[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27156-27159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11138]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0227]
RIN 1625-AA00


Safety Zone, Temporary Change for Recurring Fifth Coast Guard 
District Fireworks Displays, Cavalier Golf & Yacht Club Independence 
Day Fireworks Display, Broad Bay Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary change to the 
enforcement period of a safety zone regulation for one recurring 
firework display within the Fifth Coast Guard District. This regulation 
refers to the firework display event that takes place on the navigable 
waters of Broad Bay in Virginia Beach, VA. This action is necessary to 
provide for the safety of life on navigable waters during the Cavalier 
Golf & Yacht Club Independence Day Fireworks Display. This action is 
intended to restrict vessel traffic movement to protect mariners from 
the hazards associated with firework displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 8, 2012.
    The Coast Guard anticipates that this proposed rule will be 
effective on July 1, 2012 and enforced from 9:30 p.m. to 10 p.m.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0227 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.

[[Page 27157]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Hector Cintron, 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-2012-0227), 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 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-2012-0227'' 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-2012-0227'' 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 July 1, 2012 Cavalier Golf & Yacht Club will host a fireworks 
display on the shoreline of the navigable waters on Broad Bay in 
Virginia Beach, VA. The fireworks will be launched from a shore based 
platform centered on position 36[deg]52'08'' N/076[deg]00'46'' W (NAD 
1983). Due to the need to protect mariners and spectators from the 
hazards associated with the fireworks display, such as the accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris, vessel traffic will be temporarily restricted on all 
navigable waters within 400 yard radius of the fireworks launch site.

Discussion of Proposed Rule

    The Captain of the Port Hampton Roads proposes to change the 
enforcement period of the safety zone for one recurring fireworks event 
within the Fifth Coast Guard District. This regulation applies to the 
July 4th fireworks event listed at (c)(4), in the Table to Sec. 
165.506. The event will not be taking place on July 4th.
    The Table to Sec. 165.506, event (c)(4), establishes the 
enforcement date for the fireworks event held in Virginia Beach, VA, on 
specified waters of the Broad Bay within the area bounded by 400 yard 
radius centered on position 36[deg]52'08'' N/076[deg]00'46'' W (NAD 
1983). The area of the safety zone enforcement will not change; the 
date of enforcement of the safety zone will change. This temporary 
safety zone will be enforced in the vicinity of Virginia Beach, VA from 
9:30 p.m. to 10 p.m. on July 1, 2012. 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 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.
    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)

[[Page 27158]]

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 Broad Bay from 
9:30 p.m. until 10 p.m. on July 1, 2012. This safety zone would not 
have a significant economic impact on a substantial number of small 
entities for the following reasons. This safety zone would be 
activated, and thus subject to enforcement, for only one-half hour in 
the evening, when vessel traffic is low. Although the safety zone would 
apply to the entirety of Broad Bay, traffic would be allowed to pass 
through the zone with the permission of the Captain of the Port Before 
the activation of the zone, we would 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 LCDR Hector Cintron, 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

[[Page 27159]]

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 Endangered 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, 160.5; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. In Sec.  165.506, amend ``Table to Sec.  165.506'' under ``(c) 
Coast Guard Sector Hampton Roads--COTP Zone,'' suspend number 4, and 
add number 23, to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

* * * * *

                                             Table to Sec.   165.506
                [All coordinates listed in the Table to Sec.   165.506 reference Datum NAD 1983]
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             Number                             Date                       Location            Regulated area
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                                 (c) Coast Guard Sector Hampton Roads--COTP Zone
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                                                  * * * * * * *
23..............................  July 1st........................  Broad Bay, Virginia    All Waters of the
                                                                     Beach, VA, Safety      Broad Bay within a
                                                                     Zone.                  400-yard radius of
                                                                                            the fireworks
                                                                                            display in
                                                                                            approximate position
                                                                                            latitude
                                                                                            36[deg]52'08'' N,
                                                                                            longitude
                                                                                            076[deg]00'46'' W,
                                                                                            located on the
                                                                                            shoreline near
                                                                                            Cavalier Golf and
                                                                                            Yacht Club, Virginia
                                                                                            Beach, Virginia.
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    Dated: April 4, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-11138 Filed 5-8-12; 8:45 am]
BILLING CODE 9110-04-P