Safety Zone; Private Fireworks Show, Chesapeake Bay, Virginia Beach, VA, 42614-42617 [E9-20245]
Download as PDF
<![CDATA[
42614
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
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.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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
VerDate Nov<24>2008
14:00 Aug 21, 2009
Jkt 217001
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 Department of Homeland
Security Management Directive 023–01
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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this 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 147
Continental shelf, Marine safety,
Navigation (water).
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 147 as follows:
PART 147—SAFETY ZONES
1. The authority citation for part 147
continues to read as follows:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 147.847 to read as follows:
§ 147.847 BW PIONEER Floating
Production, Storage, and Offloading System
Safety Zone.
(a) Description. The BW PIONEER, a
Floating Production, Storage and
Offloading (FPSO) system, is in the
deepwater area of the Gulf of Mexico at
Walker Ridge 249. The FPSO can swing
in a 360 degree arc around the center
point of the turret buoy’s swing circle at
26°41′46.25″ N and 090°30′30.16″ W.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
The area within 500 meters (1,640.4
feet) around the stern of the FPSO when
it is moored to the turret buoy is a safety
zone. If the FPSO detaches from the
turret buoy, the area within 500 meters
around the center point at 26°41′46.25″
N and 090°30′30.16″ W will be a safety
zone.
(b) Regulation. No vessel may enter or
remain in this safety zone except the
following:
(1) An attending vessel;
(2) A vessel under 100 feet in length
overall not engaged in towing; or
(3) A vessel authorized by the
Commander, Eighth Coast Guard
District.
Dated: July 31, 2009.
Mary E. Landry,
Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E9–20246 Filed 8–21–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0725]
RIN 1625–AA00
Safety Zone; Private Fireworks Show,
Chesapeake Bay, Virginia Beach, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a safety zone on
Chesapeake Bay in the vicinity of the
Virginia Beach Resort and Conference
Center in Virginia Beach, VA in support
of a private fireworks show. This action
is intended to restrict access to the
specified portion of Chesapeake Bay to
protect the public from the hazards
associated with fireworks displays.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 14, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0725 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
E:\FR\FM\24AUP1.SGM
24AUP1
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail LT Tiffany Duffy,
United States Coast Guard Sector
Hampton Roads Waterways
Management Division; telephone
757–668–5580, e-mail
Tiffany.A.Duffy@uscg.mil. 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:
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box, insert USCG–2009–
0725 and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
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.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0725),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. If you submit a comment
online via https://www.regulations.gov, it
will be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand deliver,
or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. 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.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu,
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–0725’’ in the ’’Keyword’’
VerDate Nov<24>2008
14:00 Aug 21, 2009
Jkt 217001
box. Click ‘‘Search,’’ and then click on
the balloon shape in the ‘‘Actions’’
column. If you submit your comments
by mail or hand delivery, submit them
in an unbound format, no larger than
81⁄2 by 11 inches, suitable for copying
and electronic filing. If you submit
comments 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 and may
change this proposed rule based on your
comments.
Privacy Act
Anyone can search the electronic
form of 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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the docket using one of the
four methods specified under
ADDRESSES. Please explain why you
believe a public meeting 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 September 26, 2009, Dominion
Fireworks will sponsor a private
fireworks display on the Chesapeake
Bay shoreline centered on position
36°55′17″ N/076°04′14″ W (NAD 1983).
Due to the need to protect mariners and
spectators from the hazards associated
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
42615
with the fireworks display, the United
States Coast Guard proposes restricting
access within 420 feet of the fireworks
launch site.
Discussion of Proposed Rule
The Coast Guard proposes
establishing a safety zone on the
navigable waters of the Chesapeake Bay
within 420 feet of a fireworks barge in
position 36°55′17″ N/076°04′14″ W
(NAD 1983). This safety zone would be
established in the vicinity of the
Virginia Beach Resort & Conference
Center, Virginia Beach, VA on
September 26, 2009. In the interest of
public safety, access to the safety zone
would be restricted from 9 p.m. to 9:30
p.m. on September 26, 2009. Except for
participants and vessels authorized by
the Coast Guard Captain of the Port or
his representative, no person or vessel
would be authorized to enter or remain
in the regulated area.
Regulatory Analyses
We developed this proposed 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 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. Although this regulation restricts
access to the safety zone, the effect of
this rule would not be significant
because: (i) The safety zone will be in
effect for a limited duration; (ii) the
zone would be of limited size; and (iii)
the Coast Guard would 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
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
E:\FR\FM\24AUP1.SGM
24AUP1
42616
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
impact on a substantial number of small
entities for the following reasons. This
safety zone would be activated, and thus
subject to enforcement, for only 30
minutes. Vessel traffic could pass safely
around the safety zone.
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 to the Docket
Management Facility at the address
under ADDRESSES. In your comment,
explain 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 consult
LT Tiffany Duffy, as indicated in the
FOR FURTHER INFORMATION CONTACT
section. 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.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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
VerDate Nov<24>2008
14:00 Aug 21, 2009
Jkt 217001
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.
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
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
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 Department of Homeland
Security Management Directive 023–01
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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves establishing a safety zone
around a fireworks display. The
fireworks will be launched from a barge;
however, some fallout may enter the
water within a 420-foot radius of the
launching site. This zone is designed to
protect mariners from the hazards
associated with fireworks displays. 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,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 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.T05–0725, to
read as follows:
E:\FR\FM\24AUP1.SGM
24AUP1
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
DEPARTMENT OF VETERANS
AFFAIRS
(a) Regulated Area. The following area
is a safety zone: All navigable waters
within 420 feet of position 36°55′17″ N/
076°04′14″ W (NAD 1983), in the
vicinity of the Virginia Beach Resort &
Conference Center, Virginia Beach, VA.
(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 (156.65 Mhz)
and channel 16 (156.8 Mhz).
(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
effective and will be enforced on
September 26, 2009, from 9 p.m. to 9:30
p.m.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
§ 165.T05–0725 Safety Zone; Private
Fireworks Show, Chesapeake Bay, Virginia
Beach, VA.
38 CFR Part 3
Dated: August 11, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton.
[FR Doc. E9–20245 Filed 8–21–09; 8:45 am]
BILLING CODE 4910–15–P
VerDate Nov<24>2008
14:00 Aug 21, 2009
Jkt 217001
RIN 2900–AN32
Stressor Determinations for
Posttraumatic Stress Disorder
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) proposes to amend its
adjudication regulations governing
service connection for posttraumatic
stress disorder (PTSD) by liberalizing in
some cases the evidentiary standard for
establishing the required in-service
stressor. This amendment would
eliminate the requirement for
corroborating that the claimed in-service
stressor occurred if a stressor claimed by
a veteran is related to the veteran’s fear
of hostile military or terrorist activity
and a VA psychiatrist or psychologist
confirms that the claimed stressor is
adequate to support a diagnosis of
PTSD, provided that the claimed
stressor is consistent with the places,
types, and circumstances of the
veteran’s service and that the veteran’s
symptoms are related to the claimed
stressor.
This amendment takes into
consideration the current scientific
research studies relating PTSD to
exposure to hostile military and terrorist
actions. It is intended to acknowledge
the inherently stressful nature of the
places, types, and circumstances of
service in which fear of hostile military
or terrorist activities is ongoing. With
this amendment, the evidentiary
standard of establishing an in-service
stressor would be reduced in these
cases. This amendment is additionally
intended to facilitate the timely VA
processing of PTSD claims by
simplifying the development and
research procedures that apply to these
claims.
DATES: Comments must be received by
VA on or before October 23, 2009.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
(This is not a toll free number).
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN32—Stressor Determinations for
Posttraumatic Stress Disorder.’’ Copies
of comments received will be available
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
42617
for public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll free number). In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Kniffen, Chief, Regulations
Staff (211D), Compensation and Pension
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–9725.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The
Secretary of Veterans Affairs has
authority under 38 U.S.C. 501(a)(1) to
prescribe regulations governing the
nature and extent of proof and evidence
required to establish entitlement to
benefits. In addition, under 38 U.S.C.
1154(a), the Secretary is required to
‘‘include in the regulations pertaining to
service-connection of disabilities’’
provisions requiring ‘‘due
consideration’’ of the places, types, and
circumstances of a veteran’s service.
These statutes provide authority for this
proposed amendment of PTSD
regulations.
Current regulations governing service
connection of PTSD are provided at 38
CFR 3.304(f). Under this provision,
service connection for PTSD generally
requires: (1) Medical evidence
diagnosing PTSD; (2) medical evidence
establishing a link between a veteran’s
current symptoms and an in-service
stressor; and (3) credible supporting
evidence that the claimed in-service
stressor occurred.
In some cases, the requirement to
establish the occurrence of the claimed
in-service stressor can be met based on
the veteran’s lay testimony alone,
provided that there is an absence of
clear and convincing evidence to the
contrary and that the claimed stressor is
consistent with the circumstances,
conditions, or hardships of the veteran’s
service. Such cases are those described
under § 3.304(f)(1), when the evidence
establishes a diagnosis of PTSD during
service and the claimed stressor is
related to that service; under
§ 3.304(f)(2), when the evidence
establishes that the veteran engaged in
combat with the enemy and the claimed
stressor is related to that combat; and
under current § 3.304(f)(3), when the
evidence establishes that the veteran
was a prisoner-of-war and the claimed
E:\FR\FM\24AUP1.SGM
24AUP1
]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Proposed Rules]
[Pages 42614-42617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20245]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0725]
RIN 1625-AA00
Safety Zone; Private Fireworks Show, Chesapeake Bay, Virginia
Beach, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a safety zone on
Chesapeake Bay in the vicinity of the Virginia Beach Resort and
Conference Center in Virginia Beach, VA in support of a private
fireworks show. This action is intended to restrict access to the
specified portion of Chesapeake Bay to protect the public from the
hazards associated with fireworks displays.
DATES: Comments and related material must be received by the Coast
Guard on or before September 14, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0725 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
[[Page 42615]]
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail LT Tiffany Duffy, United States Coast Guard Sector
Hampton Roads Waterways Management Division; telephone 757-668-5580, e-
mail Tiffany.A.Duffy@uscg.mil. 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.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0725), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. If you submit a comment online via https://www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
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.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Proposed Rule'' and insert ``USCG-2009-0725'' in the ''Keyword'' box.
Click ``Search,'' and then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
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
comments 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
and may change this proposed rule based on your comments.
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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box, insert USCG-2009-0725 and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the four methods specified
under ADDRESSES. Please explain why you believe a public meeting 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 September 26, 2009, Dominion Fireworks will sponsor a private
fireworks display on the Chesapeake Bay shoreline centered on position
36[deg]55'17'' N/076[deg]04'14'' W (NAD 1983). Due to the need to
protect mariners and spectators from the hazards associated with the
fireworks display, the United States Coast Guard proposes restricting
access within 420 feet of the fireworks launch site.
Discussion of Proposed Rule
The Coast Guard proposes establishing a safety zone on the
navigable waters of the Chesapeake Bay within 420 feet of a fireworks
barge in position 36[deg]55'17'' N/076[deg]04'14'' W (NAD 1983). This
safety zone would be established in the vicinity of the Virginia Beach
Resort & Conference Center, Virginia Beach, VA on September 26, 2009.
In the interest of public safety, access to the safety zone would be
restricted from 9 p.m. to 9:30 p.m. on September 26, 2009. Except for
participants and vessels authorized by the Coast Guard Captain of the
Port or his representative, no person or vessel would be authorized to
enter or remain in the regulated area.
Regulatory Analyses
We developed this proposed 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 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. Although this regulation
restricts access to the safety zone, the effect of this rule would not
be significant because: (i) The safety zone will be in effect for a
limited duration; (ii) the zone would be of limited size; and (iii) the
Coast Guard would 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 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
[[Page 42616]]
impact on a substantial number of small entities for the following
reasons. This safety zone would be activated, and thus subject to
enforcement, for only 30 minutes. Vessel traffic could pass safely
around the safety zone.
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 to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain 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 consult LT Tiffany Duffy,
as indicated in the FOR FURTHER INFORMATION CONTACT section. 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.
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 Department of Homeland
Security Management Directive 023-01 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a safety zone around a fireworks display. The
fireworks will be launched from a barge; however, some fallout may
enter the water within a 420-foot radius of the launching site. This
zone is designed to protect mariners from the hazards associated with
fireworks displays. 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, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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 Sec. 165.T05-0725, to read as follows:
[[Page 42617]]
Sec. 165.T05-0725 Safety Zone; Private Fireworks Show, Chesapeake
Bay, Virginia Beach, VA.
(a) Regulated Area. The following area is a safety zone: All
navigable waters within 420 feet of position 36[deg]55'17'' N/
076[deg]04'14'' W (NAD 1983), in the vicinity of the Virginia Beach
Resort & Conference Center, Virginia Beach, VA.
(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 (156.65
Mhz) and channel 16 (156.8 Mhz).
(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 effective and will be enforced
on September 26, 2009, from 9 p.m. to 9:30 p.m.
Dated: August 11, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton.
[FR Doc. E9-20245 Filed 8-21-09; 8:45 am]
BILLING CODE 4910-15-P
