[Federal Register: March 30, 2006 (Volume 71, Number 61)]
[Proposed Rules]
[Page 16070-16072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr06-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-019]
RIN 1625-AA00
Safety Zone: Fireworks Display, Broad Bay, Virginia Beach, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes the establishment of a 420 foot
safety zone in support of the Cavalier 4th of July Fireworks Display
occurring on July 04, 2006, on the banks of Broad Bay, Virginia Beach,
VA. This action is intended to restrict vessel traffic on Broad Bay as
necessary to protect mariners from the hazards associated with
fireworks displays.
DATES: Comments and related material must reach the Coast Guard on or
before May 15, 2006.
ADDRESSES: You may mail comments and related material to Commander,
Sector Hampton Roads, Federal Building, 200 Granby St., 7th Floor,
Attn: Lieutenant Clark, Norfolk, VA 23510. Sector Hampton Roads
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the Federal
Building Fifth Coast Guard District between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Bill Clark, Chief,
Waterways Management Division, Sector Hampton Roads, at (757) 668-5580.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-06-
019 and indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting, but you may submit a
request for a meeting by writing to the Commander, Sector Hampton Roads
at the address under ADDRESSES explaining why one would be beneficial.
If we determine that one would aid this rulemaking, we will hold one at
a time and place announced by a later notice in the Federal Register.
Background and Purpose
On July 4, 2006, the Cavalier 4th of July Fireworks Display will be
held on the banks of Broad Bay in Virginia Beach, VA. Due to the need
to protect mariners and spectators from the hazards associated with the
fireworks display, vessel traffic will be temporarily restricted.
Discussion of Proposed Rule
The Coast Guard is establishing a 420 foot safety zone on specified
waters of Broad Bay in the vicinity of the Cavalier Golf and Yacht Club
in Virginia Beach, VA. This regulated area will be established in the
interest of public safety during the Cavalier 4th of July Fireworks
Display and will be enforced from 9 p.m. to 10:30 p.m. on July 4, 2006.
General navigation in the safety zone will be restricted during the
event. Except for participants and vessels authorized by the Coast
Guard Patrol Commander, no person or vessel may enter or remain in the
regulated area.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this regulation
restricts access to the regulated area, the effect of this rule will
not be significant because: (i) The COTP may authorize access to the
safety zone; (ii) the safety zone will be in effect for a limited
duration; and (iii) the Coast Guard will make notifications via
[[Page 16071]]
maritime advisories so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities because the zone will only be in place for a
limited duration and maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities: the
owners and operators of vessels intending to transit or anchor in that
portion of Broad Bay from 9 p.m. to 10:30 p.m. on July 4, 2006.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Bill Clark, Chief,
Waterways Management Division, Sector Hampton Roads, at (757) 668-5580.
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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(h), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(h), of the Instruction, an ``Environmental Analysis
Check List'' is not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
[[Page 16072]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Temporary Sec. 165.T06-019, to read as follows:
Sec. 165.T06-019 Safety Zone: Broad Bay, Virginia Beach, VA.
(a) Location: The following area is a safety zone: All waters
within 420 feet of the fireworks display at Cavalier Golf and Yacht
Club on Broad Bay, Virginia beach, VA in the Captain of the Port,
Hampton Roads zone as defined in 33 CFR Sec. 3.25-10.
(b) Definition: Captain of the Port: means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port, Hampton Roads, Virginia to act on his behalf.
(c) Regulation: (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads, VA, or his
designated representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Hampton Roads and the Sector Duty
Officer at Sector Hampton Roads, Portsmouth, Virginia can be contacted
at telephone Number (757) 668-5555 or (757) 484-8192.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM 13 and 16.
(d) Effective date: This regulation is effective from 9 p.m. to
10:30 p.m. on July 4, 2006.
Dated: March 10, 2006.
John S. Kenyon,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Hampton
Roads.
[FR Doc. E6-4610 Filed 3-29-06; 8:45 am]
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