[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35926-35928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14348]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0065]
RIN 1625-AA00


Safety Zone: Stars and Stripes Fourth of July Fireworks Event, 
Nansemond River, Suffolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Nansemond 
River in Suffolk, VA in support of the Stars and Stripes Fourth of July 
Fireworks event. This action is intended to restrict vessel traffic 
movement on the Nansemond River to protect mariners from the hazards 
associated with fireworks displays.

DATES: This rule is effective from 9 p.m. until 10 p.m. on July 4, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0065 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying in two locations: 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; and 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call LT Bill Clark, Chief Waterways Management 
Division, Sector Hampton Roads at (757) 668-5580. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 31, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Stars and Stripes Fourth of July Fireworks 
Event, Nansemond River, Suffolk, VA in the Federal Register (73 FR 
16809). We received no comments on the proposed rule. No public meeting 
was requested, and none was held.
    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 of this rule would be contrary to 
public interest since immediate action is needed to provide for the 
safety of life and property on navigable waters. Additionally, this 
temporary safety zone will only be enforced for a limited time and is 
of a limited size, the zone should have minimal impact on the public 
due to the fact that vessels can safely transit through the zone when 
authorized by the Captain of the Port or his Representative, the public 
is not precluded from using any portion of the waterway except the 
safety zone area itself.

Background and Purpose

    On July 04, 2008, Suffolk Parks and Recreation will sponsor a 
fireworks display along the shoreline in position 36[deg]44'27.3''N/
76[deg]34'42'' W (NAD 1983). Due to the need to protect the maritime 
public from the hazards associated with the fireworks display, access 
will be temporarily restricted within 600 feet of the fireworks launch 
site.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Nansemond River in the vicinity of Constant's Wharf in Suffolk, 
VA. This safety zone will encompass all navigable waters within 600 
feet of the fireworks barge located in position 36[deg]-44'-27.3''N/
076[deg]-34'-42'' W (NAD 1983). This regulated area will be established 
in the interest of public safety during the Stars and Stripes 
spectacular event and will be enforced from 9 p.m. to 10 p.m. on July 
04, 2008. Access within the safety zone will be restricted during the 
specified date and times. Except for those authorized by the Coast 
Guard Captain of the Port or his representative, no person or vessel 
may enter or remain in the regulated area.

Discussion of Comments and Changes

    No comments were received for this proposed rule. Two changes were 
made from the original proposal. These changes reduce the time that 
this regulated area will be enforced by three hours and expands the 
size of the zone by 100 feet.

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; and (iii) the Coast Guard will make 
notifications via maritime

[[Page 35927]]

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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the specified zone area during the enforcement period.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities because the zone will only be 
enforced for limited times and is of limited size. Additionally, vessel 
traffic can pass safely around the zone. Before the effective period, 
maritime advisories will be issued and made widely available to 
waterway users.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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 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 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.
    A final environmental analysis checklist and a final categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

 List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 35928]]

requirements, Security measures, and 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, 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.T05-0065, to read as follows:


Sec.  165.T05-0065  Safety Zone: Stars and Stripes Fourth of July 
Fireworks Event, Nansemond River, Suffolk, VA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Nansemond River, located within 600 feet of position 
36[deg]-44'-27.3'' N/076[deg]-34'-42'' W (NAD 1983) in the vicinity of 
Constant's Wharf, Suffolk, VA in the Captain of the Port Sector Hampton 
Roads zone as defined in 33 CFR 3.25-10.
    (b) Definition:
    (1) As used in 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 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 Captain of the Port Representative 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) Effective Period: This regulation will be effective from 9 p.m. 
to 10 p.m. on July 4, 2008.

    Dated: June 13, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-14348 Filed 6-24-08; 8:45 am]
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