Safety Zone; Neptune Festival, Atlantic Ocean, Virginia Beach, VA, 54686-54689 [E8-22237]
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54686
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
such 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 concern 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.
jlentini on PROD1PC65 with RULES
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
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16:35 Sep 22, 2008
Jkt 214001
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
procedure; and related management
system 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.
A final ‘‘Environmental Analysis
Check List’’ and ‘‘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
requirements, Security measures, and
Waterways.
■ 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
43°01′55″ N, 087°54′40″ W to the
Humboldt Avenue Bridge at position
43°03′25″ N, 087°53′53″ W. All waters of
the Menomonee River from the Twentyfifth St. Bridge at position 43°01′58″ N,
087°56′41″ W to the junction with the
Milwaukee River. (DATUM: NAD 83).
(b) Effective period. This regulation is
effective from 9 a.m. to 5 p.m. on
September 20, 2008.
(c) Regulations.
(1) In accordance with the general
regulations in section 165.23 of this
part, entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan, or his on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Lake Michigan or his onscene representative.
Dated: August 27, 2008.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E8–22128 Filed 9–22–08; 8:45 am]
■
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 4910–15–P
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.
DEPARTMENT OF HOMELAND
SECURITY
2. A new temporary § 165.T09–0914 is
added as follows:
33 CFR Part 165
§ 165.T09–0914 Safety zone; Milwaukee
River Challenge, Milwaukee River,
Milwaukee, WI.
RIN 1625–AA00
■
(a) Location. The following area is a
temporary safety zone: All waters of the
Milwaukee River from the junction with
the Menomonee River at position
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Coast Guard
[Docket No. USCG–2008–0860]
Safety Zone; Neptune Festival, Atlantic
Ocean, Virginia Beach, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
jlentini on PROD1PC65 with RULES
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
https://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:
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.
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
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.
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Background and Purpose
On September 27, 2008, Zambelli
International will sponsor a fireworks
display on the Atlantic Ocean shoreline
centered on position 36°50′36″ N/
75°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°50′36″ N/75°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
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.
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54687
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).
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54688
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
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.
jlentini on PROD1PC65 with RULES
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
VerDate Aug<31>2005
16:35 Sep 22, 2008
Jkt 214001
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.
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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
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.
2. Add temporary § 165.T05–0860, to
read as follows:
■
§ 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°50′36″ N/75°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 § 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.
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Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations
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]
BILLING CODE 4910–15–P
Regulatory Information
On July 2, 2008, we published an
interim rule with request for comments
entitled ‘‘Security Zone; Escorted
Vessels, Savannah, GA, Captain of the
Port Zone’’ in the Federal Register (73
FR 37835). We did not receive any
letters commenting on the interim rule.
No public meeting was requested, and
none was held.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2007–0157]
RIN 1625–AA87
Security Zone; Escorted Vessels,
Savannah, GA, Captain of the Port
Zone
Coast Guard, DHS.
Final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: The Coast Guard is adopting
a security zone interim rule published
in July 2008 as a final rule. This rule
creates a security zone around any
vessel escorted by one or more Coast
Guard, State, or local law enforcement
assets on the navigable waters of the
Captain of the Port (COTP) Zone,
Savannah, Georgia. This action is
necessary to protect personnel, vessels,
and facilities from sabotage or other
subversive acts, accidents, or other
events of a similar nature. No vessel or
person will be allowed in this zone
unless authorized by the Captain of the
Port or a designated representative.
DATES: Effective October 23, 2008, the
interim rule amending 33 CFR part 165
which was published at 73 FR 37835 on
July 2, 2008, is adopted without change
as a final rule.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2007–
0157 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at 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 U.S.
Coast Guard Marine Safety Unit
Savannah, 100 West Oglethorpe
Avenue, Suite 1017, Savannah, GA
31401 between 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
Lieutenant Jeanita Jefferson, U.S. Coast
VerDate Aug<31>2005
16:35 Sep 22, 2008
Jkt 214001
Guard Marine Safety Unit Savannah at
(912) 652–4353. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The terrorist attacks of September
2001 heightened the need for
development of various security
measures throughout the seaports of the
United States, particularly around
vessels and facilities whose presence or
movement creates a heightened
vulnerability to terrorist acts, or those
for which the consequences of terrorist
acts represent a threat to national
security. The President of the United
States has found that the security of the
United States is and continues to be
endangered following the attacks of
September 11 (E.O. 13,273, 67 FR
56215, Sept. 3, 2002 and 72 FR 54205,
Sept. 21, 2007). Additionally, national
security and intelligence officials
continue to warn that future terrorist
attacks are likely.
The Captain of the Port (COTP) Zone
Savannah, Georgia frequently receives
vessels that require additional security,
including, but not limited to, vessels
carrying sensitive Department of
Defense cargoes, vessels carrying
dangerous cargoes, and foreign naval
vessels. The Captain of the Port has
determined that these vessels have a
significant vulnerability to subversive
activity by other vessels or persons, or,
in some cases, themselves pose a risk to
a port and the public within the COTP
Zone, as described in 33 CFR 3.35–30.
The COTP sought comments on the
interim rule published July 2, 2008 (73
FR 37835) which enabled the COTP
Savannah to provide effective port
security, while minimizing the public’s
confusion and easing the administrative
burden of implementing separate
temporary security zone rules for each
escorted vessel. As noted, we did not
receive any comment on this interim
rule.
Discussion of Rule
The COTP is adopting the currentlyeffective interim rule reflected in 33
CFR 165.749 as a final rule. This rule
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54689
establishes a security zone that prohibits
persons and vessels from coming within
300 yards of all escorted vessels within
the navigable waters of the COTP Zone
Savannah, Georgia unless authorized by
the Coast Guard COTP Savannah, or the
COTP’s designated representative.
The navigable waterways included in
this rule are the Port of Savannah and
the Port of Brunswick in Georgia.
Persons or vessels that receive
permission to enter the security zone
must proceed at a minimum safe speed
and must comply with all orders issued
by the COTP or a designated
representative. Those vessels granted
permission to enter the 300 yard
security zone may not come within 50
yards of any escorted vessel. An
escorted vessel will be defined as a
vessel, other than a large U.S. naval
vessel as defined in 33 CFR 165.2015,
that is accompanied by one or more
Coast Guard assets or other Federal,
State or local law enforcement agency
assets clearly identifiable by lights,
vessel markings, or with agency insignia
as listed below:
• Coast Guard surface or air asset
displaying the Coast Guard insignia.
• State and/or local law enforcement
asset displaying the applicable agency
markings and/or equipment associated
with the agency.
• When escorted vessels are moored,
dayboards or other visual indications
such as lights or buoys may be used.
In all cases, broadcast notice to mariners
will be issued to advise mariners of
these restrictions.
Regulatory Analyses
We adopted the interim rule as final
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.
We expect the economic impact of
this rule to be so minimal so that a full
Regulatory Evaluation is unnecessary.
The limited geographic area impacted
by the security zone will not restrict the
movement or routine operation of
commercial or recreational vessels
through the Ports of Savannah and
Brunswick, Georgia.
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]]>Agencies
[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54686-54689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22237]
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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.
-----------------------------------------------------------------------
[[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 https://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]
BILLING CODE 4910-15-P
