Safety Zone; Town of Cape Charles Fireworks, Cape Charles Harbor, Cape Charles, VA, 29929-29932 [2012-12259]
Download as PDF
Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
Order and have determined that it does
not have implications for federalism.
6. 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 will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
7. Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
8. 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.
9. 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.
10. 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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
11. 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
VerDate Mar<15>2010
17:07 May 18, 2012
Jkt 226001
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.
12. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
13. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and Commandant Instruction
M16475.lD which guides 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 because it
simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded from further review under
paragraph 32(e) of Figure 2–1 of the
Commandant Instruction. Under figure
2–1, paragraph (32)(e), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule. 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 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.435, the existing paragraph
is designated paragraph (b). A new
paragraph (a) is added to read as
follows:
§ 117.435
Carlin Bayou.
(a) The draw of the Louisiana and
Delta Railroad (LDRR) Bridge, mile 6.4,
at Delcambre, shall operate as follows:
(1) The draw shall be maintained in
the fully open position for navigation at
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29929
all times, except during periods when it
is closed for the passage of rail traffic.
(2) When a train approaches the
bridge, it will stop and a crewmember
from the train will observe the waterway
for approaching vessels. If vessels are
observed approaching the bridge, they
will be allowed to pass prior to lowering
the bridge. The crewmember will verify
that the adjacent highway bridge is in
the closed-to-navigation position prior
to initiating the lowering sequence.
(3) After the train has completely
passed over the bridge, the crewmember
will initiate the raising sequence.
(4) To request openings of the bridge
when the lift span is in the closed-tonavigation position, mariners may call
the LDRR Signal Supervisor at 337–316–
6015.
*
*
*
*
*
Dated: May 3, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander,
Eighth Coast Guard District Acting.
[FR Doc. 2012–12272 Filed 5–18–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0293]
RIN 1625–AA00
Safety Zone; Town of Cape Charles
Fireworks, Cape Charles Harbor, Cape
Charles, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone on
the waters of Cape Charles City Harbor
in Cape Charles, VA in support of the
Fourth of July Fireworks event. 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 20, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0293 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
SUMMARY:
E:\FR\FM\21MYP1.SGM
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29930
Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
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 proposed
rule, call or email LCDR 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: The Coast
Guard anticipates that this proposed
rule, when finalized, will be effective on
July 4th and 5th, 2012.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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–2012–0293),
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
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17:07 May 18, 2012
Jkt 226001
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, and insert
‘‘USCG–2012–0293’’ in the ‘‘Keyword’’
box, then click ‘‘Search.’’ 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, 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
‘‘Keyword’’ box and insert ‘‘USCG–
2012–0293’’ 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 Hector
Cintron at the telephone number or
email address indicated under the FOR
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FURTHER INFORMATION CONTACT
section of
this notice.
Basis and Purpose
On July 4, 2012 the Town of Cape
Charles will sponsor a fireworks display
on the shoreline of the navigable waters
of Cape Charles City Harbor centered on
position 37°15′46.5″ N/076°01′30″ 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 Captain of the Port Hampton
Roads proposes to establish a safety
zone on specified waters of the Cape
Charles City Harbor within the area
bounded by a 420-foot radius circle
centered on position 37°15′46.5″ N/
076°01′30″ W (NAD 1983). This safety
zone would be established in the
vicinity of Cape Charles, VA from 9 p.m.
to 10 p.m. on July 4, 2012, with a rain
date of July 5, 2012 from 9 p.m. until
10 p.m.. 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
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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
via maritime advisories so mariners can
adjust their plans accordingly.
mstockstill on DSK4VPTVN1PROD 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 Cape
Charles Harbor from 9 p.m. to 10:00
p.m. on July 4, 2012, with a rain date
of July 5, 2012 from 9 p.m. until
10 p.m..
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
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17:07 May 18, 2012
Jkt 226001
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
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Fmt 4702
Sfmt 4702
29931
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
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29932
Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Proposed Rules
(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. This rule is
categorically excluded, under figure 2–
1, paragraph (34)(g) of the Instruction
because it involves the establishment of
a temporary safety zone. An
environmental analysis checklist and a
categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES. 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. 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; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0293 to read as
follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(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 Cape Charles
Harbor in Cape Charles, VA and within
420 feet of position 37°15′46.5″ N/
076°01′30″ 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.
17:07 May 18, 2012
Jkt 226001
Dated: May 3, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–12259 Filed 5–18–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Nautical City Festival Air
Show, Rogers City, MI
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a safety zone in the Captain of
the Port Sault Sainte Marie zone. This
proposed safety zone is intended to
restrict vessels from certain portions of
water areas within Sector Sault Sainte
Marie Captain of the Port zone. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with an air show
performance.
SUMMARY:
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Sfmt 4702
Comments and related materials
must be received by the Coast Guard on
or before June 20, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0389 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.
DATES:
If
you have questions on this proposed
rule, call or email MST3 Kevin Moe,
Prevention Department, Coast Guard,
Sector Sault Sainte Marie, MI, telephone
(906) 253–2429, email Kevin.D.Moe@
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.
Coast Guard
[Docket No. USCG–2012–0389]
§ 165.T05–0293 Safety Zone; Cape Charles
Fireworks, Cape Charles Harbor, Cape
Charles, VA.
VerDate Mar<15>2010
(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 9 p.m.
until 10 p.m. on July 4, 2012, with a
rain date of July 5, 2012, from 9 p.m.
until 10 p.m.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0389),
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
E:\FR\FM\21MYP1.SGM
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Agencies
[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29929-29932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12259]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0293]
RIN 1625-AA00
Safety Zone; Town of Cape Charles Fireworks, Cape Charles Harbor,
Cape Charles, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone on the waters of Cape Charles City Harbor in Cape Charles, VA in
support of the Fourth of July Fireworks event. 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 20, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0293 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
[[Page 29930]]
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 proposed
rule, call or email LCDR 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: The Coast Guard anticipates that this
proposed rule, when finalized, will be effective on July 4th and 5th,
2012.
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-2012-0293), 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, and insert ``USCG-2012-0293'' in
the ``Keyword'' box, then click ``Search.'' 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 ``Keyword'' box and insert ``USCG-2012-0293'' 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 Hector Cintron at the telephone number or email address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Basis and Purpose
On July 4, 2012 the Town of Cape Charles will sponsor a fireworks
display on the shoreline of the navigable waters of Cape Charles City
Harbor centered on position 37[deg]15'46.5'' N/076[deg]01'30'' 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 Captain of the Port Hampton Roads proposes to establish a
safety zone on specified waters of the Cape Charles City Harbor within
the area bounded by a 420-foot radius circle centered on position
37[deg]15'46.5'' N/076[deg]01'30'' W (NAD 1983). This safety zone would
be established in the vicinity of Cape Charles, VA from 9 p.m. to 10
p.m. on July 4, 2012, with a rain date of July 5, 2012 from 9 p.m.
until 10 p.m.. 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
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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 Cape Charles
Harbor from 9 p.m. to 10:00 p.m. on July 4, 2012, with a rain date of
July 5, 2012 from 9 p.m. until 10 p.m..
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
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(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. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Instruction because it involves the
establishment of a temporary safety zone. An environmental analysis
checklist and a categorical exclusion determination will be available
in the docket where indicated under ADDRESSES. 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. 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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Add Sec. 165.T05-0293 to read as follows:
Sec. 165.T05-0293 Safety Zone; Cape Charles Fireworks, Cape Charles
Harbor, Cape Charles, 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 Cape Charles Harbor in Cape
Charles, VA and within 420 feet of position 37[deg]15'46.5'' N/
076[deg]01'30'' 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 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This regulation will be enforced from 9
p.m. until 10 p.m. on July 4, 2012, with a rain date of July 5, 2012,
from 9 p.m. until 10 p.m.
Dated: May 3, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-12259 Filed 5-18-12; 8:45 am]
BILLING CODE 9110-04-P