[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Proposed Rules]
[Pages 12289-12292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6428]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0018]
RIN 1625-AA00
Safety Zone: Hampton Roads Air Show, Back River, Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing a safety zone on the
Back
[[Page 12290]]
River in the vicinity of Hampton, VA during the Hampton Roads Air Show.
This action is intended to restrict vessel traffic movement in the
vicinity of Willoughby Point, VA to protect mariners from the hazards
associated with air show events. We propose enforcement of this safety
zone from 5 p.m. to 9 p.m. on April 24, 2009, and daily from 9 a.m. to
5 p.m. on April 25, and April 26, 2009.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 14,
2009 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0018 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Tiffany Duffy, Chief, Waterways Management
Division, Sector Hampton Roads at (757) 668-5580. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0018), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0018'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0018 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either 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; or the Commander,
Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th
Floor between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Coast Guard Sector Hampton Roads has been notified that Langley Air
Force Base will host an air show event in the vicinity of Willoughby
Point, VA immediately above the Back River, Hampton, VA. The event is
scheduled to take place April 24, 2009 through April 26, 2009. In
recent years, there have been unfortunate instances of jets and planes
crashing during performances at air shows. Along with the jet or plane
crash, there is typically a wide area of scattered debris that also
damages property and could cause significant injury or death to
mariners observing the air show. Due to the need to protect mariners
transiting on the Back River immediately below the Air Show from the
hazards associated with a potential jet or plane crash, the Coast Guard
proposes that a safety zone bound by the following coordinates be
established: 37[deg]05'35'' N/076[deg]20'47'' W; thence to
37[deg]05'43'' N/076[deg]20'14'' W; thence to 37[deg]05'19'' N/
076[deg]20'02'' W; thence to 37[deg]05'12'' N/076[deg]20'18'' W (NAD
1983). Access to this area will be temporarily restricted for public
safety purposes.
Discussion of Proposed Rule
The Coast Guard proposes establishing a safety zone on specified
waters of the Back River bound by the following coordinates:
37[deg]05'35'' N/076[deg]20'47'' W; thence to 37[deg]05'43'' N/
076[deg]20'14'' W; thence to 37[deg]05'19'' N/076[deg]20'02'' W; thence
to 37[deg]05'12'' N/076[deg]20'18'' W (NAD 1983), in the vicinity of
Willoughby Point on the Back River, Hampton, Virginia. This safety zone
is proposed in the interest of public safety during the Hampton Roads
Air Show and will be enforced from 5 p.m. to 10 p.m. on April 24, 2009
and from 9 a.m to 5 p.m daily on April 25, 2009 and April 26, 2009.
Access to the safety zone will be restricted during the specified date
and times. Except for vessels authorized by the Captain of the Port or
his Representative, no person or vessel may enter or remain in the
safety zone.
[[Page 12291]]
Regulatory Analyses
We developed this proposed 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 proposed 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 proposed
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; and (iii) 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone will only be in place for a limited duration. Before the
effective period of April 24, 2009 to April 26, 2009, 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Tiffany Duffy, Chief,
Waterways Management Division, Sector Hampton Roads at (757) 668-5580.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 12292]]
Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 0023.1 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 made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from
further environmental documentation. This proposed rule involves a
temporary safety zone that will be in effect for less than one week. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. We
seek any comments or information that may lead to discovery of a
significant environmental impact from this proposed rule'').
List of Subjects 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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-0018 to read as follows:
165.T05-0018 Safety Zone: Hampton Roads Air Show, Back River, Hampton,
VA
(a) Regulated Area. The following area is a safety zone: All waters
in the vicinity of Willoughby Point on Back River within the area
bounded by coordinates 37[deg]05'35'' N / 076[deg]20'47'' W, thence to
37[deg]05'43'' N / 076[deg]20'14'' W, thence to 37[deg]05'19'' N /
076[deg]20'02'' W, thence to 37[deg]05'12'' N / 076[deg]20'18'' W. (NAD
1983), in Hampton, VA.
(b) Definition: For the purposes of this part, 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) Regulations: (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 shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number (757) 668-5555.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period: This regulation will be enforced from 5
p.m. to 9 p.m. on April 24, 2009 and 9 a.m. to 5 p.m. daily on April
25, 2009 and April 26, 2009.
Dated: January 30, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E9-6428 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-15-P