Safety Zone; Thunder on the Bay, Chesapeake Bay, Buckroe Beach Park, Hampton, VA, 54771-54773 [2010-22418]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations
designated time period. This deviation
from the operation regulations is
authorized under CFR 117.35.
Dated: August 27, 2010.
Waverly W. Gregory Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 2010–22415 Filed 9–8–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2010–0819]
Drawbridge Operation Regulation;
Trent River, New Bern, NC
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Fifth Coast
Guard District, has issued a temporary
deviation from the regulations
governing the operation of the US70
(Alfred C. Cunningham) Bridge across
Trent River, mile 0.0, at New Bern, NC,
to accommodate a Bridge Run. This
deviation allows the drawbridge to be
maintained in the closed position to
vessels at specific date and times.
DATES: This deviation is effective from
6 a.m. to 11 a.m. on Saturday, October
16, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0819 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0819 in the ‘‘Keyword’’ box
and then clicking ‘‘Search. They are also
available for inspection or copying at
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Sandra S. Elliott, Bridge
Management Specialist, Fifth Coast
Guard District; telephone 757–398–
6557, e-mail Sandra.S.Elliott@uscg.mil.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The US70
(Alfred C. Cunningham) Bridge a
bascule lift bridge across Trent River, at
mile 0.0, has a vertical clearance in the
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:14 Sep 08, 2010
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closed position to vessels of
approximately 14 feet above mean high
water.
On behalf of the Neuse River Bridge
Run Organization and the City of New
Bern NC, the North Carolina Department
of Transportation has requested a
temporary deviation from the current
operating regulations of the bridge set
out in 33 CFR 117.843 (a) to
accommodate the Bridge Run schedule
for Saturday, October 16, 2010.
Under this deviation, the drawbridge
would be allowed to remain in the
closed-to-navigation position from 6
a.m. to 11 a.m. to vessels on Saturday,
October 16, 2010, to accommodate the
Bridge Run.
The Coast Guard will inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
closure period for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation. There are no
alternate routes for vessels transiting
this section of the Trent River and the
drawbridge will be able to open in the
event of an emergency.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulation
is authorized under 33 CFR 117.35.
Dated: August 27, 2010.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 2010–22416 Filed 9–8–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0755]
RIN 1625–AA00
Safety Zone; Thunder on the Bay,
Chesapeake Bay, Buckroe Beach Park,
Hampton, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a 210-foot radius safety
zone on the navigable waters of
Chesapeake Bay in Hampton, VA in
support of the Thunder on the Bay
fireworks event. This action is intended
to restrict vessel traffic movement to
protect mariners and spectators from the
SUMMARY:
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54771
hazards associated with aerial fireworks
displays.
DATES: This rule is effective from 9:15
p.m. to 10 p.m. on September 17, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0755 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0755 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail LT Michael DiPace,
Sector Hampton Roads Waterways
Management Division, Coast Guard;
telephone 757–668–5580, e-mail
Michael.S.DiPace@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest
since immediate action is needed to
provide for the safety of life and
property on navigable waters.
Additionally, this temporary safety zone
will be enforced for approximately
forty-five minutes on Friday, September
17, 2010 while the fireworks display is
in progress.
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. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment during the fireworks
E:\FR\FM\09SER1.SGM
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54772
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations
advisories so mariners can adjust their
plans accordingly.
event. Therefore, a 30-day notice is
impracticable. Delaying the effective
date would be contrary to the safety
zone’s intended objectives: Protecting
persons and vessels involved in the
event and enhancing public and
maritime safety.
Basis and Purpose
On September 17, 2010, the City of
Hampton, VA will sponsor a fireworks
display on the Buckroe Beach Park
Fishing Pier over the navigable waters of
the Chesapeake Bay in approximate
position 37°02′23″ N/076°17′22″ W
(NAD 1983). Due to the need to protect
mariners and spectators from the
hazards associated with the fireworks
display, such as the accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris, vessel traffic will be
temporarily restricted within 210 feet of
the fireworks launch site.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone on the navigable
waters of the Chesapeake Bay within the
area bounded by a 210-foot radius circle
centered on position 37°02′23″ N,
076°17′22″ W (NAD 1983). This safety
zone will be established in the vicinity
of Buckroe Beach Park in Hampton, VA
from 9:15 p.m. to 10 p.m. on September
17, 2010. In the interest of public safety,
general navigation within the safety
zone will be restricted during the
specified date and times. Except for
participants and vessels authorized by
the Coast Guard Captain of the Port, or
his representative, no person or vessel
may enter or remain in the regulated
area.
jlentini on DSKJ8SOYB1PROD with RULES
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
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Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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 will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the specified
portion of The Chesapeake Bay from
9:15 p.m. to 10 p.m. on September 17,
2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (1) This rule will
be enforced for only forty-five minutes
on September 17, 2010; (2) Vessel traffic
will be able to navigate safely around
the zone without significant impact to
their transit plans; and (3) Before the
effective period begins, we will issue
maritime advisories.
Federalism
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.
Civil Justice Reform
Collection of Information
This rule calls for no new collection
of information under the Paperwork
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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 (adjusted for inflation) 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 cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations
the docket where indicated under
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.
jlentini on DSKJ8SOYB1PROD with RULES
Environment
We have analyzed this 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 concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a safety zone
around a fireworks display and is
expected to have no impact on the water
or environment. This zone is designed
to protect mariners and spectators from
the hazards associated with aerial
fireworks displays. An environmental
analysis checklist and a categorical
exclusion determination are available in
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16:14 Sep 08, 2010
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ADDRESSES.
List of Subject 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 amends 33
CFR part 165 as follows:
54773
(d) Enforcement Period. This
regulation will be enforced from 9:15
p.m. to 10 p.m. on September 17, 2010.
Dated: August 10, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2010–22418 Filed 9–8–10; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
■
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0755 to read as
follows:
■
§ 165.T05–0755 Safety Zone; Thunder on
the Bay, Chesapeake Bay, Buckroe Beach
Park, Hampton, VA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Chesapeake Bay within the area
bounded by a 210-foot radius circle
centered on position 37°02′23″ N/
076°17′22″ W (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 or her 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
designated representative.
(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 can be reached through the
Command Duty Officer at Sector
Hampton Roads in Portsmouth, Virginia
at telephone number (757) 638–6641.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
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[EPA–R05–OAR–2010–0556; FRL–9197–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota; Carbon Monoxide (CO)
Limited Maintenance Plan for the Twin
Cities Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving a request
submitted by the Minnesota Pollution
Control Agency (MPCA) on June 16,
2010, to revise the Minnesota State
Implementation Plan (SIP) for carbon
monoxide (CO) under the Clean Air Act
(CAA). The State has submitted a
limited maintenance plan for CO
showing continued attainment of the CO
National Ambient Air Quality Standard
(NAAQS) in the Minneapolis-St. Paul
(Twin Cities) area. The one hour CO
NAAQS and eight hour CO NAAQS are
35 parts per million (ppm), and 9 ppm,
respectively. This limited maintenance
plan satisfies section 175A of the CAA,
and is in accordance with EPA’s
October 29, 1999, approval of the State’s
redesignation request and maintenance
plan for the Twin Cities area.
Additionally, this limited maintenance
plan for CO satisfies the requirements
contained in the October 6, 1995, EPA
memorandum entitled ‘‘Limited
Maintenance Plan Option for
Nonclassifiable CO Nonattainment
Areas.’’
SUMMARY:
This direct final rule will be
effective November 8, 2010, unless EPA
receives adverse comments by October
12, 2010. If adverse comments are
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–0556, by one of the
following methods:
DATES:
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]]>Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54771-54773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22418]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0755]
RIN 1625-AA00
Safety Zone; Thunder on the Bay, Chesapeake Bay, Buckroe Beach
Park, Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 210-foot radius safety zone
on the navigable waters of Chesapeake Bay in Hampton, VA in support of
the Thunder on the Bay fireworks event. This action is intended to
restrict vessel traffic movement to protect mariners and spectators
from the hazards associated with aerial fireworks displays.
DATES: This rule is effective from 9:15 p.m. to 10 p.m. on September
17, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0755 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0755 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Michael DiPace, Sector Hampton Roads
Waterways Management Division, Coast Guard; telephone 757-668-5580, e-
mail Michael.S.DiPace@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters. Additionally, this
temporary safety zone will be enforced for approximately forty-five
minutes on Friday, September 17, 2010 while the fireworks display is in
progress.
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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment during the fireworks
[[Page 54772]]
event. Therefore, a 30-day notice is impracticable. Delaying the
effective date would be contrary to the safety zone's intended
objectives: Protecting persons and vessels involved in the event and
enhancing public and maritime safety.
Basis and Purpose
On September 17, 2010, the City of Hampton, VA will sponsor a
fireworks display on the Buckroe Beach Park Fishing Pier over the
navigable waters of the Chesapeake Bay in approximate position
37[deg]02'23'' N/076[deg]17'22'' W (NAD 1983). Due to the need to
protect mariners and spectators from the hazards associated with the
fireworks display, such as the accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris, vessel
traffic will be temporarily restricted within 210 feet of the fireworks
launch site.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Chesapeake Bay within the area bounded by a
210-foot radius circle centered on position 37[deg]02'23'' N,
076[deg]17'22'' W (NAD 1983). This safety zone will be established in
the vicinity of Buckroe Beach Park in Hampton, VA from 9:15 p.m. to 10
p.m. on September 17, 2010. In the interest of public safety, general
navigation within the safety zone will be restricted during the
specified date and times. Except for participants and vessels
authorized by the Coast Guard Captain of the Port, or his
representative, no person or vessel may enter or remain in the
regulated area.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the 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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the specified portion of The Chesapeake Bay from 9:15 p.m. to 10 p.m.
on September 17, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will be enforced for only forty-five minutes on September 17,
2010; (2) Vessel traffic will be able to navigate safely around the
zone without significant impact to their transit plans; and (3) Before
the effective period begins, we will issue maritime advisories.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) 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 cause 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.
[[Page 54773]]
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 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a safety zone around a
fireworks display and is expected to have no impact on the water or
environment. This zone is designed to protect mariners and spectators
from the hazards associated with aerial fireworks displays. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subject 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0755 to read as follows:
Sec. 165.T05-0755 Safety Zone; Thunder on the Bay, Chesapeake Bay,
Buckroe Beach Park, Hampton, VA.
(a) Location. The following area is a safety zone: All navigable
waters of the Chesapeake Bay within the area bounded by a 210-foot
radius circle centered on position 37[deg]02'23'' N/076[deg]17'22'' W
(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 or her 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 designated
representative.
(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 can be reached through
the Command Duty Officer at Sector Hampton Roads in Portsmouth,
Virginia at telephone number (757) 638-6641.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period. This regulation will be enforced from 9:15
p.m. to 10 p.m. on September 17, 2010.
Dated: August 10, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2010-22418 Filed 9-8-10; 8:45 am]
BILLING CODE 9110-04-P
