81_FR_43214 81 FR 43087 - Safety Zone; Confluence of James River and Appomattox River, Hopewell, VA

81 FR 43087 - Safety Zone; Confluence of James River and Appomattox River, Hopewell, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43087-43089
FR Document2016-15608

The Coast Guard is establishing a safety zone on the navigable waters of the confluence of the James River and the Appomattox River in Hopewell, Virginia. This safety zone will restrict vessel movement within a 700-foot radius of the fireworks barge during the fireworks display for the City of Hopewell centennial celebration. 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 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43087-43089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15608]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0331]
RIN 1625-AA00


Safety Zone; Confluence of James River and Appomattox River, 
Hopewell, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of the confluence of the James River and the Appomattox River in 
Hopewell, Virginia. This safety zone will restrict vessel movement 
within a 700-foot radius of the fireworks barge during the fireworks 
display for the City of Hopewell centennial celebration. 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 will be enforced from 8 p.m. through 
10:45 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-
2016-0331 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 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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

[[Page 43088]]

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 because 
information about the fireworks on July 2, 2016 was not received by the 
Coast Guard until recently, which provided insufficient time to allow 
for an opportunity to comment on the proposed rule. The Coast Guard 
will provide advance notifications to users of the affected waterway 
via marine information broadcasts and local notice to mariners.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to the need for the 
safety zone to be in place on July 2, 2016, to protect life, property 
and the environment; therefore, a 30-day notice is impracticable. 
Delaying the effective date would be contrary to the safety zone's 
intended objectives of protecting persons and vessels, and enhancing 
public and maritime safety.

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 determined that 
potential hazards associated with the fireworks display starting on 
July 2, 2016, will be a safety concern for anyone within a 700-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 confluence of the James River and the 
Appomattox River, in Hopewell, 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 confluence of the James River and the Appomattox River in 
Hopewell, VA. The safety zone will encompass all navigable waters 
within a 700-foot radius of the fireworks display barge location at 
position 37[deg]19'27.74'' N., 077[deg]16'45.22'' W. (NAD 1983). This 
safety zone still allows for navigation on the waterway. This safety 
zone will be established and enforced from 8 p.m. through 10:45 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 Designated 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the confluence of the James River and 
the Appomattox River in Hopewell, VA for less than 3 hours. Moreover, 
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes,

[[Page 43089]]

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 3 hours that will 
prohibit entry within a 700-foot radius of the fireworks barge. 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.T05-0331 to read as follows:


Sec.  165.T05-0331  Safety Zone, Confluence of James River and 
Appomattox River; Hopewell, VA.

    (a) Definitions. For the purposes of this section--
    Captain of the Port means the Commander, Sector Hampton Roads.
    Designated 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) Location. The following area is a safety zone: All waters in 
the confluence of the James River and the Appomattox River, within a 
700-foot radius of the fireworks display barge in approximate position 
37[deg]19'27.74'' N., 077[deg]16'45.22'' W. (NAD 1983).
    (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 representative.
    (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 designated 
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 
(165.65 Mhz) 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 section will be enforced from 8 p.m. 
through 10:45 p.m. on July 2, 2016.

    Dated: June 15, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-15608 Filed 6-30-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations                                         43087

                                                  E. Unfunded Mandates Reform Act                         PART 165— REGULATED                                    DEPARTMENT OF HOMELAND
                                                                                                          NAVIGATION AREAS AND LIMITED                           SECURITY
                                                    The Unfunded Mandates Reform Act
                                                                                                          ACCESS AREAS
                                                  of 1995 (2 U.S.C. 1531–1538) requires                                                                          Coast Guard
                                                  Federal agencies to assess the effects of
                                                                                                          ■ 1. The authority citation for part 165
                                                  their discretionary regulatory actions. In                                                                     33 CFR Part 165
                                                                                                          continues to read as follows:
                                                  particular, the Act addresses actions
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            [Docket Number USCG–2016–0331]
                                                  that may result in the expenditure by a
                                                  State, local, or tribal government, in the              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              RIN 1625–AA00
                                                  aggregate, or by the private sector of                  Department of Homeland Security Delegation
                                                  $100,000,000 (adjusted for inflation) or                No. 0170.1.                                            Safety Zone; Confluence of James
                                                  more in any one year. Though this rule                                                                         River and Appomattox River, Hopewell,
                                                                                                          ■ 2. Add § 165.T05–0131 to read as                     VA
                                                  will not result in such an expenditure,
                                                                                                          follows:
                                                  we do discuss the effects of this rule                                                                         AGENCY:    Coast Guard, DHS.
                                                  elsewhere in this preamble.                             § 165.T05–0131 Safety Zone, Shallowbag                 ACTION:   Temporary final rule.
                                                                                                          Bay; Manteo, North Carolina.
                                                  F. Environment
                                                                                                                                                                 SUMMARY:   The Coast Guard is
                                                                                                            (a) Definitions. For the purposes of
                                                     We have analyzed this rule under                                                                            establishing a safety zone on the
                                                                                                          this section, Captain of the Port means
                                                  Department of Homeland Security                                                                                navigable waters of the confluence of
                                                                                                          the Commander, Sector North Carolina.
                                                  Management Directive 023–01 and                                                                                the James River and the Appomattox
                                                                                                          Representative means any Coast Guard                   River in Hopewell, Virginia. This safety
                                                  Commandant Instruction M16475.lD,                       commissioned, warrant or petty officer
                                                  which guide the Coast Guard in                                                                                 zone will restrict vessel movement
                                                                                                          who has been authorized to act on the                  within a 700-foot radius of the fireworks
                                                  complying with the National                             behalf of the Captain of the Port.
                                                  Environmental Policy Act of 1969(42                                                                            barge during the fireworks display for
                                                  U.S.C. 4321–4370f), and have                              (b) Location. The following area is a                the City of Hopewell centennial
                                                  determined that this action is one of a                 safety zone: All waters of Shallowbag                  celebration. This action is necessary to
                                                  category of actions that do not                         Bay within a 200 yard radius of a barge                provide for the safety of life and
                                                  individually or cumulatively have a                     anchored in position 35°54′31″ N.,                     property on the surrounding navigable
                                                  significant effect on the human                         longitude 075°39′46″ W. (NAD 1983).                    waters during the fireworks display.
                                                  environment. This rule involves the                       (c) Regulations. (1) The general                     DATES: This rule is effective and will be
                                                  establishment of a safety zone to limit                 regulations in § 165.23 apply to the area              enforced from 8 p.m. through 10:45 p.m.
                                                  all vessels within a 200 yard radius of                 described in paragraph (b) of this                     on July 2, 2016.
                                                  a barge anchor in approximate position                  section.                                               ADDRESSES: To view documents
                                                  35°54′31″ N., longitude 075°39′46″ W.                                                                          mentioned in this preamble as being
                                                                                                             (2) Persons or vessels requesting entry
                                                  on July 4, 2016 from 9 p.m. to 10:30                                                                           available in the docket, go to http://
                                                                                                          into or passage through any portion of                 www.regulations.gov, type USCG–2016–
                                                  p.m. with a rain date being July 5, 2016
                                                                                                          the safety zone must first request                     0331 in the ‘‘SEARCH’’ box and click
                                                  from 9 p.m. to 10:30 p.m. to protect life
                                                                                                          authorization from the Captain of the                  ‘‘SEARCH.’’ Click on Open Docket
                                                  and property of mariners from the
                                                                                                          Port, or a designated representative. The              Folder on the line associated with this
                                                  dangers associated with aerial fireworks.
                                                  It is categorically excluded from further               Captain of the Port or his designated                  rule.
                                                  review under paragraph 34(g) of Figure                  representative can be contacted at                     FOR FURTHER INFORMATION CONTACT: If
                                                  2–1 of the Commandant Instruction. We                   telephone number (910) 343–3882 or by                  you have questions on this rule, call or
                                                  seek any comments or information that                   radio on VHF Marine Band Radio,                        email LCDR Barbara Wilk, Waterways
                                                  may lead to the discovery of a                          channels 13 and 16.                                    Management Division Chief, Sector
                                                  significant environmental impact from                      (d) Enforcement. The U.S. Coast                     Hampton Roads, U.S. Coast Guard;
                                                  this rule.                                              Guard may be assisted in the patrol and                telephone 757–668–5580, email
                                                                                                          enforcement of the zone by Federal,                    HamptonRoadsWaterway@uscg.mil.
                                                  G. Protest Activities
                                                                                                          State, and local agencies.                             SUPPLEMENTARY INFORMATION:
                                                    The Coast Guard respects the First                       (e) Enforcement period. This section                I. Table of Abbreviations
                                                  Amendment rights of protesters.                         will be enforced from 9 p.m. to 10:30
                                                  Protesters are asked to contact the                                                                            CFR Code of Federal Regulations
                                                                                                          p.m. on July 4, 2016, or a rain date of                DHS Department of Homeland Security
                                                  person listed in the FOR FURTHER                        July 5, 2016, unless cancelled earlier by              FR Federal Register
                                                  INFORMATION CONTACT section to                          the Captain of the Port.                               NPRM Notice of proposed rulemaking
                                                  coordinate protest activities so that your                                                                     § Section
                                                                                                            Dated: June 9, 2016.
                                                  message can be received without                                                                                U.S.C. United States Code
                                                  jeopardizing the safety or security of                  P.J. Hill,
                                                                                                          Captain, U.S. Coast Guard, Captain of the              II. Background Information and
                                                  people, places or vessels.
                                                                                                          Port North Carolina.                                   Regulatory History
                                                  List of Subjects in 33 CFR Part 165                     [FR Doc. 2016–15700 Filed 6–30–16; 8:45 am]              The Coast Guard is issuing this
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                                                    Harbors, Marine safety, Navigation                    BILLING CODE 9110–04–P                                 temporary rule without prior notice and
                                                  (water), Reporting and recordkeeping                                                                           opportunity to comment pursuant to
                                                  requirements, Security measures,                                                                               authority under section 4(a) of the
                                                  Waterways.                                                                                                     Administrative Procedure Act (APA) (5
                                                                                                                                                                 U.S.C. 553(b)). This provision
                                                    For the reasons discussed in the                                                                             authorizes an agency to issue a rule
                                                  preamble, the Coast Guard amends 33                                                                            without prior notice and opportunity to
                                                  CFR part 165 as follows:                                                                                       comment when the agency for good


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                                                  43088                 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations

                                                  cause finds that those procedures are                   Except for participants and vessels                    significant economic impact on a
                                                  ‘‘impracticable, unnecessary, or contrary               authorized by the Captain of the Port or               substantial number of small entities.
                                                  to the public interest.’’ Under 5 U.S.C.                his Designated representative, no person                  While some owners or operators of
                                                  553(b)(B), the Coast Guard finds that                   or vessel may enter or remain in the                   vessels intending to transit the safety
                                                  good cause exists for not publishing a                  regulated area.                                        zone may be small entities, for the
                                                  notice of proposed rulemaking (NPRM)                      The Captain of the Port will give                    reasons stated in section V.A above, this
                                                  with respect to this rule because                       notice of the enforcement of the safety                rule will not have a significant
                                                  information about the fireworks on July                 zone by all appropriate means to                       economic impact on any vessel owner
                                                  2, 2016 was not received by the Coast                   provide the widest dissemination of                    or operator.
                                                  Guard until recently, which provided                    notice to the affected segments of the                    Under section 213(a) of the Small
                                                  insufficient time to allow for an                       public. This includes publication in the               Business Regulatory Enforcement
                                                  opportunity to comment on the                           Local Notice to Mariners and Marine                    Fairness Act of 1996 (Pub. L. 104–121),
                                                  proposed rule. The Coast Guard will                     Information Broadcasts.                                we want to assist small entities in
                                                  provide advance notifications to users of                                                                      understanding this rule. If the rule
                                                                                                          V. Regulatory Analyses                                 would affect your small business,
                                                  the affected waterway via marine
                                                  information broadcasts and local notice                   We developed this rule after                         organization, or governmental
                                                  to mariners.                                            considering numerous statutes and                      jurisdiction and you have questions
                                                     We are issuing this rule, and under 5                Executive orders related to rulemaking.                concerning its provisions or options for
                                                  U.S.C. 553(d)(3), the Coast Guard finds                 Below we summarize our analyses                        compliance, please contact the person
                                                  that good cause exists for making it                    based on a number of these statutes and                listed in the FOR FURTHER INFORMATION
                                                  effective less than 30 days after                       Executive orders, and we discuss First                 CONTACT section.
                                                  publication in the Federal Register. Due                Amendment rights of protestors.                           Small businesses may send comments
                                                  to the need for the safety zone to be in                                                                       on the actions of Federal employees
                                                                                                          A. Regulatory Planning and Review
                                                  place on July 2, 2016, to protect life,                                                                        who enforce, or otherwise determine
                                                  property and the environment;                              Executive Orders 12866 and 13563                    compliance with, Federal regulations to
                                                  therefore, a 30-day notice is                           direct agencies to assess the costs and                the Small Business and Agriculture
                                                  impracticable. Delaying the effective                   benefits of available regulatory                       Regulatory Enforcement Ombudsman
                                                  date would be contrary to the safety                    alternatives and, if regulation is                     and the Regional Small Business
                                                  zone’s intended objectives of protecting                necessary, to select regulatory                        Regulatory Fairness Boards. The
                                                  persons and vessels, and enhancing                      approaches that maximize net benefits.                 Ombudsman evaluates these actions
                                                  public and maritime safety.                             Executive Order 13563 emphasizes the                   annually and rates each agency’s
                                                                                                          importance of quantifying both costs                   responsiveness to small business. If you
                                                  III. Legal Authority and Need for Rule                  and benefits, of reducing costs, of                    wish to comment on actions by
                                                     The Coast Guard is issuing this rule                 harmonizing rules, and of promoting                    employees of the Coast Guard, call 1–
                                                  under authority in 33 U.S.C. 1231. The                  flexibility. This rule has not been                    888–REG–FAIR (1–888–734–3247). The
                                                  Captain of the Port Hampton Roads                       designated a ‘‘significant regulatory                  Coast Guard will not retaliate against
                                                  (COTP) has determined that potential                    action,’’ under Executive Order 12866.                 small entities that question or complain
                                                  hazards associated with the fireworks                   Accordingly, it has not been reviewed                  about this rule or any policy or action
                                                  display starting on July 2, 2016, will be               by the Office of Management and                        of the Coast Guard.
                                                  a safety concern for anyone within a                    Budget.
                                                  700-foot radius of the fireworks barge.                    This regulatory action determination                C. Collection of Information
                                                  This rule is needed to protect the                      is based on the size, location, duration,                This rule will not call for a new
                                                  participants, patrol vessels, and other                 and time-of-year of the safety zone.                   collection of information under the
                                                  vessels transiting the navigable waters                 Vessel traffic will be able to safely                  Paperwork Reduction Act of 1995 (44
                                                  of the confluence of the James River and                transit around this safety zone which                  U.S.C. 3501–3520).
                                                  the Appomattox River, in Hopewell,                      will impact a small designated area of
                                                  VA, from hazards associated with a                      the confluence of the James River and                  D. Federalism and Indian Tribal
                                                  fireworks display. The potential hazards                the Appomattox River in Hopewell, VA                   Governments
                                                  to mariners within the safety zone                      for less than 3 hours. Moreover, the                      A rule has implications for federalism
                                                  include accidental discharge of                         Coast Guard will issue Broadcast Notice                under Executive Order 13132,
                                                  fireworks, dangerous projectiles, and                   to Mariners via VHF–FM marine                          Federalism, if it has a substantial direct
                                                  falling hot embers or other debris.                     channel 16 about the zone and the rule                 effect on the States, on the relationship
                                                                                                          allows vessels to seek permission to                   between the national government and
                                                  IV. Discussion of the Rule                                                                                     the States, or on the distribution of
                                                                                                          enter the zone.
                                                    The Captain of the Port of Hampton                                                                           power and responsibilities among the
                                                  Roads is establishing a safety zone on                  B. Impact on Small Entities                            various levels of government. We have
                                                  the confluence of the James River and                      The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                                  the Appomattox River in Hopewell, VA.                   1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                                  The safety zone will encompass all                      requires Federal agencies to consider                  with the fundamental federalism
                                                  navigable waters within a 700-foot                      the potential impact of regulations on                 principles and preemption requirements
                                                  radius of the fireworks display barge                   small entities during rulemaking. The                  described in Executive Order 13132.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  location at position 37°19′27.74″ N.,                   term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                                  077°16′45.22″ W. (NAD 1983). This                       businesses, not-for-profit organizations               implications under Executive Order
                                                  safety zone still allows for navigation on              that are independently owned and                       13175, Consultation and Coordination
                                                  the waterway. This safety zone will be                  operated and are not dominant in their                 with Indian Tribal Governments,
                                                  established and enforced from 8 p.m.                    fields, and governmental jurisdictions                 because it does not have a substantial
                                                  through 10:45 p.m. on July 2, 2016.                     with populations of less than 50,000.                  direct effect on one or more Indian
                                                  Access to the safety zone will be                       The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                                  restricted during the effective period.                 605(b) that this rule will not have a                  Federal Government and Indian tribes,


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                                                                        Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations                                               43089

                                                  or on the distribution of power and                       For the reasons discussed in the                       (d) Enforcement period. This section
                                                  responsibilities between the Federal                    preamble, the Coast Guard amends 33                    will be enforced from 8 p.m. through
                                                  Government and Indian tribes. If you                    CFR part 165 as follows:                               10:45 p.m. on July 2, 2016.
                                                  believe this rule has implications for                                                                           Dated: June 15, 2016.
                                                  federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION
                                                                                                          AREAS AND LIMITED ACCESS AREAS                         Christopher S. Keane,
                                                  contact the person listed in the FOR
                                                                                                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                  FURTHER INFORMATION CONTACT section
                                                                                                          ■ 1. The authority citation for part 165               Port Hampton Roads.
                                                  above.
                                                                                                          continues to read as follows:                          [FR Doc. 2016–15608 Filed 6–30–16; 8:45 am]
                                                  E. Unfunded Mandates Reform Act                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            BILLING CODE 9110–04–P
                                                    The Unfunded Mandates Reform Act                      33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation
                                                  Federal agencies to assess the effects of               No. 0170.1.                                            DEPARTMENT OF HOMELAND
                                                  their discretionary regulatory actions. In              ■ 2. Add § 165.T05–0331 to read as                     SECURITY
                                                  particular, the Act addresses actions                   follows:                                               Coast Guard
                                                  that may result in the expenditure by a
                                                  State, local, or tribal government, in the              § 165.T05–0331 Safety Zone, Confluence
                                                                                                          of James River and Appomattox River;                   33 CFR Part 165
                                                  aggregate, or by the private sector of                  Hopewell, VA.
                                                  $100,000,000 (adjusted for inflation) or
                                                                                                             (a) Definitions. For the purposes of                [Docket Number USCG–2016–0335]
                                                  more in any one year. Though this rule
                                                                                                          this section—
                                                  will not result in such an expenditure,                    Captain of the Port means the
                                                  we do discuss the effects of this rule                  Commander, Sector Hampton Roads.
                                                                                                                                                                 RIN 1625–AA00
                                                  elsewhere in this preamble.                                Designated representative means any                 Safety Zone; Ohio River Mile 42.5 to
                                                  F. Environment                                          Coast Guard commissioned, warrant or                   43.0, Chester, West Virginia
                                                    We have analyzed this rule under                      petty officer who has been authorized to
                                                  Department of Homeland Security                         act on the behalf of the Captain of the                AGENCY:  Coast Guard, DHS.
                                                  Management Directive 023–01 and                         Port.                                                  ACTION: Temporary final rule.
                                                                                                             Participants mean individuals and
                                                  Commandant Instruction M16475.lD,
                                                                                                          vessels involved in explosives training.               SUMMARY:   The Coast Guard is
                                                  which guide the Coast Guard in                             (b) Location. The following area is a
                                                  complying with the National                                                                                    establishing a temporary safety zone for
                                                                                                          safety zone: All waters in the confluence              all water extending 300 feet from the left
                                                  Environmental Policy Act of 1969 (42                    of the James River and the Appomattox
                                                  U.S.C. 4321–4370f), and have                                                                                   descending bank into the Ohio River
                                                                                                          River, within a 700-foot radius of the                 from mile 42.5 to mile 43.0. This action
                                                  determined that this action is one of a                 fireworks display barge in approximate
                                                  category of actions that do not                                                                                is necessary to protect personnel,
                                                                                                          position 37°19′27.74″ N., 077°16′45.22″                vessels, and the marine environment
                                                  individually or cumulatively have a                     W. (NAD 1983).
                                                  significant effect on the human                                                                                from potential hazards created by a
                                                                                                             (c) Regulations. (1) All persons are
                                                  environment. This rule involves a safety                                                                       land-based fireworks display. This
                                                                                                          required to comply with the general
                                                  zone lasting less than 3 hours that will                                                                       regulation prohibits persons and vessels
                                                                                                          regulations governing safety zones in
                                                  prohibit entry within a 700-foot radius                                                                        from being in the safety zone unless
                                                                                                          § 165.23.
                                                  of the fireworks barge. It is categorically                                                                    authorized by the Captain of the Port
                                                                                                             (2) With the exception of participants,
                                                  excluded from further review under                                                                             Pittsburgh or a designated
                                                                                                          entry into or remaining in this safety
                                                  paragraph 34(g) of Figure 2–1 of the                                                                           representative.
                                                                                                          zone is prohibited unless authorized by
                                                  Commandant Instruction. An                              the Captain of the Port, Hampton Roads                 DATES: This rule is effective from 9:30
                                                  environmental analysis checklist                        or his designated representative.                      p.m. to 11:00 p.m. on July 4, 2016.
                                                  supporting this determination and a                        (3) All vessels underway within this                ADDRESSES: To view documents
                                                  Categorical Exclusion Determination are                 safety zone at the time it is implemented
                                                  available in the docket where indicated                                                                        mentioned in this preamble as being
                                                                                                          are to depart the zone immediately.                    available in the docket, go to http://
                                                  under ADDRESSES. We seek any                               (4) The Captain of the Port, Hampton
                                                  comments or information that may lead                                                                          www.regulations.gov, type USCG–2016–
                                                                                                          Roads or his designated representative
                                                  to the discovery of a significant                                                                              0335 in the ‘‘SEARCH’’ box and click
                                                                                                          can be contacted at telephone number
                                                  environmental impact from this rule.                                                                           ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          (757) 668–5555.
                                                                                                             (5) The Coast Guard and designated                  Folder on the line associated with this
                                                  G. Protest Activities                                                                                          rule.
                                                                                                          security vessels enforcing the safety
                                                    The Coast Guard respects the First                    zone can be contacted on VHF–FM                        FOR FURTHER INFORMATION CONTACT: If
                                                  Amendment rights of protesters.                         marine band radio channel 13 (165.65                   you have questions on this rule, call or
                                                  Protesters are asked to contact the                     Mhz) and channel 16 (156.8 Mhz).                       email MST1 Jennifer Haggins, Marine
                                                  person listed in the FOR FURTHER                           (6) This section applies to all persons             Safety Unit Pittsburgh, U.S. Coast
                                                  INFORMATION CONTACT section to                          or vessels wishing to transit through the              Guard; telephone 412–221–0807, email
                                                  coordinate protest activities so that your              safety zone except participants and                    Jennifer.L.Haggins@uscg.mil.
                                                  message can be received without                         vessels that are engaged in the following              SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  jeopardizing the safety or security of                  operations:
                                                  people, places or vessels.                                 (i) Enforcing laws;                                 I. Table of Abbreviations
                                                                                                             (ii) Servicing aids to navigation, and              CFR Code of Federal Regulations
                                                  List of Subjects in 33 CFR Part 165                        (iii) Emergency response vessels.                   DHS Department of Homeland Security
                                                    Harbors, Marine safety, Navigation                       (7) The U.S. Coast Guard may be                     FR Federal Register
                                                  (water), Reporting and recordkeeping                    assisted in the patrol and enforcement                 NPRM Notice of proposed rulemaking
                                                  requirements, Security measures,                        of the safety zone by Federal, State, and              § Section
                                                  Waterways.                                              local agencies.                                        U.S.C. United States Code



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Document Created: 2016-07-14 11:38:05
Document Modified: 2016-07-14 11:38:05
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 will be enforced from 8 p.m. through 10:45 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 43087 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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