Safety Zone, Elizabeth River; Norfolk, VA, 46695-46697 [2014-18862]

Download as PDF 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 http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Jim Wetherington, Bridge Administration Branch, Coast Guard, telephone (504) 671–2128, email james.r.wetherington@ uscg.mil. If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The 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 tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:09 Aug 08, 2014 Jkt 232001 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR 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 Fmt 4700 Sfmt 4700 The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because 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. E:\FR\FM\11AUR1.SGM 11AUR1 46696 Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:09 Aug 08, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\11AUR1.SGM 11AUR1 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. tkelley on DSK3SPTVN1PROD with RULES 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have determined 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. 16:09 Aug 08, 2014 Jkt 232001 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room SUMMARY: E:\FR\FM\11AUR1.SGM 11AUR1

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]


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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 http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR 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