Safety Zone, Eastern Branch Elizabeth River; Norfolk, VA, 20163-20166 [2015-08659]
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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations
Zone and shall be known as the Eighth
District Outer Continental Shelf Officer
in Charge, Marine Inspection. The
District Commander resolves any
conflict between the functions of this
marine inspection zone and any
geographically based marine inspection
zones described in 33 CFR 3.40–10,
3.40–15, 3.40–28, 3.40–35, 3.40–40,
3.40–60, or 3.40.65.
§§ 3.40–10, 3.40–15, 3.40–28, 3.40–35, 3.40–
40, 3.40–60, 3.40–65 [Amended]
3. Add the words the words ‘‘Subject
to the overriding provisions of § 3.40–
5,’’ in the following places:
■ a. In § 3.40–10, at the beginning of the
second sentence;
■ b. In §§ 3.40–15 and 3.40–28, at the
beginning of the first sentence in
paragraph (a);
■ c. In §§ 3.40–35, 3.40–40, and 3.40–60
at the beginning of the second sentence;
and
■ d. In § 3.40–65, at the beginning of the
first sentence in paragraph (a).
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0222]
Drawbridge Operation Regulations;
Piscataqua River, Kittery, ME
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
■
PART 141—PERSONNEL
4. The authority for part 141
continues to read as follows:
■
Authority: 43 U.S.C. 1356; 46 U.S.C.
70105; 49 CFR 1.46(z).
5. In § 141.15, redesignate paragraph
(c) as paragraph (c)(1) and add
paragraph (c)(2) to read as follows:
■
§ 141.15
Restrictions on employment.
*
*
*
*
*
(c) * * *
(2) Determinations in paragraph (c)(1)
of this section for all MODUs and fixed
and floating OCS facilities, as those
terms are defined in 33 CFR 140.10,
operating within the Eighth District
Outer Continental Shelf Marine
Inspection Zone will be made by the
Eighth District Outer Continental Shelf
Officer in Charge, Marine Inspection, as
defined and described in § 3.40–5 of this
chapter.
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Dated: April 9, 2015.
J.C. Burton,
Captain, U.S. Coast Guard, Director of
Inspections and Compliance.
[FR Doc. 2015–08533 Filed 4–14–15; 8:45 am]
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The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Sara M. Long
Bridge, mile 2.5, across the Piscataqua
River between Portsmouth, New
Hampshire and Kittery, Maine. This
deviation is necessary to facilitate
bridge construction. This deviation
allows the secondary draw at the Sara
M. Long Bridge to remain closed to
marine traffic during construction.
DATES: This deviation is effective from
May 15, 2015 through October 31, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0222] 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 deviation. 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, contact Ms. Judy K. LeungYee, Project Officer, First Coast Guard
District, telephone (212) 514–4330,
judy.k.leung-yee@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The Sara
M. Long Bridge across the Piscataqua
River, mile 2.5, between Portsmouth,
New Hampshire and Kittery, Maine, has
a vertical clearance in the closed
position of 8 feet at mean high water
and 18 feet at mean low water.
The secondary draw section will
remain closed during construction. The
existing bridge operating regulations are
found at 33 CFR 117.531(c).
The waterway is transited by seasonal
recreational vessels and commercial
vessels of various sizes.
The bridge owner, Maine Department
of Transportation, requested a
SUMMARY:
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20163
temporary deviation from the normal
operating schedule to facilitate bridge
construction.
Under this temporary deviation the
Sara M. Long Bridge secondary draw
may remain in the closed position from
May 15, 2015 through October 31, 2015.
There is an alternate route for vessel
traffic under the main span of the Sara
M. Long Bridge. Vessels are advised to
remain clear of the secondary draw and
related construction activities during
this closure. The secondary draw may
be opened in the event of an emergency.
The Coast Guard will inform the users
of the waterways through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridges so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule 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: April 6, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–08660 Filed 4–14–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0202]
RIN 1625–AA00
Safety Zone, Eastern Branch Elizabeth
River; Norfolk, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the Eastern Branch
of the Elizabeth River in support of the
Old Dominion University (ODU) versus
University of Virginia (UVA) Baseball
Game fireworks event. This safety zone
will restrict vessel movement in the
specified area during the fireworks
display. This action is necessary to
provide for the safety of life and
property on the surrounding navigable
waters during the fireworks display.
DATES: This rule is effective and
enforced from 9:30 p.m. to 10:30 p.m.
on April 28, 2015.
SUMMARY:
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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations
Documents mentioned in
this preamble are part of docket [USCG–
2015–0202]. 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:
ADDRESSES:
Table of Acronyms
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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 written 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 due to the short time period
between event planners notifying the
Coast Guard of details concerning the
event, on March 19, 2015, and
publication of this safety zone. As such,
it is impracticable for the Coast Guard
to provide a full comment period due to
lack of time. Furthermore, delaying the
effective date of this safety zone 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
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waterway via marine information
broadcasts and local notice to mariners.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the need for immediate
action, the restriction on vessel traffic is
necessary to protect life, property and
the environment; therefore, a 30-day
notice is impracticable. Delaying the
effective date would be contrary to the
safety zone’s intended objectives of
protecting persons and vessels, and
enhancing public and maritime safety.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 33 CFR
1.05–1, 6.04–1, 160.5; Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
The purpose of this safety zone is to
protect the event participants, patrol
vessels, spectator craft and other vessels
transiting navigable waters of the
Eastern Branch of the Elizabeth River
from hazards associated with a
fireworks display. The potential hazards
to mariners within the safety zone
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris.
C. Discussion of the Final Rule
On April 28, 2015, the Harbor Park
Stadium will be hosting the ODU versus
UVA baseball game which will include
a fireworks display 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.
The Captain of the Port of Hampton
Roads is establishing a safety zone on
specified waters of the Eastern Branch
of the Elizabeth River in Norfolk, VA.
The fireworks will be launched from the
shoreline of the Eastern Branch of the
Elizabeth River located behind the
Harbor Park Stadium. The safety zone
will encompass all navigable waters
within a 210 foot radius of the fireworks
launching location at position
36°50′29.8896″ N, 076°16′43.662″ W and
36°50′30.3678″ N, 076°16′39.936″ W.
This safety zone will be established and
enforced from 9:30 p.m. to 10:30 p.m.
on April 28, 2015. Access to the safety
zone will be restricted during the
specified date and times. Except for
participants and vessels authorized by
the Captain of the Port of his
Representative, no person or vessel may
enter or remain in the regulated area.
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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 to the affected segments of the
public. This includes publication in the
Local Notice to Mariners and Marine
Information Broadcasts.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this safety zone
restricts vessel traffic through the
regulated area, the effect of this rule will
not be significant because: (i) This rule
will only be enforced for the limited
size and duration of the event; and (ii)
the Coast Guard will make extensive
notification to the maritime community
via marine information broadcasts so
mariners may 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.
This rule affects the following entities,
some of which might be small entities:
the owners or operators of vessels
intending to transit or anchor in waters
of the Eastern Branch of the Elizabeth
River during the enforcement period.
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 is of limited size and duration, and
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(ii) Sector Hampton Roads will issue
maritime advisories widely available to
users of the Eastern Branch of the
Elizabeth River 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 the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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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.
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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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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20165
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 34–(g) of Figure
2–1 of the Commandant Instruction. 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0202 to read as
follows:
■
§ 165.T05–0202 Safety Zone, Eastern
Branch 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.
Participants mean individuals
responsible for launching the fireworks.
(b) Locations. The following area is a
safety zone:
(1) All waters of the Eastern Branch of
the Elizabeth River within a 210 foot
radius of the fireworks display in
approximate position 36°50′29.8896″ N,
076°16′43.662″ W and 36°50′30.3678″ N,
076°16′39.936″ W, located near the
Harbor Park Stadium, Norfolk, Virginia.
(c) Regulations.
(1) All persons are required to comply
with the general regulations governing
safety zones in § 165.23 of this part.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
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the Captain of the Port, Hampton Roads
or his designated representatives.
(3) All vessels underway within this
safety zone at the time it is implemented
are to depart the zone immediately.
(4) The Captain of the Port, Hampton
Roads or his representative can be
contacted at telephone number (757)
668–5555.
(5) The Coast Guard vessels enforcing
the safety zone can be contacted on
VHF–FM marine band radio channel 13
(165.65Mhz) and channel 16 (156.8
Mhz).
(6) This section applies to all persons
or vessels wishing to transit through the
safety zone except participants and
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Enforcement Period. This rule will
be enforced from 9:30 p.m. to 10:30 p.m.
on April 28, 2015.
Dated: April 3, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2015–08659 Filed 4–14–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0612; FRL–9925–32–
Region–9]
Determination of Attainment of the 1Hour Ozone National Ambient Air
Quality Standard in the Southeast
Desert Nonattainment Area in
California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is determining that the
Southeast Desert nonattainment area has
attained the 1-hour ozone National
Ambient Air Quality Standard. This
determination is based on complete,
quality-assured, and certified data for
the most recent three-year period (2011–
2013). Preliminary data available
through December 2014 are consistent
with continued attainment.
DATES: This final rule is effective on
May 15, 2015.
ADDRESSES: The EPA has established a
docket for this action, identified by
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SUMMARY:
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Docket ID Number EPA–R09–OAR–
2014–0612. The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed directly
below.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), EPA
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On August 25, 2014 (79 FR 50574),
the EPA proposed to determine that the
Southeast Desert 1-hour ozone
nonattainment area has attained the 1hour ozone National Ambient Air
Quality Standard (NAAQS or
‘‘standard’’), based on complete, qualityassured and certified ambient air quality
data for the 2011 to 2013 monitoring
period. The Southeast Desert 1-hour
ozone nonattainment area covers the
Victor Valley/Barstow region in San
Bernardino County, the Coachella
Valley region in Riverside County, and
the Antelope Valley portion of Los
Angeles County (see 40 CFR 81.305 for
the precise boundaries of the 1-hour
ozone nonattainment area).
Our proposed rule provides
background information on the 1-hour
ozone standard; the designations and
classifications of the Southeast Desert
under the Clean Air Act (CAA or ‘‘Act’’)
for the 1-hour ozone standard; EPA’s
prior determination that the Southeast
Desert failed to attain the 1-hour ozone
standard by the 2007 applicable
attainment date based on 2005–2007
ozone data; and the recent request by
the State of California to make a finding
of attainment of the 1-hour ozone
standard for the Southeast Desert in
light of improved ozone conditions in
the area. See 79 FR 50574, at 50575. We
also described how we determine
whether an area’s air quality meets the
1-hour ozone standard; identified the
relevant air monitoring agencies in the
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Southeast Desert and their respective
ozone monitoring networks and
monitoring network plans; and
documented our previous review of the
networks and network plans, the
agencies’ annual certifications of
ambient air monitoring data, and our
determination of completeness for
2011–2013 data from the eight
monitoring sites within the Southeast
Desert. See 79 FR 50574, at 50576.
Please see our proposed rule for more
information concerning these topics.
Our proposed rule included a table of
‘‘expected exceedences’’ for the
Southeast Desert nonattainment area.
See 79 FR 50574, at 50577. As explained
in our proposed rule, an area is
considered to have attained the 1-hour
ozone standard if there are no violations
of the standard, in accordance with 40
CFR 50.9 and based on three
consecutive calendar years of complete,
quality-assured and certified monitoring
data. A violation occurs when the
‘‘expected number’’ of days per calendar
year with maximum hourly average
concentrations above 0.12 ppm is
greater than one (1.0) at any site in the
area, when averaged over three
consecutive calendar years.1 An
exceedance occurs when the maximum
hourly ozone concentration during any
day exceeds 0.124 ppm. For more
information, please see ‘‘National 1hour primary and secondary ambient air
quality standards for ozone’’ (40 CFR
50.9) and ‘‘Interpretation of the 1-Hour
Primary and Secondary National
Ambient Air Quality Standards for
Ozone’’ (40 CFR part 50, appendix H).
Based on our review of the monitoring
data, and taking into account the extent
and reliability of the applicable ozone
monitoring network, we proposed to
determine that the Southeast Desert has
attained the 1-hour ozone standard
based on complete, certified and
quality-assured data for the 2011–2013
period. In our proposed rule, we
indicated that we would review
preliminary data for 2014 prior to taking
final action. We have now done so and
find that preliminary data for 2014, from
January through December, for the
ozone monitoring sites in the Southeast
Desert are consistent with continued
attainment.
1 An ‘‘expected number’’ of exceedances is a
statistical term that refers to an arithmetic average.
An ‘‘expected number’’ of exceedances may be
equivalent to the number of observed exceedances
plus an increment that accounts for incomplete
sampling. See, 40 CFR part 50, appendix H.
Because, in this context, the term ‘‘exceedances’’
refers to days (during which the daily maximum
hourly ozone concentration exceeded 0.124 ppm),
the maximum possible number of exceedances in a
given year is 365 (or 366 in a leap year).
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[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20163-20166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08659]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0202]
RIN 1625-AA00
Safety Zone, Eastern Branch Elizabeth River; Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Eastern Branch of the Elizabeth River in support of the
Old Dominion University (ODU) versus University of Virginia (UVA)
Baseball Game fireworks event. This safety zone will restrict vessel
movement in the specified area during the fireworks display. This
action is necessary to provide for the safety of life and property on
the surrounding navigable waters during the fireworks display.
DATES: This rule is effective and enforced from 9:30 p.m. to 10:30 p.m.
on April 28, 2015.
[[Page 20164]]
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0202]. 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 written
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 due to the short time
period between event planners notifying the Coast Guard of details
concerning the event, on March 19, 2015, and publication of this safety
zone. As such, it is impracticable for the Coast Guard to provide a
full comment period due to lack of time. Furthermore, delaying the
effective date of this safety zone 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 waterway via marine information
broadcasts and local notice to mariners.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction on vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels,
and enhancing public and maritime safety.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to propose, establish, and define regulatory safety zones.
The purpose of this safety zone is to protect the event
participants, patrol vessels, spectator craft and other vessels
transiting navigable waters of the Eastern Branch of the Elizabeth
River from hazards associated with a fireworks display. The potential
hazards to mariners within the safety zone include accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris.
C. Discussion of the Final Rule
On April 28, 2015, the Harbor Park Stadium will be hosting the ODU
versus UVA baseball game which will include a fireworks display 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.
The Captain of the Port of Hampton Roads is establishing a safety
zone on specified waters of the Eastern Branch of the Elizabeth River
in Norfolk, VA. The fireworks will be launched from the shoreline of
the Eastern Branch of the Elizabeth River located behind the Harbor
Park Stadium. The safety zone will encompass all navigable waters
within a 210 foot radius of the fireworks launching location at
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. This safety zone will be
established and enforced from 9:30 p.m. to 10:30 p.m. on April 28,
2015. Access to the safety zone will be restricted during the specified
date and times. Except for participants and vessels authorized by the
Captain of the Port of his Representative, no person or vessel may
enter or remain in the regulated area.
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 to the affected segments of the public. This
includes publication in the Local Notice to Mariners and Marine
Information Broadcasts.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this safety
zone restricts vessel traffic through the regulated area, the effect of
this rule will not be significant because: (i) This rule will only be
enforced for the limited size and duration of the event; and (ii) the
Coast Guard will make extensive notification to the maritime community
via marine information broadcasts so mariners may 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. This rule affects the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in waters of the Eastern Branch of the Elizabeth
River during the enforcement period.
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 is of limited size and duration, and
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(ii) Sector Hampton Roads will issue maritime advisories widely
available to users of the Eastern Branch of the Elizabeth River
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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone.
This rule is categorically excluded from further review under paragraph
34-(g) of Figure 2-1 of the Commandant Instruction. 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0202 to read as follows:
Sec. 165.T05-0202 Safety Zone, Eastern Branch 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.
Participants mean individuals responsible for launching the fireworks.
(b) Locations. The following area is a safety zone:
(1) All waters of the Eastern Branch of the Elizabeth River within
a 210 foot radius of the fireworks display in 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, located near the Harbor Park Stadium, Norfolk,
Virginia.
(c) Regulations.
(1) All persons are required to comply with the general regulations
governing safety zones in Sec. 165.23 of this part.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by
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the Captain of the Port, Hampton Roads or his designated
representatives.
(3) All vessels underway within this safety zone at the time it is
implemented are to depart the zone immediately.
(4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number (757) 668-5555.
(5) The Coast Guard vessels enforcing the safety zone can be
contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(6) This section applies to all persons or vessels wishing to
transit through the safety zone except participants and vessels that
are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(d) Enforcement Period. This rule will be enforced from 9:30 p.m.
to 10:30 p.m. on April 28, 2015.
Dated: April 3, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-08659 Filed 4-14-15; 8:45 am]
BILLING CODE 9110-04-P
