80_FR_15229 80 FR 15174 - Safety Zone, Chesapeake Bay; Cape Charles, VA

80 FR 15174 - Safety Zone, Chesapeake Bay; Cape Charles, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 55 (March 23, 2015)

Page Range15174-15176
FR Document2015-06582

The Coast Guard proposes to establish a safety zone on the navigable waters of the Chesapeake Bay in Cape Charles, VA. This proposed safety zone would restrict vessel movement in the specified area during the Cape Charles Clam Slam fireworks display between 9:30 p.m. and 10 p.m. on August 1, 2015. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the fireworks displays.

Federal Register, Volume 80 Issue 55 (Monday, March 23, 2015)
[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Proposed Rules]
[Pages 15174-15176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06582]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0048]
RIN 1625-AA00


Safety Zone, Chesapeake Bay; Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of the Chesapeake Bay in Cape Charles, VA. This 
proposed safety zone would restrict vessel movement in the specified 
area during the Cape Charles Clam Slam fireworks display between 9:30 
p.m. and 10 p.m. on August 1, 2015. This action is necessary to provide 
for the safety of life and property on the surrounding navigable waters 
during the fireworks displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 22, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Gregory Knoll, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission. To submit your 
comment online, go to www.regulations.gov, type the docket number 
[USCG-2015-0048] in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Submit a Comment'' on the line associated with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0048] in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for one, using one of the methods specified under ADDRESSES 15 
days prior to the close of the comment period. Please explain why you 
believe a public meeting 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.

B. Regulatory History and Information

    The town of Cape Charles has not held a Clam Slam fireworks display 
in the past. However, this same location is used for other fireworks 
displays throughout the year as published in 33 CFR 165.506.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.
    The purpose of this safety zone is to protect mariners and 
spectators from the

[[Page 15175]]

hazards associated with the fireworks display, such as accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris.

D. Discussion of the Proposed Rule

    The Captain of the Port of Hampton Roads proposes to establish a 
safety zone on specified waters of the Chesapeake Bay within a 700 foot 
radius of the approximate position: 37[deg]15'47'' N/076[deg]01'29'' W 
(NAD 1983), at the end of Bayshore Road located in the vicinity of Cape 
Charles Harbor, Cape Charles, Virginia. This safety zone will be 
enforced on August 1, 2015 between the hours of 9:30 p.m. and 10 p.m. 
Access to the safety zone will be restricted during the specified date 
and time.
    Spectator vessels may gather nearby to view the fireworks display. 
Due to the need for vessel control during the fireworks display, vessel 
traffic will be temporarily restricted to provide for the safety of 
participants, spectators and transiting vessels. Except for vessels 
authorized by the Captain of the Port or his designated representative, 
no person or vessel may enter or remain in the safety zone. The Captain 
of the Port will provide advance notice of the safety zone by all 
appropriate means to provide the widest dissemination of notice among 
the affected segments of the public. This will include publication in 
the Local Notice to Mariners and Marine Information Broadcasts.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The primary impact of 
these regulations will be on vessels wishing to transit the affected 
waterways during the safety zone on the Chesapeake Bay in the vicinity 
of Cape Charles, VA from 9:30 p.m. until 10 p.m. on August 1, 2015. 
Although this safety zone temporarily restricts traffic from transiting 
a portion of the Chesapeake Bay during this event, this safety zone is 
limited in duration, affects only a limited area, and will be well 
publicized in advance to allow mariners to make alternative plans for 
transiting the affected area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the waters of the 
Chesapeake Bay near Cape Charles Harbor during the outlined timeframe.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone is limited in size and duration, and (ii) before the 
enforcement period, maritime advisories will be issued allowing 
mariners to adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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.

3. 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. 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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule will not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    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 does not 
create an environmental risk to health or risk to

[[Page 15176]]

safety that may disproportionately affect children.

11. Indian Tribal Governments

    This proposed 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 (NEPA) (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 proposed rule involves the establishment of a 
safety zone. This proposed rule is categorically excluded from further 
review under paragraph 34-g of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are 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.

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 proposes 
to amend 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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-0048 to read as follows:


Sec.  165.T05-0048  Safety Zone, Chesapeake Bay; Cape Charles, 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.
    (b) Location. The following area is a proposed safety zone: 
Specified waters of the Captain of the Port Sector Hampton Roads zone, 
as defined in 33 CFR 3.25-10, in the vicinity of the Chesapeake Bay 
near Cape Charles, VA all waters within a 700 foot radius of 
approximate location 37[deg]15'47'' N/076[deg]01'29'' W (NAD 1983) 
which is located at the end of Bayshore Road in Cape Charles Harbor.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Contact on scene contracting vessels via VHF channel 13 and 16 
for passage instructions.
    (ii) If on scene 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 can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone may 
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced from 9:30 
p.m. until 10 p.m. on August 1, 2015.

    Dated: March 9, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-06582 Filed 3-20-15; 8:45 am]
BILLING CODE 9110-04-P



                                                    15174                    Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules

                                                      The Commission has considered                         FOR FURTHER INFORMATION CONTACT:     If               please enclose a stamped, self-addressed
                                                    WCMA’s request. The Commission will                     you have questions on this rule, call or              postcard or envelope. We will consider
                                                    grant WCMA’s request to extend the                      email LCDR Gregory Knoll, Waterways                   all comments and material received
                                                    comment period for the ANPR until                       Management Division Chief, Sector                     during the comment period and may
                                                    June 1, 2015. The extension will allow                  Hampton Roads, Coast Guard; telephone                 change the rule based on your
                                                    WCMA and any other party additional                     (757) 668–5580, email                                 comments.
                                                    time to complete studies related to                     HamptonRoadsWaterway@uscg.mil. If
                                                    questions asked in the ANPR.                            you have questions on viewing or                      2. Viewing Comments and Documents
                                                                                                            submitting material to the docket, call                  To view comments, as well as
                                                    Alberta E. Mills,
                                                                                                            Cheryl Collins, Program Manager,                      documents mentioned in this preamble
                                                    Acting Secretary, Consumer Product Safety                                                                     as being available in the docket, go to
                                                                                                            Docket Operations, telephone (202)
                                                    Commission.
                                                                                                            366–9826.                                             http://www.regulations.gov, type the
                                                    [FR Doc. 2015–06354 Filed 3–20–15; 8:45 am]
                                                                                                            SUPPLEMENTARY INFORMATION:                            docket number [USCG–2015–0048] in
                                                    BILLING CODE 6355–01–P                                                                                        the ‘‘SEARCH’’ box and click
                                                                                                            Table of Acronyms                                     ‘‘SEARCH.’’ Click on Open Docket
                                                                                                            DHS Department of Homeland Security
                                                                                                                                                                  Folder on the line associated with this
                                                    DEPARTMENT OF HOMELAND                                                                                        rulemaking. You may also visit the
                                                                                                            FR Federal Register
                                                    SECURITY                                                NPRM Notice of Proposed Rulemaking                    Docket Management Facility in Room
                                                                                                                                                                  W12–140 on the ground floor of the
                                                    Coast Guard                                             A. Public Participation and Request for               Department of Transportation West
                                                                                                            Comments                                              Building, 1200 New Jersey Avenue SE.,
                                                    33 CFR Part 165                                           We encourage you to participate in                  Washington, DC 20590, between 9 a.m.
                                                    [Docket Number USCG–2015–0048]                          this rulemaking by submitting                         and 5 p.m., Monday through Friday,
                                                                                                            comments and related materials. All                   except Federal holidays.
                                                    RIN 1625–AA00
                                                                                                            comments received will be posted
                                                                                                            without change to http://                             3. Privacy Act
                                                    Safety Zone, Chesapeake Bay; Cape
                                                    Charles, VA                                             www.regulations.gov and will include                     Anyone can search the electronic
                                                                                                            any personal information you have                     form of comments received into any of
                                                    AGENCY:   Coast Guard, DHS.                             provided.                                             our dockets by the name of the
                                                    ACTION:   Notice of proposed rulemaking.                                                                      individual submitting the comment (or
                                                                                                            1. Submitting Comments
                                                                                                                                                                  signing the comment, if submitted on
                                                    SUMMARY:   The Coast Guard proposes to                     If you submit a comment, please                    behalf of an association, business, labor
                                                    establish a safety zone on the navigable                include the docket number for this                    union, etc.). You may review a Privacy
                                                    waters of the Chesapeake Bay in Cape                    rulemaking, indicate the specific section             Act notice regarding our public dockets
                                                    Charles, VA. This proposed safety zone                  of this document to which each                        in the January 17, 2008, issue of the
                                                    would restrict vessel movement in the                   comment applies, and provide a reason                 Federal Register (73 FR 3316).
                                                    specified area during the Cape Charles                  for each suggestion or recommendation.
                                                    Clam Slam fireworks display between                     You may submit your comments and                      4. Public Meeting
                                                    9:30 p.m. and 10 p.m. on August 1,                      material online at http://                               We do not plan to hold a public
                                                    2015. This action is necessary to                       www.regulations.gov, or by fax, mail, or              meeting, but you may submit a request
                                                    provide for the safety of life and                      hand delivery, but please use only one                for one, using one of the methods
                                                    property on the surrounding navigable                   of these means. If you submit a                       specified under ADDRESSES 15 days
                                                    waters during the fireworks displays.                   comment online, it will be considered                 prior to the close of the comment
                                                    DATES: Comments and related material                    received by the Coast Guard when you                  period. Please explain why you believe
                                                    must be received by the Coast Guard on                  successfully transmit the comment. If                 a public meeting would be beneficial. If
                                                    or before April 22, 2015.                               you fax, hand deliver, or mail your                   we determine that one would aid this
                                                    ADDRESSES: You may submit comments                      comment, it will be considered as                     rulemaking, we will hold one at a time
                                                    identified by docket number using any                   having been received by the Coast                     and place announced by a later notice
                                                    one of the following methods:                           Guard when it is received at the Docket               in the Federal Register.
                                                      (1) Federal eRulemaking Portal:                       Management Facility. We recommend
                                                    http://www.regulations.gov.                             that you include your name and a                      B. Regulatory History and Information
                                                      (2) Fax: 202–493–2251.                                mailing address, an email address, or a                 The town of Cape Charles has not
                                                      (3) Mail or Delivery: Docket                          telephone number in the body of your                  held a Clam Slam fireworks display in
                                                    Management Facility (M–30), U.S.                        document so that we can contact you if                the past. However, this same location is
                                                    Department of Transportation, West                      we have questions regarding your                      used for other fireworks displays
                                                    Building Ground Floor, Room W12–140,                    submission. To submit your comment                    throughout the year as published in 33
                                                    1200 New Jersey Avenue SE.,                             online, go to www.regulations.gov, type               CFR 165.506.
                                                    Washington, DC 20590–0001. Deliveries                   the docket number [USCG–2015–0048]
                                                    accepted between 9 a.m. and 5 p.m.,                     in the ‘‘SEARCH’’ box and click                       C. Basis and Purpose
                                                    Monday through Friday, except federal                   ‘‘SEARCH.’’ Click on ‘‘Submit a                         The legal basis for the rule is the
                                                    holidays. The telephone number is 202–                  Comment’’ on the line associated with                 Coast Guard’s authority to establish
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    366–9329.                                               this rulemaking.                                      safety zones: 33 U.S.C. 1231; 46 U.S.C.
                                                      See the ‘‘Public Participation and                       If you submit your comments by mail                Chapter 701, 3306, 3703; 50 U.S.C. 191,
                                                    Request for Comments’’ portion of the                   or hand delivery, submit them in an                   195; 33 CFR 1.05–1, 6.04–1, 6.04–6,
                                                    SUPPLEMENTARY INFORMATION section                       unbound format, no larger than 81⁄2 by                160.5; Pub. L. 107–295, 116 Stat. 2064;
                                                    below for further instructions on                       11 inches, suitable for copying and                   Department of Homeland Security
                                                    submitting comments. To avoid                           electronic filing. If you submit                      Delegation No. 0170.1.
                                                    duplication, please use only one of                     comments by mail and would like to                      The purpose of this safety zone is to
                                                    these three methods.                                    know that they reached the Facility,                  protect mariners and spectators from the


                                               VerDate Sep<11>2014   16:19 Mar 20, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\23MRP1.SGM   23MRP1


                                                                            Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules                                            15175

                                                    hazards associated with the fireworks                   Bay during this event, this safety zone               Paperwork Reduction Act of 1995 (44
                                                    display, such as accidental discharge of                is limited in duration, affects only a                U.S.C. 3501–3520).
                                                    fireworks, dangerous projectiles, and                   limited area, and will be well publicized
                                                                                                                                                                  5. Federalism
                                                    falling hot embers or other debris.                     in advance to allow mariners to make
                                                                                                            alternative plans for transiting the                     A rule has implications for federalism
                                                    D. Discussion of the Proposed Rule                                                                            under Executive Order 13132,
                                                                                                            affected area.
                                                       The Captain of the Port of Hampton                                                                         Federalism, if it has a substantial direct
                                                    Roads proposes to establish a safety                    2. Impact on Small Entities                           effect on the States, on the relationship
                                                    zone on specified waters of the                            The Regulatory Flexibility Act of 1980             between the national government and
                                                    Chesapeake Bay within a 700 foot radius                 (RFA), 5 U.S.C. 601–612, as amended,                  the States, or on the distribution of
                                                    of the approximate position: 37°15′47″                  requires federal agencies to consider the             power and responsibilities among the
                                                    N/076°01′29″ W (NAD 1983), at the end                   potential impact of regulations on small              various levels of government. We have
                                                    of Bayshore Road located in the vicinity                entities during rulemaking. The term                  analyzed this proposed rule under that
                                                    of Cape Charles Harbor, Cape Charles,                   ‘‘small entities’’ comprises small                    Order and determined that this rule
                                                    Virginia. This safety zone will be                      businesses, not-for-profit organizations              does not have implications for
                                                    enforced on August 1, 2015 between the                  that are independently owned and                      federalism.
                                                    hours of 9:30 p.m. and 10 p.m. Access                   operated and are not dominant in their
                                                    to the safety zone will be restricted                   fields, and governmental jurisdictions                6. Protest Activities
                                                    during the specified date and time.                     with populations of less than 50,000.                   The Coast Guard respects the First
                                                       Spectator vessels may gather nearby                  The Coast Guard certifies under 5 U.S.C.              Amendment rights of protesters.
                                                    to view the fireworks display. Due to the               605(b) that this proposed rule will not               Protesters are asked to contact the
                                                    need for vessel control during the                      have a significant economic impact on                 person listed in the FOR FURTHER
                                                    fireworks display, vessel traffic will be               a substantial number of small entities.               INFORMATION CONTACT section to
                                                    temporarily restricted to provide for the                  This proposed rule will affect the                 coordinate protest activities so that your
                                                    safety of participants, spectators and                  following entities, some of which might               message can be received without
                                                    transiting vessels. Except for vessels                  be small entities: The owners or                      jeopardizing the safety or security of
                                                    authorized by the Captain of the Port or                operators of vessels intending to transit             people, places or vessels.
                                                    his designated representative, no person                or anchor in a portion of the waters of
                                                    or vessel may enter or remain in the                                                                          7. Unfunded Mandates Reform Act
                                                                                                            the Chesapeake Bay near Cape Charles
                                                    safety zone. The Captain of the Port will               Harbor during the outlined timeframe.                   The Unfunded Mandates Reform Act
                                                    provide advance notice of the safety                       This safety zone will not have a                   of 1995 (2 U.S.C. 1531–1538) requires
                                                    zone by all appropriate means to                        significant economic impact on a                      Federal agencies to assess the effects of
                                                    provide the widest dissemination of                     substantial number of small entities for              their discretionary regulatory actions. In
                                                    notice among the affected segments of                   the following reasons: (i) The safety                 particular, the Act addresses actions
                                                    the public. This will include                           zone is limited in size and duration, and             that may result in the expenditure by a
                                                    publication in the Local Notice to                      (ii) before the enforcement period,                   State, local, or tribal government, in the
                                                    Mariners and Marine Information                         maritime advisories will be issued                    aggregate, or by the private sector of
                                                    Broadcasts.                                             allowing mariners to adjust their plans               $100,000,000 (adjusted for inflation) or
                                                                                                            accordingly.                                          more in any one year. Though this
                                                    E. Regulatory Analyses
                                                                                                               If you think that your business,                   proposed rule will not result in such an
                                                      We developed this proposed rule after                 organization, or governmental                         expenditure, we do discuss the effects of
                                                    considering numerous statutes and                       jurisdiction qualifies as a small entity              this rule elsewhere in this preamble.
                                                    executive orders related to rulemaking.                 that this rule would have a significant
                                                    Below we summarize our analyses                                                                               8. Taking of Private Property
                                                                                                            economic impact on it, please submit a
                                                    based on these statutes and executive                   comment (see ADDRESSES) explaining                      This proposed rule will not cause a
                                                    orders.                                                 why you think it qualifies and how and                taking of private property or otherwise
                                                    1. Regulatory Planning and Review                       to what degree this rule would                        have taking implications under
                                                                                                            economically affect it.                               Executive Order 12630, Governmental
                                                       This proposed rule is not a significant                                                                    Actions and Interference with
                                                    regulatory action under section 3(f) of                 3. Assistance for Small Entities                      Constitutionally Protected Property
                                                    Executive Order 12866, Regulatory                          Under section 213(a) of the Small                  Rights.
                                                    Planning and Review, as supplemented                    Business Regulatory Enforcement
                                                    by Executive Order 13563, Improving                     Fairness Act of 1996 (Pub. L. 104–121),               9. Civil Justice Reform
                                                    Regulation and Regulatory Review, and                   we want to assist small entities in                      This proposed rule meets applicable
                                                    does not require an assessment of                       understanding this proposed rule. If the              standards in sections 3(a) and 3(b)(2) of
                                                    potential costs and benefits under                      rule would affect your small business,                Executive Order 12988, Civil Justice
                                                    section 6(a)(3) of Executive Order 12866                organization, or governmental                         Reform, to minimize litigation,
                                                    or under section 1 of Executive Order                   jurisdiction and you have questions                   eliminate ambiguity, and reduce
                                                    13563. The Office of Management and                     concerning its provisions or options for              burden.
                                                    Budget has not reviewed it under those                  compliance, please contact the person
                                                    Orders. The primary impact of these                                                                           10. Protection of Children From
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            listed in the FOR FURTHER INFORMATION                 Environmental Health Risks
                                                    regulations will be on vessels wishing to               CONTACT, above. The Coast Guard will
                                                    transit the affected waterways during                   not retaliate against small entities that               We have analyzed this proposed rule
                                                    the safety zone on the Chesapeake Bay                   question or complain about this rule or               under Executive Order 13045,
                                                    in the vicinity of Cape Charles, VA from                any policy or action of the Coast Guard.              Protection of Children from
                                                    9:30 p.m. until 10 p.m. on August 1,                                                                          Environmental Health Risks and Safety
                                                    2015. Although this safety zone                         4. Collection of Information                          Risks. This rule is not an economically
                                                    temporarily restricts traffic from                         This proposed rule will not call for a             significant rule and does not create an
                                                    transiting a portion of the Chesapeake                  new collection of information under the               environmental risk to health or risk to


                                               VerDate Sep<11>2014   16:19 Mar 20, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\23MRP1.SGM   23MRP1


                                                    15176                   Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules

                                                    safety that may disproportionately affect               PART 165—REGULATED NAVIGATION                         DEPARTMENT OF HOMELAND
                                                    children.                                               AREAS AND LIMITED ACCESS AREAS                        SECURITY
                                                    11. Indian Tribal Governments                           ■ 1. The authority citation for part 165              Coast Guard
                                                       This proposed rule does not have                     continues to read as follows:
                                                    tribal implications under Executive                       Authority: 33 U.S.C. 1231; 46 U.S.C.                33 CFR Part 165
                                                    Order 13175, Consultation and                           Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;          [Docket Number USCG–2014–1079]
                                                    Coordination with Indian Tribal                         33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
                                                                                                            107–295, 116 Stat. 2064; Department of                RIN 1625–AA00
                                                    Governments, because it does not have                   Homeland Security Delegation No. 0170.1.
                                                    a substantial direct effect on one or                                                                         Safety Zone, Daytona Beach Grand
                                                    more Indian tribes, on the relationship                 ■ 2. Add § 165.T05–0048 to read as
                                                                                                            follows:                                              Prix of the Seas; Atlantic Ocean;
                                                    between the Federal Government and                                                                            Daytona Beach, FL
                                                    Indian tribes, or on the distribution of                § 165.T05–0048 Safety Zone, Chesapeake
                                                    power and responsibilities between the                  Bay; Cape Charles, VA.                                AGENCY:   Coast Guard, DHS.
                                                    Federal Government and Indian tribes.                      (a) Definitions. For the purposes of               ACTION:   Notice of proposed rulemaking.
                                                    12. Energy Effects                                      this section, Captain of the Port means               SUMMARY:    The Coast Guard proposes to
                                                                                                            the Commander, Sector Hampton Roads.                  establish a safety zone on the waters of
                                                       This proposed rule is not a                          Representative means any Coast Guard                  the Atlantic Ocean east of Daytona
                                                    ‘‘significant energy action’’ under                     commissioned, warrant or petty officer                Beach, Florida during the Daytona
                                                    Executive Order 13211, Actions                          who has been authorized to act on the                 Beach Grand Prix of the Seas, a series
                                                    Concerning Regulations That                             behalf of the Captain of the Port.                    of high-speed personal watercraft boat
                                                    Significantly Affect Energy Supply,                        (b) Location. The following area is a              races. This proposed safety zone would
                                                    Distribution, or Use.                                   proposed safety zone: Specified waters                be enforced from 7 a.m. on Friday until
                                                                                                            of the Captain of the Port Sector                     7 p.m. on Sunday during the last
                                                    13. Technical Standards                                 Hampton Roads zone, as defined in 33                  weekend in April. Approximately 50
                                                      This proposed rule does not use                       CFR 3.25–10, in the vicinity of the                   high-speed personal watercrafts are
                                                    technical standards. Therefore, we did                  Chesapeake Bay near Cape Charles, VA                  anticipated to participate in the races,
                                                    not consider the use of voluntary                       all waters within a 700 foot radius of                and approximately 20 spectator vessels
                                                    consensus standards.                                    approximate location 37°15′47″ N/                     are expected to attend the event. This
                                                                                                            076°01′29″ W (NAD 1983) which is                      safety zone is necessary to ensure the
                                                    14. Environment                                         located at the end of Bayshore Road in                safety of life on navigable waters of the
                                                                                                            Cape Charles Harbor.                                  United States during the races. The
                                                      We have analyzed this proposed rule                      (c) Regulations. (1) In accordance with            regulated area would consist of the
                                                    under Department of Homeland                            the general regulations in 165.23 of this             following location: All waters of the
                                                    Security Management Directive 023–01                    part, entry into this zone is prohibited              Atlantic Ocean encompassed within the
                                                    and Commandant Instruction                              unless authorized by the Captain of the               following points: starting at Point 1 in
                                                    M16475.lD, which guide the Coast                        Port, Hampton Roads or his designated                 position 29°14.601′ N, 81°00.767′ W;
                                                    Guard in complying with the National                    representatives.                                      thence south to Point 2 in position
                                                    Environmental Policy Act of 1969                           (2) The operator of any vessel in the              29°13.677′ N, 81°00.283′ W; thence east
                                                    (NEPA) (42 U.S.C. 4321–4370f), and                      immediate vicinity of this safety zone                to Point 3 in position 29°13.860′ N,
                                                    have determined that this action is one                 shall:                                                080°59.763′ W; thence north to Point 4
                                                    of a category of actions that do not                       (i) Contact on scene contracting                   in position 29°14.781′ N, 80°59.802′ W;
                                                    individually or cumulatively have a                     vessels via VHF channel 13 and 16 for                 thence west back to origin. All persons
                                                    significant effect on the human                         passage instructions.                                 and vessels, except those persons and
                                                    environment. This proposed rule                            (ii) If on scene proceed as directed by            vessels participating in the high-speed
                                                    involves the establishment of a safety                  any commissioned, warrant or petty                    personal watercraft event, are prohibited
                                                    zone. This proposed rule is categorically               officer on shore or on board a vessel that            from entering, transiting, anchoring, or
                                                    excluded from further review under                      is displaying a U.S. Coast Guard Ensign.              remaining in the regulated area unless
                                                    paragraph 34–g of Figure 2–1 of the                        (3) The Captain of the Port, Hampton               authorized by the Captain of the Port
                                                    Commandant Instruction. An                              Roads can be reached through the Sector               Jacksonville or a designated
                                                    environmental analysis checklist                        Duty Officer at Sector Hampton Roads                  representative.
                                                    supporting this determination and a                     in Portsmouth, Virginia at telephone
                                                    Categorical Exclusion Determination are                 number (757) 668–5555.                                DATES: Comments and related material
                                                    available in the docket where indicated                    (4) The Coast Guard Representatives                must be received by the Coast Guard by
                                                    under ADDRESSES. We seek any                            enforcing the safety zone may be                      April 22, 2015. Requests for public
                                                    comments or information that may lead                   contacted on VHF–FM marine band                       meetings must be received by the Coast
                                                    to the discovery of a significant                       radio channel 13 (165.65Mhz) and                      Guard on or before March 24, 2015.
                                                    environmental impact from this rule.                    channel 16 (156.8 Mhz).                               ADDRESSES: You may submit comments
                                                                                                               (d) Enforcement period. This section               identified by docket number USCG–
                                                    List of Subjects in 33 CFR Part 165
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            will be enforced from 9:30 p.m. until 10              2014–1079 using any one of the
                                                      Harbors, Marine safety, Navigation                    p.m. on August 1, 2015.                               following methods:
                                                    (water), Reporting and recordkeeping                                                                            (1) Federal eRulemaking Portal:
                                                                                                              Dated: March 9, 2015.
                                                    requirements, Security measures,                                                                              http://www.regulations.gov.
                                                                                                            Christopher S. Keane,                                   (2) Fax: 202–493–2251.
                                                    Waterways.                                              Captain, U.S. Coast Guard, Captain of the                Mail or delivery: Docket Management
                                                      For the reasons discussed in the                      Port Hampton Roads.                                   Facility (M–30), U.S. Department of
                                                    preamble, the Coast Guard proposes to                   [FR Doc. 2015–06582 Filed 3–20–15; 8:45 am]           Transportation, West Building Ground
                                                    amend 33 CFR part 165 as follows:                       BILLING CODE 9110–04–P                                Floor, Room W12–140, 1200 New Jersey


                                               VerDate Sep<11>2014   16:19 Mar 20, 2015   Jkt 235001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\23MRP1.SGM   23MRP1



Document Created: 2018-02-21 09:47:33
Document Modified: 2018-02-21 09:47:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 22, 2015.
ContactIf you have questions on this rule, call or email LCDR Gregory Knoll, Waterways Management Division Chief, Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 15174 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR