Safety Zone; Wicomico Community Fireworks, Great Wicomico River, Mila, VA, 30020-30023 [2011-12677]
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30020
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
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.
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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
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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 because it
involves the establishment of a
temporary safety zone. An
environmental analysis checklist 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,
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
1. The authority citation for part 165
continues to read as follows:
■
this part, entry into, transiting or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Detroit, or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated 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. The Captain of the Port or his
designated on scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his on-scene representative to obtain
permission to do so.
(5) 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 or his
on-scene representative.
Dated: April 27, 2011.
E.J. Marohn.
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2011–12676 Filed 5–23–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 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.
33 CFR Part 165
2. Add section § 165.T09–0190 to read
as follows:
Safety Zone; Wicomico Community
Fireworks, Great Wicomico River, Mila,
VA
■
§ 165.T09–0190 Safety zone; Marysville
Days Fireworks, St. Clair River, Marysville,
MI.
(a) Location. The safety zone will
encompass all U.S. navigable waters on
the St. Clair River within a 600 foot
radius of the fireworks launch site
located on land at position 42°54′25″ N,
082°27′58″ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
(b) Effective and enforcement period.
This rule is effective and will be
enforced from 10:15 p.m. through
10:45 p.m. on June 24, 2011.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
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[Docket No. USCG–2011–0390]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Great Wicomico River in the vicinity
of Mila, VA in support of the Wicomico
Community Fireworks event. This
action is necessary to provide for the
safety of life on navigable waters during
the Wicomico Community Fireworks.
This action is intended to restrict vessel
traffic movement on the Great Wicomico
River to protect mariners from the
hazards associated with fireworks
displays.
SUMMARY:
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
This rule is effective from 9 p.m.
on July 2, 2011, until 10 p.m. on July 3,
2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0390 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0390 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 CWO Carlos
Hernandez, Waterways Management
Division Chief, Sector Hampton Roads,
Coast Guard; telephone 757–668–5583,
e-mail Carlos.A.Hernandez@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
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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.
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. Delaying the effective date
would be contrary to the public interest
since immediate action is needed to
ensure the safety of the event
participants, spectator craft, and other
vessels transiting the event area.
Background and Purpose
On July 2, 2011 the Wicomico Church
will sponsor a fireworks display on the
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Great Wicomico River at position
37°50′31″ N/076°19′42″ W (NAD 1983).
Due to the need to protect mariners and
spectators from the hazards associated
with the fireworks display, access to the
Great Wicomico River within 420 feet of
the fireworks launching platform will be
temporarily restricted.
Discussion of Rule
The Coast Guard is establishing a
safety zone on specified waters of the
Great Wicomico River in the vicinity of
Mila, Virginia. The fireworks will be
launched from land adjacent to the
Great Wicomico River and the safety
zone is intended to protect mariners
from any fall out that may enter the
water. This safety zone will encompass
all navigable waters within 420 feet of
the fireworks launching platform
located at position 37°50′31″ N/
076°19′42″ W (NAD 1983). This safety
zone will be established in the interest
of public safety during the Wicomico
Community Fireworks event and will be
enforced from 9 p.m. until 10 p.m. on
July 2, 2011, with a rain date of 9 p.m.
until 10 p.m. on July 3, 2011. Access to
the safety zone will be restricted during
the specified date and times. Except for
individuals responsible for launching
the fireworks and vessels authorized by
the Captain of the Port or his
Representative, no person or vessel may
enter or remain in the regulated area.
Regulatory 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; (iii) mariners may transit
the waters in and around this safety
zone at the discretion of the Captain of
the Port or designated representative;
and (iv), the Coast Guard will make
notifications via maritime advisories so
mariners can adjust their plans
accordingly.
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30021
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.
The rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
that portion of the Great Wicomico
River from 9 p.m. until 10 p.m. on July
2, 2011, with a rain date of 9 p.m. until
10 p.m. on July 3, 2011.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (i) The safety
zone will only be in place for a limited
duration. (ii) Before the enforcement
period of July 2, 2011, maritime
advisories will be issued allowing
mariners to adjust their plans
accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
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30022
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
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 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 affect 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.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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
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Jkt 223001
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 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 which 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 temporary safety
zone. An environmental analysis
checklist and a categorical exclusion
determination will be available in the
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Fmt 4700
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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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 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.T05–0390, to
read as follows:
■
§ 165.T05–0390 Safety Zone; Wicomico
Community Fireworks, Great Wicomico
River, Mila, VA.
(a) Regulated Area. The following area
is a safety zone: specified waters of the
Great Wicomico River located within a
420 foot radius of the fireworks display
at approximate position 37°50′31″ N/
076°19′42″ W (NAD 1983) in Mila, VA.
(b) Definition: For purposes of
enforcement of 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) Regulation:
(1) In accordance with the general
regulations in 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign; and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads, Virginia can be contacted at
telephone number (757) 638–6637.
(4) U.S. Coast Guard vessels 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 period: This
regulation will be enforced from 9 p.m.
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
until 10 p.m. on July 2, 2011, with a rain
date of 9 p.m. until 10 p.m. on July 3,
2011.
Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2011–12677 Filed 5–23–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the
Army
33 CFR Part 334
Pamlico Sound and Adjacent Waters,
NC; Danger Zones for Marine Corps
Operations
United States Army Corps of
Engineers, DoD.
ACTION: Final rule.
AGENCY:
The U.S. Army Corps of
Engineers is amending its regulations to
establish a new danger zone. This
danger zone will enable the Marine
Corps to control access and movement
of persons, vessels and objects within
the danger zone during live fire training
exercises. The amendment is necessary
to protect the public from potentially
hazardous conditions which may exist
as a result of use of the area by the
United States Marine Corps.
DATES: Effective date: June 23, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922, or
Mr. Richard Spencer, Wilmington
District, Corps of Engineers, Regulatory
Division, at (910) 251–4172 or by e-mail
at richard.k.spencer@usace.army.mil.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat.
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3), the Corps is
amending the danger zone regulations at
33 CFR part 334 by adding 334.420
(b)(1)(v) which establishes an
Intermittent Danger Zone abutting the
existing 1.8 mile Danger Zone
[§ 334.420(b)(1)(i)] in the Pamlico Sound
and adjacent waters, Carteret County,
North Carolina. The public is currently
restricted from access to the existing 1.8
mile radius circular area and has limited
access to three additional 0.5 mile
radius circular danger zones
[§ 334.420(b)(1)(ii)(iv)] but has
unrestricted access to the remaining
surrounding waters. The current
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SUMMARY:
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military training mission requires
enhanced public safety and protection
of vessels that operate in the vicinity of
the Bombing Target-11 range. This
danger zone in the Pamlico Sound abuts
the existing 1.8 mile radius danger zone
and extends out to 2.5 miles from the
common center point. Establishment of
this additional danger zone will allow
the Marine Corps to minimize the
public safety hazard resulting from the
increased use of .50 Caliber weapons
firing from rotary-wing aircraft and
small boats during training exercises at
Bombing Target-11 Range.
The proposed rule was published in
the October 22, 2010, issue of the
Federal Register (75 FR 65278) with the
docket number COE–2010–0037 and
one comment was received. The
commenter expressed concerns over the
loss of access to fishing areas as a result
of the intermittent danger zone. The
Marine Corps changed the number of
consecutive days of operations per
month from seven to five as a result of
comments received during their
National Environmental Policy Act
process and public outreach. This
modification was designed to minimize
the impact on the public while allowing
the Marine Corps to provide appropriate
training for our service personnel as is
required by law. The intermittent
expansion of the prohibited area would
be implemented between 4 p.m. to 11
p.m., for a maximum of five consecutive
weekdays (no weekends) per month,
from February through November. The
additional 3,360-acre water area would
be temporarily removed from public use
a maximum of 50 seven-hour periods
per year.
Procedural Requirements
30023
a significant economic impact on small
entities.
C. Review Under the National
Environmental Policy Act
Due to the administrative nature of
this action and because there is no
intended change in the use of the area,
the Corps determined the amendment
does not have a significant impact on
the quality of the human environment
and, therefore, preparation of an
environmental impact statement is not
required. An environmental assessment
was prepared after the public notice
period closed. The environmental
assessment may be reviewed at the
District office listed at the end of the
FOR FURTHER INFORMATION CONTACT
section, above.
D. Unfunded Mandates Act
This final rule does not impose an
enforceable duty among the private
sector and, therefore, it is not a Federal
private sector mandate and it is not
subject to the requirements of either
Section 202 or Section 205 of the
Unfunded Mandates Act. We have also
found under Section 203 of the Act that
small governments will not be
significantly and uniquely affected by
this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety,
Navigation (water), Restricted areas,
Waterways.
For the reasons stated in the
preamble, the Corps is amending 33
CFR part 334 to read as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
Part 334 continues to read as follows:
■
A. Review Under Executive Order 12866
This final rule is issued with respect
to a military function of the Defense
Department and the provisions of
Executive Order 12866 do not apply.
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
B. Review Under the Regulatory
Flexibility Act
§ 334.420 Pamlico Sound and adjacent
waters, N.C.; danger zones for Marine
Corps operations.
This final rule has been reviewed
under the Regulatory Flexibility Act
(Pub. L. 96–354) which requires the
preparation of a regulatory flexibility
analysis for any regulation that will
have a significant economic impact on
a substantial number of small entities
(i.e., small businesses and small
governments). The economic impact of
the amendment to this danger zone does
not have an effect on the public, does
not result in a navigational hazard, or
interfere with existing waterway traffic.
Therefore, this final rule does not have
*
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2. In § 334.420 add paragraphs
(b)(1)(v) and (b)(2)(iii) to read as follows:
■
*
*
*
*
(b) * * *
(1) * * *
(v) The waters within a circular band
with an inner radius of 1.8 statute miles
and an outer radius of 2.5 statute miles
having its center at latitude 35°02′12″,
longitude -76°28′00″.
(2) * * *
(iii) The areas described in paragraph
(b)(1)(v) of this section shall be used as
a strafing area. Practice and dummy
ammunition will be used. Operations
will be conducted on five consecutive
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]]>Agencies
[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30020-30023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12677]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0390]
RIN 1625-AA00
Safety Zone; Wicomico Community Fireworks, Great Wicomico River,
Mila, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Great Wicomico River in the vicinity of Mila, VA in support of the
Wicomico Community Fireworks event. This action is necessary to provide
for the safety of life on navigable waters during the Wicomico
Community Fireworks. This action is intended to restrict vessel traffic
movement on the Great Wicomico River to protect mariners from the
hazards associated with fireworks displays.
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DATES: This rule is effective from 9 p.m. on July 2, 2011, until 10
p.m. on July 3, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0390 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0390 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 CWO Carlos Hernandez, Waterways
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone
757-668-5583, e-mail Carlos.A.Hernandez@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.
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. Delaying the effective date would
be contrary to the public interest since immediate action is needed to
ensure the safety of the event participants, spectator craft, and other
vessels transiting the event area.
Background and Purpose
On July 2, 2011 the Wicomico Church will sponsor a fireworks
display on the Great Wicomico River at position 37[deg]50'31'' N/
076[deg]19'42'' W (NAD 1983). Due to the need to protect mariners and
spectators from the hazards associated with the fireworks display,
access to the Great Wicomico River within 420 feet of the fireworks
launching platform will be temporarily restricted.
Discussion of Rule
The Coast Guard is establishing a safety zone on specified waters
of the Great Wicomico River in the vicinity of Mila, Virginia. The
fireworks will be launched from land adjacent to the Great Wicomico
River and the safety zone is intended to protect mariners from any fall
out that may enter the water. This safety zone will encompass all
navigable waters within 420 feet of the fireworks launching platform
located at position 37[deg]50'31'' N/076[deg]19'42'' W (NAD 1983). This
safety zone will be established in the interest of public safety during
the Wicomico Community Fireworks event and will be enforced from 9 p.m.
until 10 p.m. on July 2, 2011, with a rain date of 9 p.m. until 10 p.m.
on July 3, 2011. Access to the safety zone will be restricted during
the specified date and times. Except for individuals responsible for
launching the fireworks and vessels authorized by the Captain of the
Port or his Representative, no person or vessel may enter or remain in
the regulated area.
Regulatory 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; (iii) mariners may transit the waters
in and around this safety zone at the discretion of the Captain of the
Port or designated representative; and (iv), 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.
The rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in that portion of the Great Wicomico River from 9
p.m. until 10 p.m. on July 2, 2011, with a rain date of 9 p.m. until 10
p.m. on July 3, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration. (ii) Before
the enforcement period of July 2, 2011, maritime advisories will be
issued allowing mariners to adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
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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 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 affect 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 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 which 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
temporary safety zone. An environmental analysis checklist 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.
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. 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.T05-0390, to read as follows:
Sec. 165.T05-0390 Safety Zone; Wicomico Community Fireworks, Great
Wicomico River, Mila, VA.
(a) Regulated Area. The following area is a safety zone: specified
waters of the Great Wicomico River located within a 420 foot radius of
the fireworks display at approximate position 37[deg]50'31'' N/
076[deg]19'42'' W (NAD 1983) in Mila, VA.
(b) Definition: For purposes of enforcement of 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) Regulation:
(1) In accordance with the general regulations in 165.23 of this
part, entry into this zone is prohibited unless authorized by the
Captain of the Port, Hampton Roads or his designated representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
U.S. Coast Guard Ensign; and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton Roads, Virginia can be
contacted at telephone number (757) 638-6637.
(4) U.S. Coast Guard vessels 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 period: This regulation will be enforced from 9
p.m.
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until 10 p.m. on July 2, 2011, with a rain date of 9 p.m. until 10 p.m.
on July 3, 2011.
Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-12677 Filed 5-23-11; 8:45 am]
BILLING CODE 9110-04-P
