Safety Zone, Atlantic Ocean; Virginia Beach, VA, 30730-30732 [2014-12381]

Download as PDF 30730 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations the Steel Bridge across the Willamette River, mile 12.1, to remain in the closed position and need not open for maritime traffic from 7 p.m. on May 31, 2014 to 11:30 p.m. May 31, 2014. The bridge shall operate in accordance to 33 CFR 117.897 at all other times. Waterway usage on this stretch of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. Mariners will be notified and kept informed of the bridge’s operational status via the Coast Guard Notice to Mariners publication and Broadcast Notice to Mariners as appropriate. The lift span will be required to open, if needed, for public vessels of the United States and Canada and for vessels engaged in emergency response operations during this closure period. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 15, 2014. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2014–12382 Filed 5–28–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0357] Drawbridge Operation Regulation; Berwick Bay-Atchafalaya River, Morgan City, LA Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. AGENCY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Morgan City Railroad Bridge across Berwick Bay—Atchafalaya River, mile 17.5 and the Gulf Intracoastal Waterway (Morgan City-Port Allen Alternate Route, mile 0.3) in Morgan City, St. Mary’s Parish, Louisiana. This deviation provides for the bridge to remain closed to navigation for four consecutive hours with an opening to pass vessels in the middle for the purpose of conducting scheduled maintenance to the drawbridge. emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:05 May 28, 2014 Jkt 232001 This deviation is effective from 1 p.m. through 5 p.m. on June 12, 2014. ADDRESSES: The docket for this deviation, [USCG–2014–0357] is 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 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 temporary deviation, call or email Jim Wetherington, Bridge Administration Branch, Coast Guard, telephone (504) 671–2128, email james.r.wetherington@ uscg.mil. If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The BNSF Railway Company requested a temporary deviation from the normal operation of the drawbridge in order to perform the installation of a new signaling system. These repairs are necessary for the continued operation of the bridge. This deviation allows the draw of the Morgan City Railroad Bridge across Berwick Bay—Atchafalaya River, mile 17.5 and the Gulf Intracoastal Waterway (Morgan City-Port Allen Alternate Route, mile 0.3), to remain closed to navigation for four consecutive hours between 1 p.m. and 5 p.m. on June 12, 2014 with an opening at 3 p.m. to pass any traffic stopped by the closure. Broadcast Notice to Mariners will be used to update mariners of any changes in this deviation. The bridge has a vertical clearance of 4 feet above high water in the closed-tonavigation position and 73 feet above high water in the open-to-navigation position. Navigation on the waterway consists of tugs with tows, oil industry related work boats and crew boats, commercial fishing vessels and some recreational craft. In accordance with 33 CFR 117.5, the draw of the bridge shall open on signal. The Morgan City-Port Allen Landside route through Amelia, LA is the alternate route. BNSF and the Coast Guard have coordinated the closure with waterway users, industry, and other Coast Guard units. This date and this schedule were chosen to minimize the significant effects on vessel traffic. DATES: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 In accordance with 33 CFR 117.35(e), the drawbridges must return to their regular operating schedules immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 16, 2014. David M. Frank, Bridge Administrator. [FR Doc. 2014–12385 Filed 5–28–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0007] RIN 1625–AA00 Safety Zone, Atlantic Ocean; Virginia Beach, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Ocean in Virginia Beach, VA. This safety zone will restrict vessel movement in the specified area during the Patriotic Festival III. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the air show. DATES: This rule is effective from May 30, 2014 until June 1, 2014 between the hours of 12 p.m. and 3:30 p.m. each day. SUMMARY: Documents mentioned in this preamble are part of docket [USCG– 2014–0007]. 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 ADDRESSES: E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations material to the docket, call Cheryl Collins, 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 emcdonald on DSK67QTVN1PROD with RULES B. Basis and Purpose 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 instances of jets and planes crashing during performances at air shows. In addition, there is typically a wide area of scattered debris that also damages property and could cause significant injury or death to mariners observing the air show. In an effort 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 is establishing a safety zone. C. Discussion of the Final Rule The Coast Guard is establishing a safety zone on specified waters of the Atlantic Ocean 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 30, 2014 until June 1, 2014 between the hours of 12 p.m. and 3:30 p.m. each day. Access to the safety zone will be restricted during the specified date and times. Except for vessels authorized by the Captain of the Port or his Representative, no person or vessel may enter or remain in the safety zone during the time frame listed. The Captain of the Port will give notice of the enforcement of the safety zone by all appropriate means to provide the widest dissemination of notice among the affected segments of the public. This will include publication in the Local Notice to Mariners and Marine Information Broadcasts. 16:05 May 28, 2014 Jkt 232001 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 A. Regulatory History and Information The Patriotic Festival has taken place annually at the Virginia Beach Oceanfront since 2012. On April 7, 2014, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone, Atlantic Ocean; Virginia Beach, VA’’ in the Federal Register (79 FR 19034). We received no comments on the proposed rule. No public meeting was requested, and none was held. VerDate Mar<15>2010 D. Regulatory Analyses 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. The primary impact of these regulations will be on vessels wishing to transit the affected waterways during the safety zone on the Atlantic Ocean in the vicinity of Virginia Beach, VA from 12 p.m. until 3:30 p.m. on May 30, 2014 through June 1, 2014. Although these regulations prevent traffic from transiting a portion of the Atlantic Ocean during these events, that restriction is limited in duration, affects only a limited area, and will be well publicized to allow mariners to make alternative plans for transiting the affected area. 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. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in waters of the Atlantic Ocean during the outlined timeframe. 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, and (ii) before the enforcement period, maritime advisories will be issued allowing mariners to adjust their plans accordingly. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 30731 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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 E:\FR\FM\29MYR1.SGM 29MYR1 30732 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations 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. emcdonald on DSK67QTVN1PROD with RULES 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 VerDate Mar<15>2010 16:05 May 28, 2014 Jkt 232001 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. 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, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: (i) Contact on scene contracting vessels via VHF channel 13 and 16 for passage instructions. (ii) If on scene proceed as directed by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Hampton Roads can be reached through the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia at telephone number (757) 668–5555. (4) The Coast Guard Representatives enforcing the safety zone can be contacted on VHF–FM marine band radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz). (d) Enforcement Period. This section will be enforced from 12 p.m. until 3:30 p.m. each day from May 30, 2014 to June 1, 2014. Dated: May 13, 2014. John K. Little, Captain, U.S. Coast Guard, Captain of the Port Hampton Roads. [FR Doc. 2014–12381 Filed 5–28–14; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P 1. The authority citation for part 165 continues to read as follows: DEPARTMENT OF HOMELAND SECURITY ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0148] 2. Add § 165.T05–0007 to read as follows: RIN 1625–AA00 § 165.T05–0007 Safety Zone, Atlantic Ocean; Virginia Beach, VA. Safety Zone, Fifth Coast Guard District Fireworks Display Cape Fear River; Wilmington, NC ■ (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: 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). (c) Regulations. (1) In accordance with the general regulations in § 165.23, 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: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is temporarily changing the enforcement location of a safety zone for one specific recurring fireworks display in the Fifth Coast Guard District. This regulation applies to only one recurring fireworks event, held adjacent to the Cape Fear River, Wilmington, North Carolina. The fireworks display formerly originated from a location on land but this year will originate from a barge. The safety zone is necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of the Cape Fear River, Wilmington, North Carolina, during the event. DATES: This safety zone is effective from 5:30 p.m. on July 4, 2014 to 1 a.m. on July 5, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0148]. To view documents SUMMARY: E:\FR\FM\29MYR1.SGM 29MYR1

Agencies

[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30730-30732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12381]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0007]
RIN 1625-AA00


Safety Zone, 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 
safety zone will restrict vessel movement in the specified area during 
the Patriotic Festival III. This action is necessary to provide for the 
safety of life and property on the surrounding navigable waters during 
the air show.

DATES: This rule is effective from May 30, 2014 until June 1, 2014 
between the hours of 12 p.m. and 3:30 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0007]. 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

[[Page 30731]]

material to the docket, call Cheryl Collins, 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 Patriotic Festival has taken place annually at the Virginia 
Beach Oceanfront since 2012. On April 7, 2014, we published a notice of 
proposed rulemaking (NPRM) entitled ``Safety Zone, Atlantic Ocean; 
Virginia Beach, VA'' in the Federal Register (79 FR 19034). We received 
no comments on the proposed rule. No public meeting was requested, and 
none was held.

B. Basis and Purpose

    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 instances of jets and planes crashing during 
performances at air shows. In addition, there is typically a wide area 
of scattered debris that also damages property and could cause 
significant injury or death to mariners observing the air show. In an 
effort 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 is establishing a safety zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Atlantic Ocean 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 30, 2014 until June 1, 2014 
between the hours of 12 p.m. and 3:30 p.m. each day. Access to the 
safety zone will be restricted during the specified date and times.
    Except for vessels authorized by the Captain of the Port or his 
Representative, no person or vessel may enter or remain in the safety 
zone during the time frame listed. The Captain of the Port will give 
notice of the enforcement of the safety zone by all appropriate means 
to provide the widest dissemination of notice among the affected 
segments of the public. This will include publication in 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 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. The primary impact of 
these regulations will be on vessels wishing to transit the affected 
waterways during the safety zone on the Atlantic Ocean in the vicinity 
of Virginia Beach, VA from 12 p.m. until 3:30 p.m. on May 30, 2014 
through June 1, 2014. Although these regulations prevent traffic from 
transiting a portion of the Atlantic Ocean during these events, that 
restriction is limited in duration, affects only a limited area, and 
will be well publicized to allow mariners to make alternative plans for 
transiting the affected area.

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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in waters of the Atlantic Ocean during the outlined 
timeframe.
    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, and (ii) 
before the enforcement period, 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 (Public Law 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

[[Page 30732]]

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. 
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, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0007 to read as follows:


Sec.  165.T05-0007  Safety Zone, 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: 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).
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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) Contact on scene contracting vessels via VHF channel 13 and 16 
for passage instructions.
    (ii) If on scene proceed as directed by any commissioned, warrant 
or petty officer on shore or on board a vessel that is displaying a 
U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement Period. This section will be enforced from 12 p.m. 
until 3:30 p.m. each day from May 30, 2014 to June 1, 2014.

    Dated: May 13, 2014.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-12381 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P