[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Rules and Regulations]
[Pages 57732-57734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15551]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0346]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Virginia Beach Oceanfront, VA; Air 
Show

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters in the vicinity of the Virginia Beach, VA oceanfront. 
This action is necessary to provide for the safety of life on these 
navigable waters during an air show. This temporary rule prohibits 
persons and vessels from entry in the safety zone unless authorized by 
the Captain of the Port Sector Virginia (COTP) or a designated 
representative.

DATES: This rule is effective August 20, 2024, through August 21, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0346 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 about this rule, 
call or email CDR Patrick Grizzle, Sector Virginia, Prevention 
Department, 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

    On April 4, 2024, the National Air, Sea, and Space Foundation 
notified the Coast Guard that the 2024 NATO Joint Power Demo Air Show 
will be occurring Tuesday, August 20, 2024, to Wednesday, August 21, 
2024. The air show includes an aerial performance area over a portion 
of the Virginia Beach oceanfront, where high powered jet aircraft will 
perform aerobatic maneuvers. In response, on May 17, 2024, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety 
Zone; Atlantic Ocean, Virginia Beach Oceanfront, VA; Air Show'' (89 FR 
43350). 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 June 17, 2024, we received no comments.

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 airshow beginning August 20, 
2024 through August 21, 2024, will be a safety concern for anyone 
within the following points: 36[deg]53'10'' N, 075[deg]58'57'' W; 
36[deg]53'27'' N, 075[deg]57'22'' W; 36[deg]51'31'' N, 075[deg]56'48'' 
W; 36[deg]51'14'' N, 075[deg]58'23'' W. The purpose of this rule is to 
ensure safety of vessels and the navigable waters in 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 May 
17, 2024. There are no changes in the regulatory text of this rule from 
the rule proposed in the NPRM.
    This rule establishes a safety zone from August 20, 2024, until 
August 21, 2024. The safety zone would cover all navigable waters from 
the shoreline of the Atlantic Ocean at the Virginia Beach Oceanfront 
contained within the following points: 36[deg]53'10'' N, 
075[deg]58'57'' W; 36[deg]53'27'' N, 075[deg]57'22''W; 36[deg]51'31'' 
N, 075[deg]56'48'' W; 36[deg]51'14'' N, 075[deg]58'23'' W. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters 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.

[[Page 57733]]

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size and 
location of the regulated area. Vessel traffic will be able to safely 
transit around this safety zone which would only impact a small, 
designated area of the Atlantic Ocean during an air show. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek 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 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 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 This 
proposed rule involves a safety zone for each day of the two-day event, 
that would prohibit entry within a small portion of the Atlantic Ocean 
at the Virginia Beach Oceanfront. 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

    Marine safety, Navigation, Security Measures, Waterways.

    For the reasons set forth 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.T05-0346 to read as follows:

[[Page 57734]]

Sec.  165.T05-0346  Safety Zone; Atlantic Ocean, Virginia Beach 
Oceanfront, VA; Air Show

    (a) Location. The following area is a safety zone: all navigable 
waters from the shoreline of the Atlantic Ocean at the Virginia Beach 
Oceanfront contained within the following points: 36[deg]53'10'' N, 
075[deg]58'57'' W; 36[deg]53'27'' N, 075[deg]57'22'' W; 36[deg]51'31'' 
N, 075[deg]56'48'' W; 36[deg]51'14'' N, 075[deg]58'23'' 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 enter the safety zone described in 
paragraph (a) of this section 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 from August 
20, 2024, through August 21, 2024.

    Dated: July 9, 2024.
P.M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-15551 Filed 7-15-24; 8:45 am]
BILLING CODE 9110-04-P