Safety Zone; USO Patriotic Festival Air Show, Atlantic Ocean; Virginia Beach, VA, 31840-31842 [2013-12541]

Download as PDF 31840 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, on page 18801, column 2, line 14, the title as published in the Federal Register of March 28, 2013 (78 FR 18801) FR Doc. 2013–06913, is corrected to read ‘‘ . . . Beeville-Chase Field, TX’’; and on page 18802, column 1, line 31, the legal description is changed as follows: * * * * * ASW TX E5 Beeville-Chase Field, TX [Corrected] Chase Field Industrial Airport, TX (Lat. 28°21′36″ N., long. 97°39′36″ W.) That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of Chase Field Industrial Airport. Issued in Fort Worth, Texas, on May 15, 2013. David P. Medina, Manager Operations Support Group, ATO Central Service Center. [FR Doc. 2013–12482 Filed 5–24–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0370] Drawbridge Operation Regulation; Cumberland River, Nashville, TN Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: wreier-aviles on DSK5TPTVN1PROD with RULES ACTION: SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Louisville and Nashville Railroad Drawbridge across the Cumberland River, mile 190.4, at Nashville, Tennessee. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position while a worn gear and shaft assembly are replaced. DATES: This deviation is effective from 8 a.m., May 28, 2013 to 6 p.m., May 29, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0370] is VerDate Mar<15>2010 15:03 May 24, 2013 Jkt 229001 available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314–269–2378, email Eric.Washburn@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The CSX Transportation, Inc. requested a temporary deviation for the Louisville and Nashville Railroad Drawbridge, across the Cumberland River, mile 190.4, at Nashville, Tennessee to remain in the closed-to-navigation position while a worn gear and shaft assembly are replaced. The closure period will start at 8 a.m., May 28, 2013 to 6 p.m., May 29, 2013. Once the worn gear and shaft assembly are removed, the swing span will not be able to open, even for emergencies, until the replacement of the gear and shaft assembly is installed. The Louisville and Nashville Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart. In order to facilitate the needed bridge work, the drawbridge must be kept in the closed-to-navigation position. There are no alternate routes for vessels transiting this section of the Cumberland River. The Louisville and Nashville Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 47 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. This temporary deviation has been coordinated with the waterway users. No objections were received. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated period of this temporary deviation. This deviation PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 from the operating regulations is authorized under 33 CFR 117.35. Dated: May 8, 2013. Eric A. Washburn, Bridge Administrator, Western Rivers. [FR Doc. 2013–12542 Filed 5–24–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0377] RIN 1625–AA00 Safety Zone; USO Patriotic Festival Air Show, Atlantic Ocean; Virginia Beach, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Ocean in Virginia Beach, VA. This action is necessary to provide for the safety of life on navigable waters during the USO Patriotic Festival Air Show. This action is intended to restrict vessel traffic movement in the restricted area in order to protect mariners from the hazards associated with air show events. DATES: This rule is effective from May 31, 2013, at 12 p.m. until June 2, 2013, at 3 p.m. This rule is enforced from 12 p.m. to 3 p.m. daily between May 31, 2013, and June 2, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0377]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 Barbara E:\FR\FM\28MYR1.SGM 28MYR1 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations Hairston, 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 wreier-aviles on DSK5TPTVN1PROD with RULES A. Regulatory History and Information The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the final details of the event were not known to the Coast Guard until recently. Publishing an NPRM would be impracticable because there is insufficient time to hold a comment period and immediate action is needed to provide for the safety of life and property on navigable waters. 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. Delaying the effective date of this safety zone would be impracticable and contrary to the public interest since immediate action is needed to ensure the safety of the event participants, spectator craft, and other vessels transiting the event area. B. Basis and Purpose From May 31, 2013, through June 2, 2013, Whisper Concerts Entertainment, Inc. will host an air show event over the Atlantic Ocean in Virginia Beach, VA. In recent years, there have been unfortunate incidents involving jets and planes crashing during performances at air shows. Additionally, there is typically a wide area of scattered debris that could damage property and cause significant injury or death to mariners observing the air shows. In order to protect mariners and the public transiting the Atlantic Ocean immediately below the air show from hazards associated with the air show, the Coast Guard will establish a safety zone. C. Discussion of the Final Rule The Coast Guard is establishing a safety zone on specified waters of the VerDate Mar<15>2010 15:03 May 24, 2013 Jkt 229001 Chesapeake Bay bounded by the following coordinates: 36°-49′-50″ N/ 075°-58′-02″ W, 36°-51′-46″ N/075°-58′33″ W, 36°-51′-53″ N/075°-57′-57″ W, 36°-49′-57″ N/075°-57′-26″ W (NAD 1983), in the vicinity of Virginia Beach, Virginia. This safety zone will be enforced from May 31, 2013, until June 2, 2013 between the hours of 12 p.m. and 3 p.m. each day. Access to the safety zone will be restricted during the specified date and times. No person or vessel may enter or remain in the safety zone except for vessels authorized by the Captain of the Port or his Representative. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and 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, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. Although this regulation restricts access to the safety zone, the effect of this rule will not be significant because: (i) the safety zone will be in effect for a limited duration; (ii) the zone is of limited size; and (iii) the Coast Guard will make notifications via maritime advisories so mariners can adjust their plans accordingly. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 because the zone will only be in place PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 31841 for a limited duration and maritime advisories will be issued allowing the mariners to adjust their plans accordingly. This 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 Atlantic Ocean from May 31, 2013, until June 2, 2013, between the hours of 12 p.m. and 3 p.m. each day. 3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a 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 the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule 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 E:\FR\FM\28MYR1.SGM 28MYR1 31842 Federal Register / Vol. 78, No. 102 / Tuesday, May 28, 2013 / Rules and Regulations section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. INTFORMATION CONTACT 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 cause 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. wreier-aviles on DSK5TPTVN1PROD with RULES 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not VerDate Mar<15>2010 15:03 May 24, 2013 Jkt 229001 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone on the navigable waters of the Atlantic Ocean in Virginia Beach, VA in order to restrict vessel traffic movement to protect mariners from the hazards associated with air show events. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination 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, 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: ■ (b) Definition. For the purposes of this part, Captain of the Port Representative means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Hampton Roads, Virginia to act on his behalf. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port, Hampton Roads or his designated representatives. (2) The operator of any vessel in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (ii) Proceed as directed by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Hampton Roads can be reached through the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia at telephone Number (757) 668–5555. (4) The Coast Guard Representatives enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65Mhz) and channel 16 (156.8 Mhz). (d) Enforcement Period. This regulation will be enforced from May 31, 2013, until June 2, 2013, between the hours of 12 p.m. and 3 p.m. each day. Dated: May 13, 2013. John K. Little, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. [FR Doc. 2013–12541 Filed 5–24–13; 8:45 am] Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. BILLING CODE 9110–04–P 2. Add § 165.T05–0377 to read as follows: Copyright Royalty Board ■ § 165.T05–0377 Safety Zone; USO Patriotic Festival Air Show, Atlantic Ocean; Virginia Beach, VA. (a) Regulated Area. The following area is a safety zone: specified waters of the Captain of the Port Sector Hampton Roads zone, as defined in 33 CFR 3.25– 10, in the vicinity of the Atlantic Ocean in Virginia Beach, VA bound by the following coordinates: 36°-49′-50″ N/ 075°-58′-02″ W, 36°-51′-46″ N/075°-58′33″ W, 36°-51′-53″ N/075°-57′-57″ W, 36°-49′-57″ N/075°-57′-26″ W (NAD 1983). PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 LIBRARY OF CONGRESS 37 CFR Part 382 [Docket No. 2011–1 CRB PSS/Satellite II] Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services Copyright Royalty Board, Library of Congress. ACTION: Final determination; modification. AGENCY: SUMMARY: The Copyright Royalty Judges announce a modification to their final determination of rates and terms for the E:\FR\FM\28MYR1.SGM 28MYR1

Agencies

[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Rules and Regulations]
[Pages 31840-31842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12541]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0377]
RIN 1625-AA00


Safety Zone; USO Patriotic Festival Air Show, Atlantic Ocean; 
Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Atlantic Ocean in Virginia Beach, VA. This 
action is necessary to provide for the safety of life on navigable 
waters during the USO Patriotic Festival Air Show. This action is 
intended to restrict vessel traffic movement in the restricted area in 
order to protect mariners from the hazards associated with air show 
events.

DATES: This rule is effective from May 31, 2013, at 12 p.m. until June 
2, 2013, at 3 p.m. This rule is enforced from 12 p.m. to 3 p.m. daily 
between May 31, 2013, and June 2, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0377]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 Barbara

[[Page 31841]]

Hairston, 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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the final details of the event were 
not known to the Coast Guard until recently. Publishing an NPRM would 
be impracticable because there is insufficient time to hold a comment 
period and immediate action is needed to provide for the safety of life 
and property on navigable waters.
    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. Delaying the effective date of 
this safety zone would be impracticable and contrary to the public 
interest since immediate action is needed to ensure the safety of the 
event participants, spectator craft, and other vessels transiting the 
event area.

B. Basis and Purpose

    From May 31, 2013, through June 2, 2013, Whisper Concerts 
Entertainment, Inc. will host an air show event over the Atlantic Ocean 
in Virginia Beach, VA. In recent years, there have been unfortunate 
incidents involving jets and planes crashing during performances at air 
shows. Additionally, there is typically a wide area of scattered debris 
that could damage property and cause significant injury or death to 
mariners observing the air shows. In order to protect mariners and the 
public transiting the Atlantic Ocean immediately below the air show 
from hazards associated with the air show, the Coast Guard will 
establish a safety zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Chesapeake Bay bounded by the following coordinates: 36[deg]-
49'-50'' N/075[deg]-58'-02'' W, 36[deg]-51'-46'' N/075[deg]-58'-33'' W, 
36[deg]-51'-53'' N/075[deg]-57'-57'' W, 36[deg]-49'-57'' N/075[deg]-
57'-26'' W (NAD 1983), in the vicinity of Virginia Beach, Virginia. 
This safety zone will be enforced from May 31, 2013, until June 2, 2013 
between the hours of 12 p.m. and 3 p.m. each day. Access to the safety 
zone will be restricted during the specified date and times. No person 
or vessel may enter or remain in the safety zone except for vessels 
authorized by the Captain of the Port or his Representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Although this regulation 
restricts access to the safety zone, the effect of this rule will not 
be significant because: (i) the safety zone will be in effect for a 
limited duration; (ii) the zone is of limited size; and (iii) the Coast 
Guard will make notifications via maritime advisories so mariners can 
adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 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 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 Atlantic Ocean from May 31, 
2013, until June 2, 2013, between the hours of 12 p.m. and 3 p.m. each 
day.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule 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

[[Page 31842]]

INTFORMATION 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 cause 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

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone on 
the navigable waters of the Atlantic Ocean in Virginia Beach, VA in 
order to restrict vessel traffic movement to protect mariners from the 
hazards associated with air show events. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination 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, 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 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-0377 to read as follows:


Sec.  165.T05-0377  Safety Zone; USO Patriotic Festival Air Show, 
Atlantic Ocean; Virginia Beach, VA.

    (a) Regulated Area. The following area is a safety zone: specified 
waters of the Captain of the Port Sector Hampton Roads zone, as defined 
in 33 CFR 3.25-10, in the vicinity of the Atlantic Ocean in Virginia 
Beach, VA bound by the following coordinates: 36[deg]-49'-50'' N/
075[deg]-58'-02'' W, 36[deg]-51'-46'' N/075[deg]-58'-33'' W, 36[deg]-
51'-53'' N/075[deg]-57'-57'' W, 36[deg]-49'-57'' N/075[deg]-57'-26'' W 
(NAD 1983).
    (b) Definition. For the purposes of this part, Captain of the Port 
Representative means any U.S. Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port, 
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited unless authorized by the 
Captain of the Port, Hampton Roads or his designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone Number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement Period. This regulation will be enforced from May 
31, 2013, until June 2, 2013, between the hours of 12 p.m. and 3 p.m. 
each day.

    Dated: May 13, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-12541 Filed 5-24-13; 8:45 am]
BILLING CODE 9110-04-P