Safety Zone; James River; Newport News, VA, 38479-38481 [2014-15933]
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Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Proposed Rules
ehiers on DSK2VPTVN1PROD with PROPOSALS
www.regulations.gov or to submit them
by mail early. For additional
information on submitting comments
and the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to the Federal
eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mary Ziegler, Director, Division of
Regulations, Legislation and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3510, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of the NPRM may be
obtained in alternative formats (large
print, braille, audio tape, or disc) upon
request by calling (202) 693–0023. TTY/
TDD callers may dial toll-free (877) 889–
5627 to obtain information or request
materials in alternative formats.
Questions of interpretation or
enforcement of regulations issued by
this agency or referenced in this
document may be directed to the nearest
Wage and Hour Division District Office.
Locate the nearest office by calling the
Wage and Hour Division’s toll-free help
line at (866) 4US–WAGE ((866) 487–
9243) between 8 a.m. and 5 p.m. in your
local time zone, or log onto the Wage
and Hour Division’s Web site for a
nationwide listing of Wage and Hour
District and Area Offices at https://
www.dol.gov/whd/america2.htm.
SUPPLEMENTARY INFORMATION:
I. Electronic Access and Filing
Comments
Public Participation: The NPRM is
available through the Federal Register
and the https://www.regulations.gov Web
site. You may also access the NPRM
through the Department’s Web site at
https://www.dol.gov/federalregister. To
comment electronically on federal
rulemakings, go to the Federal
eRulemaking Portal at https://
www.regulations.gov, which will allow
you to find, review, and submit
comments on federal documents that are
published in the Federal Register and
open for comment. Please identify all
comments submitted in electronic form
by the RIN Docket Number (1235–
AA10). Because of delays in receiving
mail in the Washington, DC area, in
order to ensure timely receipt prior to
the close of the comment period,
commenters should transmit their
comments electronically through the
Federal eRulemaking Portal at https://
VerDate Mar<15>2010
15:17 Jul 07, 2014
Jkt 232001
www.regulations.gov or submit them by
mail early. Please submit one copy of
your comments by only one method.
II. Request for Comment
The Department is proposing
regulations to implement Executive
Order 13658, Establishing a Minimum
Wage for Contractors. The Executive
Order seeks to increase efficiency and
cost savings in the work performed by
parties that contract with the Federal
Government by raising the hourly
minimum wage paid by those
contractors to workers performing work
on covered federal contracts to: (i)
$10.10 per hour, beginning January 1,
2015; and (ii) beginning January 1, 2016,
and annually thereafter, an amount
determined by the Secretary of Labor.
The NPRM incorporates existing
definitions, procedures, remedies, and
enforcement processes under the Fair
Labor Standards Act, the Service
Contract Act, and the Davis-Bacon Act.
On February 12, 2014, President
Obama signed Executive Order 13658,
which directed the Department to issue
regulations to implement the
requirements of the Executive Order by
October 1, 2014. On June 12, 2014, the
Department posted on its Web site an
overview of the Executive Order and the
NPRM comment process. The
Department published the NPRM in the
Federal Register on June 17, 2014 (79
FR 34568), complete with background
information, economic impact analysis
and proposed regulatory text. The
NPRM also requested that interested
parties from the public submit
comments on the NPRM on or before
July 17, 2014.
The Department has received requests
to extend the period for filing public
comments from government and
business organizations. Because of the
interest that has been expressed in this
matter, the Department has decided to
provide an extension of the period for
submitting public comment until July
28, 2014.
Dated: June 30, 2014.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2014–15767 Filed 7–7–14; 8:45 am]
BILLING CODE 4510–27–P
PO 00000
38479
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0376]
RIN 1625–AA00
Safety Zone; James River; Newport
News, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a safety zone on the navigable
waters of the James River in the vicinity
of the James River Reserve Fleet and
Hog Island, Virginia for multiple
periods of one hour in length each on
all weekdays from August 6 until
August 15, 2014. This safety zone is
intended to restrict vessel movement in
the specified area during the United
States Navy’s demonstrations involving
unmanned and remote-operated crafts.
This action is necessary to provide for
the safety of life and property on the
surrounding navigable waters during the
events due to the high speed
maneuvering of the vessels and the
experimental nature of the control
technology.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before July 23, 2014.
ADDRESSES: Submit comments online at
https://www.regulations.gov (follow Web
site directions) or by fax to 202–493–
2251.
DATES:
If
you have questions on this rule, call or
email LCDR Gregory Knoll, Waterways
Management Division Chief, Sector
Hampton Roads, Coast Guard; telephone
(757) 668–5580, email
HamptonRoadsWaterway@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:
FOR FURTHER INFORMATION CONTACT:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Comments
Information and comments that you
send us may influence our final action
on these proposals. Mark comments
with docket number USCG–2014–0376
and provide a reason for each comment.
If you include personal contact
Frm 00002
Fmt 4702
Sfmt 4702
E:\FR\FM\08JYP1.SGM
08JYP1
38480
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Proposed Rules
information, it will help us if we need
to follow up on your comments, but it
may be searchable by others online (see
the Privacy Act notice at 73 FR 3316,
Jan. 17, 2008).
Documents mentioned in this notice,
and all public comments, can be viewed
at https://www.regulations.gov by
following the Web site’s directions.
We are not planning to hold a public
meeting, but if you think one would be
helpful, please contact us (see FOR
FURTHER INFORMATION CONTACT) as soon
as possible.
B. Regulatory History and Information
The United States Navy is conducting
a demonstration in the James River in
the vicinity of the James River Reserve
Fleet and Hog Island. This is not
expected to be an annually recurring
event, although the Navy and other
entities of the federal government have
conducted other experiments and
exercises requiring safety zones in the
past.
ehiers on DSK2VPTVN1PROD with PROPOSALS
C. Basis and Purpose
The legal basis of this rule is found in
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;
Public Law 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1. The purpose of
this rule is to promote public and
maritime safety during the Navy’s
demonstrations involving unmanned
and remote-operated crafts.
D. Discussion of the Proposed Rule
The Captain of the Port of Hampton
Roads proposes to establish a safety
zone within the waters of the James
River, from James River Channel
Lighted Buoy 11 (LLNR 11595),
upstream to James River Channel
Lighted Buoy 44 (LLNR 11987), bank to
bank, in the vicinity of the James River
Reserve Fleet and Hog Island, Virginia.
This proposed safety zone will be
enforced from August 6, 2014 through
August 8, 2014 and August 11, 2014
through August 15, 2014 during the
hours of 9:30 a.m. to 10:30 a.m., 11:30
a.m. to 12:30 p.m. and 2 p.m. to 3 p.m.
each day. Access to the safety zone will
be restricted during the specified dates
and times.
Except for vessels authorized by the
Captain of the Port or his designated
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
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will include publication in the Local
Notice to Mariners and Marine
Information Broadcasts.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 James River in the
vicinity of Newport News, VA.
Although these regulations prevent
traffic from transiting a portion of the
James River during these experiments,
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 proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed 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 specified waters of the
James River 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
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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 proposed 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 proposed 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 proposed 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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
E:\FR\FM\08JYP1.SGM
08JYP1
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Proposed Rules
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
proposed 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 proposed 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 proposed 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 proposed 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 proposed 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
ehiers on DSK2VPTVN1PROD with PROPOSALS
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
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15:17 Jul 07, 2014
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38481
Significantly Affect Energy Supply,
Distribution, or Use.
165.T05–0376 Safety Zone, James River;
Virginia Beach, VA.
13. Technical Standards
1. The authority citation for part 165
continues to read as follows:
(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: The James River between James
River Channel Lighted Buoy 11 and
James River Channel Lighted Buoy 44
from bank to bank.
(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) 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 9:30 a.m. to 10:30
a.m., 11:30 a.m. to 12:30 p.m. and 2 p.m.
to 3 p.m. each day from August 6, 2014
through August 8, 2014 and from
August 11, 2014 through August 15,
2014.
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.
Dated: June 25, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 proposed rule
involves the establishment of a safety
zone. This proposed 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 proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
2. Add § 165.T05–0376 to read as
follows:
■
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[FR Doc. 2014–15933 Filed 7–7–14; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\08JYP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Proposed Rules]
[Pages 38479-38481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15933]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0376]
RIN 1625-AA00
Safety Zone; James River; Newport News, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone on the
navigable waters of the James River in the vicinity of the James River
Reserve Fleet and Hog Island, Virginia for multiple periods of one hour
in length each on all weekdays from August 6 until August 15, 2014.
This safety zone is intended to restrict vessel movement in the
specified area during the United States Navy's demonstrations involving
unmanned and remote-operated crafts. This action is necessary to
provide for the safety of life and property on the surrounding
navigable waters during the events due to the high speed maneuvering of
the vessels and the experimental nature of the control technology.
DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2014.
ADDRESSES: Submit comments online at https://www.regulations.gov (follow
Web site directions) or by fax to 202-493-2251.
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) 668-5580, email
HamptonRoadsWaterway@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. Public Participation and Comments
Information and comments that you send us may influence our final
action on these proposals. Mark comments with docket number USCG-2014-
0376 and provide a reason for each comment. If you include personal
contact
[[Page 38480]]
information, it will help us if we need to follow up on your comments,
but it may be searchable by others online (see the Privacy Act notice
at 73 FR 3316, Jan. 17, 2008).
Documents mentioned in this notice, and all public comments, can be
viewed at https://www.regulations.gov by following the Web site's
directions.
We are not planning to hold a public meeting, but if you think one
would be helpful, please contact us (see FOR FURTHER INFORMATION
CONTACT) as soon as possible.
B. Regulatory History and Information
The United States Navy is conducting a demonstration in the James
River in the vicinity of the James River Reserve Fleet and Hog Island.
This is not expected to be an annually recurring event, although the
Navy and other entities of the federal government have conducted other
experiments and exercises requiring safety zones in the past.
C. Basis and Purpose
The legal basis of this rule is found in 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; Public Law 107-295, 116 Stat. 2064; and Department
of Homeland Security Delegation No. 0170.1. The purpose of this rule is
to promote public and maritime safety during the Navy's demonstrations
involving unmanned and remote-operated crafts.
D. Discussion of the Proposed Rule
The Captain of the Port of Hampton Roads proposes to establish a
safety zone within the waters of the James River, from James River
Channel Lighted Buoy 11 (LLNR 11595), upstream to James River Channel
Lighted Buoy 44 (LLNR 11987), bank to bank, in the vicinity of the
James River Reserve Fleet and Hog Island, Virginia. This proposed
safety zone will be enforced from August 6, 2014 through August 8, 2014
and August 11, 2014 through August 15, 2014 during the hours of 9:30
a.m. to 10:30 a.m., 11:30 a.m. to 12:30 p.m. and 2 p.m. to 3 p.m. each
day. Access to the safety zone will be restricted during the specified
dates and times.
Except for vessels authorized by the Captain of the Port or his
designated 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.
E. Regulatory Analyses
We developed this proposed 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 proposed 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 James River in the vicinity of
Newport News, VA. Although these regulations prevent traffic from
transiting a portion of the James River during these experiments, 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed 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 specified waters of the James River
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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed 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 proposed 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 proposed 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 38481]]
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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 proposed rule involves the establishment of a
safety zone. This proposed 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 proposes
to amend 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.T05-0376 to read as follows:
165.T05-0376 Safety Zone, James River; 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: The James River between James River Channel Lighted Buoy
11 and James River Channel Lighted Buoy 44 from bank to bank.
(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) 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 9:30
a.m. to 10:30 a.m., 11:30 a.m. to 12:30 p.m. and 2 p.m. to 3 p.m. each
day from August 6, 2014 through August 8, 2014 and from August 11, 2014
through August 15, 2014.
Dated: June 25, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-15933 Filed 7-7-14; 8:45 am]
BILLING CODE 9110-04-P
