[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39174-39177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16232]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
regulation for one recurring fireworks display within the Fifth Coast 
Guard District. This regulation refers to the fireworks 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 
fireworks displays.

[[Page 39175]]


DATES: This rule will be effective on July 1, 2012 and enforced from 
9:30 p.m. to 10 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0227 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0227 in the 
``Search'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LCDR Hector Cintron, Waterways Management 
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking


SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information

    On May 9, 2012, we published a notice of proposed rulemaking (NPRM) 
entitled Cavalier Golf & Yacht Club Independence Day Fireworks Display, 
Broad Bay; Virginia Beach, Virginia in the Federal Register (76 FR 
27156). 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. Due to the need 
for immediate action, the restriction of vessel traffic is necessary to 
protect life, property and the environment therefore, a 30-day notice 
is impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

B. Basis and Purpose

    On July 1, 2012 Cavalier Golf & Yacht Club will host a fireworks 
display on the shoreline of the navigable waters of 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.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port Hampton Roads has changed 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 33 CFR 165.506. The 
event will not be taking place on July 4th.
    The Table to 33 CFR 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 has changed. This temporary 
safety zone will be enforced 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.

D. 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.

1. 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; (iii) mariners may transit the waters 
in and around this safety zone at the discretion of the Captain of the 
Port or designated representative; and (iv), the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly.

2. Impact on 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.
    The rule would affect the following entities, some of which might 
be small entities: The owners or 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.

3. 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

[[Page 39176]]

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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference With Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 concluded 
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 is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing a 
temporary safety zone. An environmental analysis checklist and a 
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.

    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. 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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. In Sec.  165.506, in ``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.

* * * * *

[[Page 39177]]



                                             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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                                                  * * * * * * *
23.................................  July 1st..............  Broad Bay, Virginia      All Waters of the Broad
                                                              Beach, VA Safety Zone.   Bay within a 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: June 11, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-16232 Filed 6-28-12; 11:15 am]
BILLING CODE 9110-04-P