80_FR_34170 80 FR 34056 - Safety Zone, Chesapeake Bay; Cape Charles, VA

80 FR 34056 - Safety Zone, Chesapeake Bay; Cape Charles, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 114 (June 15, 2015)

Page Range34056-34058
FR Document2015-14631

The Coast Guard is establishing a safety zone on the navigable waters of the Chesapeake Bay in Cape Charles, Virginia. This safety zone will restrict vessel movement in the specified area during the fireworks display. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the fireworks display.

Federal Register, Volume 80 Issue 114 (Monday, June 15, 2015)
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34056-34058]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14631]


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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the Chesapeake Bay in Cape Charles, Virginia. This safety 
zone will restrict vessel movement in the specified area during the 
fireworks display. This action is necessary to provide for the safety 
of life and property on the surrounding navigable waters during the 
fireworks display.

DATES: This rule is effective and enforced from 9:30 p.m. to 10 p.m. on 
August 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0048]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

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 
HamptonRoadsWaterway@uscg.mil. 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. 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

[[Page 34057]]

used for other firework displays throughout the year as published in 33 
CFR 165.506(c). The perimeter of the safety zone and the enforcement 
times remain the same as that from the table, only the day of the week 
will change. A Notice to Proposed Rulemaking was published on March 23, 
2015 in the Federal Register (79 FR 19031).
    The Coast Guard received one comment on the NPRM, which is 
addressed below in Section C. No request for a public meeting was 
received, and no meeting was held.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to propose, establish, and define regulatory safety zones.
    The purpose of this safety zone is to protect the event 
participants, patrol vessels, spectator craft and other vessels 
transiting navigable waters of the Chesapeake Bay from hazards 
associated with a fireworks display. The potential hazards to mariners 
within the safety zone include accidental discharge of fireworks, 
dangerous projectiles, and falling hot embers or other debris.

C. Discussion of the Final Rule

    The Coast Guard received one comment that fully supported the 
proposed actions to put in place a safety zone for the Cape Charles 
Clam Slam Fireworks event.
    The Captain of the Port of Hampton Roads will establish a safety 
zone on the waters of the Chesapeake Bay within a 350 yard radius of 
the center located near the shoreline at position 35[deg]15'47'' N./
076[deg]01'29'' W. (NAD 1983), in the vicinity of Cape Charles Harbor 
in 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 dates and times.
    Except for vessels authorized by the Captain of the Port or his 
Representative, no person or vessel may enter or remain in the safety 
zone during the time frame listed. The Captain of the Port will give 
notice of the enforcement 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.

D. Regulatory Analyses

    We developed this 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 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. Although this safety 
zone restricts vessel traffic through the regulated area, the effect of 
this rule will not be significant because: (i) This rule will only be 
enforced for the limited size and duration of the event; and (ii) the 
Coast Guard will make extensive notification to the maritime community 
via marine information broadcasts so mariners may adjust their plans 
accordingly.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule affects the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in waters of the Chesapeake Bay in the vicinity of 
Cape Charles Harbor during the enforcement period.
    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 of limited size and duration, and (ii) Sector Hampton 
Roads will issue maritime advisories widely available to users of the 
Chesapeake Bay in the vicinity of Cape Charles Harbor allowing mariners 
to adjust their plans accordingly.

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 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.
    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.

4. 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).

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 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

[[Page 34058]]

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This 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 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

    We have analyzed this 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 safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 rule involves the establishment of a safety zone. 
This rule is categorically excluded from further review under paragraph 
34-(g) of Figure 2-1 of the Commandant Instruction. 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 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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; 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. 
Participants mean individuals responsible for launching the fireworks.
    (b) Locations. The following area is a safety zone:
    (1) All waters of the Chesapeake Bay within a 350 yard radius of 
the fireworks display in approximate position 37[deg]15'47'' N., 
076[deg]01'29'' W. and 36[deg]50'30.3678'' N., 076[deg]16'39.936'' W., 
in the vicinity of Cape Charles Harbor in Cape Charles, Virginia.
    (2) [Reserved]
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Hampton Roads or his designated representatives.
    (3) All vessels underway within this safety zone at the time it is 
implemented are to depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative 
can be contacted at telephone number (757) 668-5555.
    (5) The Coast Guard vessels enforcing the safety zone can be 
contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels wishing to 
transit through the safety zone except participants and vessels that 
are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Enforcement period. This rule will be enforced from 9:30 p.m. 
to 10 p.m. on August 1, 2015.

    Dated: May 29, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-14631 Filed 6-12-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                  34056               Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations

                                                  Federalism, if it has a substantial direct              Federal Government and Indian tribes,                  DEPARTMENT OF HOMELAND
                                                  effect on the States, on the relationship               or on the distribution of power and                    SECURITY
                                                  between the national government and                     responsibilities between the Federal
                                                  the States, or on the distribution of                   Government and Indian tribes.                          Coast Guard
                                                  power and responsibilities among the
                                                                                                          11. Energy Effects                                     33 CFR Part 165
                                                  various levels of government. We have
                                                  analyzed this rule under that Order and                   This action is not a ‘‘significant                   [Docket Number USCG–2015–0048]
                                                  have determined that it does not have                   energy action’’ under Executive Order
                                                  implications for federalism.                            13211, Actions Concerning Regulations                  RIN 1625–AA00
                                                                                                          That Significantly Affect Energy Supply,
                                                  5. Protest Activities                                                                                          Safety Zone, Chesapeake Bay; Cape
                                                                                                          Distribution, or Use.
                                                    The Coast Guard respects the First                                                                           Charles, VA
                                                  Amendment rights of protesters.                         12. Technical Standards
                                                                                                                                                                 AGENCY:    Coast Guard, DHS.
                                                  Protesters are asked to contact the                       This rule does not use technical                     ACTION:   Temporary final rule.
                                                  person listed in the FOR FURTHER                        standards. Therefore, we did not
                                                  INFORMATION CONTACT section to                          consider the use of voluntary consensus                SUMMARY:   The Coast Guard is
                                                  coordinate protest activities so that your              standards.                                             establishing a safety zone on the
                                                  message can be received without                                                                                navigable waters of the Chesapeake Bay
                                                  jeopardizing the safety or security of                  13. Environment                                        in Cape Charles, Virginia. This safety
                                                  people, places or vessels.                                 We have analyzed this rule under                    zone will restrict vessel movement in
                                                  6. Unfunded Mandates Reform Act                         Department of Homeland Security                        the specified area during the fireworks
                                                                                                          Management Directive 023–01 and                        display. This action is necessary to
                                                    The Unfunded Mandates Reform Act                      Commandant Instruction M16475.lD,                      provide for the safety of life and
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   which guides the Coast Guard in                        property on the surrounding navigable
                                                  Federal agencies to assess the effects of               complying with the National                            waters during the fireworks display.
                                                  their discretionary regulatory actions. In              Environmental Policy Act of 1969                       DATES: This rule is effective and
                                                  particular, the Act addresses actions                   (NEPA) (42 U.S.C. 4321–4370f), and                     enforced from 9:30 p.m. to 10 p.m. on
                                                  that may result in the expenditure by a                 have concluded that this action is one                 August 1, 2015.
                                                  State, local, or tribal government, in the              of a category of actions that do not                   ADDRESSES: Documents mentioned in
                                                  aggregate, or by the private sector of                  individually or cumulatively have a
                                                  $100,000,000 (adjusted for inflation) or                                                                       this preamble are part of docket [USCG–
                                                                                                          significant effect on the human                        2015–0048]. To view documents
                                                  more in any one year. Though this rule                  environment. This rule involves
                                                  will not result in such an expenditure,                                                                        mentioned in this preamble as being
                                                                                                          amending 33 CFR 117.633 in the                         available in the docket, go to http://
                                                  we do discuss the effects of this rule                  regulations to remove a drawbridge
                                                  elsewhere in this preamble.                                                                                    www.regulations.gov, type the docket
                                                                                                          operating regulation for a drawbridge                  number in the ‘‘SEARCH’’ box and click
                                                  7. Taking of Private Property                           that no longer exists. This rule is                    ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          categorically excluded, under figure 2–                Folder on the line associated with this
                                                    This rule will not cause a taking of
                                                                                                          1, paragraph (32)(e), of the Instruction.              rulemaking. You may also visit the
                                                  private property or otherwise have
                                                  taking implications under Executive                        Under figure 2–1, paragraph (32)(e), of             Docket Management Facility in Room
                                                  Order 12630, Governmental Actions and                   the Instruction, an environmental                      W12–140 on the ground floor of the
                                                  Interference with Constitutionally                      analysis checklist and a categorical                   Department of Transportation West
                                                  Protected Property Rights.                              exclusion determination are not                        Building, 1200 New Jersey Avenue SE.,
                                                                                                          required for this rule.                                Washington, DC 20590, between 9 a.m.
                                                  8. Civil Justice Reform                                                                                        and 5 p.m., Monday through Friday,
                                                                                                          List of Subjects in 33 CFR Part 117
                                                    This rule meets applicable standards                                                                         except Federal holidays.
                                                  in sections 3(a) and 3(b)(2) of Executive                 Bridges.                                             FOR FURTHER INFORMATION CONTACT: If
                                                  Order 12988, Civil Justice Reform, to                     For the reasons discussed in the                     you have questions on this rule, call or
                                                  minimize litigation, eliminate                          preamble, the Coast Guard amends 33                    email LCDR Gregory Knoll, Waterways
                                                  ambiguity, and reduce burden.                           CFR part 117 as follows:                               Management Division Chief, Sector
                                                                                                                                                                 Hampton Roads, Coast Guard; telephone
                                                  9. Protection of Children
                                                                                                          PART 117—DRAWBRIDGE                                    (757) 668–5580, email
                                                    We have analyzed this rule under                      OPERATION REGULATIONS                                  HamptonRoadsWaterway@uscg.mil. If
                                                  Executive Order 13045, Protection of                                                                           you have questions on viewing or
                                                  Children from Environmental Health                      ■ 1. The authority citation for part 117               submitting material to the docket, call
                                                  Risks and Safety Risks. This rule is not                continues to read as follows:                          Cheryl Collins, Program Manager,
                                                  an economically significant rule and                      Authority: 33 U.S.C. 499; 33 CFR 1.05–1;             Docket Operations, telephone (202)
                                                  does not create an environmental risk to                and Department of Homeland Security                    366–9826.
                                                  health or risk to safety that might                     Delegation No. 0170.1.                                 SUPPLEMENTARY INFORMATION:
                                                  disproportionately affect children.
                                                                                                          § 117.633    [Amended]                                 Table of Acronyms
                                                  10. Indian Tribal Governments
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                                                                                                          ■   2. In § 117.633, remove paragraph (d).             DHS Department of Homeland Security
                                                     This rule does not have tribal                                                                              FR Federal Register
                                                  implications under Executive Order                        Dated: June 2, 2015.
                                                                                                                                                                 NPRM Notice of Proposed Rulemaking
                                                  13175, Consultation and Coordination                    F.M. Midgette,
                                                  with Indian Tribal Governments,                         Rear Admiral, U.S. Coast Guard, Commander,             A. Regulatory History and Information
                                                  because it does not have a substantial                  Ninth Coast Guard District.                              The town of Cape Charles has not
                                                  direct effect on one or more Indian                     [FR Doc. 2015–14638 Filed 6–12–15; 8:45 am]            held a Clam Slam Fireworks display in
                                                  tribes, on the relationship between the                 BILLING CODE 9110–04–P                                 the past. However, this same location is


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                                                                      Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations                                          34057

                                                  used for other firework displays                        D. Regulatory Analyses                                 3. Assistance for Small Entities
                                                  throughout the year as published in 33                                                                            Under section 213(a) of the Small
                                                  CFR 165.506(c). The perimeter of the                      We developed this rule after
                                                                                                          considering numerous statutes and                      Business Regulatory Enforcement
                                                  safety zone and the enforcement times                                                                          Fairness Act of 1996 (Pub. L. 104–121),
                                                  remain the same as that from the table,                 executive orders related to rulemaking.
                                                                                                          Below we summarize our analyses                        we want to assist small entities in
                                                  only the day of the week will change.                                                                          understanding this rule. If the rule
                                                  A Notice to Proposed Rulemaking was                     based on these statutes and executive
                                                                                                          orders.                                                would affect your small business,
                                                  published on March 23, 2015 in the                                                                             organization, or governmental
                                                  Federal Register (79 FR 19031).                         1. Regulatory Planning and Review                      jurisdiction and you have questions
                                                    The Coast Guard received one                                                                                 concerning its provisions or options for
                                                                                                            This rule is not a significant                       compliance, please contact the person
                                                  comment on the NPRM, which is                           regulatory action under section 3(f) of
                                                  addressed below in Section C. No                                                                               listed in the FOR FURTHER INFORMATION
                                                                                                          Executive Order 12866, Regulatory                      CONTACT, above.
                                                  request for a public meeting was                        Planning and Review, as supplemented
                                                  received, and no meeting was held.                                                                                Small businesses may send comments
                                                                                                          by Executive Order 13563, Improving                    on the actions of Federal employees
                                                  B. Basis and Purpose                                    Regulation and Regulatory Review, and                  who enforce, or otherwise determine
                                                                                                          does not require an assessment of                      compliance with, Federal regulations to
                                                     The legal basis and authorities for this             potential costs and benefits under                     the Small Business and Agriculture
                                                  rule are found in 33 U.S.C. 1231; 33 CFR                section 6(a)(3) of Executive Order 12866               Regulatory Enforcement Ombudsman
                                                  1.05–1, 6.04–1, 160.5; Department of                    or under section 1 of Executive Order                  and the Regional Small Business
                                                  Homeland Security Delegation No.                        13563. The Office of Management and                    Regulatory Fairness Boards. The
                                                  0170.1, which collectively authorize the                Budget has not reviewed it under those                 Ombudsman evaluates these actions
                                                  Coast Guard to propose, establish, and                  Orders. Although this safety zone                      annually and rates each agency’s
                                                  define regulatory safety zones.                         restricts vessel traffic through the                   responsiveness to small business. If you
                                                     The purpose of this safety zone is to                regulated area, the effect of this rule will           wish to comment on actions by
                                                  protect the event participants, patrol                  not be significant because: (i) This rule              employees of the Coast Guard, call 1–
                                                  vessels, spectator craft and other vessels              will only be enforced for the limited                  888–REG–FAIR (1–888–734–3247). The
                                                  transiting navigable waters of the                      size and duration of the event; and (ii)               Coast Guard will not retaliate against
                                                  Chesapeake Bay from hazards associated                  the Coast Guard will make extensive                    small entities that question or complain
                                                  with a fireworks display. The potential                 notification to the maritime community                 about this rule or any policy or action
                                                  hazards to mariners within the safety                   via marine information broadcasts so                   of the Coast Guard.
                                                  zone include accidental discharge of                    mariners may adjust their plans
                                                                                                          accordingly.                                           4. Collection of Information
                                                  fireworks, dangerous projectiles, and
                                                  falling hot embers or other debris.                                                                               This rule will not call for a new
                                                                                                          2. Impact on Small Entities
                                                                                                                                                                 collection of information under the
                                                  C. Discussion of the Final Rule                            The Regulatory Flexibility Act of 1980              Paperwork Reduction Act of 1995 (44
                                                                                                          (RFA), 5 U.S.C. 601–612, as amended,                   U.S.C. 3501–3520).
                                                     The Coast Guard received one                         requires federal agencies to consider the
                                                  comment that fully supported the                                                                               5. Federalism
                                                                                                          potential impact of regulations on small
                                                  proposed actions to put in place a safety               entities during rulemaking. The term                      A rule has implications for federalism
                                                  zone for the Cape Charles Clam Slam                     ‘‘small entities’’ comprises small                     under Executive Order 13132,
                                                  Fireworks event.                                        businesses, not-for-profit organizations               Federalism, if it has a substantial direct
                                                     The Captain of the Port of Hampton                   that are independently owned and                       effect on the States, on the relationship
                                                  Roads will establish a safety zone on the               operated and are not dominant in their                 between the national government and
                                                  waters of the Chesapeake Bay within a                   fields, and governmental jurisdictions                 the States, or on the distribution of
                                                  350 yard radius of the center located                   with populations of less than 50,000.                  power and responsibilities among the
                                                  near the shoreline at position 35°15′47″                The Coast Guard certifies under 5 U.S.C.               various levels of government. We have
                                                  N./076°01′29″ W. (NAD 1983), in the                     605(b) that this rule will not have a                  analyzed this rule under that Order and
                                                  vicinity of Cape Charles Harbor in Cape                 significant economic impact on a                       determined that this rule does not have
                                                  Charles, Virginia. This safety zone will                substantial number of small entities.                  implications for federalism.
                                                  be enforced on August 1, 2015 between                   This rule affects the following entities,              6. Protest Activities
                                                  the hours of 9:30 p.m. and 10 p.m.                      some of which might be small entities:
                                                                                                                                                                    The Coast Guard respects the First
                                                  Access to the safety zone will be                       The owners or operators of vessels
                                                                                                                                                                 Amendment rights of protesters.
                                                  restricted during the specified dates and               intending to transit or anchor in waters
                                                                                                                                                                 Protesters are asked to contact the
                                                  times.                                                  of the Chesapeake Bay in the vicinity of
                                                                                                                                                                 person listed in the FOR FURTHER
                                                     Except for vessels authorized by the                 Cape Charles Harbor during the
                                                                                                                                                                 INFORMATION CONTACT section to
                                                  Captain of the Port or his                              enforcement period.
                                                                                                                                                                 coordinate protest activities so that your
                                                  Representative, no person or vessel may                    This safety zone will not have a                    message can be received without
                                                  enter or remain in the safety zone                      significant economic impact on a                       jeopardizing the safety or security of
                                                  during the time frame listed. The                       substantial number of small entities for               people, places or vessels.
                                                  Captain of the Port will give notice of                 the following reasons: (i) The safety
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                                                  the enforcement of the safety zone by all               zone is of limited size and duration, and              7. Unfunded Mandates Reform Act
                                                  appropriate means to provide the widest                 (ii) Sector Hampton Roads will issue                      The Unfunded Mandates Reform Act
                                                  dissemination of notice among the                       maritime advisories widely available to                of 1995 (2 U.S.C. 1531–1538) requires
                                                  affected segments of the public. This                   users of the Chesapeake Bay in the                     Federal agencies to assess the effects of
                                                  will include publication in the Local                   vicinity of Cape Charles Harbor                        their discretionary regulatory actions. In
                                                  Notice to Mariners and Marine                           allowing mariners to adjust their plans                particular, the Act addresses actions
                                                  Information Broadcasts.                                 accordingly.                                           that may result in the expenditure by a


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                                                  34058               Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations

                                                  State, local, or tribal government, in the              of a category of actions that do not                   contacted at telephone number (757)
                                                  aggregate, or by the private sector of                  individually or cumulatively have a                    668–5555.
                                                  $100,000,000 (adjusted for inflation) or                significant effect on the human                          (5) The Coast Guard vessels enforcing
                                                  more in any one year. Though this rule                  environment. This rule involves the                    the safety zone can be contacted on
                                                  will not result in such expenditure, we                 establishment of a safety zone. This rule              VHF–FM marine band radio channel 13
                                                  do discuss the effects of this rule                     is categorically excluded from further                 (165.65Mhz) and channel 16 (156.8
                                                  elsewhere in this preamble.                             review under paragraph 34–(g) of Figure                Mhz).
                                                                                                          2–1 of the Commandant Instruction. We                    (6) This section applies to all persons
                                                  8. Taking of Private Property                                                                                  or vessels wishing to transit through the
                                                                                                          seek any comments or information that
                                                    This rule will not cause a taking of                  may lead to the discovery of a                         safety zone except participants and
                                                  private property or otherwise have                      significant environmental impact from                  vessels that are engaged in the following
                                                  taking implications under Executive                     this rule.                                             operations:
                                                  Order 12630, Governmental Actions and                                                                            (i) Enforcing laws;
                                                  Interference with Constitutionally                      List of Subjects in 33 CFR Part 165                      (ii) Servicing aids to navigation; and
                                                  Protected Property Rights.                                Harbors, Marine safety, Navigation                     (iii) Emergency response vessels.
                                                                                                          (water), Reporting and recordkeeping                     (7) The U.S. Coast Guard may be
                                                  9. Civil Justice Reform                                 requirements, Security measures,                       assisted in the patrol and enforcement
                                                    This rule meets applicable standards                  Waterways.                                             of the safety zone by Federal, State, and
                                                  in sections 3(a) and 3(b)(2) of Executive                                                                      local agencies.
                                                                                                            For the reasons discussed in the                       (d) Enforcement period. This rule will
                                                  Order 12988, Civil Justice Reform, to                   preamble, the Coast Guard amends 33                    be enforced from 9:30 p.m. to 10 p.m.
                                                  minimize litigation, eliminate                          CFR part 165 as follows:                               on August 1, 2015.
                                                  ambiguity, and reduce burden.
                                                                                                          PART 165—REGULATED NAVIGATION                            Dated: May 29, 2015.
                                                  10. Protection of Children                                                                                     Christopher S. Keane,
                                                                                                          AREAS AND LIMITED ACCESS AREAS
                                                    We have analyzed this rule under                                                                             Captain, U.S. Coast Guard, Captain of the
                                                  Executive Order 13045, Protection of                    ■ 1. The authority citation for part 165               Port Hampton Roads.
                                                  Children from Environmental Health                      continues to read as follows:                          [FR Doc. 2015–14631 Filed 6–12–15; 8:45 am]
                                                  Risks and Safety Risks. This rule is not                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            BILLING CODE 9110–04–P
                                                  an economically significant rule and                    33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                  does not create an environmental risk to                Department of Homeland Security Delegation
                                                  health or risk to safety that may                       No. 0170.1.                                            DEPARTMENT OF HOMELAND
                                                  disproportionately affect children.                     ■ 2. Add § 165.T05–0048 to read as                     SECURITY
                                                  11. Indian Tribal Governments                           follows:                                               Coast Guard
                                                     This rule does not have tribal                       § 165.T05–0048 Safety Zone, Chesapeake
                                                  implications under Executive Order                      Bay; Cape Charles, VA.                                 33 CFR Part 165
                                                  13175, Consultation and Coordination                       (a) Definitions. For the purposes of                [Docket Number USCG–2015–0434]
                                                  with Indian Tribal Governments,                         this section, Captain of the Port means
                                                  because it does not have a substantial                  the Commander, Sector Hampton Roads.                   RIN 1625–AA00
                                                  direct effect on one or more Indian                     Representative means any Coast Guard                   Safety Zone; Salvage and Recovery of
                                                  tribes, on the relationship between the                 commissioned, warrant or petty officer                 CSS Georgia and Recovery and Transit
                                                  Federal Government and Indian tribes,                   who has been authorized to act on the                  of Unexploded Ordnance, Savannah
                                                  or on the distribution of power and                     behalf of the Captain of the Port.                     River, Savannah, GA
                                                  responsibilities between the Federal                    Participants mean individuals
                                                  Government and Indian tribes.                           responsible for launching the fireworks.               AGENCY:    Coast Guard, DHS.
                                                  12. Energy Effects                                         (b) Locations. The following area is a              ACTION:   Temporary final rule.
                                                                                                          safety zone:
                                                    This action is not a ‘‘significant                       (1) All waters of the Chesapeake Bay                SUMMARY:   The Coast Guard is
                                                  energy action’’ under Executive Order                   within a 350 yard radius of the                        establishing a temporary safety zone on
                                                  13211, Actions Concerning Regulations                   fireworks display in approximate                       the Savannah River, in Savannah, GA. A
                                                  That Significantly Affect Energy Supply,                position 37°15′47″ N., 076°01′29″ W.                   stationary safety zone will be enforced
                                                  Distribution, or Use.                                   and 36°50′30.3678″ N., 076°16′39.936″                  around the BARGE SALONAN in the
                                                                                                          W., in the vicinity of Cape Charles                    area of Buoy 52A, while the United
                                                  13. Technical Standards                                                                                        States Navy commences dive and
                                                                                                          Harbor in Cape Charles, Virginia.
                                                    This rule does not use technical                         (2) [Reserved]                                      salvage operations to salvage CSS
                                                  standards. Therefore, we did not                           (c) Regulations. (1) All persons are                GEORGIA. A moving safety zone will be
                                                  consider the use of voluntary consensus                 required to comply with the general                    enforced while unexploded ordnance is
                                                  standards.                                              regulations governing safety zones in                  salvaged and transited for disposal to
                                                                                                          § 165.23.                                              Tide Gate Landing, approximately two
                                                  14. Environment                                                                                                mile transit from the salvage site. This
                                                                                                             (2) With the exception of participants,
                                                    We have analyzed this rule under                      entry into or remaining in this safety                 regulation is necessary to protect life,
                                                  Department of Homeland Security                                                                                and property on the navigable waters of
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                          zone is prohibited unless authorized by
                                                  Management Directive 023–01 and                         the Captain of the Port, Hampton Roads                 the Savannah River due to the hazards
                                                  Commandant Instruction M16475.lD,                       or his designated representatives.                     associated with diving and salvage
                                                  which guide the Coast Guard in                             (3) All vessels underway within this                operations, and hazards associated with
                                                  complying with the National                             safety zone at the time it is implemented              recovery and transportation of
                                                  Environmental Policy Act of 1969                        are to depart the zone immediately.                    unexploded ordnance.
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                         (4) The Captain of the Port, Hampton                DATES: This rule is effective without
                                                  have determined that this action is one                 Roads or his representative can be                     actual notice from June 15, 2015 until


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Document Created: 2015-12-15 15:14:10
Document Modified: 2015-12-15 15:14:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective and enforced from 9:30 p.m. to 10 p.m. on August 1, 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 34056 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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