[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Rules and Regulations]
[Pages 16726-16728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CCGD05-07-023]
RIN 1625-AA00


Safety Zone: Willoughby Point Located on Langley Air Force Base, 
Back River, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
support of the Langley Air Force Base Air Show event occurring on April 
27, 28 and 29, 2007 on the Back River in the vicinity of Willoughby 
Point in Hampton, VA. This action is intended to restrict vessel 
traffic on Back River as necessary to protect mariners from the hazards 
associated with the air show.

DATES: This rule is effective from 2 p.m. on April 27, 2007 until 4:30 
p.m. on April 29, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-023 and are available for 
inspection or copying at the 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.

[[Page 16727]]

Sector Hampton Roads maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at the Norfolk Federal Building 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 in the Federal Register. This 
safety zone of short duration is needed to provide for the safety of 
persons and vessels in the vicinity of the Air Show. Immediate action 
is needed to protect mariners and vessels transiting the area from the 
hazards associated with the airplanes flying overhead. However, advance 
notifications will be made via maritime advisories so mariners can 
adjust their plans accordingly.

Background and Purpose

    On April 27, 28 and 29, 2007, the Langley Air Force Base Air Show 
event will be held on Back River in the vicinity of Willoughby Point in 
Hampton, VA. Due to the need to protect mariners and spectators from 
the hazards associated with the air show, vessel traffic will be 
temporarily restricted and no vessels may anchor within the following 
area described below.

Discussion of Rule

    The Coast Guard is establishing a safety zone that encompasses all 
waters within the following area 37[deg]-05'-35'' N / 076[deg]-20'-47'' 
W, 37[deg]-05'-46'' N / 076[deg]-20'-04'' W, 37[deg]-05'-12'' N / 
076[deg]-19'-59'' W, 37[deg]-05'-12'' N / 076[deg]-20'-18'' W in the 
vicinity of the Willoughby Point in Hampton, VA. This regulated area 
will be established in the interest of public safety during the Langley 
Air Force Base Air Show event and will be enforced from 2 p.m. to 4:30 
p.m. on April 27, 28 and 29, 2007.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation restricts access to the regulated area, 
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 will 
not have a significant economic impact on a substantial number of small 
entities because the zone will be in place for a limited duration of 
time 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 Back River from 2 p.m. to 4:30 p.m. on April 27, 28 and 29, 2007.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 Junior Grade TaQuitia 
Winn, Assistant 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 rule or any policy or action of the 
Coast Guard.
    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.

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.

[[Page 16728]]

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 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. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. An ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting & Record 
Keeping Requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 165 Subpart C 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.T05-023, to read as follows:


Sec.  165.T05-023  Safety Zone: Langley Air Force Base Air Show, 
Willoughby Point, Hampton, VA.

    (a) Location. The following area is a safety zone: All waters 
within the following area of the Back River in the vicinity of 
Willoughby Point in Hampton, VA, encompassed by a line connecting in 
37[deg]-05'-35'' N / 076[deg]-20'-47'' W, 37[deg]-05'-46'' N / 
076[deg]-20'-04'' W, 37[deg]-05'-12'' N / 076[deg]-19'-59'' W, 37[deg]-
05'-12'' N / 076[deg]-20'-18'' W.
    (b) Definition. As used in this section: Designated Representative 
means Any U.S. Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port, Hampton Roads, VA, to 
act on his behalf.
    (c) Regulation. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone as described in paragraph (a) 
of this section is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.
    (2) The operator of any vessel in the safety zone must: (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, VA, can be contacted at 
telephone number (757) 668-5555 or (757) 484-8192.
    (4) The Captain of the Port or his designated representatives 
enforcing the safety zone can be contacted on VHF-FM 13 and 16.
    (d) Effective period. This regulation is effective from 2 p.m. on 
April 27, 2007, until 4:30 p.m. on April 29, 2007.
    (e) Enforcement period. This regulation will be enforced from 2 
p.m. to 4:30 p.m. on April 27, 28, and 29, 2007.

    Dated: March 19, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard Captain of the Port, Hampton Roads.
[FR Doc. E7-6262 Filed 4-4-07; 8:45 am]
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