[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Proposed Rules]
[Pages 17625-17627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8722]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0012]
RIN 1625-AA00


Safety Zone: Gwynn Island 4th of July Fireworks, Piankatank 
River, Gwynn Island, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
Piankatank River in the vicinity of Gwynn Island, VA in support of the 
Gwynn Island 4th of July Fireworks event. This action is intended to 
restrict vessel traffic movement on the Piankatank River to protect 
mariners from the hazards associated with fireworks displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 15, 2009. Requests for public meetings must be 
received by the Coast Guard on or before May 1, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0012 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 or e-mail Lieutenant Tiffany Duffy, U.S. Coast Guard, Chief 
Waterways Management Division, Sector Hampton Roads at (757) 668-5580, 
e-mail [email protected]. 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-2009-0012), 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 (via http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment Online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone 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-2009-0012'' 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[frac12] by 11 inches, suitable for 
copying and electronic filing. If you submit comments 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-2009-0012 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 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. 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 on or before May 1, 2009, using one of the four methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting 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. For information on facilities or 
services for individuals with disabilities or to request special 
assistance at the public meeting, contact Lieutenant Tiffany Duffy, 
U.S. Coast Guard, Chief, Waterways Management Division, Sector Hampton 
Roads at (757) 668-5580.

Background and Purpose

    On July 4, 2009, the Mathews Fireworks Committee will sponsor a 
fireworks display on the Piankatank River in position 37[deg]29''22' N/
76[deg]18''54' W (NAD 1983). Due to the need to protect mariners and 
spectators from the hazards associated with the fireworks display, 
access to the Piankatank River, within a 560 feet radius of the 
fireworks display, will be temporarily restricted.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone on specified 
waters of the Piankatank River in the vicinity of Gwynn Island in 
Virginia. The proposed safety zone will encompass all navigable waters 
within a 560 feet radius of the fireworks display located in position 
37[deg]29''22' N/76[deg]18''54' W (NAD 1983). We propose regulating 
this area because it is in the best interest of public safety to have

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such a zone during the Gwynn Island 4th of July Fireworks event. We 
propose enforcing this zone from 9 p.m. to 10:15 p.m. on July 4, 2009, 
with a rain date of July 5, 2009. We propose restricting access to the 
safety zone during the specified date and times. Except for 
participants and vessels authorized by the Captain of the Port or his 
Representative(s), no person or vessel may enter or remain in the 
regulated area.

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 temporary 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 because the zone will only be in place for a 
limited duration and maritime advisories will be issued allowing 
mariners to adjust their plans accordingly. 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 Piankatank River from 9 p.m. to 10:15 p.m. on July 4, 2009. 
However, the potential impact to these small entities would be so 
minimal as to not have a significant economic affect. This safety zone 
would be enforced for only one hour and fifteen minutes during evening 
hours when vessel traffic is low. Before enforcement of the zone, the 
Coast Guard will issue maritime advisories widely available to users of 
the river.
    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, U.S. 
Coast Guard, 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

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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.

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. This rule involves establishing a 
safety zone around a fireworks display. The display is taking place on 
a beach and the safety zone is intended to keep mariners away from any 
hazardous materials that may land in the water. A preliminary 
``Environmental Analysis Check List'' and preliminary categorical 
exclusion determination, supporting this determination will be 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. This 
rule is categorically excluded, under section 2.B.2. Figure 2-1, 
paragraph 34(g), of the Instruction and neither an environmental 
assessment nor an environmental impact statement is required. 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. 3306, 3703 and 
Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.

    2. Add Sec.  165.T05-0012 to read as follows:


Sec.  165.T05-0012  Safety Zone: Gwynn Island 4th of July Fireworks, 
Piankatank River, Gwynn Island, VA.

    (a) Regulated Area: The following area is a safety zone: specified 
waters of the Piankatank River located within a 560 feet radius of the 
fireworks display at the approximate position of 37[deg]29''22' N/
76[deg]18''54' W (NAD 1983) in the vicinity of Gwynn Island, 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/her 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/her 
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 on July 4, 
2009, from 9 p.m. until 10:15 p.m., with a rain date of July 5, 2009, 
from 9 p.m. until 10:15 p.m.

    Dated: April 2, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E9-8722 Filed 4-15-09; 8:45 am]
BILLING CODE 4910-15-P