[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26848-26850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12083]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0075]
RIN 1625-AA00


Safety Zone; Mill Creek, Hampton, 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 within a 170-yard radius of the fireworks barge in 
Mill Creek, Hampton, VA. The safety zone is needed to protect persons, 
vessels, and the marine environment from potential hazards associated 
with fireworks 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 p.m. through 10 p.m. on July 4, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0075 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 it would be impracticable and 
contrary to the public interest to do so as this safety zone must be 
established by July 4, 2017, to protect the public from potential 
safety hazards associated with the fireworks display.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because a safety 
zone is needed to

[[Page 26849]]

protect the public from the potential safety hazards associated with 
the fireworks display. This event is planned by the local community and 
accordingly, the public has received advanced notification of this 
upcoming event through media outlets and has had time to prepare.

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 (COTP) Hampton Roads has determined that 
potential hazards associated with fireworks displays starting July 4, 
2017 will be a safety concern for anyone within a 170-yard radius of 
fireworks display barge. This rule is needed to protect persons, 
vessels, and the marine environment on the navigable waters within the 
safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. through 10 p.m. on 
July 4, 2017. The safety zone will cover all navigable waters within 
170 yards of fireworks display barge in approximate position latitude 
37[deg]00'36'' N., longitude 076[deg]18'26'' W. (NAD 1983). The 
duration of the zone is intended to protect persons, vessels, and the 
marine environment on these navigable waters during the fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

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 Mill Creek in Hampton, VA for one 
hour. Further, Mill Creek does not serve as a throughway for any 
waterborne transit. The Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 regarding the safety zone, the 
rule allows vessels to request permission from the COTP to enter the 
safety zone if deemed safe to do so.

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 (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 approximately one hour duration 
that will prohibit entry within

[[Page 26850]]

170 yard radius of fireworks display barge. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary Record of Environmental 
Consideration (REC) supporting this determination is 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.T05-0075 to read as follows:


Sec.  165.T05-0075   Safety Zone, Mill Creek; Hampton, 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: All waters of 
Mill Creek, within 170 yard radius of latitude 37[deg]00'36'' N., 
longitude 076[deg]18'26'' 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's implemented are to 
depart the zone immediately. The Captain of the Port, Hampton Roads or 
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).
    (3) This section applies to all persons or vessels that intent 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.
    (4) 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 p.m. 
through 10 p.m. on July 4, 2017.

    Dated: June 6, 2017.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Road.
[FR Doc. 2017-12083 Filed 6-9-17; 8:45 am]
 BILLING CODE 9110-04-P