[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30020-30023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12677]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0390]
RIN 1625-AA00
Safety Zone; Wicomico Community Fireworks, Great Wicomico River,
Mila, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Great Wicomico River in the vicinity of Mila, VA in support of the
Wicomico Community Fireworks event. This action is necessary to provide
for the safety of life on navigable waters during the Wicomico
Community Fireworks. This action is intended to restrict vessel traffic
movement on the Great Wicomico River to protect mariners from the
hazards associated with fireworks displays.
[[Page 30021]]
DATES: This rule is effective from 9 p.m. on July 2, 2011, until 10
p.m. on July 3, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0390 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0390 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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 rule, call or e-mail CWO Carlos Hernandez, Waterways
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone
757-668-5583, e-mail [email protected]. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters.
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 would
be contrary to the public interest since immediate action is needed to
ensure the safety of the event participants, spectator craft, and other
vessels transiting the event area.
Background and Purpose
On July 2, 2011 the Wicomico Church will sponsor a fireworks
display on the Great Wicomico River at position 37[deg]50'31'' N/
076[deg]19'42'' W (NAD 1983). Due to the need to protect mariners and
spectators from the hazards associated with the fireworks display,
access to the Great Wicomico River within 420 feet of the fireworks
launching platform will be temporarily restricted.
Discussion of Rule
The Coast Guard is establishing a safety zone on specified waters
of the Great Wicomico River in the vicinity of Mila, Virginia. The
fireworks will be launched from land adjacent to the Great Wicomico
River and the safety zone is intended to protect mariners from any fall
out that may enter the water. This safety zone will encompass all
navigable waters within 420 feet of the fireworks launching platform
located at position 37[deg]50'31'' N/076[deg]19'42'' W (NAD 1983). This
safety zone will be established in the interest of public safety during
the Wicomico Community Fireworks event and will be enforced from 9 p.m.
until 10 p.m. on July 2, 2011, with a rain date of 9 p.m. until 10 p.m.
on July 3, 2011. Access to the safety zone will be restricted during
the specified date and times. Except for individuals responsible for
launching the fireworks and vessels authorized by the Captain of the
Port or his Representative, no person or vessel may enter or remain in
the regulated area.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration;
(ii) the zone is of limited size; (iii) mariners may transit the waters
in and around this safety zone at the discretion of the Captain of the
Port or designated representative; and (iv), the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
The rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in that portion of the Great Wicomico River from 9
p.m. until 10 p.m. on July 2, 2011, with a rain date of 9 p.m. until 10
p.m. on July 3, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration. (ii) Before
the enforcement period of July 2, 2011, maritime advisories will be
issued allowing mariners to adjust their plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
[[Page 30022]]
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Temporary Sec. 165.T05-0390, to read as follows:
Sec. 165.T05-0390 Safety Zone; Wicomico Community Fireworks, Great
Wicomico River, Mila, VA.
(a) Regulated Area. The following area is a safety zone: specified
waters of the Great Wicomico River located within a 420 foot radius of
the fireworks display at approximate position 37[deg]50'31'' N/
076[deg]19'42'' W (NAD 1983) in Mila, VA.
(b) Definition: For purposes of enforcement of this section,
Captain of the Port Representative means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port, Hampton Roads, Virginia to act on his behalf.
(c) Regulation:
(1) In accordance with the general regulations in 165.23 of this
part, entry into this zone is prohibited unless authorized by the
Captain of the Port, Hampton Roads or his designated representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
U.S. Coast Guard Ensign; and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton Roads, Virginia can be
contacted at telephone number (757) 638-6637.
(4) U.S. Coast Guard vessels enforcing the safety zone can be
contacted on VHF-FM marine band radio, channel 13 (156.65 MHz) and
channel 16 (156.8 MHz).
(d) Enforcement period: This regulation will be enforced from 9
p.m.
[[Page 30023]]
until 10 p.m. on July 2, 2011, with a rain date of 9 p.m. until 10 p.m.
on July 3, 2011.
Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2011-12677 Filed 5-23-11; 8:45 am]
BILLING CODE 9110-04-P