on vessel
transits due to the fact that vessels can safely transit through the
zone when authorized by the Captain of the Port or his Representative
and that they are not precluded from using any portion of the waterway
except the safety zone area itself. For the same reasons above, 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.
Background and Purpose
On July 09, 2008, the City of Hampton, VA, will sponsor a fireworks
display on the Chesapeake Bay shoreline centered on position
37[deg]02'23.27'' N/076[deg]17'22.54'' W (NAD 1983). Due to the need to
protect mariners and spectators from the hazards associated with the
fireworks display, access will be temporarily restricted within 350
feet of the fireworks launch site.
Discussion of Rule
The Coast Guard is establishing a safety zone on the navigable
waters of the Chesapeake Bay within 350 feet of position
37[deg]02'23.27'' N/076[deg]17'22.54'' W (NAD 1983). This safety zone
will be established in the vicinity of the Buckroe Beach Park, Pier One
in Hampton, VA, from 9 p.m. to 10 p.m. on July 9, 2008. In the interest
of public safety, access within the safety zone will be restricted
during the specified date and times. Except for participants and
vessels authorized by the Coast Guard Captain of the Port or his
representative, no person or vessel may enter or remain in the
regulated area.
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 safety zone if of limited size; and (iii) the Coast Guard will
make notifications via maritime 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 this portion of the Chesapeake Bay between 9 p.m. and 10
p.m. on July 9, 2008.
[[Page 35925]]
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), we offer to assist small
entities in understanding the rule so that they can 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,
under the instruction 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 will be available in the docket where indicated
under ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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.T05-0463, to read as follows:
Sec. 165.T05-0463 Safety Zone: Founder's Day Fireworks Event,
Chesapeake Bay, Hampton, VA.
(a) Location. The following area is a safety zone: All navigable
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, in the vicinity of Buckroe Beach Pier One located in
Hampton, VA, within
[[Page 35926]]
350 feet of position 37[deg]02'23.27'' N/076[deg]17'22.54'' W (NAD
1983).
(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) Enforcement Period: This regulation will be enforced from 9
p.m. to 10 p.m. on July 9, 2008.
Dated: June 13, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E8-14350 Filed 6-24-08; 8:45 am]
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