Safety Zone; Labor Day Fireworks, Ancarrows Landing Park, James River, Richmond, VA, 38086-38089 [2011-16345]
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Proposed Rules
TABLE 2 TO § 165.160—Continued
• Location: Participants will swim between Glen Cove and Larchmont,
New York and an area of Hempstead Harbor between Glen Cove
and the vicinity of Umbrella Point.
4.0
Upper New York Bay, Lower New York Bay
4.1
Ederle Swim .....................................................................................
4.2
Rose Pitonof Swim ..........................................................................
Dated: May 24, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2011–16111 Filed 6–28–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0546]
RIN 1625–AA00
Safety Zone; Labor Day Fireworks,
Ancarrows Landing Park, James River,
Richmond, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing a safety zone on the
navigable waters of James River in
Richmond, VA in support of the Labor
Day Fireworks event. This action is
necessary to provide for the safety of life
on navigable waters during the Labor
Day Fireworks show. This action is
intended to restrict vessel traffic
movement to protect mariners and
spectators from the hazards associated
with aerial fireworks displays.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 29, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0546 using any one of the
following methods:
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
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• Event Type: Swim Event.
• Date: October.
• Location: Participants will swim between Manhattan, New York and
the north shore of Sandy Hook, New Jersey transiting through the
upper New York Bay, under the Verrazano-Narrows Bridge and
across the Lower New York Bay. The route direction is determined
by the predicted tide state and direction of current on the scheduled
day of the event.
• Event Type: Swim Event.
• Date: The 2nd weekend in August.
• Location: Participants will swim between Manhattan, New York and
the shore of Coney Island, New York transiting through the Upper
New York Bay, under the Verrazano-Narrows Bridge and south in
the Lower New York Bay. The route direction is determined by the
predicted tide state and direction of current on the scheduled day of
the event.
(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 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.
If
you have questions on this notice of
proposed rulemaking, call or e-mail
LCDR Christopher O’Neal, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
757–668–5581, e-mail
Christopher.A.ONeal@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:
FOR FURTHER INFORMATION CONTACT:
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
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any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0546),
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 (via https://
www.regulations.gov) 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 telephone 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–2011–0546’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ 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
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Proposed Rules
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 the rule based on your
comments.
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 420 feet of
the fireworks launch site.
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–2011–
0546’’ 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.
Discussion of Proposed Rule
The Coast Guard proposes
establishing a temporary safety zone on
specified waters of the James River
within the area bounded by a 420-foot
radius circle centered on position
37°31′13.1″ N/077°25′07.84″ W (NAD
1983). This safety zone will be
established in the vicinity of Richmond,
VA from 8 p.m. to 9 p.m. on September
5, 2011. 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.
srobinson on DSK4SPTVN1PROD with PROPOSALS
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 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.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact LCDR
Christopher O’Neal at the telephone
number or e-mail address indicated
under the FOR FURTHER INFORMATION
CONTACT section of this notice.
Basis and Purpose
On September 5, 2011 the City of
Richmond will sponsor a fireworks
display on the shoreline of the navigable
waters of the James River centered on
position 37°31′13.1″ N/077°25′07.84″ W
(NAD 1983). Due to the need to protect
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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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this proposed
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 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
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38087
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
impact on a substantial number of small
entities because the zone will only be in
place for a limited duration, it is limited
in size, and maritime advisories will be
issued allowing the mariners to adjust
their plans accordingly.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners and
operators of vessels intending to transit
or anchor in that portion of the James
River from 8 p.m. to 9 p.m. on
September 5, 2011.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact LCDR
Christopher O’Neal, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
757–668–5580, e-mail
Christopher.A.ONeal@uscg.mil. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed 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
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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
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 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 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
srobinson on DSK4SPTVN1PROD with PROPOSALS
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’’
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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. A preliminary
environmental analysis checklist
supporting this determination will be
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone
around a fireworks display. The
fireworks are launched from land and
the safety zone is intended to keep
mariners away from any debris that may
enter the water. 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.
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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. 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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0546 to read as
follows:
165.T05–0546 Safety Zone; Labor Day
Fireworks, Ancarrows Landing Park, James
River, Richmond, VA.
(a) Regulated Area. The following area
is a safety zone: Specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, in the vicinity of the James River in
Richmond, VA and within 420 feet of
position 337°31′13.1″ N/077°25′07.84″
W (NAD 1983).
(b) Definition. For the purposes of this
part, 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 can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
Number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This
regulation will be enforced from 8 p.m.
until 9 p.m. on September 5, 2011.
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Dated: June 17, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard Captain of the
Port Hampton Roads.
comments to the Regulatory Secretariat
at one of the addressees shown below
on or before July 27, 2011 to be
considered in the formation of the final
rule.
[FR Doc. 2011–16345 Filed 6–28–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 3, 4, 7, 9, 11, 12, 13,
14, 15, 16, 18, 37, 42, 52, and 53
[FAR Case 2011–001; Docket 2011–0001;
Sequence 1]
RIN 9000–AL82
Federal Acquisition Regulation;
Organizational Conflicts of Interest
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to provide
revised regulatory coverage on
organizational conflicts of interest
(OCIs), provide additional coverage
regarding contractor access to nonpublic
information, and add related provisions
and clauses. Section 841 of the Duncan
Hunter National Defense Authorization
Act for Fiscal Year 2009 required a
review of the FAR coverage on OCIs.
This proposed rule was developed as a
result of a review conducted in
accordance with Section 841 by the
Civilian Agency Acquisition Council
and the Defense Acquisition Regulations
Council (the Councils) and the Office of
Federal Procurement Policy (OFPP), in
consultation with the Office of
Government Ethics (OGE). This
proposed rule was preceded by an
Advance Notice of Proposed
Rulemaking (ANPR), under FAR Case
2007–018 (73 FR 15962), to gather
comments from the public with regard
to whether and how to improve the FAR
coverage on OCIs. The comment period
is being reopened for an additional 30
days to provide additional time for
interested parties to review the
proposed FAR changes.
DATES: The comment period for the
proposed rule that published on April
26, 2011 at 76 FR 23236 is reopened.
Interested parties should submit written
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
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16:52 Jun 28, 2011
Submit comments in
response to FAR case 2011–001 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2011–001’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2011–001.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘FAR Case 2011–001’’ on your attached
document.
• Fax: (202) 501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street, NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FAR Case 2011–001, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
ADDRESSES:
Jkt 223001
Mr.
Anthony Robinson, Procurement
Analyst, at (202) 501–2658, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAR Case 2011–001.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
The Councils published a proposed
rule in the Federal Register at 76 FR
23236, April 26, 2011. The comment
period is being reopened for an
additional 30 days to provide additional
time for interested parties to review the
proposed FAR changes. Therefore,
accordingly, the comment period for the
proposed rule that published on April
26, 2011 at 76 FR 23236 is reopened.
Dated: June 23, 2011.
Millisa Gary,
Acting Director, Federal Acquisition Policy
Division.
[FR Doc. 2011–16338 Filed 6–28–11; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204 and 252
RIN 0750–AG47
Defense Federal Acquisition
Regulation Supplement; Safeguarding
Unclassified DoD Information (DFARS
Case 2011–D039)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
a new subpart and associated contract
clauses to address requirements for
safeguarding unclassified DoD
information.
SUMMARY:
Comments on the proposed rule
should be submitted in writing to one of
the addresses shown below on or before
August 29, 2011, to be considered in the
formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2011–D039,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2011–D039 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Julian
Thrash, OUSD(AT&L)DPAP(DARS),
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your comment,
please check https://www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Julian Thrash, telephone 703–602–0310.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
The DFARS does not presently
address the safeguarding of unclassified
DoD information within industry, nor
does it address cyber intrusion reporting
for that information. DoD published an
Advance Notice of Proposed
Rulemaking (ANPR), and notice of
public meeting in the Federal Register
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]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Proposed Rules]
[Pages 38086-38089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16345]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0546]
RIN 1625-AA00
Safety Zone; Labor Day Fireworks, Ancarrows Landing Park, James
River, Richmond, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a safety zone on the
navigable waters of James River in Richmond, VA in support of the Labor
Day Fireworks event. This action is necessary to provide for the safety
of life on navigable waters during the Labor Day Fireworks show. This
action is intended to restrict vessel traffic movement to protect
mariners and spectators from the hazards associated with aerial
fireworks displays.
DATES: Comments and related material must be received by the Coast
Guard on or before July 29, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0546 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
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 notice
of proposed rulemaking, call or e-mail LCDR Christopher O'Neal,
Waterways Management Division Chief, Sector Hampton Roads, Coast Guard;
telephone 757-668-5581, e-mail Christopher.A.ONeal@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-2011-0546), 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 (via https://www.regulations.gov) 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 telephone 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-2011-0546'' in the ``Keyword'' box.
Click ``Search'' 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
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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 the 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-2011-0546'' 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 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.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LCDR Christopher O'Neal at the telephone number or e-mail
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.
Basis and Purpose
On September 5, 2011 the City of Richmond will sponsor a fireworks
display on the shoreline of the navigable waters of the James River
centered on position 37[deg]31'13.1'' N/077[deg]25'07.84'' 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
420 feet of the fireworks launch site.
Discussion of Proposed Rule
The Coast Guard proposes establishing a temporary safety zone on
specified waters of the James River within the area bounded by a 420-
foot radius circle centered on position 37[deg]31'13.1'' N/
077[deg]25'07.84'' W (NAD 1983). This safety zone will be established
in the vicinity of Richmond, VA from 8 p.m. to 9 p.m. on September 5,
2011. 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 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
proposed 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 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 impact on a substantial
number of small entities because the zone will only be in place for a
limited duration, it is limited in size, and maritime advisories will
be issued allowing the mariners to adjust their plans accordingly.
This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in that portion of the James River from
8 p.m. to 9 p.m. on September 5, 2011.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Christopher O'Neal,
Waterways Management Division Chief, Sector Hampton Roads, Coast Guard;
telephone 757-668-5580, e-mail Christopher.A.ONeal@uscg.mil. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed 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
[[Page 38088]]
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 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 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 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. A preliminary
environmental analysis checklist supporting this determination will be
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a safety zone around a fireworks display.
The fireworks are launched from land and the safety zone is intended to
keep mariners away from any debris that may enter the water. 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. 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; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Sec. 165.T05-0546 to read as follows:
165.T05-0546 Safety Zone; Labor Day Fireworks, Ancarrows Landing Park,
James River, Richmond, VA.
(a) Regulated Area. The following area is a safety zone: Specified
waters of the Captain of the Port Sector Hampton Roads zone, as defined
in 33 CFR 3.25-10, in the vicinity of the James River in Richmond, VA
and within 420 feet of position 337[deg]31'13.1'' N/077[deg]25'07.84''
W (NAD 1983).
(b) Definition. For the purposes of this part, 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 can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number (757) 668-5555.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This regulation will be enforced from 8
p.m. until 9 p.m. on September 5, 2011.
[[Page 38089]]
Dated: June 17, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard Captain of the Port Hampton Roads.
[FR Doc. 2011-16345 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P
