[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Rules and Regulations]
[Page 54686-54689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se08-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0860]
RIN 1625-AA00
Safety Zone; Neptune Festival, Atlantic Ocean, Virginia Beach, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 54687]]
SUMMARY: The Coast Guard is establishing a 420-foot radius safety zone
on the Atlantic Ocean in the vicinity of the 14th Street Fishing Pier,
Virginia Beach, Virginia, in support of the Neptune Festival Fireworks
event. This action is intended to protect mariners from the hazards
associated with fireworks displays by restricting vessel traffic
movement in the vicinity of the event.
DATES: This rule is effective from 9 p.m. until 10 p.m. on September
27, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0860 and are available online
at http://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 Lieutenant Tiffany Duffy, 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 during the fireworks display. Additionally,
this temporary safety zone will only be enforced for one hour on
September 27, 2008 and should have minimal impact on vessel transits
because vessels may safely transit through the zone when authorized by
the Captain of the Port or his Representative or they may transit
around the safety zone. 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 September 27, 2008, Zambelli International will sponsor a
fireworks display on the Atlantic Ocean shoreline centered on position
36[deg]50'36'' N/75[deg]58'12'' 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 420
feet of the fireworks launch site.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone in the
vicinity of Virginia Beach, VA on September 27, 2008. The center of the
safety zone is 36[deg]50'36'' N/75[deg]58'12'' W (NAD 1983), and such
safety zone will extend 420 feet in all directions from that point. In
the interest of public safety, access to the safety zone will be
restricted from 9 p.m. to 10 p.m. on September 27, 2008. 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 safety zone.
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 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 within the specified safety zone 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 a limited time 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).
[[Page 54688]]
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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, 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. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 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, 3306,
3703; 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.T05-0860, to read as follows:
Sec. 165.T05-0860 Safety Zone: Neptune Festival Fireworks Event,
Atlantic Ocean, Virginia Beach, VA.
(a) Regulated Area. The following area is a safety zone: All
navigable waters from position 36[deg]50'36'' N/75[deg]58'12'' W (NAD
1983) and extending out 420 feet from that point in the vicinity of
14th Street Fishing Pier, Virginia Beach, Virginia.
(b) Definitions. 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) Regulations. (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.
(4) The Captain of the Port Representative enforcing the safety
zone can be contacted on VHF-FM marine band radio, channel 13
(156.65Mhz) and channel 16 (156.8Mhz).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement Period. This rule is enforced on September 27, 2008
from 9 p.m. to 10 p.m.
[[Page 54689]]
Dated: September 2, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-22237 Filed 9-22-08; 8:45 am]
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