Safety Zone, Temporary Change for Recurring Fifth Coast Guard District Fireworks Displays, Cavalier Golf & Yacht Club Independence Day Fireworks Display, Broad Bay Virginia Beach, VA, 27156-27159 [2012-11138]

Download as PDF 27156 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules request, OSTP may aggregate any such requests and charge accordingly. (d) Fees likely to exceed $25. If the total fee charges are likely to exceed $25, OSTP shall notify the requester of the estimated amount of the charges. The notification shall offer the requester an opportunity to confer with the FOIA Public Liaison to reformulate the request to meet the requester’s needs at a lower cost. (e) Advance payments. Advance payment of fees will generally not be required. If, however, charges are likely to exceed $250, OSTP shall notify the requester of the likely cost and: (1) Obtain satisfactory assurance of full payment; or (2) if the requester has no history of payment or has failed to pay a fee within 30 days of the date of billing, OSTP may require the requester to pay the full amount of any fees owed and/ or to make an advance payment of the full amount of the estimated charges before OSTP begins to process the new request or a pending request from that requester. (f) Other charges. OSTP will recover the full costs of providing services such as those enumerated below when it elects to provide them: (1) Certifying that records are true copies; (2) Sending records by special methods such as express mail. (g) Remittances. Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, or a postal money order. Remittances shall be made payable to the order of the Treasury of the United States and mailed to the Chief FOIA Officer, Office of Science and Technology Policy, Eisenhower Executive Office Building, 1650 Pennsylvania Ave. NW., Washington, DC 20504. (h) Receipts and refunds. A receipt for fees paid will be given upon request. Refund of fees paid for services actually rendered will not be made. sroberts on DSK5SPTVN1PROD with PROPOSALS § 2402.9 Waiver of fees. (a) In general. OSTP shall waive part or all of the fees assessed under § 8 if the following conditions are satisfied: (1) Disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government; and (2) Disclosure is not primarily in the commercial interest of the requester. (b) Clarification. Where OSTP has reasonable cause to doubt the use to which a requester will put the records sought, or where that use is not clear from the request itself, OSTP may seek VerDate Mar<15>2010 15:37 May 08, 2012 Jkt 226001 clarification from the requester before assigning the request to a specific category for fee assessment purposes. (c) Partial waiver of fees. If the two conditions stated in paragraph (a) of this section are met, OSTP will ordinarily waive all fees. In exceptional cases, however, a partial waiver may be granted if the request for records would impose an exceptional burden or require an exceptional expenditure of OSTP resources. (d) Failure to comply. OSTP will not assess fees under § 2402.8 if the Agency fails to comply with any time limit and no exceptional circumstances apply to processing the request. (e) Waivers. OSTP may waive fees in other circumstances solely at its discretion, consistent with 5 U.S.C. 552 and the Fee Waiver Policy Guidance issued by the Department of Justice. § 2402.10 Maintenance of statistics. (a) OSTP shall maintain records that are sufficient to allow accurate reporting of FOIA processing statistics, as required under 5 U.S.C. 552 and all guidelines for the preparation of annual FOIA reports issued by the Department of Justice. (b) OSTP shall annually, on or before February 1 of each year, prepare and submit to the Attorney General an annual report compiling the statistics maintained in accordance with paragraph (a) of this section for the previous fiscal year. A copy of the report will be available for public inspection at the OSTP Web site. § 2402.11 Disclaimer. Nothing in this subpart shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under FOIA. Ted Wackler, Deputy Chief of Staff and Assistant Director. [FR Doc. 2012–10868 Filed 5–8–12; 8:45 am] BILLING CODE P PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0227] RIN 1625–AA00 Safety Zone, Temporary Change for Recurring Fifth Coast Guard District Fireworks Displays, Cavalier Golf & Yacht Club Independence Day Fireworks Display, Broad Bay Virginia Beach, VA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing a temporary change to the enforcement period of a safety zone regulation for one recurring firework display within the Fifth Coast Guard District. This regulation refers to the firework display event that takes place on the navigable waters of Broad Bay in Virginia Beach, VA. This action is necessary to provide for the safety of life on navigable waters during the Cavalier Golf & Yacht Club Independence Day Fireworks Display. This action is intended to restrict vessel traffic movement to protect mariners from the hazards associated with firework displays. DATES: Comments and related material must be received by the Coast Guard on or before June 8, 2012. The Coast Guard anticipates that this proposed rule will be effective on July 1, 2012 and enforced from 9:30 p.m. to 10 p.m. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0227 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. SUMMARY: E:\FR\FM\09MYP1.SGM 09MYP1 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules If you have questions on this proposed rule, call or email Hector Cintron, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone 757–668–5581, email Hector.L.Cintron@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. FOR FURTHER INFORMATION CONTACT: 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. sroberts on DSK5SPTVN1PROD with PROPOSALS Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2012–0227), 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 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 email 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–2012–0227’’ 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 comments by mail and would like to know that they reached the Facility, VerDate Mar<15>2010 15:37 May 08, 2012 Jkt 226001 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–2012– 0227’’ 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 Chris O’Neal at the telephone number or email address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. Basis and Purpose On July 1, 2012 Cavalier Golf & Yacht Club will host a fireworks display on the shoreline of the navigable waters on Broad Bay in Virginia Beach, VA. The fireworks will be launched from a shore based platform centered on position 36°52′08″ N/076°00′46″ W (NAD 1983). Due to the need to protect mariners and PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 27157 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 on all navigable waters within 400 yard radius of the fireworks launch site. Discussion of Proposed Rule The Captain of the Port Hampton Roads proposes to change the enforcement period of the safety zone for one recurring fireworks event within the Fifth Coast Guard District. This regulation applies to the July 4th fireworks event listed at (c)(4), in the Table to Sec. 165.506. The event will not be taking place on July 4th. The Table to Sec. 165.506, event (c)(4), establishes the enforcement date for the fireworks event held in Virginia Beach, VA, on specified waters of the Broad Bay within the area bounded by 400 yard radius centered on position 36°52′08″ N/076°00′46″ W (NAD 1983). The area of the safety zone enforcement will not change; the date of enforcement of the safety zone will change. This temporary safety zone will be enforced in the vicinity of Virginia Beach, VA from 9:30 p.m. to 10 p.m. on July 1, 2012. 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) E:\FR\FM\09MYP1.SGM 09MYP1 27158 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules the Coast Guard will make notifications via maritime advisories so mariners can adjust their plans accordingly. sroberts on DSK5SPTVN1PROD with PROPOSALS 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 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 Broad Bay from 9:30 p.m. until 10 p.m. on July 1, 2012. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This safety zone would be activated, and thus subject to enforcement, for only one-half hour in the evening, when vessel traffic is low. Although the safety zone would apply to the entirety of Broad Bay, traffic would be allowed to pass through the zone with the permission of the Captain of the Port Before the activation of the zone, we would issue maritime advisories widely available to users of the river. 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 VerDate Mar<15>2010 15:37 May 08, 2012 Jkt 226001 compliance, please contact LCDR Hector Cintron, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone 757–668–5581, email Hector.L.Cintron@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 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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 E:\FR\FM\09MYP1.SGM 09MYP1 27159 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. In accordance with the Coastal Zone Management Act, National Environmental Policy Act, and the Endangered Species Act an environmental consultation has been initiated with Virginia Department of Environmental Quality, Army Corps of Engineers, Virginia Marine Resource Commission, and The Department of Conservation and Recreation. Upon receipt of consultation comments all documentation will be made available in the docket where indicated under ADDRESSES. This proposed rule involves establishing a temporary safety zone. 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 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. In § 165.506, amend ‘‘Table to § 165.506’’ under ‘‘(c) Coast Guard Sector Hampton Roads—COTP Zone,’’ suspend number 4, and add number 23, to read as follows: § 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays. * * * * * 1. The authority citation for part 165 continues to read as follows: TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983] Number Date Location Regulated area (c) Coast Guard Sector Hampton Roads—COTP Zone * 23 .............................. * July 1st ...................... Dated: April 4, 2012. Mark S. Ogle, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. [FR Doc. 2012–11138 Filed 5–8–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0251] RIN 1625–AA00 Safety Zone, Temporary Change for Recurring Fifth Coast Guard District Fireworks Displays; Northwest Harbor (East Channel) and Tred Avon River, MD Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: sroberts on DSK5SPTVN1PROD with PROPOSALS ACTION: The Coast Guard is proposing a temporary change to the enforcement periods and regulated areas of safety zone regulations for two recurring fireworks displays within the Fifth Coast Guard District. This regulation applies to a recurring fireworks display events that take place at Baltimore, MD and Oxford, MD. Safety zone regulations SUMMARY: VerDate Mar<15>2010 15:37 May 08, 2012 Jkt 226001 * * Broad Bay, Virginia Beach, VA, Safety Zone. * * * All Waters of the Broad Bay within a 400-yard radius of the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near Cavalier Golf and Yacht Club, Virginia Beach, Virginia. are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in portions of the Northwest Harbor (East Channel), Patapsco River, and Tred Avon River during the event. DATES: Comments and related material must be received by the Coast Guard on or before May 23, 2012. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0251 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. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 If you have questions on this proposed rule, call or email Mr. Ronald Houck, Sector Baltimore Waterways Management Division, Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@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 any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2012–0251), 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 E:\FR\FM\09MYP1.SGM 09MYP1

Agencies

[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27156-27159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11138]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0227]
RIN 1625-AA00


Safety Zone, Temporary Change for Recurring Fifth Coast Guard 
District Fireworks Displays, Cavalier Golf & Yacht Club Independence 
Day Fireworks Display, Broad Bay Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing a temporary change to the 
enforcement period of a safety zone regulation for one recurring 
firework display within the Fifth Coast Guard District. This regulation 
refers to the firework display event that takes place on the navigable 
waters of Broad Bay in Virginia Beach, VA. This action is necessary to 
provide for the safety of life on navigable waters during the Cavalier 
Golf & Yacht Club Independence Day Fireworks Display. This action is 
intended to restrict vessel traffic movement to protect mariners from 
the hazards associated with firework displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 8, 2012.
    The Coast Guard anticipates that this proposed rule will be 
effective on July 1, 2012 and enforced from 9:30 p.m. to 10 p.m.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0227 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.

[[Page 27157]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Hector Cintron, Waterways Management Division 
Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-5581, email 
Hector.L.Cintron@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-2012-0227), 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 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 email 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-2012-0227'' 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 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-2012-0227'' 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 Chris O'Neal at the telephone number or email address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Basis and Purpose

    On July 1, 2012 Cavalier Golf & Yacht Club will host a fireworks 
display on the shoreline of the navigable waters on Broad Bay in 
Virginia Beach, VA. The fireworks will be launched from a shore based 
platform centered on position 36[deg]52'08'' N/076[deg]00'46'' 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 on all 
navigable waters within 400 yard radius of the fireworks launch site.

Discussion of Proposed Rule

    The Captain of the Port Hampton Roads proposes to change the 
enforcement period of the safety zone for one recurring fireworks event 
within the Fifth Coast Guard District. This regulation applies to the 
July 4th fireworks event listed at (c)(4), in the Table to Sec. 
165.506. The event will not be taking place on July 4th.
    The Table to Sec. 165.506, event (c)(4), establishes the 
enforcement date for the fireworks event held in Virginia Beach, VA, on 
specified waters of the Broad Bay within the area bounded by 400 yard 
radius centered on position 36[deg]52'08'' N/076[deg]00'46'' W (NAD 
1983). The area of the safety zone enforcement will not change; the 
date of enforcement of the safety zone will change. This temporary 
safety zone will be enforced in the vicinity of Virginia Beach, VA from 
9:30 p.m. to 10 p.m. on July 1, 2012. 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)

[[Page 27158]]

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 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 Broad Bay from 
9:30 p.m. until 10 p.m. on July 1, 2012. This safety zone would not 
have a significant economic impact on a substantial number of small 
entities for the following reasons. This safety zone would be 
activated, and thus subject to enforcement, for only one-half hour in 
the evening, when vessel traffic is low. Although the safety zone would 
apply to the entirety of Broad Bay, traffic would be allowed to pass 
through the zone with the permission of the Captain of the Port Before 
the activation of the zone, we would issue maritime advisories widely 
available to users of the river.
    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 Hector Cintron, Waterways 
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone 
757-668-5581, email Hector.L.Cintron@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 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

[[Page 27159]]

that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. In accordance with the Coastal Zone Management Act, 
National Environmental Policy Act, and the Endangered Species Act an 
environmental consultation has been initiated with Virginia Department 
of Environmental Quality, Army Corps of Engineers, Virginia Marine 
Resource Commission, and The Department of Conservation and Recreation. 
Upon receipt of consultation comments all documentation will be made 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing a temporary safety zone. 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. In Sec.  165.506, amend ``Table to Sec.  165.506'' under ``(c) 
Coast Guard Sector Hampton Roads--COTP Zone,'' suspend number 4, and 
add number 23, to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

* * * * *

                                             Table to Sec.   165.506
                [All coordinates listed in the Table to Sec.   165.506 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
             Number                             Date                       Location            Regulated area
----------------------------------------------------------------------------------------------------------------
                                 (c) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
23..............................  July 1st........................  Broad Bay, Virginia    All Waters of the
                                                                     Beach, VA, Safety      Broad Bay within a
                                                                     Zone.                  400-yard radius of
                                                                                            the fireworks
                                                                                            display in
                                                                                            approximate position
                                                                                            latitude
                                                                                            36[deg]52'08'' N,
                                                                                            longitude
                                                                                            076[deg]00'46'' W,
                                                                                            located on the
                                                                                            shoreline near
                                                                                            Cavalier Golf and
                                                                                            Yacht Club, Virginia
                                                                                            Beach, Virginia.
----------------------------------------------------------------------------------------------------------------


    Dated: April 4, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-11138 Filed 5-8-12; 8:45 am]
BILLING CODE 9110-04-P
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