Safety Zone: Stars and Stripes Fourth of July Fireworks Event, Nansemond River, Suffolk, VA, 16809-16812 [E8-6474]
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
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necessary to the normal operation of the
particular business, or where the
differentiation is based on reasonable
factors other than age.’’ 29 U.S.C.
623(f)(1). Since the employer
indisputably bears the burden of
proving BFOQ,7 the most natural
construction of section 4(f)(1) as a whole
is that the employer similarly bears the
burden of proving RFOA. In addition,
when Congress enacted the Older
Workers Benefit Protection Act
(‘‘OWBPA’’) amendments to the ADEA
in 1990, it specifically stated that the
employer bears the burden of proof on
the RFOA affirmative defense in section
4(f)(1). S. Rep. No. 101–263, at 30
(1990), as reprinted in 1990
U.S.C.C.A.N. 1509, 1535 (noting that
Congress was incorporating into section
4(f)(2) ‘‘the language of [section] 4(f)(1)
that is commonly understood to signify
an affirmative defense’’). This approach
also is consistent with the allocation of
burdens under the Equal Pay Act of
1963, 29 U.S.C. 206(d)(1), which
precludes liability when the employer
establishes that a pay differential is
‘‘based on any other factor other than
sex,’’ 29 U.S.C. 206(d)(1)(iv).8 The Smith
Court did not need to discuss the
burden of proof because the employer’s
actions were so eminently reasonable
that it easily prevailed regardless of who
bore the ultimate burden.
The Commission invites comments on
these proposed changes from all
interested parties. The Commission also
invites comments on whether the
regulations should address other matters
concerning the application of the
disparate impact theory of
discrimination under the ADEA. In
particular, the Commission would
welcome comments on the following
specific question:
1. Should the regulations provide
more information on the meaning of
‘‘reasonable factors other than age’’? If
so, what should the regulations say? For
example, should the regulations refer to
tort law standards such as negligence
and reasonable standard of care when
addressing the meaning of
‘‘reasonable’’? Should the regulations
offer factors relevant to whether an
employment practice is based on
reasonable factors other than age? If so,
what should those factors be?
7 See Smith, 544 U.S. at 233 n.3 (2005) (referring
to the BFOQ provision as ‘‘an affirmative defense
to liability’’).
8 Corning Glass Works v. Brennan, 417 U.S. 188,
196–97 (1974) (shifting the burden of proof to the
employer ‘‘is consistent with the general rule that
the application of an exemption under the Fair
Labor Standards Act is a matter of affirmative
defense on which the employer has the burden of
proof’’).
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Regulatory Procedures
Executive Order 12866
Pursuant to Executive Order 12866,
EEOC has coordinated this proposed
rule with the Office of Management and
Budget. Under section 3(f)(1) of
Executive Order 12866, EEOC has
determined that the regulation will not
have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State or local
tribal governments or communities.
Therefore, a detailed cost-benefit
assessment of the regulation is not
required.
Paperwork Reduction Act
This proposal contains no new
information collection requirements
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Regulatory Flexibility Act
The Commission certifies under 5
U.S.C. 605(b) that this proposed rule
will not have a significant economic
impact on a substantial number of small
entities because it imposes no economic
or reporting burdens on such firms and
makes no change to employers’
compliance obligations under the Act.
Instead, the proposed rule brings the
Commission’s regulations into
compliance with a recent Supreme
Court interpretation of the Act. For this
reason, a regulatory flexibility analysis
is not required.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in
the expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
List of Subjects in 29 CFR Part 1625
Advertising, Age, Employee benefit
plans, Equal employment opportunity,
Retirement.
Dated: March 25, 2008.
For the Commission.
Naomi C. Earp,
Chair.
For the reasons set forth in the
preamble, the Equal Employment
Opportunity Commission proposes to
amend 29 CFR chapter XIV part 1625 as
follows:
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16809
PART 1625—AGE DISCRIMINATION IN
EMPLOYMENT ACT
1. The authority citation for part 1625
continues to read as follows:
Authority: 81 Stat. 602; 29 U.S.C. 621; 5
U.S.C. 301; Secretary’s Order No. 10–68;
Secretary’s Order No. 11–68; Sec. 9, 81 Stat.
605; 29 U.S.C. 628; sec. 12, 29 U.S.C. 631,
Pub. L. 99–592, 100 Stat. 3342; sec. 2, Reorg.
Plan No. 1 of 1978, 43 FR 19807.
Subpart A—Interpretations
2. Revise paragraphs (d) and (e) of
§ 1625.7 to read as follows:
§ 1625.7 Differentiations based on
reasonable factors other than age.
*
*
*
*
*
(d) Any employment practice that
adversely affects individuals within the
protected age group on the basis of older
age is discriminatory unless the practice
is justified by a ‘‘reasonable factor other
than age.’’ An individual challenging
the allegedly unlawful practice is
responsible for isolating and identifying
the specific employment practice that is
allegedly responsible for any observed
statistical disparities.
(e) Whenever the exception of ‘‘a
reasonable factor other than age’’ is
raised, the employer bears the burden of
proving that the ‘‘reasonable factor other
than age’’ exists factually.
*
*
*
*
*
[FR Doc. E8–6517 Filed 3–28–08; 8:45 am]
BILLING CODE 6570–01–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a safety zone on the
Nansemond River in the vicinity of
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.
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
Comments and related material
must reach the Coast Guard on or before
April 30, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0065 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: 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–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Lieutenant Junior Grade Chris
Porter, Assistant Chief, Waterways
Management Division, Sector Hampton
Roads at (757) 668–5580. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Public Participation and Request for
Comments
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
DATES:
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0065),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
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Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–USCG–2008–0065) in the
Docket ID box, and click enter. You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or the
Commander, Sector Hampton Roads,
Norfolk Federal Building, 200 Granby
St., 7th Floor between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On July 4, 2008, the City of Suffolk,
VA will sponsor a fireworks display on
the Nansemond River in position 36° ¥
44′ ¥27.3″ N/076° ¥34′ ¥42″W (NAD
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1983). Due to the need to protect
mariners and spectators from the
hazards associated with the fireworks
display, access to the Nansemond River
within 500 feet of the fireworks barge
will be temporarily be restricted.
Discussion of Proposed 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 500 feet of the fireworks
barge located in position 36° ¥ 44′
¥27.3″ N/076° ¥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 5 p.m. to 10 p.m. on July 04, 2008.
Access to the safety zone will be
restricted during the specified date and
times. Except for participants and
vessels authorized by the Captain of the
Port or his Representative, no person or
vessel may enter or remain in the
regulated area.
Regulatory Evaluation
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statutes or executive
orders.
Executive Order 12866
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
restricts access to the regulated area, the
effect of this rule will not be significant
because: (i) The safety zone will be in
effect for a limited duration; and (ii) 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 proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities because the zone will only be in
place for a limited duration and
maritime advisories will be issued
allowing the mariners to adjust their
plans accordingly. However, this rule
may affect the following entities, some
of which may be small entities: the
owners and operators of vessels
intending to transit or anchor in that
portion of the Nansemond River from 5
p.m. to 10 p.m. on July 4, 2008.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Lieutenant Junior Grade Chris Porter,
Assistant Chief, Waterways
Management Division, Sector Hampton
Roads at (757) 668–5584. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
jlentini on PROD1PC65 with PROPOSALS
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
We invite your comments on how this
proposed rule might impact tribal
governments, even if that impact may
not constitute a ‘‘tribal implication’’
under the Order.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
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16811
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is 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 proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
Words of Issuance and Proposed
Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
Public Participation and Request for
Comments
1. The authority citation for part 165
continues to read as follows:
Coast Guard
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
33 CFR Part 165
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
2. Add § 165.T05–008 to read as
follows:
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Safety Zone: Thames River, New
London, CT
ACTION:
(a) Location. The following area is a
safety zone: All waters of the
Nansemond River, located within 500
feet of position 36° ¥44′ ¥27.3″ N/076°
¥34′ ¥42″ W in the vicinity of
Constant’s Wharf, Suffolk, VA. These
coordinates are based upon (NAD 1983).
(b) Definition: 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 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.
(1) 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.
(2) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM 13 and 16. (d)
Effective Period: This regulation will be
in effect from 5 p.m. to 10 p.m. on July
4, 2008.
BILLING CODE 4910–15–P
RIN 1625–AA00
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
§ 165.T05–008 Safety Zone: Stars and
Stripes Fourth of July Fireworks Event,
Nansemond River, Suffolk, VA.
Dated: March 14, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. E8–6474 Filed 3–28–08; 8:45 am]
[Docket No. USCG–2008–0097]
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone on the
federal channel of the Thames River
surrounding the Amtrak Railroad Bridge
in the Town of New London,
Connecticut. This safety zone is
necessary to protect vessels transiting in
the area from hazards imposed by
construction barges and equipment. The
barges and equipment are being utilized
to remove the old bascule bridge and
install a new vertical lift span bridge
over the Thames River. Entry into this
zone will be prohibited unless
authorized by the Captain of the Port,
Long Island Sound.
DATES: Comments and related material
must reach the Coast Guard on or before
April 30, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0097 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: 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–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call LT D. J. Miller, Chief,
Waterways Management, Coast Guard
Sector Long Island Sound, 203–468–
4596. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0097),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0097) in the
Search box, and click ‘‘Go >>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or U.S. Coast
Guard Sector Long Island Sound, 120
Woodward Ave, New Haven,
Connecticut 06512 between 9 a.m. and
3 p.m., Monday through Friday, except
Federal holidays.
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]]>Agencies
[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Proposed Rules]
[Pages 16809-16812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6474]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a safety zone on the
Nansemond River in the vicinity of 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.
[[Page 16810]]
DATES: Comments and related material must reach the Coast Guard on or
before April 30, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0065 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Junior Grade Chris Porter, Assistant Chief,
Waterways Management Division, Sector Hampton Roads at (757) 668-5580.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0065), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-USCG-2008-0065) in the Docket ID box, and
click enter. You may also visit either the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays; or the Commander,
Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th
Floor between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
On July 4, 2008, the City of Suffolk, VA will sponsor a fireworks
display on the Nansemond River in position 36[deg] - 44' -27.3'' N/
076[deg] -34' -42''W (NAD 1983). Due to the need to protect mariners
and spectators from the hazards associated with the fireworks display,
access to the Nansemond River within 500 feet of the fireworks barge
will be temporarily be restricted.
Discussion of Proposed 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 500
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 5 p.m. to 10 p.m.
on July 04, 2008. Access to the safety zone will be restricted during
the specified date and times. Except for participants and vessels
authorized by the Captain of the Port or his Representative, no person
or vessel may enter or remain in the regulated area.
Regulatory Evaluation
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
Executive Order 12866
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation restricts access to the regulated area, the effect of this
rule will not be significant because: (i) The safety zone will be in
effect for a limited duration; and (ii) 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 proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not
[[Page 16811]]
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities because the zone will only be in place for a
limited duration and maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities: the
owners and operators of vessels intending to transit or anchor in that
portion of the Nansemond River from 5 p.m. to 10 p.m. on July 4, 2008.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Junior
Grade Chris Porter, Assistant Chief, Waterways Management Division,
Sector Hampton Roads at (757) 668-5584. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is 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 proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 16812]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-008 to read as follows:
Sec. 165.T05-008 Safety Zone: Stars and Stripes Fourth of July
Fireworks Event, Nansemond River, Suffolk, VA.
(a) Location. The following area is a safety zone: All waters of
the Nansemond River, located within 500 feet of position 36[deg] -44' -
27.3'' N/076[deg] -34' -42'' W in the vicinity of Constant's Wharf,
Suffolk, VA. These coordinates are based upon (NAD 1983).
(b) Definition: 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 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.
(1) 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.
(2) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM 13 and 16. (d) Effective Period: This regulation
will be in effect from 5 p.m. to 10 p.m. on July 4, 2008.
Dated: March 14, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-6474 Filed 3-28-08; 8:45 am]
BILLING CODE 4910-15-P
