Safety Zone, North Atlantic Ocean; Virginia Beach, VA, 56151-56153 [2013-22135]
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
No other part of the preamble or
regulatory information has been
changed; therefore, only the changed
portion of the final rule is being
published in the Federal Register.
The effective date of this AD remains
July 10, 2013.
Correction of Non-Regulatory Text
In the Federal Register of July 10,
2013, AD 2013–13–01; Amendment 39–
17489 is corrected as follows:
On page 41278, in the first column, on
line 6 under FOR FURTHER INFORMATION
CONTACT:, change the email address
from ‘‘gary.wechsler@faa’’ to
‘‘gary.wechsler@faa.gov.’’
Correction of Regulatory Text
§ 39.13
[Corrected]
In the Federal Register of July 10,
2013, on page 41279, in the third
column, the last sentence of paragraph
(g)(3) of AD 2013–13–01 is corrected to
read as follows:
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. . . A copy of the limitations from
paragraph 4 of Part II of Piper Aircraft, Inc.
Mandatory Service Bulletin No. 1258, dated
June 15, 2013, must be inserted in the pilot’s
operating handbook.
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. . . the limitations from paragraph 4 of
. . . .
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.
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FOR FURTHER INFORMATION CONTACT:
(i) of AD 2013–13–01 is corrected to
read as follows:
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In the Federal Register of July 10,
2013, on page 41280, in the second
column, the email address in line 6 of
paragraph (k), heading Related
Information, of AD 2013–13–01 is
corrected to read as follows:
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. . . gary.wechsler@faa.gov.
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Issued in Kansas City, Missouri, on
September 3, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2013–22184 Filed 9–11–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
. . . paragraph (g)(4) of this AD, replace
the nitrile . . . .
RIN 1625–AA00
Safety Zone, North Atlantic Ocean;
Virginia Beach, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
. . . This would include removing the
limitations requirement in paragraph 4 of
Part II of the service bulletin.
The Coast Guard is
establishing a safety zone on the
navigable waters of the North Atlantic
Ocean in Virginia Beach, VA to support
the Virginia Symphony Orchestra
fireworks display. This action is
intended to restrict vessel traffic
movement in the designated area in
order to protect the life and property of
the maritime public and spectators from
the hazards associated with fireworks
displays.
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DATES:
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SUMMARY:
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In the Federal Register of July 10,
2013, on page 41280, in the first
column, the last sentence of
subparagraph (h)(1) of AD 2013–13–01
is corrected to read as follows:
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tkelley on DSK3SPTVN1PROD with RULES
In the Federal Register of July 10,
2013, on page 41280, in the first
column, the last sentence of
subparagraph (h)(2) of AD 2013–13–01
is corrected to read as follows:
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. . . This would include removing the
limitations requirement in paragraph 4 of
Part II of the service bulletin.
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In the Federal Register of July 10,
2013, on page 41280, in the first
column, the text in line 10 of paragraph
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This rule will be effective from
9:20 p.m. to 10:10 p.m. on September
12, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0755]. 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
PO 00000
Frm 00025
Fmt 4700
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
[Docket No. USCG–2013–0755]
In the Federal Register of July 10,
2013, on page 41280, in the first
column, the text in line 7 of
subparagraph (h)(1) of AD 2013–13–01
is corrected to read as follows:
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56151
Sfmt 4700
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)
with respect to this rule because the
Coast Guard received the application for
a marine event well short of the 135 day
window required for a new marine
event application. As such, it is
impracticable to provide a full comment
period due to lack of time. Any delay
encountered in this regulation’s
effective date to provide for a comment
period would be contrary to the public
interest as immediate action is needed
to ensure the safety of the event
participants, patrol vessels, 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/or local notice to mariners.
B. Basis and Purpose
The legal basis for this rule is 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.
E:\FR\FM\12SER1.SGM
12SER1
56152
Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
On September 12, 2013 the City of
Virginia Beach will host a fireworks
display offshore between 17th and 31st
Streets of Virginia Beach, VA. The
fireworks debris fallout area will extend
over the navigable waters of the Atlantic
Ocean. Due to the need to protect
mariners and spectators from the
hazards associated with the fireworks
displays, such as the accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris, vessel traffic will be
temporarily restricted around the
fireworks launch site.
C. Discussion of the Rule
The Coast Guard is establishing a
safety zone on specified waters of the
Atlantic Ocean in Virginia Beach, VA.
All waters of the Atlantic Ocean within
a 1000 yard radius of the launch site,
located near the shoreline at
approximate position latitude 36°51′12″
N, longitude 075°58′06″ W, will be
affected. This safety zone will be
established and enforced from 9:20 p.m.
until 10:10 p.m. on September 12, 2013.
Access to the safety zone will be
restricted during the specified date and
times. Except for individuals
responsible for launching the fireworks
and vessels authorized by the Captain of
the Port or his Representative, no person
or vessel may enter or remain in the
regulated area.
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Mar<15>2010
15:55 Sep 11, 2013
Jkt 229001
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.
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 Atlantic Ocean from
9:20 p.m. until 10:10 p.m. on September
12, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (i) The safety
zone will only be in place for a limited
duration; (ii) Before the enforcement
period of September 12, 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.
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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 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 IN
FORMATION 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.
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Federal Register / Vol. 78, No. 177 / Thursday, September 12, 2013 / Rules and Regulations
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.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF AGRICULTURE
Forest Service
■
36 CFR Part 220
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
RIN 0596–AD01
2. Add § 165.T05–0755 to read as
follows:
AGENCY:
12. Energy Effects
§ 165.T05–0755 Safety Zone, North Atlantic
Ocean; Virginia Beach, VA.
SUMMARY:
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
(b) Location. The following area is a
safety zone: All waters of the Atlantic
Ocean within a 1000 yard radius of the
launch site located near the shoreline at
approximate position latitude 36°51′12″
N, longitude 075°58′06″ W, located off
the beach between 17th and 31st Streets.
(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 section
will be enforced on Thursday,
September 12, 2013 from 9:20 p.m. to
10:10 p.m. unless cancelled earlier by
the Captain of the Port.
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
establishing a safety zone for a fireworks
display launch site and fallout area and
is expected to have no impact on the
water or environment. This zone is
designed to protect mariners and
spectators from the hazards associated
with aerial fireworks displays. 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 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 165
tkelley on DSK3SPTVN1PROD with RULES
56153
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:
VerDate Mar<15>2010
15:55 Sep 11, 2013
Jkt 229001
■
Dated: August 29, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2013–22135 Filed 9–11–13; 8:45 am]
BILLING CODE 9110–04–P
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National Environmental Policy Act:
Categorical Exclusions for Soil and
Water Restoration Activities
ACTION:
Forest Service, USDA.
Final rule.
The U. S. Department of
Agriculture, Forest Service, gives notice
of revised procedures for implementing
the National Environmental Policy Act
and Council on Environmental Quality
regulations. These final implementing
procedures are being issued in
regulations concerning National
Environmental Policy Act Compliance,
which describes categorical exclusions.
Categorical exclusions (CE) are
categories of actions that normally will
not result in individual or cumulative
significant impacts on the quality of the
human environment and, therefore, do
not require analysis or documentation
in either an environmental assessment
or an environmental impact statement.
The revision adds three new
categorical exclusions for activities that
restore lands negatively impacted by
water control structures, disturbance
events, and roads and trails. Activities
that restore lands occupied by National
Forest System Roads and National
Forest System Trails are excluded from
this final rule. These will allow the
Forest Service to more efficiently
analyze and document the potential
environmental effects of soil and water
restoration projects that are intended to
restore the flow of waters into natural
channels and floodplains by removing
water control structures, such as dikes,
ditches, culverts, and pipes; restore
lands and habitat to pre-disturbance
conditions, to the extent practicable, by
removing debris and sediment following
disturbance events; and restore lands
occupied by roads and trails to natural
conditions.
These categorical exclusions will not
apply where resource conditions related
to the potential effect of a proposed
action constitute an extraordinary
circumstance. Activities conducted
under these categorical exclusions must
be consistent with Agency procedures
and applicable land management plans
and must comply with all applicable
Federal and State laws for protecting the
environment.
The road and trail restoration category
will be used for restoring lands
impacted by roads and trails that are not
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Agencies
[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Rules and Regulations]
[Pages 56151-56153]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22135]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0755]
RIN 1625-AA00
Safety Zone, North Atlantic Ocean; Virginia Beach, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the North Atlantic Ocean in Virginia Beach, VA to support the
Virginia Symphony Orchestra fireworks display. This action is intended
to restrict vessel traffic movement in the designated area in order to
protect the life and property of the maritime public and spectators
from the hazards associated with fireworks displays.
DATES: This rule will be effective from 9:20 p.m. to 10:10 p.m. on
September 12, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0755]. 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
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)
with respect to this rule because the Coast Guard received the
application for a marine event well short of the 135 day window
required for a new marine event application. As such, it is
impracticable to provide a full comment period due to lack of time. Any
delay encountered in this regulation's effective date to provide for a
comment period would be contrary to the public interest as immediate
action is needed to ensure the safety of the event participants, patrol
vessels, 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/or local notice to mariners.
B. Basis and Purpose
The legal basis for this rule is 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.
[[Page 56152]]
On September 12, 2013 the City of Virginia Beach will host a
fireworks display offshore between 17th and 31st Streets of Virginia
Beach, VA. The fireworks debris fallout area will extend over the
navigable waters of the Atlantic Ocean. Due to the need to protect
mariners and spectators from the hazards associated with the fireworks
displays, such as the accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris, vessel traffic
will be temporarily restricted around the fireworks launch site.
C. Discussion of the Rule
The Coast Guard is establishing a safety zone on specified waters
of the Atlantic Ocean in Virginia Beach, VA. All waters of the Atlantic
Ocean within a 1000 yard radius of the launch site, located near the
shoreline at approximate position latitude 36[deg]51'12'' N, longitude
075[deg]58'06'' W, will be affected. This safety zone will be
established and enforced from 9:20 p.m. until 10:10 p.m. on September
12, 2013. Access to the safety zone will be restricted during the
specified date and times. Except for individuals responsible for
launching the fireworks and vessels authorized by the 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 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.
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 Atlantic Ocean from 9:20 p.m.
until 10:10 p.m. on September 12, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration; (ii) Before
the enforcement period of September 12, 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 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 IN
FORMATION 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.
[[Page 56153]]
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 establishing a safety zone for a fireworks display
launch site and fallout area and is expected to have no impact on the
water or environment. This zone is designed to protect mariners and
spectators from the hazards associated with aerial fireworks displays.
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 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 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 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1
0
2. Add Sec. 165.T05-0755 to read as follows:
Sec. 165.T05-0755 Safety Zone, North Atlantic Ocean; Virginia Beach,
VA.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector Hampton Roads. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
(b) Location. The following area is a safety zone: All waters of
the Atlantic Ocean within a 1000 yard radius of the launch site located
near the shoreline at approximate position latitude 36[deg]51'12'' N,
longitude 075[deg]58'06'' W, located off the beach between 17th and
31st Streets.
(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 section will be enforced on Thursday,
September 12, 2013 from 9:20 p.m. to 10:10 p.m. unless cancelled
earlier by the Captain of the Port.
Dated: August 29, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-22135 Filed 9-11-13; 8:45 am]
BILLING CODE 9110-04-P