[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35930-35932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14365]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0472]
RIN 1625-AA00


Safety Zone: Fourth of July Fireworks Event, Pagan River, 
Smithfield, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 420 foot radius safety zone 
on the Pagan River in Smithfield, VA in support of the Fourth of July 
Fireworks event. This action is intended to restrict vessel traffic 
movement to protect mariners from the hazards associated with fireworks 
displays.

DATES: This rule is effective from 9 p.m. to 10 p.m. on July 3, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0472 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

    The Coast Guard is issuing this temporary final 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

[[Page 35931]]

good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because any delay encountered in this 
regulation's effective date by publishing a NPRM 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 1 hour on July 03, 2008 
and should have minimal impact on vessel transits due to the fact that 
vessels can safely transit through the zone when authorized by the 
Captain of the Port or his Representative and that they are not 
precluded from using any portion of the waterway except the safety zone 
area itself. For the same reasons above, 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.

Background and Purpose

    On July 3, 2008, the Isle of Wight County, VA will sponsor a 
fireworks display on the Pagan River shoreline centered on position 
36[deg]59'18.26'' N/076[deg]37'44.74'' W (NAD 1983). Due to the need to 
protect mariners and spectators from the hazards associated with the 
fireworks display, vessel traffic will be temporarily restricted within 
420 feet of the fireworks launch site.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the navigable 
waters of the Pagan River within the area bounded by a 420 foot radius 
circle centered on position 36[deg]59'18.26'' N/076[deg]37''44.74'' W 
(NAD 1983). This safety zone will be established in the vicinity of 
Smithfield, VA from 9 p.m. to 10 p.m. on July 3, 2008. In the interest 
of public safety, 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 Captain of the Port or his 
representative, no person or vessel may enter or remain in the 
regulated area.

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 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 a portion of the Pagan River between 9 p.m. and 10 p.m. on 
July 3, 2008.
    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), we offer to assist small 
entities in understanding the rule so that they can 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,

[[Page 35932]]

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 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, 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.T05-0472, to read as follows:


Sec.  165.T05-0472  Safety Zone: Fourth of July Fireworks Event, Pagan 
River, Smithfield, VA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Captain of the Port Hampton Roads zone, as defined in 33 
CFR 3.25-10, in the vicinity of Clontz Park in Smithfield, VA, and 
within 420 feet of position 36[deg]59'18.26'' N/076[deg]37'44.74'' W 
(NAD 1983).
    (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 3, 2008.

    Dated: June 13, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E8-14365 Filed 6-24-08; 8:45 am]
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