[Federal Register Volume 90, Number 109 (Monday, June 9, 2025)]
[Rules and Regulations]
[Pages 24226-24228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10383]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0412]
RIN 1625-AA00
Safety Zone; Firework Display; Appomattox River, Hopewell, 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 250-yard radius of a fireworks barge located
in the Appomattox River, near City Point, in Hopewell, VA. The purpose
of this rulemaking is to ensure the safety of persons and vessels, and
to protect the marine environment within the navigable waters proximate
to fireworks displays, before, during, and after the scheduled events.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector Virginia.
DATES: This rule is effective from 9 p.m. to 10 p.m. on June 28, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0412 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 LCDR Justin Strassfield, Sector Virginia, Waterways
Management Division, U.S. Coast Guard, Telephone: (571) 608-2969; or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Virginia
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 24227]]
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
to publish an NPRM for a safety zone which must be established by June
28, 2025, to prevent harm from potential navigation and safety hazards
created by this event. There is not sufficient time to allow for a
notice and comment period prior to the event.
Also, 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 is impracticable because prompt action is needed to be
assured the rule will be in effect at the start of the event.
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 fireworks events (people being
hit by projectiles or falling debris and vessels being set on fire or
subject to explosions) present a safety concern for anyone within the
safety zone. The purpose of this rule is to ensure safety of vessels
and people in the navigable waters who might otherwise be in the safety
zone before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. until 10 p.m. on
June 28, 2025. The safety zone will include all navigable waters within
250 yards of the fireworks barge located at latitude 37[deg]18'52'' N,
longitude 077[deg]17'12.5'' W, located near City Point in Hopewell, VA.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters before, during, and
after 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. Advance notifications will be made to
affected users of the waterway via Broadcast Notice to Mariners and
Local Notice to Mariners.
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.
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the on the size,
location, duration, and time-of-day of the safety zone. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
to alert them about the zone, and the rule will allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 will 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
[[Page 24228]]
environment. This rule involves a safety zone lasting 1 hour that will
prohibit entry within 250 yards of a fireworks barge. 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.
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. 01.4.
0
2. Add Sec. 165.T05-0412 to read as follows:
Sec. 165.T05-0412 Safety Zone; Firework Display; Appomattox River,
Hopewell, VA.
(a) Location. The following area is a safety zone: all waters at
the confluence of the Appomattox and James Rivers within a 250-yard
radius of approximate position of the fireworks barge at latitude
37[deg]18'52'' N, longitude 077[deg]17'12.5'' W, located near City
Point in Hopewell, VA. These coordinates are based on WGS 84.
(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 safety zone will be enforced from 9
p.m. to 10 p.m. on June 28, 2025.
Dated: June 2, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2025-10383 Filed 6-6-25; 8:45 am]
BILLING CODE 9110-04-P