[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20772-20774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07365]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0112]
RIN 1625-AA00
Safety Zone; Back River, Hampton, VA; Air Show
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for certain
waters in the vicinity of the northwest branch of the Back River. This
action is necessary to provide for the safety of life on these
navigable waters near Langley Air Force Base, Hampton, VA, during an
annual airshow. This rulemaking would prohibit persons and vessels from
entry in the safety zone unless authorized by the Captain of the Port
Sector Virginia or a designated representative.
DATES: This rule is effective April 17, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0112 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Chief Waterways Management Division
U.S. Coast Guard; 757-617-7986, [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
On January 26, 2023, the Joint Base Langley-Eustis Fire Dispatch
notified
[[Page 20773]]
the Coast Guard that the 2023 Air Power Over Hampton Roads Air Show
will be occurring Friday, May 5, 2023, to Sunday, May 7, 2023, from
10:00 a.m. to 4 p.m. each day and annually on the third or fourth
Friday through Sunday in April or the first or second Friday through
Sunday in May thereafter. In response, on February 28, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety
Zone; Back River, Hampton, VA; Air Show'' (88 FR 12621). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this air show. During the comment period
that ended March 30, 2023, we received no comments.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the air show.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Virginia (COTP) has determined
that potential hazards associated with the air show will be a safety
concern for anyone within the following points: 37[deg]05'34.32'' N,
076[deg]20'47.13'' W; 37[deg]5'38.05'' N, 076[deg]20'36.49'' W;
37[deg]5'30.53'' N, 076[deg]20'31.86'' W. The purpose of this rule is
to ensure safety of vessels on the navigable waters in the vicinity of
the safety zone, before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 28, 2023. The only changes in the regulatory text of this rule
from the proposed rule in the NPRM were to clarify that the prohibition
against entry to the safety zone when it is subject to enforcement and
that vessels may not be present in the safety zone when an enforcement
period begins.
This rule establishes a safety zone from 10 a.m. to 4 p.m. daily on
the third or fourth Friday through Sunday in April or the first or
second Friday through Sunday in May. The safety zone will cover all
navigable waters from the shoreline of the Back River contained within
the following points: 37[deg]05'34.32'' N, 076[deg]20'47.13'' W;
37[deg]5'38.05'' N, 076[deg]20'36.49'' W; 37[deg]5'30.53'' N,
076[deg]20'31.86'' W. The duration of the zone is intended to ensure
the safety of vessels on the navigable waters in the vicinity of the
safety zone, before, during, and after the air show. 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Back River. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule will allow vessels to seek
permission from the COTP 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 received no comments from the Small Business
Administration on this rulemaking. 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
call or email 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.
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
[[Page 20774]]
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 6 hours, each day of the event, that would prohibit
entry within a small portion of the Back River. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.517 to read as follows:
Sec. 165.517 Safety Zone; Back River, Hampton, VA; Air Show.
(a) Location. The following area is a safety zone: all navigable
waters from the shoreline of the Back River contained within the
following points: 37[deg]5'34.32'' N, 076[deg]20'47.13'' W;
37[deg]5'38.05'' N, 076[deg]20'36.49'' W; 37[deg]5'30.53'' N,
076[deg]20'31.86'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Virginia (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not be present in, or enter the safety
zone described in paragraph (a) of this section when it is subject to
enforcement unless authorized by the COTP or the COTP's designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM Channel 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced annually on
the third or fourth Friday through Sunday in April or the first or
second Friday through Sunday in May from 10 a.m. to 4 p.m. each day
during the event.
Dated: April 3, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-07365 Filed 4-6-23; 8:45 am]
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