Safety Zone; Fireworks Display; James River, Newport News, VA, 32108-32110 [2023-10676]
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32108
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
prohibited unless specifically
authorized by the COTP or a designated
representative. Persons or vessels
desiring to enter into or pass through
the zone must request permission from
the COTP or a designated
representative. They may be contacted
on VHF–FM radio channel 16 or phone
at 1–800–253–4765.
(2) Persons and vessels permitted to
enter the safety zone listed in paragraph
(a) of this section must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(d) Enforcement period. This section
will be enforced May 1, 2023, through
May 19, 2023, unless an earlier end is
announced by broadcast notice to
mariners.
Dated: May 15, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2023–10766 Filed 5–18–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2023–0127]
RIN 1625–AA00
Safety Zone; Fireworks Display; James
River, Newport News, VA
The Coast Guard is
establishing a safety zone for navigable
waters within a 400-yard radius of a
fireworks barge in the James River,
Newport News, VA. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
launching of fireworks. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port (COTP) Sector
Virginia.
SUMMARY:
This rule is effective June 20,
ddrumheller on DSK120RN23PROD with RULES1
2023.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0127 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
VerDate Sep<11>2014
16:30 May 18, 2023
Jkt 259001
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On January 12, 2023, the City of
Newport News notified the Coast Guard
that they will be conducting fireworks
display annually on July 4th from 9 p.m.
to 9:30 p.m. each year, to commemorate
Independence Day. The fireworks are to
be launched from a barge at position
36°58′28.72″ N, 076°26′20.97″ W in the
James River in Newport News, VA. In
response, on March 21, 2023, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Fireworks Display; James River,
Newport News, VA’’ [88 FR 16922; FR
2023–05669]. There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
April 20, 2023, two comments were
received.
III. Legal Authority and Need for Rule
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
DATES:
If
you have questions on this rule, call or
email LCDR Ashley Holm, Chief,
Waterways Management Division,
Sector Virginia, U.S. Coast Guard;
telephone 757–668–5580 email
Ashley.E.Holm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Virginia
(COTP) has determined that potential
hazards associated with the fireworks to
be used in this 4th of July fireworks
display will be a safety concern for
anyone within a 400-yard radius of the
barge. The purpose of this rule is to
ensure safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
comments on our NPRM published
March 21, 2023. Both comments were in
support of the regulation. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
annually on July 4th from 9 to 9:30 p.m.
each year. The safety zone would cover
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Fmt 4700
Sfmt 4700
all navigable waters within 400 yards of
the fireworks barge located at position
36°58′28.72″ N, 076°26′20.97″ W in the
James River in Newport News, VA. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the fireworks display. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the James River for less than 1 hour
during the evening when vessel traffic is
normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 received no comments
from the Small Business Administration
on this rulemaking. 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.
E:\FR\FM\19MYR1.SGM
19MYR1
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 a safety
zone lasting only 30 minutes that will
32109
prohibit entry within 400 yards of the
fireworks barge. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. In § 165.506, amend table 3 to
paragraph (h)(3) by adding entry 14 to
read as follows:
■
§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
*
*
*
(h) * * *
(3) * * *
*
*
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TABLE 3 TO PARAGRAPH (h)(3)
No.
Enforcement
period(s)
Location
Safety zone—regulated area
*
14 ................
*
July 4th .............
*
James River, Newport
News, VA; Safety Zone.
*
*
*
*
All waters of the James River, within a 400-yard radius around position
36°58′28.72″ N, 076°26′20.97″ W.
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16:30 May 18, 2023
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32110
*
*
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Rules and Regulations
*
*
*
Dated: May 12, 2023.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Virginia.
[FR Doc. 2023–10676 Filed 5–18–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0354]
RIN 1625–AA00
Safety Zone; Kanawha River, Nitro, WV
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a safety zone for all
navigable waters of the Kanawha River
between mile markers 43 and 44. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from the potential hazards
created by a fireworks display. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by Captain of the Port
Marine Safety Unit Huntington.
DATES: This rule is effective from 9 p.m.
through 10 p.m. on May 27, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0354 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Chelsea Zimmerman,
Marine Safety Unit Huntington, U.S.
Coast Guard; (304) 733–0198,
Chelsea.M.Zimmerman@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
VerDate Sep<11>2014
16:30 May 18, 2023
Jkt 259001
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 we
must establish the safety zone by May
27, 2023, and lack sufficient time to
request public comments and respond
to these comments before the safety
zone must be established. Waiting for a
full comment period to run would
inhibit the Coast Guard’s ability to keep
the public safe from the hazards
associated with a fireworks display and
the ability to minimize the impact to
vessel traffic on the navigable waterway.
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. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the Nitro
Memorial Day Celebration taking place
on the Kanawha River between mile
marker 43 and mile marker 44.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Ohio Valley (COTP)
has determined that potential hazards
associated with Nitro Memorial Day
Celebration starting May 27, 2023, will
be a safety concern for anyone on the
Kanawha River from mile marker 43 to
mile marker 44. This rule is needed to
protect personnel, vessels, and the
marine environment from potential
hazards associated with a fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. through 10 p.m. on May 27,
2023. The safety zone will cover all
navigable waters between mile markers
43 and 44 on the Kanawha River. The
duration of the safety zone is intended
to protect personnel, vessels, and the
marine environment from potential
hazards created by a fireworks display.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
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Sfmt 4700
the COTP. To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through Marine Safety Unit
Huntington at 304–563–9084. Persons
and vessels permitted to enter the safety
zone must comply with all lawful orders
or directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. This safety
zone impacts a 1-mile stretch of the
Kanawha River for a limited duration of
less than 2 hours. Vessel traffic will be
informed about the safety zone through
local notices to mariners. Moreover, the
Coast Guard will issue Broadcast
Notices to Mariners via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
transit the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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
E:\FR\FM\19MYR1.SGM
19MYR1
]]>Agencies
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32108-32110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10676]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0127]
RIN 1625-AA00
Safety Zone; Fireworks Display; James River, Newport News, VA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for navigable
waters within a 400-yard radius of a fireworks barge in the James
River, Newport News, VA. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the launching of fireworks. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port (COTP) Sector Virginia.
DATES: This rule is effective June 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0127 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Chief, Waterways Management Division,
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580 email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 12, 2023, the City of Newport News notified the Coast
Guard that they will be conducting fireworks display annually on July
4th from 9 p.m. to 9:30 p.m. each year, to commemorate Independence
Day. The fireworks are to be launched from a barge at position
36[deg]58'28.72'' N, 076[deg]26'20.97'' W in the James River in Newport
News, VA. In response, on March 21, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Fireworks
Display; James River, Newport News, VA'' [88 FR 16922; FR 2023-05669].
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this fireworks display. During
the comment period that ended April 20, 2023, two comments were
received.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Virginia (COTP) has determined that potential hazards associated with
the fireworks to be used in this 4th of July fireworks display will be
a safety concern for anyone within a 400-yard radius of the barge. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published
March 21, 2023. Both comments were in support of the regulation. There
are no changes in the regulatory text of this rule from the proposed
rule in the NPRM.
This rule establishes a safety zone annually on July 4th from 9 to
9:30 p.m. each year. The safety zone would cover all navigable waters
within 400 yards of the fireworks barge located at position
36[deg]58'28.72'' N, 076[deg]26'20.97'' W in the James River in Newport
News, VA. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
fireworks display. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the James River for less than 1 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business
Administration on this rulemaking. 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.
[[Page 32109]]
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 a
safety zone lasting only 30 minutes that will prohibit entry within 400
yards of the fireworks barge. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.506, amend table 3 to paragraph (h)(3) by adding entry
14 to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
(h) * * *
(3) * * *
Table 3 to Paragraph (h)(3)
------------------------------------------------------------------------
Safety zone--
No. Enforcement Location regulated area
period(s)
------------------------------------------------------------------------
* * * * * * *
14.............. July 4th............ James River, All waters of
Newport News, the James
VA; Safety River, within
Zone. a 400-yard
radius around
position
36[deg]58'28.7
2'' N,
076[deg]26'20.
97'' W.
------------------------------------------------------------------------
[[Page 32110]]
* * * * *
Dated: May 12, 2023.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2023-10676 Filed 5-18-23; 8:45 am]
BILLING CODE 9110-04-P
