[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Proposed Rules]
[Pages 13519-13522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5543]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0095]
RIN 1625-AA00


Safety Zone; Virginia Beach Oceanfront Air Show, Atlantic Ocean, 
Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a safety zone on the 
navigable waters of the Atlantic Ocean in Virginia Beach, VA. This 
action is necessary to provide for the safety of life on navigable 
waters during the Virginia Beach Oceanfront Air Show. This action is 
intended to restrict vessel traffic movement to protect mariners from 
the hazards associated with air show events.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 6, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0095 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 four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Christopher O'Neal, Waterways Management Division 
Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-5581, email 
[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-2012-0095), 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 www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at

[[Page 13520]]

the Docket Management Facility. We recommend that you include your name 
and a mailing address, an email 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0095'' in the ``Keyword'' box. 
Click ``Search'' 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\1/2\; 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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0095'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' 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 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 LCDR Chris O'Neal at the telephone number or email address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Basis and Purpose

    On May 31, 2012 through June 3, 2012, the United States Navy will 
host an air show event over the Atlantic Ocean in Virginia Beach, VA. 
In recent years, there have been unfortunate instances of jets and 
planes crashing during performances at air shows. Along with a jet or 
plane crash, there is typically a wide area of scattered debris that 
also damages property and could cause significant injury or death to 
mariners observing the air shows. Due to the need to protect mariners 
and the public transiting the Atlantic Ocean immediately below the air 
show from hazards associated with the air show, a Coast Guard 
established safety zone bound by the following coordinates will be 
enforced: 36[deg]-00'-00'' N /075[deg]-58'-12'' W, 36[deg]-51'-36'' N/
075[deg]-57'-36'' W, 36[deg]-49'-48'' N/075[deg]-57'-00'' W, 36[deg]-
49'48'' N/075[deg]-57'-36'' W (NAD 1983). Access to this area will be 
temporarily restricted for public safety purposes.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone on specified 
waters of the Atlantic Ocean bounded by the following coordinates: 
36[deg]-00'-00'' N/075[deg]-58'-12'' W, 36[deg]-51'-36'' N/075[deg]-
57'-36'' W, 36[deg]-49'-48'' N/075[deg]-57'-00'' W, 36[deg]-49'48'' N/
075[deg]-57'-36'' W (NAD 1983), in the vicinity of Virginia Beach, 
Virginia. This safety zone is proposed in the interest of public safety 
during the Virginia Beach Oceanfront Air Show and will be enforced from 
11 a.m. until 5 p.m. on May 31, 2012, from 11 a.m. until 5 p.m. on June 
1, 2012, 11 a.m. until 5 p.m. on June 2, 2012, and from 11 a.m. until 5 
p.m. on June 3, 2012. Access to the safety zone will be restricted 
during the specified date and times. Except for vessels authorized by 
the Captain of the Port or his Representative, no person or vessel may 
enter or remain in the safety zone.

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, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
proposed 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 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 the 
mariners to adjust their plans accordingly.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners and operators of vessels 
intending to transit or anchor in that portion of the Atlantic Ocean 
from 11 a.m. until 5 p.m. on May 31, 2012, from 11 a.m. until 5 p.m. on 
June 1, 2012, 11 a.m. until 5 p.m. on June 2, 2012, and from 11 a.m. 
until 5 p.m. on June 3, 2012.
    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

[[Page 13521]]

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 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LCDR Christopher 
O'Neal, Waterways Management Division Chief, Sector Hampton Roads, 
Coast Guard; telephone 757-668-5581, email 
[email protected]. 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 (adjusted for 
inflation) 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 cause 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 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 Management Directive 023-01 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. In accordance with the 
Coastal Zone Management Act, National Environmental Policy Act, and the 
Endanger Species Act an environmental consultation has been initiated 
with Virginia Department of Environmental Quality, Army Corps of 
Engineers, Virginia Marine Resource Commission, and the Department of 
Conservation and Recreation. Upon receipt of consultation comments all 
documentation will be made available in the docket where indicated 
under ADDRESSES. This proposed rule involves establishing a temporary 
safety zone. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 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., 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
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.

    2. Add Sec.  165.T05-0095 to read as follows:


Sec.  165.T05-0095  Safety Zone; Virginia Beach Oceanfront Air Show, 
Atlantic Ocean, Virginia Beach, VA.

    (a) Regulated Area. The following area is a safety zone: Specified 
waters of the Captain of the Port Sector Hampton Roads zone, as defined 
in 33 CFR 3.25-

[[Page 13522]]

10, in the vicinity of the Atlantic Ocean in Virginia Beach, VA bound 
by the following coordinates: 36[deg]-00'-00'' N/075[deg]-58'-12'' W, 
36[deg]-51'-36'' N/075[deg]-57'-36'' W, 36[deg]-49'-48'' N/075[deg]-
57'-00'' W, 36[deg]-49'48'' N/075[deg]-57'-36'' W (NAD 1983), in the 
vicinity of Virginia Beach, Virginia.
    (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 behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
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 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 from 11 
a.m. until 5 p.m. on May 31, 2012, from 11 a.m. until 5 p.m. on June 1, 
2012, 11 a.m. until 5 p.m. on June 2, 2012, and from 11 a.m. until 5 
p.m. on June 3, 2012.

    Dated: February 17, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-5543 Filed 3-6-12; 8:45 am]
BILLING CODE 9110-04-P