[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15837-15838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6158]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CCGD05-07-024]
RIN 1625-AA00


Safety Zone: Celebration 2007, Appomattox River, Hopewell, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 600 foot radius safety zone 
in the vicinity of Hopewell, VA centered on position 37[deg]-19'-11'' 
N/077[deg]-16'-55'' W on May 12, 2007 in support of the Celebration 
2007 event. This action is intended to restrict vessel traffic movement 
on the Appomattox River to protect mariners from the hazards associated 
with fireworks displays.

DATES: This rule is effective from 8:30 p.m. to 9:30 p.m. on May 12, 
2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD05-07-024] and are available for 
inspection or copying at Coast Guard Sector Hampton Roads, Norfolk 
Federal Building, 200 Granby St., 7th Floor, Norfolk, VA 23510 between 
9 a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade TaQuitia Winn, 
Assistant Chief, Waterways Management Division, Sector Hampton Roads at 
(757) 668-5580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Insufficient time existed for 
publication of an NPRM and a final rule. Delaying this rule would be 
contrary to the public interest since immediate action is needed to 
minimize potential danger to the public during the fireworks 
demonstration.

Background and Purpose

    On May 12, 2007, the city of Hopewell, VA will sponsor a fireworks 
display on the Appomattox River at position 37[deg]-19'-11'' N/
077[deg]-16'-55'' W. Due to the need to protect mariners and spectators 
from the hazards associated with the fireworks display, vessel traffic 
will be temporarily restricted within a 600 foot radius of the 
fireworks barge.

Discussion of Rule

    The Coast Guard is establishing a 600 foot radius safety zone on 
specified waters of the Appomattox River around the fireworks barge, 
centered on position 37[deg]-19'-11'' N/077[deg]-16'-55'' W in the 
vicinity of City Point, Hopewell, VA. This safety zone will be 
established in the interest of public safety during the Celebration 
2007 event and will be enforced from 8:30 p.m. to 9:30 p.m. on May 12, 
2007. General navigation within the safety zone will be restricted 
during the specified date and times. Except for participants and 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area.

Regulatory Evaluation

    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; 
and (ii) 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 
would not have a significant economic impact on a substantial number of 
small entities because the zone will only be in place for a limited 
duration and maritime advisories will be issued allowing the mariners 
to adjust their plans accordingly. However, this rule may affect the 
following entities, some of which may be small entities: The owners and 
operators of vessels intending to transit or anchor in that portion of 
the Appomattox River subject to this rule from 8:30 p.m. to 9:30 p.m. 
on May 12, 2007.
    If you think 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 Junior Grade TaQuitia Winn, Assistant Chief, Waterways 
Management Division, Sector Hampton Roads at (757) 668-5580.

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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking.
    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 action 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.

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

[[Page 15838]]

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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. This rule 
is categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation because it 
establishes a safety zone. A final ``Environmental Analysis Check 
List'' and a final ``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, Waterways.


0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T05-024, to read as follows:


Sec.  165.T05-024  Safety Zone: Celebration 2007, Appomattox River, 
Hopewell, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Appomattox River, from bottom to surface, located within 600 feet 
of position 37[deg]-19'-11'' N/077[deg]-16'-55'' W in the vicinity of 
City Point, Hopewell, VA.
    (b) Definition. 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 
Sec.  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 and the Sector Duty 
Officer at Sector Hampton Roads in Portsmouth, Virginia can be 
contacted at telephone number (757) 668-5555 or (757) 484-8192.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM 13 and 16.
    (d) Effective date: This regulation is effective from 8:30 p.m. to 
9:30 p.m. on May 12, 2007.

    Dated: March 21, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E7-6158 Filed 4-2-07; 8:45 am]
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