[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34278-34280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12720]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0319]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Cape Charles, 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 Chesapeake Bay in Cape Charles, Virginia. This safety
zone will restrict vessel movement in the specified area during a
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 8 p.m. through 8:30
p.m. on July 2, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0319 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. 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 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 is impracticable, because information about
the fireworks on July 2, 2016 was not received by the Coast Guard with
sufficient time to allow for an opportunity to comment on the proposed
rule. Publishing an NPRM would also be contrary to the public interest
as immediate action is needed to ensure the safety of the fireworks
participants, patrol vessels, and other vessels transiting the
fireworks display area. The Coast Guard will provide advance
notifications to users of the affected waterway via marine information
broadcasts and local notice to mariners. For the same reasons, we find
good cause, under 5 U.S.C. 553(d)(3), for making this rule effective
less than 30 days after publication in the Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Hampton Roads (COTP) has determine that
potential hazards associated with the fireworks display starting on
July 2, 2016 will be a safety concern for anyone within a 420-foot
radius of the fireworks barge. This rule is needed to protect the
participants, patrol vessels, and other vessels transiting the
navigable waters of the Chesapeake Bay, in the vicinity of the Sunset
Beach Resort in Cape Charles, VA 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.
IV. Discussion of the Rule
The Captain of the Port of Hampton Roads is establishing a safety
zone on the Chesapeake Bay, in the vicinity of the Sunset Beach Resort,
in Cape Charles, VA. The safety zone will encompass all navigable
waters within a 420 foot radius of the fireworks display barge
location. This safety zone still allows for navigation on the waterway.
This safety zone will be effective and enforced from 8 p.m. through
8:30 p.m. on July 2, 2016. Access to the safety zone will be restricted
during the effective period. Except for participants and vessels
authorized by the Captain of the Port or 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
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.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 34279]]
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.
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
contact 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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 less than 2 hours that will
prohibit entry within 420 feet of the fireworks display. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. 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.
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.T05-0319 to read as follows:
Sec. 165.T05-0319 Safety Zone, Chesapeake Bay; Cape Charles, 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 and vessels involved in explosives
training.
(b) Locations. The following area is a safety zone:
(1) All waters in the vicinity of the of the Sunset Beach Resort,
on the Chesapeake Bay, within a 420 foot radius of the fireworks
display barge in approximate position 37[deg]08'12'' N.,
075[deg]58'34'' W. (NAD 1983).
(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 contacted at telephone number (757) 668-5555.
(5) The Coast Guard and designated security 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
[[Page 34280]]
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 section will be enforced from 8 p.m.
through 8:30 p.m. on July 2, 2016.
Dated: May 17, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-12720 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P