Safety Zone, Southern Branch Elizabeth River; Chesapeake, VA, 23711-23713 [2015-10018]
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Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
airways, the Helena, MT, and the Billings,
MT, Class E airspace areas.
Lists of Subjects in 14 CFR Part 71:
Airspace, Incorporation by reference,
Navigation (air).
Coast Guard
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
[Docket Number USCG–2015–0117]
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
Authority: 49 U.S. C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting
Points, dated August 6, 2014, effective
September 15, 2014, is amended as
follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 feet or More
Above the Surface of the Earth.
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*
*
*
*
*
ANM MT E5 Livingston, MT [Modified]
Livingston, Mission Field Airport, MT
(Lat. 45°41′58″ N., long. 110°26′53″ W.)
That airspace extending upward from 700
feet above the surface within a 4.2-mile
radius of Mission Field Airport, and that
airspace bounded by a line beginning at lat.
45°40′30″ N., long. 110°15′20″ W.; to lat.
45°47′30″ N., long. 110°15′30″ W.; to lat.
45°47′30″ N., long. 110°23′00″ W.; to lat.
46°02′20″ N., long. 110°31′00″ W.; to lat.
45°58′00″ N., long. 110°47′15″ W.; to lat.
45°38′45″ N., long. 110°37′00″ W.; thence to
point of beginning, and that airspace
extending upward from 1,200 feet above the
surface within an area bounded by a line
beginning at lat. 46°16′00″ N., long
112°00′00″ W.; to lat. 46°37′00″ N., long.
111°30′00″ W.; to lat. 46°37′00″ N., long.
110°43′00″ W.; to lat. 46°00′00″ N., long.
110°29′00″ W.; to lat. 46°00′00″ N., long.
109°30′00″ W.; to lat. 45°30′00″ N., long.
109°30′00″ W.; to lat. 45°30′00″ N., long.
112°00′00″ W.; thence to point of beginning;
excluding that airspace within Federal
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BILLING CODE 4910–14–P
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
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
RIN 1625–AA00
Safety Zone, Southern Branch
Elizabeth River; Chesapeake, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the Southern Branch
of the Elizabeth River in support of the
Elizabeth River Park Grand Re-opening
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 from April
29, 2015 through May 30, 2015 and
enforced from 8:30 p.m. to 9 p.m. on
May 30, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0117]. 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
SUMMARY:
1. The authority citation for Part 71
continues to read as follows:
■
§ 71.1
Issued in Seattle, Washington, on April 21,
2015.
Christopher Ramirez,
Acting Manager, Operations Support Group
Western Service Center, AJV–W2.
23711
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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 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 24, 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, 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.
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Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
The purpose of this safety zone is to
protect event participants, patrol
vessels, spectator craft and other vessels
transiting navigable waters on the
Southern 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 May 30, 2015, the City of
Chesapeake Parks, Recreation and
Tourism will be hosting the Elizabeth
River Park Grand Re-opening which will
include a fireworks display on the bank
of the Southern Branch of the Elizabeth
River in Chesapeake, VA. The fireworks
debris fallout area will extend over the
navigable waters of the Southern Branch
of the Elizabeth River.
The Captain of the Port of Hampton
Roads is establishing a safety zone on
specified waters of the Southern Branch
of the Elizabeth River in Chesapeake,
VA. The fireworks will be launched
from the shore located in the Elizabeth
River Park. The safety zone will
encompass all navigable waters within a
140 foot radius of the fireworks
launching location at position
36°48′31.0818″ N, longitude
076°17′14.2506″ W. This safety zone
will be established and enforced from
8:30 p.m. to 9 p.m. on May 30, 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.
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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
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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 Southern 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
(ii) Sector Hampton Roads will issue
maritime advisories widely available to
users of the Southern 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
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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 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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
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
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Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations
23713
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(d) Enforcement periods. This rule
will be enforced from 8:30 p.m. to 9
p.m. on May 30, 2015.
10. Protection of Children
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Dated: April 17, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
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 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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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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.T05–0117 to read as
follows:
■
11. Indian Tribal Governments
List of Subjects in 33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
■
165.T05–0117 Safety Zone, Southern
Branch Elizabeth River; Chesapeake, VA.
(a) Definitions. For the purposes of
this section:
Captain of the Port means the
Commander, Sector Hampton Roads.
Participants mean individuals
responsible for launching the fireworks.
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) Locations. The following area is a
safety zone:
(1) All waters of the Southern Branch
of the Elizabeth River within a 140 foot
radius of the fireworks display in
approximate position 36°48′31.0818″ N,
076°17′14.2506″ W, located near the
Elizabeth River Park, Chesapeake,
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
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
reached 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.
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[FR Doc. 2015–10018 Filed 4–28–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0969; FRL–9926–81–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Infrastructure SIP Requirements for
the 2008 Ozone National Ambient Air
Quality Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of a state
implementation plan (SIP) submission
by Indiana regarding the infrastructure
requirements of sections 110(a)(1) and
(2) of the Clean Air Act (CAA) for the
2008 ozone national ambient air quality
standards (NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. The
proposed rulemaking associated with
this final action was published on
August 19, 2013, and EPA received two
comment letters during the comment
period, which ended on September 18,
2013. The concerns raised in these
letters, as well as EPA’s responses, will
be addressed in this final action.
DATES: This final rule is effective on
May 29, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0969. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly-available only in hard
copy. Publicly-available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the U.S. Environmental
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Rules and Regulations]
[Pages 23711-23713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10018]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0117]
RIN 1625-AA00
Safety Zone, Southern Branch Elizabeth River; Chesapeake, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Southern Branch of the Elizabeth River in support of the
Elizabeth River Park Grand Re-opening 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 from April 29, 2015 through May 30, 2015
and enforced from 8:30 p.m. to 9 p.m. on May 30, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0117]. 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 24, 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, 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.
[[Page 23712]]
The purpose of this safety zone is to protect event participants,
patrol vessels, spectator craft and other vessels transiting navigable
waters on the Southern 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 May 30, 2015, the City of Chesapeake Parks, Recreation and
Tourism will be hosting the Elizabeth River Park Grand Re-opening which
will include a fireworks display on the bank of the Southern Branch of
the Elizabeth River in Chesapeake, VA. The fireworks debris fallout
area will extend over the navigable waters of the Southern Branch of
the Elizabeth River.
The Captain of the Port of Hampton Roads is establishing a safety
zone on specified waters of the Southern Branch of the Elizabeth River
in Chesapeake, VA. The fireworks will be launched from the shore
located in the Elizabeth River Park. The safety zone will encompass all
navigable waters within a 140 foot radius of the fireworks launching
location at position 36[deg]48'31.0818'' N, longitude
076[deg]17'14.2506'' W. This safety zone will be established and
enforced from 8:30 p.m. to 9 p.m. on May 30, 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 Southern 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 (ii) Sector Hampton
Roads will issue maritime advisories widely available to users of the
Southern 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires 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
[[Page 23713]]
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.T05-0117 to read as follows:
165.T05-0117 Safety Zone, Southern Branch Elizabeth River; Chesapeake,
VA.
(a) Definitions. For the purposes of this section:
Captain of the Port means the Commander, Sector Hampton Roads.
Participants mean individuals responsible for launching the
fireworks.
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) Locations. The following area is a safety zone:
(1) All waters of the Southern Branch of the Elizabeth River within
a 140 foot radius of the fireworks display in approximate position
36[deg]48'31.0818'' N, 076[deg]17'14.2506'' W, located near the
Elizabeth River Park, Chesapeake, 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 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 reached 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 periods. This rule will be enforced from 8:30 p.m.
to 9 p.m. on May 30, 2015.
Dated: April 17, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-10018 Filed 4-28-15; 8:45 am]
BILLING CODE 9110-04-P
