[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26749-26751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11989]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0248]
RIN 1625-AA00


Safety Zone; Chincoteague Channel, Chincoteague Islands, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Chincoteague Channel in the vicinity of 
Chincoteague Island, Virginia. The safety zone is needed to protect 
persons, vessels, and the marine environment from potential hazards 
created during a firework display. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Hampton Roads.

DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on July 
1, 2017, or on July 8, 2017, if weather renders the primary date 
unsuitable.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0248 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
FR Federal Register
NPRM Notice of proposed rulemaking
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 because information about the fireworks 
scheduled for July 1, 2017 was not received by the Coast Guard with 
sufficient time to allow for an opportunity to comment on the proposed 
rule. It is contrary to the public interest to publish an NPRM because 
immediate action is needed to ensure the safety of the fireworks 
participants, patrol vessels, and other vessels transiting the 
fireworks display area.
    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. A restriction on vessel traffic 
during the fireworks display scheduled for July 1, 2017 is necessary to 
protect life, property, and the environment; therefore, a 30-day notice 
is both impracticable and contrary to public

[[Page 26750]]

interest. Delaying the effective date would be contrary to the 
regulation's intended objectives of protecting persons and vessels and 
enhancing public and maritime safety.

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 determined that 
potential hazards associated with the fireworks display scheduled for 
July 1, 2017, with a rain date of July 8, 2017, will be a safety 
concern for anyone within 60 yards of a point on land and immediately 
adjacent to navigable waters at latitude 37[deg]55'41'' N., longitude 
075[deg]23'09'' W. This rule is needed to protect persons, vessels, and 
the marine environment from hazards associated with a fireworks display 
over the navigable waters of Chincoteague Channel.

IV. Discussion of the Rule

    This rule establishes a safety zone on Chincoteague Channel, 
Chincoteague, VA from 9:30 p.m. through 10:30 p.m. on July 1, 2017, 
with a rain date of July 8, 2017. The safety zone will include all 
navigable waters within 60 yards of a point on land immediately 
adjacent to navigable waters at latitude 37[deg]55'41'' N., longitude 
075[deg]23'09'' W. The duration of the safety zone is intended to 
protect persons, vessels, and the marine environment on navigable 
waters during the fireworks display. Except for participants and 
vessels authorized by the COTP, no vessel or person will be permitted 
to enter the safety zone. The COTP will provide notice of enforcement 
for the safety zone by all appropriate means that conveys notice to 
affected segments of the public, including 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Chincoteague Channel in the 
vicinity of Chincoteague Island, VA for 15 minutes and during a time of 
year when vessel traffic is normally low. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone and the rule allows vessels to request permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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

[[Page 26751]]

(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 15 minutes that will prohibit entry 
within 60 yards of a point on land immediately adjacent to navigable 
waters located at latitude 37[deg]55'41'' N., longitude 075[deg]23'09'' 
W. This action is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We request 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.T05-0248 to read as follows:


Sec.  165.T05-0248  Safety Zone, Chincoteague Channel; Chincoteague 
Islands, 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 the fireworks 
display.
    (b) Locations. The following area is a safety zone: All navigable 
waters of Chincoteague Channel within 60 yards of the fireworks display 
located near the shoreline at a point on land at approximate position 
latitude 37[deg]55'41'' N., longitude 075[deg]23'09'' W. (NAD 1983).
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23.
    (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. All vessels 
underway within this safety zone at the time it is implemented are to 
depart the zone immediately.
    (3) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number (757) 668-5555. The Coast Guard 
and designated security vessels enforcing the safety zone can be 
contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (4) 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.
    (5) 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 9:30 
p.m. through 10:30 p.m. on July 1, 2017, or on July 8, 2017, if weather 
renders the primary date unsuitable.

    Dated: June 5, 2017.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Road.
[FR Doc. 2017-11989 Filed 6-8-17; 8:45 am]
 BILLING CODE 9110-04-P