[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34278-34280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12720]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0319]
RIN 1625-AA00


Safety Zone; Chesapeake Bay, Cape Charles, 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 Chesapeake Bay in Cape Charles, Virginia. This safety 
zone will restrict vessel movement in the specified area during a 
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 and enforced from 8 p.m. through 8:30 
p.m. on July 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0319 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 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 is impracticable, because information about 
the fireworks on July 2, 2016 was not received by the Coast Guard with 
sufficient time to allow for an opportunity to comment on the proposed 
rule. Publishing an NPRM would also be contrary to the public interest 
as immediate action is needed to ensure the safety of the fireworks 
participants, patrol vessels, and other vessels transiting the 
fireworks display area. The Coast Guard will provide advance 
notifications to users of the affected waterway via marine information 
broadcasts and local notice to mariners. For the same reasons, we find 
good cause, under 5 U.S.C. 553(d)(3), for making this rule effective 
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Hampton Roads (COTP) has determine that 
potential hazards associated with the fireworks display starting on 
July 2, 2016 will be a safety concern for anyone within a 420-foot 
radius of the fireworks barge. This rule is needed to protect the 
participants, patrol vessels, and other vessels transiting the 
navigable waters of the Chesapeake Bay, in the vicinity of the Sunset 
Beach Resort in Cape Charles, VA 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.

IV. Discussion of the Rule

    The Captain of the Port of Hampton Roads is establishing a safety 
zone on the Chesapeake Bay, in the vicinity of the Sunset Beach Resort, 
in Cape Charles, VA. The safety zone will encompass all navigable 
waters within a 420 foot radius of the fireworks display barge 
location. This safety zone still allows for navigation on the waterway. 
This safety zone will be effective and enforced from 8 p.m. through 
8:30 p.m. on July 2, 2016. Access to the safety zone will be restricted 
during the effective period. Except for participants and vessels 
authorized by the Captain of the Port or 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 34279]]

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 a safety zone lasting less than 2 hours that will 
prohibit entry within 420 feet of the fireworks display. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. 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.

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.T05-0319 to read as follows:


Sec.  165.T05-0319  Safety Zone, Chesapeake Bay; Cape Charles, VA.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector Hampton Roads. 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. 
Participants mean individuals and vessels involved in explosives 
training.
    (b) Locations. The following area is a safety zone:
    (1) All waters in the vicinity of the of the Sunset Beach Resort, 
on the Chesapeake Bay, within a 420 foot radius of the fireworks 
display barge in approximate position 37[deg]08'12'' N., 
075[deg]58'34'' W. (NAD 1983).
    (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 contacted at telephone number (757) 668-5555.
    (5) The Coast Guard and designated security 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

[[Page 34280]]

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 Period. This section will be enforced from 8 p.m. 
through 8:30 p.m. on July 2, 2016.

    Dated: May 17, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-12720 Filed 5-27-16; 8:45 am]
 BILLING CODE 9110-04-P