Safety Zone, Urbanna Creek; Saluda, VA, 34420-34422 [2014-14161]
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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations
Washington Ship Canal, mile 5.2, at
Seattle, WA. The requested deviation is
necessary to accommodate safe
movement of ‘‘Rock and Roll Run’’
event participants. This deviation
allows the Montlake Bridge across the
Lake Washington Ship Canal, mile 5.2,
at Seattle, WA to remain in the closed
position and need not open for vessel
traffic from 11 a.m. to 2 p.m. on June 21,
2014. Vessels which do not require
bridge openings may continue to transit
beneath the bridge during the closure
period.
The Montlake Bridge crosses the Lake
Washington Ship Canal at mile 5.2 and
while in the closed position provides 30
feet of vertical clearance throughout the
navigation channel and 46 feet of
vertical clearance throughout the center
60-feet of the bridge; vertical clearance
referenced to the Mean Water Level of
Lake Washington. Vessels which do not
require a bridge opening may continue
to transit beneath the bridge during this
closure period. Under normal
conditions this bridge opens on signal,
subject to the list of exceptions provided
in 33 CFR 117.1051(e). This deviation
period is from 9 a.m. to 2 p.m. June 21,
2014. Waterway usage on the Lake
Washington Ship Canal ranges from
commercial tug and barge to small
pleasure craft. Mariners will be notified
and kept informed of the bridges’
operational status via the Coast Guard
Notice to Mariners publication and
Broadcast Notice to Mariners as
appropriate. The bridge will be required
to open, if needed, 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: June 6, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2014–14174 Filed 6–16–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0372]
RIN 1625–AA00
Safety Zone, Urbanna Creek; Saluda,
VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of Urbanna Creek in
Saluda, VA to support the Urbanna
Independence Day Celebration
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 and
enforced on July 5, 2014 from 10:00
p.m. to 10:30 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0372]. 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 Gregory Knoll, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
(757) 668–5581, email Gregory.J.Knoll@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202)-366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
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
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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 on May 12, 2014, 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 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, local notice to
mariners, commercial radio stations,
and area newspapers.
B. Basis and Purpose
On July 5, 2014, the town of Urbanna
will host a fireworks display on the
bank of Urbanna Creek in Saluda, VA.
The fireworks debris fallout area will
extend over the navigable waters of
Urbanna Creek. 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 within 350 feet of
the fireworks launch site.
C. Discussion of the Rule
The Coast Guard is establishing a
safety zone on specified waters of
Urbanna Creek in Saluda, VA. The
fireworks will be launched from shore
in the vicinity of Rosegill Farm Airstrip.
The safety zone will encompass all
navigable waters within 350 feet of the
fireworks launching location at position
37°38′09″ N, 076°34′03″ W. This safety
zone will be established and enforced
from 10:00 p.m. until 10:30 p.m. on July
5, 2014. 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
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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations
or vessel may enter or remain in the
regulated area.
allowing mariners to adjust their plans
accordingly.
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.
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.
tkelley on DSK3SPTVN1PROD with RULES
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 Urbanna Creek from
10:00 p.m. until 10:30 p.m. on July 5,
2014.
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 of July 5, 2014,
maritime advisories will be issued
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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
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
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34421
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
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Federal Register / Vol. 79, No. 116 / Tuesday, June 17, 2014 / Rules and Regulations
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 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
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 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period. This section
will be enforced on Saturday July 5,
2014 from 10:00 p.m. to 10:30 p.m.
unless cancelled earlier by the Captain
of the Port.
Dated: May 23, 2014.
John K. Little,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. 2014–14161 Filed 6–16–14; 8:45 am]
BILLING CODE 9110–04–P
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.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 165.T05–0372 to read as
follows:
33 CFR Part 165
§ 165.T05–0372 Safety Zone, Urbanna
Creek; Saluda, VA.
RIN 1625–AA00
(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, all waters of Urbanna Creek within
a 350 foot radius of the fireworks
launching location in approximate
position latitude 37°38′09″ N longitude
076°34′03″ W, located near Rosegill
Farm Airstrip in Saluda, VA.
(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
Safety Zone; Cape Fear River;
Wilmington, NC
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Coast Guard
[Docket Number USCG–2014–0413]
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the Cape Fear River
in Wilmington, NC in support of a
fireworks display on June 20, 2014. This
action is necessary to protect the life
and property of the maritime public and
spectators from the hazards posed by
aerial fireworks displays. Entry into or
movement within this safety zone
during the enforcement period is
prohibited without approval of the
Captain of the Port.
DATES: This rule is effective from 9 p.m.
to 10 p.m. on June 20, 2014.
SUMMARY:
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If
you have questions on this rule, call or
email LCDR Evelynn B. Samms, Coast
Guard Sector North Carolina, Coast
Guard; telephone (910) 772–2207, email
Evelynn.B.Samms@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
1. The authority citation for part 165
continues to read as follows:
■
■
Documents mentioned in
this preamble are part of docket [USCG–
2014–0413]. 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.
ADDRESSES:
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The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
final details for this event were not
provided to the Coast Guard until May
19, 2014. Delaying the effective date for
comment would be contrary to the
public interest, since 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 effected
waterways of the safety zone via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
E:\FR\FM\17JNR1.SGM
17JNR1
Agencies
[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34420-34422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14161]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0372]
RIN 1625-AA00
Safety Zone, Urbanna Creek; Saluda, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Urbanna Creek in Saluda, VA to support the Urbanna
Independence Day Celebration 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 and enforced on July 5, 2014 from
10:00 p.m. to 10:30 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0372]. 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 Gregory Knoll, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard; telephone (757) 668-5581, email
Gregory.J.Knoll@uscg.mil. If you have questions on viewing or
submitting 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 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 on May 12, 2014, 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 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, local notice to mariners,
commercial radio stations, and area newspapers.
B. Basis and Purpose
On July 5, 2014, the town of Urbanna will host a fireworks display
on the bank of Urbanna Creek in Saluda, VA. The fireworks debris
fallout area will extend over the navigable waters of Urbanna Creek.
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 within
350 feet of the fireworks launch site.
C. Discussion of the Rule
The Coast Guard is establishing a safety zone on specified waters
of Urbanna Creek in Saluda, VA. The fireworks will be launched from
shore in the vicinity of Rosegill Farm Airstrip. The safety zone will
encompass all navigable waters within 350 feet of the fireworks
launching location at position 37[deg]38'09'' N, 076[deg]34'03'' W.
This safety zone will be established and enforced from 10:00 p.m. until
10:30 p.m. on July 5, 2014. 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
[[Page 34421]]
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 Urbanna Creek from
10:00 p.m. until 10:30 p.m. on July 5, 2014.
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 of July 5, 2014, 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
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
[[Page 34422]]
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 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.T05-0372 to read as follows:
Sec. 165.T05-0372 Safety Zone, Urbanna Creek; Saluda, 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, all waters of Urbanna Creek within a 350 foot radius of
the fireworks launching location in approximate position latitude
37[deg]38'09'' N longitude 076[deg]34'03'' W, located near Rosegill
Farm Airstrip in Saluda, VA.
(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 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period. This section will be enforced on Saturday
July 5, 2014 from 10:00 p.m. to 10:30 p.m. unless cancelled earlier by
the Captain of the Port.
Dated: May 23, 2014.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2014-14161 Filed 6-16-14; 8:45 am]
BILLING CODE 9110-04-P