81_FR_34382 81 FR 34278 - Safety Zone; Chesapeake Bay, Cape Charles, VA

81 FR 34278 - Safety Zone; Chesapeake Bay, Cape Charles, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 104 (May 31, 2016)

Page Range34278-34280
FR Document2016-12720

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 a 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 81 Issue 104 (Tuesday, May 31, 2016)
[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34278-34280]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12720]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0319]
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 a 
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 8 p.m. through 8:30 
p.m. on July 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0319 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Barbara Wilk, Waterways Management Division Chief, 
Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email 
HamptonRoadsWaterway@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule is impracticable, because information about 
the fireworks on July 2, 2016 was not received by the Coast Guard with 
sufficient time to allow for an opportunity to comment on the proposed 
rule. Publishing an NPRM would also be contrary to the public interest 
as immediate action is needed to ensure the safety of the fireworks 
participants, patrol vessels, and other vessels transiting the 
fireworks display area. The Coast Guard will provide advance 
notifications to users of the affected waterway via marine information 
broadcasts and local notice to mariners. For the same reasons, we find 
good cause, under 5 U.S.C. 553(d)(3), for making this rule effective 
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Hampton Roads (COTP) has determine that 
potential hazards associated with the fireworks display starting on 
July 2, 2016 will be a safety concern for anyone within a 420-foot 
radius of the fireworks barge. This rule is needed to protect the 
participants, patrol vessels, and other vessels transiting the 
navigable waters of the Chesapeake Bay, in the vicinity of the Sunset 
Beach Resort in Cape Charles, VA 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.

IV. Discussion of the Rule

    The Captain of the Port of Hampton Roads is establishing a safety 
zone on the Chesapeake Bay, in the vicinity of the Sunset Beach Resort, 
in Cape Charles, VA. The safety zone will encompass all navigable 
waters within a 420 foot radius of the fireworks display barge 
location. This safety zone still allows for navigation on the waterway. 
This safety zone will be effective and enforced from 8 p.m. through 
8:30 p.m. on July 2, 2016. Access to the safety zone will be restricted 
during the effective period. Except for participants and vessels 
authorized by the Captain of the Port or his Representative, no person 
or vessel may enter or remain in the regulated area.
    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 to the affected segments of the public. This 
includes publication in the Local Notice to Mariners and Marine 
Information Broadcasts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 34279]]

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting less than 2 hours that will 
prohibit entry within 420 feet of the fireworks display. It 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.

G. 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.

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.T05-0319 to read as follows:


Sec.  165.T05-0319  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 and vessels involved in explosives 
training.
    (b) Locations. The following area is a safety zone:
    (1) All waters in the vicinity of the of the Sunset Beach Resort, 
on the Chesapeake Bay, within a 420 foot radius of the fireworks 
display barge in approximate position 37[deg]08'12'' N., 
075[deg]58'34'' W. (NAD 1983).
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23 of this 
part.
    (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 and designated security 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

[[Page 34280]]

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 section will be enforced from 8 p.m. 
through 8:30 p.m. on July 2, 2016.

    Dated: May 17, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-12720 Filed 5-27-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  34278              Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

                                                  emergencies and there is no immediate                   SUPPLEMENTARY INFORMATION:                            fireworks, dangerous projectiles, and
                                                  alternate route for vessels to pass. The                                                                      falling hot embers or other debris.
                                                                                                          I. Table of Abbreviations
                                                  Coast Guard will also inform the users
                                                                                                                                                                IV. Discussion of the Rule
                                                  of the waterways through our Local and                  CFR Code of Federal Regulations
                                                  Broadcast Notices to Mariners of the                    DHS Department of Homeland Security                      The Captain of the Port of Hampton
                                                  change in operating schedule for the                    E.O. Executive order                                  Roads is establishing a safety zone on
                                                  bridge so that vessel operators can                     FR Federal Register                                   the Chesapeake Bay, in the vicinity of
                                                                                                          NPRM Notice of proposed rulemaking                    the Sunset Beach Resort, in Cape
                                                  arrange their transit to minimize any
                                                                                                          Pub. L. Public Law
                                                  impact caused by the temporary                                                                                Charles, VA. The safety zone will
                                                                                                          § Section
                                                  deviation.                                              U.S.C. United States Code                             encompass all navigable waters within a
                                                     In accordance with 33 CFR 117.35(e),                                                                       420 foot radius of the fireworks display
                                                  the drawbridge must return to its regular               II. Background Information and                        barge location. This safety zone still
                                                  operating schedule immediately at the                   Regulatory History                                    allows for navigation on the waterway.
                                                  end of the effective period of this                        The Coast Guard is issuing this                    This safety zone will be effective and
                                                  temporary deviation. This deviation                     temporary rule without prior notice and               enforced from 8 p.m. through 8:30 p.m.
                                                  from the operating regulations is                       opportunity to comment pursuant to                    on July 2, 2016. Access to the safety
                                                  authorized under 33 CFR 117.35.                         authority under section 4(a) of the                   zone will be restricted during the
                                                    Dated: May 24, 2016.                                  Administrative Procedure Act (APA) (5                 effective period. Except for participants
                                                  Hal R. Pitts,                                           U.S.C. 553(b)). This provision                        and vessels authorized by the Captain of
                                                  Bridge Program Manager, Fifth Coast Guard               authorizes an agency to issue a rule                  the Port or his Representative, no person
                                                  District.                                               without prior notice and opportunity to               or vessel may enter or remain in the
                                                  [FR Doc. 2016–12653 Filed 5–27–16; 8:45 am]             comment when the agency for good                      regulated area.
                                                                                                          cause finds that those procedures are                    The Captain of the Port will give
                                                  BILLING CODE 9110–04–P
                                                                                                          ‘‘impracticable, unnecessary, or contrary             notice of the enforcement of the safety
                                                                                                          to the public interest.’’ Under 5 U.S.C.              zone by all appropriate means to
                                                  DEPARTMENT OF HOMELAND                                  553(b)(B), the Coast Guard finds that                 provide the widest dissemination of
                                                  SECURITY                                                good cause exists for not publishing a                notice to the affected segments of the
                                                                                                          notice of proposed rulemaking (NPRM)                  public. This includes publication in the
                                                  Coast Guard                                             with respect to this rule is                          Local Notice to Mariners and Marine
                                                                                                          impracticable, because information                    Information Broadcasts.
                                                  33 CFR Part 165                                         about the fireworks on July 2, 2016 was               V. Regulatory Analyses
                                                  [Docket Number USCG–2016–0319]                          not received by the Coast Guard with                    We developed this rule after
                                                                                                          sufficient time to allow for an                       considering numerous statutes and
                                                  RIN 1625–AA00
                                                                                                          opportunity to comment on the                         executive orders (E.O.s) related to
                                                  Safety Zone; Chesapeake Bay, Cape                       proposed rule. Publishing an NPRM                     rulemaking. Below we summarize our
                                                  Charles, VA                                             would also be contrary to the public                  analyses based on a number of these
                                                                                                          interest as immediate action is needed                statutes and E.O.s, and we discuss First
                                                  AGENCY:    Coast Guard, DHS.                            to ensure the safety of the fireworks                 Amendment rights of protestors.
                                                  ACTION:   Temporary final rule.                         participants, patrol vessels, and other
                                                                                                          vessels transiting the fireworks display              A. Regulatory Planning and Review
                                                  SUMMARY:   The Coast Guard is                           area. The Coast Guard will provide
                                                  establishing a safety zone on the                                                                                E.O.s 12866 and 13563 direct agencies
                                                                                                          advance notifications to users of the                 to assess the costs and benefits of
                                                  navigable waters of the Chesapeake Bay                  affected waterway via marine
                                                  in Cape Charles, Virginia. This safety                                                                        available regulatory alternatives and, if
                                                                                                          information broadcasts and local notice               regulation is necessary, to select
                                                  zone will restrict vessel movement in                   to mariners. For the same reasons, we
                                                  the specified area during a fireworks                                                                         regulatory approaches that maximize
                                                                                                          find good cause, under 5 U.S.C.                       net benefits. E.O. 13563 emphasizes the
                                                  display. This action is necessary to                    553(d)(3), for making this rule effective
                                                  provide for the safety of life and                                                                            importance of quantifying both costs
                                                                                                          less than 30 days after publication in the            and benefits, of reducing costs, of
                                                  property on the surrounding navigable                   Federal Register.
                                                  waters during the fireworks display.                                                                          harmonizing rules, and of promoting
                                                                                                          III. Legal Authority and Need for Rule                flexibility. This rule has not been
                                                  DATES: This rule is effective and
                                                                                                                                                                designated a ‘‘significant regulatory
                                                  enforced from 8 p.m. through 8:30 p.m.                     The Coast Guard is issuing this rule               action,’’ under E.O. 12866. Accordingly,
                                                  on July 2, 2016.                                        under authority in 33 U.S.C. 1231. The                it has not been reviewed by the Office
                                                  ADDRESSES: To view documents                            Captain of the Port Hampton Roads                     of Management and Budget.
                                                  mentioned in this preamble as being                     (COTP) has determine that potential                      Although this safety zone restricts
                                                  available in the docket, go to http://                  hazards associated with the fireworks                 vessel traffic through the regulated area,
                                                  www.regulations.gov, type USCG–2016–                    display starting on July 2, 2016 will be              the effect of this rule will not be
                                                  0319 in the ‘‘SEARCH’’ box and click                    a safety concern for anyone within a                  significant because: (i) This rule will
                                                  ‘‘SEARCH.’’ Click on Open Docket                        420-foot radius of the fireworks barge.               only be enforced for the limited size and
                                                  Folder on the line associated with this                 This rule is needed to protect the                    duration of the event; and (ii) the Coast
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  rule.                                                   participants, patrol vessels, and other               Guard will make extensive notification
                                                  FOR FURTHER INFORMATION CONTACT: If                     vessels transiting the navigable waters               to the maritime community via marine
                                                  you have questions on this rule, call or                of the Chesapeake Bay, in the vicinity of             information broadcasts so mariners may
                                                  email LCDR Barbara Wilk, Waterways                      the Sunset Beach Resort in Cape                       adjust their plans accordingly.
                                                  Management Division Chief, Sector                       Charles, VA from hazards associated
                                                  Hampton Roads, U.S. Coast Guard;                        with a fireworks display. The potential               B. Impact on Small Entities
                                                  telephone 757–668–5580, email                           hazards to mariners within the safety                   The Regulatory Flexibility Act of
                                                  HamptonRoadsWaterway@uscg.mil.                          zone include accidental discharge of                  1980, 5 U.S.C. 601–612, as amended,


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                                                                     Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations                                           34279

                                                  requires Federal agencies to consider                   fundamental federalism principles and                 INFORMATION CONTACT   section to
                                                  the potential impact of regulations on                  preemption requirements described in                  coordinate protest activities so that your
                                                  small entities during rulemaking. The                   E.O. 13132.                                           message can be received without
                                                  term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal                jeopardizing the safety or security of
                                                  businesses, not-for-profit organizations                implications under E.O. 13175,                        people, places or vessels.
                                                  that are independently owned and                        Consultation and Coordination with
                                                                                                          Indian Tribal Governments, because it                 List of Subjects in 33 CFR Part 165
                                                  operated and are not dominant in their
                                                  fields, and governmental jurisdictions                  does not have a substantial direct effect               Harbors, Marine safety, Navigation
                                                  with populations of less than 50,000.                   on one or more Indian tribes, on the                  (water), Reporting and recordkeeping
                                                  The Coast Guard certifies under 5 U.S.C.                relationship between the Federal                      requirements, Security measures,
                                                  605(b) that this rule will not have a                   Government and Indian tribes, or on the               Waterways.
                                                  significant economic impact on a                        distribution of power and                               For the reasons discussed in the
                                                  substantial number of small entities.                   responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                                     While some owners or operators of                    Government and Indian tribes. If you                  CFR part 165 as follows:
                                                  vessels intending to transit the safety                 believe this rule has implications for
                                                  zone may be small entities, for the                     federalism or Indian tribes, please                   PART 165—REGULATED NAVIGATION
                                                  reasons stated in section V.A above, this               contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                                  rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                                  economic impact on any vessel owner                                                                           ■ 1. The authority citation for part 165
                                                                                                          above.
                                                  or operator.                                                                                                  continues to read as follows:
                                                     Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 Department of Homeland Security Delegation
                                                                                                          Federal agencies to assess the effects of             No. 0170.1.
                                                  we want to assist small entities in
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In            ■ 2. Add § 165.T05–0319 to read as
                                                  would affect your small business,                       particular, the Act addresses actions                 follows:
                                                  organization, or governmental                           that may result in the expenditure by a
                                                                                                                                                                § 165.T05–0319 Safety Zone, Chesapeake
                                                  jurisdiction and you have questions                     State, local, or tribal government, in the            Bay; Cape Charles, VA.
                                                  concerning its provisions or options for                aggregate, or by the private sector of
                                                                                                                                                                  (a) Definitions. For the purposes of
                                                  compliance, please contact the person                   $100,000,000 (adjusted for inflation) or
                                                                                                                                                                this section, Captain of the Port means
                                                  listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                                                                                                                                                the Commander, Sector Hampton Roads.
                                                  CONTACT section.                                        will not result in such an expenditure,
                                                                                                                                                                Representative means any Coast Guard
                                                     Small businesses may send comments                   we do discuss the effects of this rule
                                                                                                                                                                commissioned, warrant or petty officer
                                                  on the actions of Federal employees                     elsewhere in this preamble.
                                                                                                                                                                who has been authorized to act on the
                                                  who enforce, or otherwise determine
                                                                                                          F. Environment                                        behalf of the Captain of the Port.
                                                  compliance with, Federal regulations to
                                                                                                             We have analyzed this rule under                   Participants mean individuals and
                                                  the Small Business and Agriculture
                                                                                                          Department of Homeland Security                       vessels involved in explosives training.
                                                  Regulatory Enforcement Ombudsman                                                                                (b) Locations. The following area is a
                                                  and the Regional Small Business                         Management Directive 023–01 and
                                                                                                          Commandant Instruction M16475.lD,                     safety zone:
                                                  Regulatory Fairness Boards. The                                                                                 (1) All waters in the vicinity of the of
                                                  Ombudsman evaluates these actions                       which guide the Coast Guard in
                                                                                                                                                                the Sunset Beach Resort, on the
                                                  annually and rates each agency’s                        complying with the National
                                                                                                                                                                Chesapeake Bay, within a 420 foot
                                                  responsiveness to small business. If you                Environmental Policy Act of 1969 (42
                                                                                                                                                                radius of the fireworks display barge in
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                          approximate position 37°08′12″ N.,
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a               075°58′34″ W. (NAD 1983).
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                         (c) Regulations. (1) All persons are
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                   required to comply with the general
                                                  small entities that question or complain                significant effect on the human                       regulations governing safety zones in
                                                  about this rule or any policy or action                 environment. This rule involves a safety              § 165.23 of this part.
                                                  of the Coast Guard.                                     zone lasting less than 2 hours that will                (2) With the exception of participants,
                                                                                                          prohibit entry within 420 feet of the                 entry into or remaining in this safety
                                                  C. Collection of Information                            fireworks display. It is categorically                zone is prohibited unless authorized by
                                                    This rule will not call for a new                     excluded from further review under                    the Captain of the Port, Hampton Roads
                                                  collection of information under the                     paragraph 34(g) of Figure 2–1 of the                  or his designated representatives.
                                                  Paperwork Reduction Act of 1995 (44                     Commandant Instruction. An                              (3) All vessels underway within this
                                                  U.S.C. 3501–3520).                                      environmental analysis checklist                      safety zone at the time it is implemented
                                                                                                          supporting this determination and a                   are to depart the zone immediately.
                                                  D. Federalism and Indian Tribal
                                                                                                          Categorical Exclusion Determination are                 (4) The Captain of the Port, Hampton
                                                  Governments
                                                                                                          available in the docket where indicated               Roads or his representative can be
                                                     A rule has implications for federalism               under ADDRESSES. We seek any                          contacted at telephone number (757)
                                                  under E.O. 13132, Federalism, if it has                 comments or information that may lead                 668–5555.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  a substantial direct effect on the States,              to the discovery of a significant                       (5) The Coast Guard and designated
                                                  on the relationship between the national                environmental impact from this rule.                  security vessels enforcing the safety
                                                  government and the States, or on the                                                                          zone can be contacted on VHF–FM
                                                  distribution of power and                               G. Protest Activities                                 marine band radio channel 13
                                                  responsibilities among the various                        The Coast Guard respects the First                  (165.65Mhz) and channel 16 (156.8
                                                  levels of government. We have analyzed                  Amendment rights of protesters.                       Mhz).
                                                  this rule under that Order and have                     Protesters are asked to contact the                     (6) This section applies to all persons
                                                  determined that it is consistent with the               person listed in the FOR FURTHER                      or vessels wishing to transit through the


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                                                  34280              Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

                                                  safety zone except participants and                     email LCDR Sean Peterson, Chief of                    III. Legal Authority and Need for Rule
                                                  vessels that are engaged in the following               Prevention, Sector Upper Mississippi                     The Coast Guard is issuing this rule
                                                  operations:                                             River, U.S. Coast Guard; telephone 314–               under authority in 33 U.S.C. 1231. The
                                                    (i) Enforcing laws;                                   269–2332, email Sean.M.Peterson@                      COTP has determined that potential
                                                    (ii) Servicing aids to navigation, and                uscg.mil.                                             hazards associated with fireworks
                                                    (iii) Emergency response vessels.                                                                           displays taking place on or over these
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                    (7) The U.S. Coast Guard may be                                                                             sections of navigable waterway will be
                                                  assisted in the patrol and enforcement                  I. Table of Abbreviations                             a safety concern for anyone within the
                                                  of the safety zone by Federal, State, and                                                                     areas that are designated as the safety
                                                                                                          CFR Code of Federal Regulations
                                                  local agencies.                                         COTP Captain of the Port                              zones. This rule is needed to protect
                                                    (d) Enforcement Period. This section                  DHS Department of Homeland Security                   personnel, vessels, and the marine
                                                  will be enforced from 8 p.m. through                    FR Federal Register                                   environment in the navigable waters
                                                  8:30 p.m. on July 2, 2016.                              NPRM Notice of proposed rulemaking                    within the safety zones during the
                                                    Dated: May 17, 2016.                                  § Section                                             fireworks displays.
                                                                                                          U.S.C. United States Code
                                                  Christopher S. Keane,                                                                                         IV. Discussion of the Rule
                                                  Captain, U.S. Coast Guard, Captain of the               II. Background Information and
                                                  Port Hampton Roads.                                     Regulatory History                                       This rule establishes four safety zones
                                                                                                                                                                as follows:
                                                  [FR Doc. 2016–12720 Filed 5–27–16; 8:45 am]
                                                                                                             The Coast Guard is issuing this                       (1) From 7:45 p.m. until 9 p.m. on
                                                  BILLING CODE 9110–04–P
                                                                                                          temporary rule without prior notice and               June 2, 2016, for the Ribbon Cutting
                                                                                                          opportunity to comment pursuant to                    Celebration for the Completion of the
                                                                                                          authority under section 4(a) of the                   Riverfront Component for the Great
                                                  DEPARTMENT OF HOMELAND
                                                                                                          Administrative Procedure Act (APA) (5                 Rivers Greenway barge based fireworks
                                                  SECURITY
                                                                                                          U.S.C. 553(b)). This provision                        display, all waters of the UMR from
                                                  Coast Guard                                             authorizes an agency to issue a rule                  mile 179.2 to 180;
                                                                                                          without prior notice and opportunity to                  (2) from 9 p.m. until 11 p.m. on June
                                                  33 CFR Part 165                                         comment when the agency finds good                    11, 2016, for the St. Louis Brewers Guild
                                                                                                          cause that those procedures are                       barge based fireworks display, all waters
                                                  [Docket Number USCG–2016–0354]                          ‘‘impracticable, unnecessary, or contrary             of the UMR from mile 179.2 to 180.5;
                                                                                                          to the public interest.’’ Under 5 U.S.C.                 (3) from 8:30 p.m. until 11 p.m. on
                                                  RIN 1625–AA00
                                                                                                          553(b)(B), the Coast Guard finds that                 July 3, 2016, for the Lumiere Place July
                                                  Safety Zones; Upper Mississippi River                   good cause exists for not publishing a                3, 2016 barge based fireworks display,
                                                  Between Mile 179.2 and 180.5, St.                       notice of proposed rulemaking (NPRM)                  all waters of the UMR from mile 180 to
                                                  Louis, MO and Between Mile 839.5 and                    with respect to these rules because                   180.5; and
                                                  840, St. Paul, MN                                       fireworks displays on or over the                        (4) from 10 p.m. until 10:30 p.m. on
                                                                                                          navigable waterway poses safety                       July 4, 2016, for the City of St. Paul July
                                                  AGENCY:    Coast Guard, DHS.                            concerns for waterway users. In this                  4th Celebration, all waters of the UMR
                                                  ACTION:   Temporary final rule.                         case, the Coast Guard was not notified                from mile 839.5 to 840.
                                                                                                          of the fireworks displays until April 26,                Exact times of the closures and any
                                                  SUMMARY:   The Coast Guard is                           2016 and May 16, 2016. After full                     changes to the planned scheduled will
                                                  establishing four temporary safety zones                review of the details for the planned and             be communicated to mariners using
                                                  for two areas of the Upper Mississippi                  locally advertised displays, the Coast                Broadcast Notices to Mariners and Local
                                                  River (UMR); three safety zones between                 Guard determined action is needed to                  Notices to Mariners. The safety zones
                                                  UMR mile 179.2 and 180.5, and one                       protect people and property from the                  are intended to protect personnel,
                                                  between UMR mile 839.5 to 840. These                    safety hazards associated with the                    vessels, and the marine environment in
                                                  temporary safety zones are necessary to                 fireworks displays on the UMR near St.                these navigable waters during the
                                                  protect persons and property from                       Louis, MO and St. Paul, MN. It is                     fireworks displays. No vessel or person
                                                  potential damage and safety hazards                     impracticable to publish an NPRM                      will be permitted to enter the safety
                                                  during fireworks displays on or over the                because we must establish these safety                zones without obtaining permission
                                                  navigable waterway. During the period                   zones by June 2 and 11, and July 3 and                from the COTP or a designated
                                                  of enforcement, entry into these safety                 4, 2016.                                              representative.
                                                  zones is prohibited unless specifically
                                                                                                             We are issuing this rule, and under 5              V. Regulatory Analyses
                                                  authorized by the Captain of the Port
                                                  (COTP) Upper Mississippi River or                       U.S.C. 553(d)(3), the Coast Guard finds                 We developed this rule after
                                                  other designated representative.                        that good cause exists for making the                 considering numerous statutes and
                                                                                                          rule effective less than 30 days after                Executive Orders related to rulemaking.
                                                  DATES: This rule is effective from 7:45
                                                                                                          publication in the Federal Register.                  Below we summarize our analyses
                                                  p.m. on June 2, 2016 until 10:30 p.m. on                Delaying the effective date of the rule is
                                                  July 4, 2016.                                                                                                 based on a number of these statutes and
                                                                                                          contrary to the public interest as it                 Executive Orders, and we discuss First
                                                  ADDRESSES: To view documents                            would delay the effectiveness of the                  Amendment rights of protestors.
                                                  mentioned in this preamble as being                     temporary safety zones needed to
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  available in the docket, go to http://                  respond to potential related safety                   A. Regulatory Planning and Review
                                                  www.regulations.gov, type USCG–2016–                    hazards until after the planned                          Executive Orders 12866 and 13563
                                                  0354 in the ‘‘SEARCH’’ box and click                    fireworks displays. This rule does                    direct agencies to assess the costs and
                                                  ‘‘SEARCH.’’ Click on Open Docket                        provide approximately 7 to 30 days                    benefits of available regulatory
                                                  Folder on the line associated with this                 notice for the four safety zones related              alternatives and, if regulation is
                                                  rule.                                                   to the four planned fireworks displays                necessary, to select regulatory
                                                  FOR FURTHER INFORMATION CONTACT: If                     on the UMR near St. Louis, MO and St.                 approaches that maximize net benefits.
                                                  you have questions on this rule, call or                Paul, MN.                                             Executive Order 13563 emphasizes the


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Document Created: 2016-05-28 03:57:40
Document Modified: 2016-05-28 03:57:40
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 8 p.m. through 8:30 p.m. on July 2, 2016.
ContactIf you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email [email protected]
FR Citation81 FR 34278 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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