Special Local Regulation for Marine Event Hampton Bay Days Festival, Hampton River; Hampton, VA, 54571-54574 [2013-21522]
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
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
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 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.
ehiers on DSK2VPTVN1PROD with RULES
11. Indian Tribal Governments
14:09 Sep 04, 2013
Jkt 229001
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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves establishing a temporary
special local regulation to protect the
participants in the Cumberland River
Dragon Boat Festival on the Cumberland
River from mile markers 190.0 to 192.0
for ten hour period on one day.
An environmental analysis was
performed during the marine event
permit process for the rowing event and
a checklist and a categorical exclusion
determination are not required for this
special local regulation.
List of Subjects in 33 CFR Part 100
(b) Effective date. This section is
effective from 8:00 a.m. to 6:00 p.m. on
September 7, 2013.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, entry into this area is
prohibited unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the area must
request permission from the Captain of
the Port Ohio Valley or a designated
representative. U.S. Coast Guard Sector
Ohio Valley may be contacted on VHF
Channel 13 or 16, or at 1–800–253–
7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated U.S. Coast Guard patrol
personnel. On-scene U.S. Coast Guard
patrol personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(d) Informational Broadcasts. The
Captain of the Port Ohio Valley or a
designated representative will inform
the public through broadcast notice to
mariners when the special local
regulation has been established and if
there are changes to the enforcement
period for this special local regulation.
Dated: August 9, 2013.
R.V. Timme,
Captain, U.S. Coast Guard Captain of the
Port Ohio Valley.
[FR Doc. 2013–21623 Filed 9–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the U.S. Coast Guard amends
33 CFR part 100 as follows:
Coast Guard
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Special Local Regulation for Marine
Event Hampton Bay Days Festival,
Hampton River; Hampton, VA
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
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.
VerDate Mar<15>2010
12. Energy Effects
54571
2. A new temporary § 100.T08–0721 is
added to read as follows:
■
§ 100.T08–0721 Special Local Regulation;
Cumberland River, Miles 190.0 to 192.0,
Nashville, TN.
(a) Location. The following area is a
special local regulation: All waters of
the Cumberland River, beginning at mile
marker 190.0 and ending at mile marker
192.0.
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Fmt 4700
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33 CFR Part 100
[Docket No. USCG–2013–0732]
RIN 1625–AA08
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
period of a special local regulation for
one specific recurring marine event in
the Fifth Coast Guard District. This
regulation applies only to the Hampton
Bay Days Festival, which consists of a
Fireworks Display held at multiple
locations along the Hampton River,
Hampton, Virginia. This special local
regulation is necessary to provide for
SUMMARY:
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
the safety of life on navigable waters
during the event. This action is
intended to restrict vessel traffic on
portions of the Hampton River near
Hampton, Virginia during the event.
DATES: This rule will be effective on
September 7, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0732]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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
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
ehiers on DSK2VPTVN1PROD with RULES
A. Regulatory History and Information
This marine event is regulated at 33
CFR 100.501, Table to § 100.501, section
(c) line 9. This rule involves an annually
occurring marine event that is
scheduled to take place on the 2nd or
3rd Friday, Saturday, and Sunday.
Hampton Bay Days has changed the date
of the event to take place on Saturday
September 7, 2013, which is the first
Saturday in September not the second.
The Coast Guard is issuing this
temporary 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)
VerDate Mar<15>2010
14:09 Sep 04, 2013
Jkt 229001
because the ambiguity of the current
regulation does not cover the time frame
specified for the event was not
discovered until July 30, 2013. Because
this was approximately 38 days before
the event, it is impracticable to provide
a full comment period due to lack of
time.
Delaying this regulation’s effective
date for comment would be contrary to
the public interest as immediate action
is needed to ensure the safety of the
event participants, spectator craft, and
other vessels transiting the event area.
The Coast Guard will provide advance
notifications to users of the affected
waterways of the safety zone via marine
information broadcasts and local notice
to mariners.
B. Basis and Purpose
Hampton Bay Days is sponsoring the
three days Hampton Bay Days Festival,
which includes a fireworks display over
the waters of the Hampton River, near
Hampton, Virginia on the Saturday of
the festival.
The regulation listing annual marine
events within the Fifth Coast Guard
District and safety zones locations is 33
CFR 100.501. The Table to § 100.501
identifies special local regulations by
COTP zone, with the COTP Hampton
Roads zone listed in section ‘‘(c)’’ of the
Table. The Table to § 100.501, at section
(c) event Number ‘‘9’’ describes the
enforcement date and regulated location
for this marine event.
The fireworks display will occur this
year on Saturday September 7, 2013
from 9:20 p.m. until 10 p.m. The
fireworks will be launched from three
different locations, one at 37°01′33″ N,
076°20′11″ W, one at 37°01′37″ N,
076°20′11″ W, and the last one at
37°01′35″ N, 076°20′01″ W, all of which
are along the Settlers Landing Road
Bridge and the nearby adjacent land.
C. Discussion of the Rule
The Coast Guard will temporarily
suspend the regulation listed at section
(c.) line No. 9 in the Table to § 100.501
and insert this temporary regulation at
the Table to § 100.501 line No. 12 in
order to reflect the correct date for this
year’s event. This change is needed to
accommodate the change in date of the
Hampton Bay Days Festival. No other
portion of the Table to § 100.501 or
other provisions in § 100.501 shall be
affected by this regulation.
This special local regulation will
restrict vessel movement in the waters
of Sunset Creek and Hampton River
shore to shore bounded to the north by
the C & O Railroad Bridge and to the
south by a line drawn from latitude
37°01′03″ N, longitude 076°20′26″ W, to
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
latitude 37°01′01.5″ N, longitude
076°20′32″ W. The safety zone is needed
to control vessel traffic and enhance the
safety of spectators during the fireworks
display. The regulation will be enforced
from 9:20 p.m. to 10 p.m. on September
7, 2013. Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area
during the effective period.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts.
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 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, 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. 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
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.
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
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 Hampton River from
9:20 p.m. until 10 p.m. on September 7,
2013.
This regulated area will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (i) It will only be
in effect for a limited duration, and (ii)
before the enforcement period of
September 7, 2013, maritime advisories
will be issued allowing mariners to
adjust their plans accordingly.
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.
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
ehiers on DSK2VPTVN1PROD with RULES
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.
14:09 Sep 04, 2013
Jkt 229001
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
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 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 involves
implementation of regulations within 33
CFR Part 100 that apply to organized
marine events on the navigable waters
of the United States that may have
potential for negative impact on the
safety or other interest of waterway
users and shore side activities in the
event area. This rule is categorically
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 are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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.
List of Subjects in 33 CFR Part 100
11. Indian Tribal Governments
4. Collection of Information
VerDate Mar<15>2010
6. Protest Activities
54573
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. At § 100.501, in the Table to
§ 100.501, make the following
amendments:
■ a. Under ‘‘(c.) Coast Guard Sector
Hampton Roads—COTP Zone,’’ suspend
entry 9.
■ b. Under ‘‘(c.) Coast Guard Sector
Hampton Roads—COTP Zone,’’ add
entry 12, which will be enforced from
9:20 p.m. to 10 p.m. on September 7,
2013 to read as follows:
■
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
*
*
*
*
*
TABLE TO § 100.501
No.
Date
Event
*
*
Sponsor
*
Location
*
*
*
*
(c.) Coast Guard Sector Hampton Roads—COTP Zone
*
*
September 7, 2013 ..
12 ......
*
Hampton Bay Days
Festival.
*
Hampton Bay Days.
*
*
*
The waters of Sunset Creek and Hampton River shore to shore
bounded to the north by the C & O Railroad Bridge and to the
south by a line drawn from Hampton River Channel Light 16
(LL 5715), located at latitude 37°01′03.0″ N, longitude
076°20′26.0″ W, to the finger pier across the river at Fisherman’s Wharf, located at latitude 37°01′01.5″ N, longitude
076°20′32.0″ W.
AGENCY:
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 LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9573, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
ACTION:
Table of Acronyms
*
*
*
*
*
Dated: August 16, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2013–21522 Filed 9–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0791]
RIN 1625–AA00
Safety Zone; Tall Ships Erie 2013
Fireworks Show, Holland Street Pier,
Presque Isle Bay, Erie, PA
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
Presque Isle Bay, Erie, PA. This safety
zone is intended to restrict vessels from
a portion of Presque Isle Bay during the
Tall Ships Erie 2013 Fireworks Show.
This temporary safety zone is necessary
to protect mariners and vessels from the
navigational hazards associated with a
fireworks display.
DATES: This rule will be effective from
9 p.m. until 10:20 p.m. on September 5,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0791]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:09 Sep 04, 2013
Jkt 229001
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary 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
PO 00000
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Fmt 4700
Sfmt 4700
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with a maritime fireworks
display, which are discussed further
below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 9:30 p.m. and 9:50 p.m. on
September 5, 2013, a fireworks display
will be held at the end of Holland Street
Pier, Presque Isle Bay in Erie, PA. The
Captain of the Port Buffalo has
determined that fireworks launched
proximate to a gathering of watercraft
pose a significant risk to public safety
and property. Such hazards include
premature and accidental detonations,
dangerous projectiles, and falling or
burning debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
E:\FR\FM\05SER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54571-54574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21522]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0732]
RIN 1625-AA08
Special Local Regulation for Marine Event Hampton Bay Days
Festival, Hampton River; Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the enforcement period
of a special local regulation for one specific recurring marine event
in the Fifth Coast Guard District. This regulation applies only to the
Hampton Bay Days Festival, which consists of a Fireworks Display held
at multiple locations along the Hampton River, Hampton, Virginia. This
special local regulation is necessary to provide for
[[Page 54572]]
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic on portions of the Hampton River
near Hampton, Virginia during the event.
DATES: This rule will be effective on September 7, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0732]. To view documents mentioned in this preamble as being
available in the docket, go to https://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 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
This marine event is regulated at 33 CFR 100.501, Table to Sec.
100.501, section (c) line 9. This rule involves an annually occurring
marine event that is scheduled to take place on the 2nd or 3rd Friday,
Saturday, and Sunday. Hampton Bay Days has changed the date of the
event to take place on Saturday September 7, 2013, which is the first
Saturday in September not the second.
The Coast Guard is issuing this temporary 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)
because the ambiguity of the current regulation does not cover the time
frame specified for the event was not discovered until July 30, 2013.
Because this was approximately 38 days before the event, it is
impracticable to provide a full comment period due to lack of time.
Delaying this regulation's effective date for comment would be
contrary to the public interest as immediate action is needed to ensure
the safety of the event participants, spectator craft, and other
vessels transiting the event area. The Coast Guard will provide advance
notifications to users of the affected waterways of the safety zone via
marine information broadcasts and local notice to mariners.
B. Basis and Purpose
Hampton Bay Days is sponsoring the three days Hampton Bay Days
Festival, which includes a fireworks display over the waters of the
Hampton River, near Hampton, Virginia on the Saturday of the festival.
The regulation listing annual marine events within the Fifth Coast
Guard District and safety zones locations is 33 CFR 100.501. The Table
to Sec. 100.501 identifies special local regulations by COTP zone,
with the COTP Hampton Roads zone listed in section ``(c)'' of the
Table. The Table to Sec. 100.501, at section (c) event Number ``9''
describes the enforcement date and regulated location for this marine
event.
The fireworks display will occur this year on Saturday September 7,
2013 from 9:20 p.m. until 10 p.m. The fireworks will be launched from
three different locations, one at 37[deg]01'33'' N, 076[deg]20'11'' W,
one at 37[deg]01'37'' N, 076[deg]20'11'' W, and the last one at
37[deg]01'35'' N, 076[deg]20'01'' W, all of which are along the
Settlers Landing Road Bridge and the nearby adjacent land.
C. Discussion of the Rule
The Coast Guard will temporarily suspend the regulation listed at
section (c.) line No. 9 in the Table to Sec. 100.501 and insert this
temporary regulation at the Table to Sec. 100.501 line No. 12 in order
to reflect the correct date for this year's event. This change is
needed to accommodate the change in date of the Hampton Bay Days
Festival. No other portion of the Table to Sec. 100.501 or other
provisions in Sec. 100.501 shall be affected by this regulation.
This special local regulation will restrict vessel movement in the
waters of Sunset Creek and Hampton River shore to shore bounded to the
north by the C & O Railroad Bridge and to the south by a line drawn
from latitude 37[deg]01'03'' N, longitude 076[deg]20'26'' W, to
latitude 37[deg]01'01.5'' N, longitude 076[deg]20'32'' W. The safety
zone is needed to control vessel traffic and enhance the safety of
spectators during the fireworks display. The regulation will be
enforced from 9:20 p.m. to 10 p.m. on September 7, 2013. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the regulated area during the
effective period.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts.
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 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, 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. 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
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.
[[Page 54573]]
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 Hampton River from 9:20 p.m.
until 10 p.m. on September 7, 2013.
This regulated area will not have a significant economic impact on
a substantial number of small entities for the following reasons: (i)
It will only be in effect for a limited duration, and (ii) before the
enforcement period of September 7, 2013, maritime advisories will be
issued allowing mariners to adjust their plans accordingly.
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
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
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
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 involves implementation of regulations within 33 CFR Part 100
that apply to organized marine events on the navigable waters of the
United States that may have potential for negative impact on the safety
or other interest of waterway users and shore side activities in the
event area. This rule is categorically 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 are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. At Sec. 100.501, in the Table to Sec. 100.501, make the following
amendments:
0
a. Under ``(c.) Coast Guard Sector Hampton Roads--COTP Zone,'' suspend
entry 9.
0
b. Under ``(c.) Coast Guard Sector Hampton Roads--COTP Zone,'' add
entry 12, which will be enforced from 9:20 p.m. to 10 p.m. on September
7, 2013 to read as follows:
[[Page 54574]]
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table to Sec. 100.501
------------------------------------------------------------------------
No. Date Event Sponsor Location
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
(c.) Coast Guard Sector Hampton Roads--COTP Zone
------------------------------------------------------------------------
* * * * * * *
12........ September 7, 2013 Hampton Hampton The waters of
Bay Days Bay Days. Sunset Creek and
Festival. Hampton River
shore to shore
bounded to the
north by the C &
O Railroad
Bridge and to
the south by a
line drawn from
Hampton River
Channel Light 16
(LL 5715),
located at
latitude
37[deg]01'03.0''
N, longitude
076[deg]20'26.0'
' W, to the
finger pier
across the river
at Fisherman's
Wharf, located
at latitude
37[deg]01'01.5''
N, longitude
076[deg]20'32.0'
' W.
------------------------------------------------------------------------
* * * * *
Dated: August 16, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-21522 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P
