Safety Zone, Elizabeth River; Norfolk, VA, 46695-46697 [2014-18862]
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
Notice of temporary deviation
from regulations.
ACTION:
The Coast Guard has issued a
temporary deviation from the regulation
governing the operation of the LA 330
Swing Bridge across Tigre Bayou, mile
2.3 in Delcambre, Vermilion Parish,
Louisiana. This deviation provides for
the bridge to remain closed to
navigation for approximately 80 days for
the purpose of conducting scheduled
maintenance to the drawbridge.
DATES: This deviation is effective from
6 a.m. on August 18, 2014 through 6
p.m. on November 9, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0644] is
available at 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 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
Louisiana Department of Transportation
and Development (LADOTD) requested
a temporary deviation from the normal
operation of the drawbridge in order to
perform maintenance and install a new
rack system under the bridge. This
deviation allows the draw of the LA 330
Swing Bridge across Tigre Bayou, mile
2.3 in Delcambre, Vermilion Parish,
Louisiana, to remain closed to
navigation from 6 a.m. on August 18,
2014 through 6 p.m. on November 9,
2014. These repairs require the bridge to
be jacked up in order for the work to be
done. These repairs are necessary for the
continued operation of the bridge. The
bridge can open for emergencies if four
hours notice is given.
Broadcast Notice to Mariners and/or
Local Notice to Mariners will be used to
update mariners of any changes in this
deviation.
The bridge has a vertical clearance of
5 feet above mean high water in the
closed-to-navigation position and
unlimited vertical clearance in the
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SUMMARY:
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open-to-navigation position. Navigation
on the waterway consists primarily of
recreational craft. In accordance with 33
CFR 117.507, the draw of the bridge
shall open on signal if at least four
hours notice is given. There is no
alternate route.
The Coast Guard and the State
determined that there will be no
significant impacts on vessel traffic
because only one request for an opening
was made within the last year. That
vessel owner has been contacted by the
contractor and is aware of the situation.
Vessel traffic that does not require an
opening may pass at any time at the
minimum safe operating speed.
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: July 24, 2014.
David M. Frank,
Bridge Administrator.
[FR Doc. 2014–18869 Filed 8–8–14; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket No. USCG–2014–0619]
RIN 1625–AA00
Safety Zone, Elizabeth River; Norfolk,
VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a safety zone on the
navigable waters of the Eastern Branch
of the Elizabeth River in Norfolk, VA to
support four Harbor Park Stadium
fireworks displays. 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.
SUMMARY:
This rule is effective from
August 11, 2014 through August 30,
2014, and has been effective with actual
notice since July 23, 2014. It has been
or will be enforced from 10 p.m. until
10:30 p.m. on August 2, August 16,
August 29, and August 30, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
DATES:
Frm 00031
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
Coast Guard
PO 00000
2014–0619]. 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) 668–5580, 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
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
46695
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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 it is
impracticable to provide a full comment
period due to lack of time before the
remaining shows planned for this
season. Any delay encountered in this
regulation’s effective date to provide for
a comment period would be contrary to
the public interest as immediate action
is needed to ensure the safety of the
event participants, patrol vessels,
spectator craft and other vessels
transiting the event area. The Coast
Guard will provide advance
notifications to users of the affected
waterways of the safety zone via marine
information broadcasts, local notice to
mariners, commercial radio stations,
and area newspapers.
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
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B. Basis and Purpose
On August 2, August 16, August 29,
and August 30, 2014, the Norfolk Tides
Baseball Club will host fireworks
displays at Harbor Park Stadium on the
bank of the Eastern Branch of the
Elizabeth River in Norfolk, VA. The
fireworks debris fallout area will extend
over the navigable waters of the eastern
branch of the Elizabeth River. 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
210 feet of the fireworks launch site
between positions 36°50′29.8896″ N,
076°16′43.662″ W and 36°50′30.3678″ N,
076°16′39.936″ W.
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
C. Discussion of the Rule
that are independently owned and
operated and are not dominant in their
The Coast Guard is establishing a
fields, and governmental jurisdictions
safety zone on specified waters of the
Eastern Branch of the Elizabeth River in with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
Norfolk, VA to support four fireworks
605(b) that this rule will not have a
displays. The fireworks will be
significant economic impact on a
launched from shore in the vicinity of
substantial number of small entities.
the Harbor Park Stadium. The safety
The rule will affect the following
zone will encompass all navigable
entities, some of which might be small
waters within 210 feet of the fireworks
entities: The owners or operators of
launching location at positions
36°50′29.8896″ N, 076°16′43.662″ W and vessels intending to transit or anchor in
that portion of the eastern branch of the
36°50′30.3678″ N, 076°16′39.936″ W.
This safety zone will be established and Elizabeth River from 10 p.m. until 10:30
p.m. on August 2, August 16, August 29,
enforced from 10 p.m. until 10:30 p.m.
on August 2, August 16, August 29, and and August 30, 2014.
This safety zone will not have a
August 30, 2014. Access to the safety
significant economic impact on a
zone will be restricted during the
substantial number of small entities for
specified dates and times. Except for
the following reasons: (i) The safety
individuals responsible for launching
zone will only be in place for a limited
the fireworks and vessels specifically
and expressly authorized by the Captain duration; and (ii) before the enforcement
periods of August 2, August 16, August
of the Port or his Representative, no
29, and August 30, 2014 maritime
person or vessel may enter or remain in
advisories will be issued allowing
the regulated area.
mariners to adjust their plans
D. Regulatory Analyses
accordingly.
We developed this rule after
3. Assistance for Small Entities
considering numerous statutes and
Under section 213(a) of the Small
executive orders related to rulemaking.
Business Regulatory Enforcement
Below we summarize our analyses
Fairness Act of 1996 (Pub. L. 104–121),
based on these statutes or executive
we want to assist small entities in
orders.
understanding this rule. If the rule
1. Regulatory Planning and Review
would affect your small business,
This rule is not a significant
organization, or governmental
regulatory action under section 3(f) of
jurisdiction and you have questions
Executive Order 12866, Regulatory
concerning its provisions or options for
Planning and Review, as supplemented
compliance, please contact the person
by Executive Order 13563, Improving
listed in the FOR FURTHER INFORMATION
Regulation and Regulatory Review, and
CONTACT, above.
Small businesses may send comments
does not require an assessment of
on the actions of Federal employees
potential costs and benefits under
section 6(a)(3) of Executive Order 12866 who enforce, or otherwise determine
compliance with, Federal regulations to
or under section 1 of Executive Order
the Small Business and Agriculture
13563. The Office of Management and
Regulatory Enforcement Ombudsman
Budget has not reviewed it under those
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16:09 Aug 08, 2014
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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
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Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations
List of Subjects in 33 CFR Part 165
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.
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.
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14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a safety zone for a fireworks
display and is not expected to have a
significant impact on the water or
environment. 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.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
11. Indian Tribal Governments
VerDate Mar<15>2010
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:
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.
2. Add § 165.T05–0619 to read as
follows:
■
§ 165.T05–0619 Safety Zone, Elizabeth
River; Norfolk, 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 the Eastern Branch of
the Elizabeth River between
approximate position 36°50′29.8896″ N,
076°16′43.662″ W and 36°50′30.3678″ N,
076°16′39.936″ W, extending 210 ft from
the shoreline into the Eastern Branch of
the Elizabeth River in the vicinity of
Harbor Park Stadium in Norfolk, VA.
(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
Representative.
(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
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46697
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 August 2, August
16, August 29, and August 30, 2014
from 10 p.m. to 10:30 p.m. unless
cancelled earlier by the Captain of the
Port.
Dated: July 23, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2014–18862 Filed 8–8–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0376]
RIN 1625–AA00
Safety Zone, James River; Newport
News, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the James River in
Newport News, VA for multiple periods,
one hour in length each, on all
weekdays from August 6 until August
15, 2014. This action will restrict vessel
traffic movement in the designated area
during the United States Navy’s
operation involving unmanned and
remote-operated crafts. This action is
necessary in order to protect the life and
property of the maritime public due to
the high speed maneuvering of the
vessels and the experimental nature of
the control technology.
DATES: This rule is effective from
August 11, 2014 through August 15,
2014, and has been in effect with actual
notice since July 30, 2014. It has been
or will be enforced from August 6
through August 8, 2014 and August 11
through August 15, 2014, from 9:30 a.m.
to 10:30 a.m., 12 p.m. to 1 p.m., and 2
p.m. to 3 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0376]. 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46695-46697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18862]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0619]
RIN 1625-AA00
Safety Zone, Elizabeth River; Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Eastern Branch of the Elizabeth River in Norfolk, VA to
support four Harbor Park Stadium fireworks displays. 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 is effective from August 11, 2014 through August 30,
2014, and has been effective with actual notice since July 23, 2014. It
has been or will be enforced from 10 p.m. until 10:30 p.m. on August 2,
August 16, August 29, and August 30, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0619]. 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) 668-5580, 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. 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 it is impracticable to provide a full
comment period due to lack of time before the remaining shows planned
for this season. Any delay encountered in this regulation's effective
date to provide for a comment period would be contrary to the public
interest as immediate action is needed to ensure the safety of the
event participants, patrol vessels, spectator craft and other vessels
transiting the event area. The Coast Guard will provide advance
notifications to users of the affected waterways of the safety zone via
marine information broadcasts, local notice to mariners, commercial
radio stations, and area newspapers.
[[Page 46696]]
B. Basis and Purpose
On August 2, August 16, August 29, and August 30, 2014, the Norfolk
Tides Baseball Club will host fireworks displays at Harbor Park Stadium
on the bank of the Eastern Branch of the Elizabeth River in Norfolk,
VA. The fireworks debris fallout area will extend over the navigable
waters of the eastern branch of the Elizabeth River. 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 210 feet of the fireworks
launch site between positions 36[deg]50'29.8896'' N,
076[deg]16'43.662'' W and 36[deg]50'30.3678'' N, 076[deg]16'39.936'' W.
C. Discussion of the Rule
The Coast Guard is establishing a safety zone on specified waters
of the Eastern Branch of the Elizabeth River in Norfolk, VA to support
four fireworks displays. The fireworks will be launched from shore in
the vicinity of the Harbor Park Stadium. The safety zone will encompass
all navigable waters within 210 feet of the fireworks launching
location at positions 36[deg]50'29.8896'' N, 076[deg]16'43.662'' W and
36[deg]50'30.3678'' N, 076[deg]16'39.936'' W. This safety zone will be
established and enforced from 10 p.m. until 10:30 p.m. on August 2,
August 16, August 29, and August 30, 2014. Access to the safety zone
will be restricted during the specified dates and times. Except for
individuals responsible for launching the fireworks and vessels
specifically and expressly authorized by the Captain of the Port or his
Representative, no person or vessel may enter or remain in the
regulated area.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those orders. Although this regulation
restricts access to the safety zone, the effect of this rule will not
be significant because: (i) The safety zone will be in effect for a
limited duration; (ii) the zone is of limited size; (iii) mariners may
transit the waters in and around this safety zone at the discretion of
the Captain of the Port or designated representative; and (iv), the
Coast Guard will make notifications via maritime advisories so mariners
can adjust their plans accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
The rule will affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
or anchor in that portion of the eastern branch of the Elizabeth River
from 10 p.m. until 10:30 p.m. on August 2, August 16, August 29, and
August 30, 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 periods of August 2, August 16, August 29, and
August 30, 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
[[Page 46697]]
minimize litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves establishing a safety zone for a fireworks display
and is not expected to have a significant impact on the water or
environment. 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, 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.T05-0619 to read as follows:
Sec. 165.T05-0619 Safety Zone, Elizabeth River; Norfolk, 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 the Eastern Branch of the Elizabeth River
between approximate position 36[deg]50'29.8896'' N, 076[deg]16'43.662''
W and 36[deg]50'30.3678'' N, 076[deg]16'39.936'' W, extending 210 ft
from the shoreline into the Eastern Branch of the Elizabeth River in
the vicinity of Harbor Park Stadium in Norfolk, VA.
(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
Representative.
(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 August 2,
August 16, August 29, and August 30, 2014 from 10 p.m. to 10:30 p.m.
unless cancelled earlier by the Captain of the Port.
Dated: July 23, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-18862 Filed 8-8-14; 8:45 am]
BILLING CODE 9110-04-P
