[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Rules and Regulations]
[Pages 23711-23713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10018]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0117]
RIN 1625-AA00


Safety Zone, Southern Branch Elizabeth River; Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the Southern Branch of the Elizabeth River in support of the 
Elizabeth River Park Grand Re-opening fireworks event. This safety zone 
will restrict vessel movement in the specified area during the 
fireworks display. This action is necessary to provide for the safety 
of life and property on the surrounding navigable waters during the 
fireworks display.

DATES: This rule is effective from April 29, 2015 through May 30, 2015 
and enforced from 8:30 p.m. to 9 p.m. on May 30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0117]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Gregory Knoll, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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

A. Regulatory History and 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 written 
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 good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule due to the short time 
period between event planners notifying the Coast Guard of details 
concerning the event, on March 24, 2015, and publication of this safety 
zone. As such, it is impracticable for the Coast Guard to provide a 
full comment period due to lack of time. Furthermore, delaying the 
effective date of this safety zone would be contrary to the public 
interest as immediate action is needed to ensure the safety of the 
event participants, patrol vessels, spectator craft and other vessels 
transiting the event area. The Coast Guard will provide advance 
notifications to users of the affected waterway via marine information 
broadcasts, local notice to mariners.
    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 on 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, 
and enhancing public and maritime safety.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33. 
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland 
Security Delegation No. 0170-1, which collectively authorize the Coast 
Guard to propose, establish, and define regulatory safety zones.

[[Page 23712]]

    The purpose of this safety zone is to protect event participants, 
patrol vessels, spectator craft and other vessels transiting navigable 
waters on the Southern Branch of the Elizabeth River from hazards 
associated with a fireworks display. The potential hazards to mariners 
within the safety zone include accidental discharge of fireworks, 
dangerous projectiles, and falling hot embers or other debris.

C. Discussion of the Final Rule

    On May 30, 2015, the City of Chesapeake Parks, Recreation and 
Tourism will be hosting the Elizabeth River Park Grand Re-opening which 
will include a fireworks display on the bank of the Southern Branch of 
the Elizabeth River in Chesapeake, VA. The fireworks debris fallout 
area will extend over the navigable waters of the Southern Branch of 
the Elizabeth River.
    The Captain of the Port of Hampton Roads is establishing a safety 
zone on specified waters of the Southern Branch of the Elizabeth River 
in Chesapeake, VA. The fireworks will be launched from the shore 
located in the Elizabeth River Park. The safety zone will encompass all 
navigable waters within a 140 foot radius of the fireworks launching 
location at position 36[deg]48'31.0818'' N, longitude 
076[deg]17'14.2506'' W. This safety zone will be established and 
enforced from 8:30 p.m. to 9 p.m. on May 30, 2015. Access to the safety 
zone will be restricted during the specified date and times. Except for 
participants and vessels authorized by the Captain of the Port of his 
Representative, no person or vessel may enter or remain in the 
regulated area.
    The Captain of the Port will give notice of the enforcement of the 
safety zone by all appropriate means to provide the widest 
dissemination of notice to the affected segments of the public. This 
includes publication in the Local Notice to Mariners and Marine 
Information Broadcasts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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, 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this safety 
zone restricts vessel traffic through the regulated area, the effect of 
this rule will not be significant because: (i) This rule will only be 
enforced for the limited size and duration of the event; and (ii) the 
Coast Guard will make extensive notification to the maritime community 
via marine information broadcasts so mariners may adjust their plans 
accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 affects the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in waters of the Southern Branch of the Elizabeth 
River during the enforcement period.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone is of limited size and duration, and (ii) Sector Hampton 
Roads will issue maritime advisories widely available to users of the 
Southern Branch of the Elizabeth River allowing mariners to adjust 
their plans accordingly.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule 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 
INTFORMATION 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will 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.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive

[[Page 23713]]

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

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0117 to read as follows:


165.T05-0117  Safety Zone, Southern Branch Elizabeth River; Chesapeake, 
VA.

    (a) Definitions. For the purposes of this section:
    Captain of the Port means the Commander, Sector Hampton Roads.
    Participants mean individuals responsible for launching the 
fireworks.
    Representative means any Coast Guard commissioned, warrant or petty 
officer who has been authorized to act on the behalf of the Captain of 
the Port.
    (b) Locations. The following area is a safety zone:
    (1) All waters of the Southern Branch of the Elizabeth River within 
a 140 foot radius of the fireworks display in approximate position 
36[deg]48'31.0818'' N, 076[deg]17'14.2506'' W, located near the 
Elizabeth River Park, Chesapeake, Virginia.
    (c) Regulations.
    (1) All persons are required to comply with the general regulations 
governing safety zones in Sec.  165.23 of this part.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.
    (3) All vessels underway within this safety zone at the time it is 
implemented are to depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative 
can be reached at telephone number (757) 668-5555.
    (5) The Coast Guard vessels enforcing the safety zone can be 
contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels wishing to 
transit through the safety zone except participants and vessels that 
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) servicing aids to navigation, and
    (iii) Emergency response vessels.
    (7) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement periods. This rule will be enforced from 8:30 p.m. 
to 9 p.m. on May 30, 2015.

    Dated: April 17, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-10018 Filed 4-28-15; 8:45 am]
 BILLING CODE 9110-04-P