Safety Zone; Labor Day Fireworks, Ancarrows Landing Park, James River, Richmond, VA, 54382-54384 [2011-22355]
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54382
Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Rules and Regulations
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:
■
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 § 165.T09–0719 to read as
follows:
■
wreier-aviles on DSKDVH8Z91PROD with RULES
§ 165.T09–0719 Safety Zone; Suttons Bay
Labor Day Fireworks, Suttons Bay, Grand
Traverse Bay, MI.
(a) Location. The following area is a
temporary safety zone: all waters of
Lake Michigan within a 500-foot radius
from the fireworks launch site,
approximately 325 yards northwest of
the Municipal Marina, at position
44°58′39.96″ N, 085°38′33.78″ W:
[DATUM: NAD 83].
(b) Effective and Enforcement period.
This regulation is effective and will be
enforced from 8 p.m. until 11 p.m. on
September 3, 2011. If the September 3
fireworks are cancelled due to
inclement weather, then this section
will be effective and enforced
September 4 from 8 p.m. until 11 p.m.
(c) Definitions. The following
definitions apply to this section:
(1) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Sault Sainte
Marie to monitor these safety zones,
permit entry into these safety zones,
give legally enforceable orders to
persons or vessels within these safety
zones, or take other actions authorized
by the Captain of the Port.
(2) Public vessel means a vessel
owned, chartered, or operated by the
United States or by a State or political
subdivision thereof.
(d) Regulations. (1) The general
regulations in 33 CFR 165.23 apply.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port Sault
Sainte Marie or a designated
representative. Upon being hailed by the
U.S. Coast Guard by siren, radio,
flashing light or other means, the
operator of a vessel shall proceed as
directed.
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(3) When the safety zone established
by this section is being enforced, all
vessels must obtain permission from the
Captain of the Port Sault Sainte Marie
or his designated representative to enter,
move within, or exit that safety zone.
Vessels and persons granted permission
to enter the safety zone shall obey all
lawful orders or directions of the
Captain of the Port or his designated
representative. While within the safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
(4) The Captain of the Port, Sector
Sault Sainte Marie may suspend at any
time the enforcement of the safety zone
established under this section.
(5) The Captain of the Port, Sector
Sault Sainte Marie, will notify the
public of the enforcement and
suspension of enforcement of the safety
zone established by this section via any
means that will provide as much notice
as possible to the public. These means
might include some or all of those listed
in 33 CFR 165.7(a). The primary method
of notification, however, will be through
Broadcast Notice to Mariners and local
Notice to Mariners.
(e) Exemption. Public vessels, as
defined in paragraph (c) of this section,
are exempt from the requirements in
this section.
Dated: August 16, 2011.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2011–22357 Filed 8–31–11; 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.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a 420-foot radius 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
SUMMARY:
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and spectators from the hazards
associated with aerial fireworks
displays.
DATES: This rule will be effective from
8 p.m. until 9 p.m. on September 5,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0546 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0546 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
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 LCDR Christopher A.
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 the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 29, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Labor Day
Fireworks, Ancarrows Landing Park,
James River, Richmond, VA in the
Federal Register (76 FR 125). We
received 00 comments on the proposed
rule. No public meeting was requested,
and none was held.
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
event; therefore, a 30-day notice is
impracticable. Delaying the effective
date would be contrary to the safety
zone’s intended objectives of protecting
persons and vessels involved in the
event, and enhancing public and
maritime safety.
Background and Purpose
On September 5, 2011, the City of
Richmond, Virginia will sponsor a
fireworks display on the shoreline of the
navigable waters of the James River
centered on position 37°31′13.1″ N/
E:\FR\FM\01SER1.SGM
01SER1
Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Rules and Regulations
077°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 Comments and Changes
The Coast Guard did not receive
comments in response to the notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing a safety
zone on specified waters on the James
River, Richmond, Virginia.
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.
wreier-aviles on DSKDVH8Z91PROD with RULES
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
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 would not
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54383
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.
The rule will 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.
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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could 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.
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Fmt 4700
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Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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
E:\FR\FM\01SER1.SGM
01SER1
54384
Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
Technical Standards
■
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
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 that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This 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.
wreier-aviles on DSKDVH8Z91PROD with RULES
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:
VerDate Mar<15>2010
15:05 Aug 31, 2011
Jkt 223001
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; Pub. L.
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, 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 (165.65 Mhz) 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.
Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2011–22355 Filed 8–31–11; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R09–OAR–2011–0537; FRL–9457–6]
California State Implementation Plan,
South Coast Air Quality Management
District; Withdrawal of Direct Final
Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
On July 15, 2011 (76 FR
41717), EPA published a direct final
approval of a revision to the California
State Implementation Plan (SIP). This
revision concerned South Coast Air
Quality Management District
(SCAQMD) Rule 1143, Consumer Paint
Thinner & Multi-Purpose Solvents and
Rule 1144, Metal Working Fluids &
Direct-Contact Lubricants. The direct
final action was published without prior
proposal because EPA anticipated no
adverse comment. The direct final rule
stated that if adverse comments were
received by August 15, 2011, EPA
would publish a timely withdrawal in
the Federal Register. EPA received
timely adverse comments.
Consequently, with this revision we are
withdrawing the direct final approval of
SCAQMD Rules 1143 and 1144. EPA
will either address the comments in a
subsequent final action based on the
parallel proposal also published on July
15, 2011 (76 FR 41745), or repropose an
alternative action. As stated in the
parallel proposal, EPA will not institute
a second comment period on a
subsequent final action. Accordingly,
the amendment to 40 CFR 52.220
published in the Federal Register on
July 15, 2011, (76 FR 41717) which was
to become effective on September 13,
2011 is withdrawn.
DATES: Effective Date: The amendment
to 40 CFR 52.220 which published at 76
FR 41717 on July 15, 2011 is withdrawn
as of September 1, 2011.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2011–0537 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54382-54384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22355]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 420-foot radius 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: This rule will be effective from 8 p.m. until 9 p.m. on
September 5, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0546 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0546 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 LCDR Christopher A. 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 the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 29, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Labor Day Fireworks, Ancarrows Landing
Park, James River, Richmond, VA in the Federal Register (76 FR 125). We
received 00 comments on the proposed rule. No public meeting was
requested, and none was held.
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 event; therefore, a
30-day notice is impracticable. Delaying the effective date would be
contrary to the safety zone's intended objectives of protecting persons
and vessels involved in the event, and enhancing public and maritime
safety.
Background and Purpose
On September 5, 2011, the City of Richmond, Virginia 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/
[[Page 54383]]
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 Comments and Changes
The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing a safety zone on specified
waters on the James River, Richmond, Virginia.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. 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
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.
The rule will 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 54384]]
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
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This 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 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
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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0546 to read as follows:
165.T05-0546 Safety Zone; Labor Day Fireworks, 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
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 (165.65 Mhz) 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.
Dated: August 19, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-22355 Filed 8-31-11; 8:45 am]
BILLING CODE 9110-04-P
