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, 39174-39177 [2012-16232]
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39174
Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
Children From Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
With Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
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complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add temporary § 165.T17–0512, to
read as follows:
(4) Persons desiring to enter the safety
zone may request permission from the
Captain of the Port Southeast Alaska via
VHF Channel 16 or 13 (156.650 MHz),
or via telephone at (907) 463–2990.
(5) The Coast Guard will issue a
broadcast notice to mariners to advise
mariners of the temporary safety zone
and on-scene Coast Guard
representatives will provide notice to
mariners during the event.
(d) Enforcement Period. This rule will
be enforced from 9:00 p.m. local time on
July 3, 2012, to 1:00 a.m. local time on
July 4, 2012. If the event is postponed
due to weather, the rule may be
enforced on a succeeding date between
July 5, 2012, and July 10, 2012. The
Coast Guard will issue a broadcast
notice to mariners to advise mariners of
the date change for the temporary safety
zone and on-scene Coast Guard
representatives will provide notice to
mariners during the event.
Dated: June 7, 2012.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the
Port Southeast Alaska.
[FR Doc. 2012–16117 Filed 6–29–12; 8:45 am]
BILLING CODE 9110–04–P
■
§ 165.T17–0512 Safety Zone: Taiya Inlet,
City of Skagway, Alaska, for 4th of July
Fireworks Display.
(a) Location. The following area is a
safety zone: All navigable waters, from
surface to bottom, of Taiya Inlet within
a 1000 foot radius of position of
59°26.70′ N and 135°19.58′ W.
(b) Definitions. The following
definition applies to this section:
‘‘Designated representative’’ means any
commissioned, warrant, and petty
officer of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port Southeast Alaska.
(c) Regulations. (1) Under the general
regulations contained in § 165.23 of this
title, entry into, transiting, or anchoring
within this safety zone is prohibited
unless authorized by the Captain of the
Port Southeast Alaska or his designated
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the Coast Guard Captain of
the Port Southeast Alaska or his
designated representative.
(3) Upon being hailed by a U.S. Coast
Guard vessel or designated
representative by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
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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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
regulation for one recurring fireworks
display within the Fifth Coast Guard
District. This regulation refers to the
fireworks 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 fireworks
displays.
SUMMARY:
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
This rule will be effective on July
1, 2012 and enforced from 9:30 p.m. to
10 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0227 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0227 in the ‘‘Search’’ box,
and then clicking ‘‘Search.’’ They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or 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 the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
On May 9, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Cavalier Golf & Yacht Club
Independence Day Fireworks Display,
Broad Bay; Virginia Beach, Virginia in
the Federal Register (76 FR 27156). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. Due
to the need for immediate action, the
restriction of vessel traffic is necessary
to protect life, property and the
environment therefore, a 30-day notice
is impracticable. Delaying the effective
date would be contrary to the safety
zone’s intended objectives of protecting
persons and vessels involved in the
event, and enhancing public and
maritime safety.
B. Basis and Purpose
On July 1, 2012 Cavalier Golf & Yacht
Club will host a fireworks display on
the shoreline of the navigable waters of
Broad Bay in Virginia Beach, VA. The
fireworks will be launched from a shore
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based platform centered on position
36°52′08″ N/076°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.
C. Discussion of Comments, Changes
and the Final Rule
The Captain of the Port Hampton
Roads has changed 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 33 CFR 165.506. The event will
not be taking place on July 4th.
The Table to 33 CFR 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 has changed. This
temporary safety zone will be enforced
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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this regulation restricts
access to the safety zone, the effect of
this rule will not be significant because:
(i) The safety zone will be in effect for
a limited duration; (ii) the zone is of
limited size; (iii) mariners may transit
the waters in and around this safety
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39175
zone at the discretion of the Captain of
the Port or designated representative;
and (iv), the Coast Guard will make
notifications via maritime advisories so
mariners can adjust their plans
accordingly.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
The rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
that portion of the 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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
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The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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8. Taking of Private Property
13. Technical Standards
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference With Constitutionally
Protected Property Rights.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
With Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Frm 00034
Fmt 4700
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone. An environmental analysis
checklist and a categorical exclusion
determination will be available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
12. Energy Effects
PO 00000
14. Environment
Sfmt 4700
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. In § 165.506, in ‘‘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.
*
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*
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Rules and Regulations
39177
TABLE TO § 165.506
[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983]
Number
Date
Location
Regulated area
*
23. ................
*
July 1st ..............................
*
*
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.
Dated: June 11, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2012–16232 Filed 6–28–12; 11:15 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0329; FRL–9683–4]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Regional Haze
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing a limited
approval of revisions to the Ohio State
Implementation Plan (SIP), submitted
on March 11, 2011, addressing regional
haze for the first implementation period
that ends 2018. This action is being
taken in accordance with the
requirements of the Clean Air Act (CAA)
and EPA’s rules for states to prevent and
remedy future and existing
anthropogenic impairment of visibility
in mandatory Class I areas through a
regional haze program.
DATES: This final rule is effective on
August 1, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0329. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
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SUMMARY:
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the Environmental Protection Agency,
Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031,
hatten.charles@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. Synopsis of Proposed Rule
II. Public Comments and EPA’s Responses
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Synopsis of Proposed Rule
Ohio submitted a plan to address
regional haze on March 11, 2011. This
plan was intended to address the
requirements in CAA section 169A, and
interpreted in EPA’s Regional Haze Rule
as codified at 40 CFR 51.308. This rule
was promulgated on July 1, 1999 (64 FR
35713). Further significant provisions
were promulgated on July 6, 2005,
providing further guidance on
provisions related to best available
retrofit technology (BART).
EPA proposed a limited approval of
Ohio’s submittal on January 25, 2012
(77 FR 3712). The proposal notice
described the nature of the regional haze
problem and the statutory and
regulatory background for EPA’s review
of Ohio’s regional haze plan. The
proposal provided a lengthy delineation
of the requirements that Ohio intended
to meet and that EPA proposed to
approve, including requirements for
mandating BART, consultation with
other states in establishing goals
representing reasonable further progress
in mitigating anthropogenic visibility
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impairment, and adoption of limitations
as necessary to implement a long term
strategy (LTS) for reducing visibility
impairment.
Of particular interest were EPA’s
proposed findings regarding BART.
Using modeling performed by the Lake
Michigan Air Directors Consortium
(LADCO), Ohio identified one nonelectric generating unit (non-EGU)
source, P.H. Glatfelter facility in Ross
County, as having sufficient visibility
impact to warrant being subject to a
requirement representing BART.
Ohio determined that BART was the
use of flue gas desulfurization on the
two BART-subject boilers. P.H.
Glatfelter then requested limits that
would allow an alternative strategy. In
response to P.H. Glatfelter’s request,
Ohio adopted sulfur dioxide (SO2)
limits governing the combined
emissions from P.H. Glatfelter’s boilers
#7 and #8, with limits requiring flue gas
desulfurization more stringent than
BART on individual boilers. In the
notice of proposed rulemaking, EPA
proposed to approve Ohio’s alternativeto-BART limits for SO2, and continued
operation of particulate matter (PM) and
nitrogen oxide (NOX) controls for P.H.
Glatfelter. These limits are enforceable
at P.H. Glatfelter in a permit issued by
Ohio. EPA proposed that Ohio’s new,
tighter emission limits for the Glatfelter
facility in Ross County satisfies the
BART requirements for non-EGUs.
II. Public Comments and EPA’s
Responses
The publication of EPA’s proposed
rule on January 25, 2012 (77 FR 3712)
initiated a 30-day public comment
period that ended on February 24, 2012.
During that public comment period we
received comments from the United
States Forest Service (FS), the United
States National Park Service (NPS), the
Ohio Utility Group, and Earth Justice
(on behalf of conservation organizations
representing the National Parks
Conservation Association, Natural
Resources Defense Council, and the
Sierra Club) on the proposed
rulemaking on the Ohio regional haze
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]]>Agencies
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39174-39177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16232]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
regulation for one recurring fireworks display within the Fifth Coast
Guard District. This regulation refers to the fireworks 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
fireworks displays.
[[Page 39175]]
DATES: This rule will be effective on July 1, 2012 and enforced from
9:30 p.m. to 10 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0227 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0227 in the
``Search'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or 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
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
On May 9, 2012, we published a notice of proposed rulemaking (NPRM)
entitled Cavalier Golf & Yacht Club Independence Day Fireworks Display,
Broad Bay; Virginia Beach, Virginia in the Federal Register (76 FR
27156). We received no comments on the proposed rule. No public meeting
was requested, and none was held. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. Due to the need
for immediate action, the restriction of vessel traffic is necessary to
protect life, property and the environment therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.
B. Basis and Purpose
On July 1, 2012 Cavalier Golf & Yacht Club will host a fireworks
display on the shoreline of the navigable waters of 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.
C. Discussion of Comments, Changes and the Final Rule
The Captain of the Port Hampton Roads has changed 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 33 CFR 165.506. The
event will not be taking place on July 4th.
The Table to 33 CFR 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 has changed. This temporary
safety zone will be enforced 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; (iii) mariners may transit the waters
in and around this safety zone at the discretion of the Captain of the
Port or designated representative; and (iv), the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
The rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in that portion of the 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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman
[[Page 39176]]
and the Regional Small Business Regulatory Fairness Boards. The
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. In Sec. 165.506, in ``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.
* * * * *
[[Page 39177]]
Table To Sec. 165.506
[All coordinates listed in the Table to Sec. 165.506 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
Number Date Location Regulated area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
23................................. July 1st.............. Broad Bay, Virginia All Waters of the Broad
Beach, VA Safety Zone. Bay within a 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: June 11, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-16232 Filed 6-28-12; 11:15 am]
BILLING CODE 9110-04-P
