81_FR_50770 81 FR 50622 - Safety Zone; Chesapeake Bay, Cape Charles, VA

81 FR 50622 - Safety Zone; Chesapeake Bay, Cape Charles, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 148 (August 2, 2016)

Page Range50622-50624
FR Document2016-18339

The Coast Guard is establishing a temporary safety zone for navigable waters in the vicinity of the inlet of Kings Creek, on the Chesapeake Bay. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with a fireworks display, which include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Hampton Roads.

Federal Register, Volume 81 Issue 148 (Tuesday, August 2, 2016)
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50622-50624]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18339]



[[Page 50622]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0416]
RIN 1625-AA00


Safety Zone; Chesapeake Bay, Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters in the vicinity of the inlet of Kings Creek, on the 
Chesapeake Bay. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards associated 
with a fireworks display, which include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Hampton Roads.

DATES: This rule is effective from 8:30 p.m. on August 6, 2016, through 
10:30 p.m. on August 7, 2016. This rule will be enforced from 8:30 p.m. 
through 10:30 p.m. on August 6, 2016, unless the fireworks display is 
postponed because of adverse weather, in which case this rule will be 
enforced from 8:30 p.m. through 10:30 p.m. on August 7, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0416 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 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. It is impracticable for us to publish an 
NPRM because information about the fireworks was received by the Coast 
Guard without sufficient time to publish a proposed rule and consider 
comments on it and then issue an effective rule by August 6, 2016. The 
Coast Guard will provide advance notifications to users of the affected 
waterway via marine information broadcasts and local notice to 
mariners.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause for 
making it effective less than 30 days after publication in the Federal 
Register. The restriction on vessel traffic is necessary to protect 
life, property and the environment, on the scheduled day and rain date 
for the fireworks display when there are expected to be more than 2,000 
spectators present. Therefore, due to the need to have a rule effective 
starting August 6, it is impracticable to delay the effective date of 
this rule until 30 days after it is published. 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 fireworks display starting on August 
6, 2016, with a rain date of August 7, 2016, will be a safety concern 
for anyone within a 280 foot radius of the launching site. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone during the 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

    This rule establishes a safety zone from 8:30 p.m. through 10:30 
p.m. on August 6, 2016, with a rain date of August 7, 2016. This rule 
will only be subject to enforcement on August 7, 2016, if the scheduled 
August 6 fireworks display is postponed because of adverse weather. The 
safety zone will encompass all navigable waters of the of the inlet of 
Kings Creek, on the Chesapeake Bay, within a 280 foot radius of the 
fireworks launch site in approximate position 37[deg]16'53'' N., 
076[deg]00'42'' W. (NAD 1983). The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the fireworks display. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order 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 Chesapeake Bay in Cape Charles, 
VA for one hour. 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.

[[Page 50623]]

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, 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 two hours that will prohibit entry 
in all navigable waters within a 280 foot radius of the launching site. 
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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add, under the undesignated center heading Fifth Coast Guard 
District, temporary Sec.  165.T05-0416 to read as follows:


Sec.  165.T05-0416  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.
    ``Participants'' means individuals and vessels involved in 
explosives training.
    ``Representative'' means any Coast Guard commissioned, warrant or 
petty officer who has been authorized to act on the behalf of the 
Captain of the Port.
    (b) Location. The following area is a safety zone: All waters in 
the vicinity of the of the inlet of Kings Creek, on the Chesapeake Bay, 
within a 280 foot radius of the fireworks launch site in approximate 
position 37[deg]16'53'' N., 076[deg]00'42'' W. (NAD 1983).
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23, apply to the area described in paragraph (b) of this 
section.
    (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 safety zone except participants and vessels that 
are engaged in the following operations: Enforcing laws, servicing aids 
to navigation, and emergency response vessels.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and

[[Page 50624]]

enforcement of the safety zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8:30 
p.m. through 10:30 p.m. on August 6, 2016, with a rain date on August 
7, 2016.

    Dated: July 19, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-18339 Filed 8-1-16; 8:45 am]
 BILLING CODE 9110-04-P



                                           50622             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                           DEPARTMENT OF HOMELAND                                  opportunity to comment pursuant to                    2016, if the scheduled August 6
                                           SECURITY                                                authority under section 4(a) of the                   fireworks display is postponed because
                                                                                                   Administrative Procedure Act (APA) (5                 of adverse weather. The safety zone will
                                           Coast Guard                                             U.S.C. 553(b)). This provision                        encompass all navigable waters of the of
                                                                                                   authorizes an agency to issue a rule                  the inlet of Kings Creek, on the
                                           33 CFR Part 165                                         without prior notice and opportunity to               Chesapeake Bay, within a 280 foot
                                           [Docket Number USCG–2016–0416]
                                                                                                   comment when the agency for good                      radius of the fireworks launch site in
                                                                                                   cause finds that those procedures are                 approximate position 37°16′53″ N.,
                                           RIN 1625–AA00                                           ‘‘impracticable, unnecessary, or contrary             076°00′42″ W. (NAD 1983). The
                                                                                                   to the public interest.’’ Under 5 U.S.C.              duration of the zone is intended to
                                           Safety Zone; Chesapeake Bay, Cape                       553(b)(B), the Coast Guard finds that                 protect personnel, vessels, and the
                                           Charles, VA                                             good cause exists for not publishing a                marine environment in these navigable
                                           AGENCY:    Coast Guard, DHS.                            notice of proposed rulemaking (NPRM)                  waters during the fireworks display. No
                                                                                                   with respect to this rule. It is                      vessel or person will be permitted to
                                           ACTION:   Temporary final rule.
                                                                                                   impracticable for us to publish an                    enter the safety zone without obtaining
                                           SUMMARY:   The Coast Guard is                           NPRM because information about the                    permission from the COTP or a
                                           establishing a temporary safety zone for                fireworks was received by the Coast                   designated representative.
                                           navigable waters in the vicinity of the                 Guard without sufficient time to publish
                                                                                                                                                         V. Regulatory Analyses
                                           inlet of Kings Creek, on the Chesapeake                 a proposed rule and consider comments
                                           Bay. The safety zone is needed to                       on it and then issue an effective rule by               We developed this rule after
                                           protect personnel, vessels, and the                     August 6, 2016. The Coast Guard will                  considering numerous statutes and
                                           marine environment from potential                       provide advance notifications to users of             Executive order related to rulemaking.
                                           hazards associated with a fireworks                     the affected waterway via marine                      Below we summarize our analyses
                                           display, which include accidental                       information broadcasts and local notice               based on a number of these statutes and
                                           discharge of fireworks, dangerous                       to mariners.                                          Executive orders, and we discuss First
                                           projectiles, and falling hot embers or                     Under 5 U.S.C. 553(d)(3), the Coast                Amendment rights of protestors.
                                           other debris. Entry of vessels or persons               Guard finds good cause for making it
                                                                                                                                                         A. Regulatory Planning and Review
                                           into this zone is prohibited unless                     effective less than 30 days after
                                                                                                   publication in the Federal Register. The                 Executive Orders 12866 and 13563
                                           specifically authorized by the Captain of                                                                     direct agencies to assess the costs and
                                                                                                   restriction on vessel traffic is necessary
                                           the Port Hampton Roads.                                                                                       benefits of available regulatory
                                                                                                   to protect life, property and the
                                           DATES: This rule is effective from 8:30                 environment, on the scheduled day and                 alternatives and, if regulation is
                                           p.m. on August 6, 2016, through 10:30                   rain date for the fireworks display when              necessary, to select regulatory
                                           p.m. on August 7, 2016. This rule will                  there are expected to be more than 2,000              approaches that maximize net benefits.
                                           be enforced from 8:30 p.m. through                      spectators present. Therefore, due to the             Executive Order 13563 emphasizes the
                                           10:30 p.m. on August 6, 2016, unless the                need to have a rule effective starting                importance of quantifying both costs
                                           fireworks display is postponed because                  August 6, it is impracticable to delay the            and benefits, of reducing costs, of
                                           of adverse weather, in which case this                  effective date of this rule until 30 days             harmonizing rules, and of promoting
                                           rule will be enforced from 8:30 p.m.                    after it is published. Delaying the                   flexibility. This rule has not been
                                           through 10:30 p.m. on August 7, 2016.                   effective date would be contrary to the               designated a ‘‘significant regulatory
                                           ADDRESSES: To view documents                            safety zone’s intended objectives of                  action,’’ under Executive Order 12866.
                                           mentioned in this preamble as being                     protecting persons and vessels, and                   Accordingly, it has not been reviewed
                                           available in the docket, go to http://                  enhancing public and maritime safety.                 by the Office of Management and
                                           www.regulations.gov, type USCG–2016–                                                                          Budget.
                                           0416 in the ‘‘SEARCH’’ box and click                    III. Legal Authority and Need for Rule                   This regulatory action determination
                                           ‘‘SEARCH.’’ Click on Open Docket                           The Coast Guard is issuing this rule               is based on the size, location, duration,
                                           Folder on the line associated with this                 under authority in 33 U.S.C. 1231. The                and time-of-year of the safety zone.
                                           rule.                                                   Captain of the Port Hampton Roads                     Vessel traffic will be able to safely
                                           FOR FURTHER INFORMATION CONTACT: If                     (COTP) has determined that potential                  transit around this safety zone which
                                           you have questions on this rule, call or                hazards associated with fireworks                     will impact a small designated area of
                                           email LCDR Barbara Wilk, Waterways                      display starting on August 6, 2016, with              the Chesapeake Bay in Cape Charles, VA
                                           Management Division Chief, Sector                       a rain date of August 7, 2016, will be a              for one hour. Moreover, the Coast Guard
                                           Hampton Roads, U.S. Coast Guard;                        safety concern for anyone within a 280                will issue Broadcast Notice to Mariners
                                           telephone 757–668–5580, email                           foot radius of the launching site. This               via VHF–FM marine channel 16 about
                                           hamptonroadswaterway@uscg.mil.                          rule is needed to protect personnel,                  the zone and the rule allows vessels to
                                                                                                   vessels, and the marine environment in                seek permission to enter the zone.
                                           SUPPLEMENTARY INFORMATION:
                                                                                                   the navigable waters within the safety
                                                                                                                                                         B. Impact on Small Entities
                                           I. Table of Abbreviations                               zone during the fireworks display. The
                                                                                                   potential hazards to mariners within the                 The Regulatory Flexibility Act of
                                           CFR Code of Federal Regulations                                                                               1980, 5 U.S.C. 601–612, as amended,
                                           DHS Department of Homeland Security                     safety zone include accidental discharge
                                           FR Federal Register                                     of fireworks, dangerous projectiles, and              requires Federal agencies to consider
                                           NPRM Notice of proposed rulemaking                      falling hot embers or other debris.                   the potential impact of regulations on
                                           § Section                                                                                                     small entities during rulemaking. The
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                                           U.S.C. United States Code
                                                                                                   IV. Discussion of the Rule                            term ‘‘small entities’’ comprises small
                                                                                                     This rule establishes a safety zone                 businesses, not-for-profit organizations
                                           II. Background Information and                          from 8:30 p.m. through 10:30 p.m. on                  that are independently owned and
                                           Regulatory History                                      August 6, 2016, with a rain date of                   operated and are not dominant in their
                                             The Coast Guard is issuing this                       August 7, 2016. This rule will only be                fields, and governmental jurisdictions
                                           temporary rule without prior notice and                 subject to enforcement on August 7,                   with populations of less than 50,000.


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                                                             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations                                          50623

                                           The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               requirements, Security measures,
                                           605(b) that this rule will not have a                   Federal Government and Indian tribes,                 Waterways.
                                           significant economic impact on a                        or on the 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                     above.                                                ■ 1. The authority citation for part 165
                                           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, and 160.5;
                                           Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 Department of Homeland Security Delegation
                                           we want to assist small entities in                     Federal agencies to assess the effects of             No. 0170.1.
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In            ■ 2. Add, under the undesignated center
                                           would affect your small business,                       particular, the Act addresses actions                 heading Fifth Coast Guard District,
                                           organization, or governmental                           that may result in the expenditure by a               temporary § 165.T05–0416 to read as
                                           jurisdiction and you have questions                     State, local, or tribal government, in the            follows:
                                           concerning its provisions or options for                aggregate, or by the private sector of
                                           compliance, please contact the person                                                                         § 165.T05–0416 Safety Zone, Chesapeake
                                                                                                   $100,000,000 (adjusted for inflation) or
                                                                                                                                                         Bay; Cape Charles, VA.
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                           CONTACT section.                                        will not result in such an expenditure,                 (a) Definitions. For the purposes of
                                              Small businesses may send comments                   we do discuss the effects of this rule                this section—
                                           on the actions of Federal employees                                                                             ‘‘Captain of the Port’’ means the
                                                                                                   elsewhere in this preamble.
                                           who enforce, or otherwise determine                                                                           Commander, Sector Hampton Roads.
                                                                                                   F. Environment                                          ‘‘Participants’’ means individuals and
                                           compliance with, Federal regulations to
                                                                                                      We have analyzed this rule under                   vessels involved in explosives training.
                                           the Small Business and Agriculture                                                                              ‘‘Representative’’ means any Coast
                                           Regulatory Enforcement Ombudsman                        Department of Homeland Security
                                                                                                                                                         Guard commissioned, warrant or petty
                                           and the Regional Small Business                         Management Directive 023–01 and
                                                                                                                                                         officer who has been authorized to act
                                           Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,
                                                                                                                                                         on the behalf of the Captain of the Port.
                                           Ombudsman evaluates these actions                       which guide the Coast Guard in                          (b) Location. The following area is a
                                           annually and rates each agency’s                        complying with the National                           safety zone: All waters in the vicinity of
                                           responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  the of the inlet of Kings Creek, on the
                                           wish to comment on actions by                           U.S.C. 4321–4370f), and have                          Chesapeake Bay, within a 280 foot
                                           employees of the Coast Guard, call 1–                   determined that this action is one of a               radius of the fireworks launch site in
                                           888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       approximate position 37°16′53″ N.,
                                           Coast Guard will not retaliate against                  individually or cumulatively have a                   076°00′42″ W. (NAD 1983).
                                           small entities that question or complain                significant effect on the human                         (c) Regulations. (1) The general
                                           about this rule or any policy or action                 environment. This rule involves a safety              regulations governing safety zones in
                                           of the Coast Guard.                                     zone lasting two hours that will prohibit             § 165.23, apply to the area described in
                                                                                                   entry in all navigable waters within a                paragraph (b) of this section.
                                           C. Collection of Information                            280 foot radius of the launching site. It               (2) With the exception of participants,
                                             This rule will not call for a new                     is categorically excluded from further                entry into or remaining in this safety
                                           collection of information under the                     review under paragraph 34(g) of Figure                zone is prohibited unless authorized by
                                           Paperwork Reduction Act of 1995 (44                     2–1 of the Commandant Instruction. An                 the Captain of the Port, Hampton Roads
                                           U.S.C. 3501–3520).                                      environmental analysis checklist                      or his designated representatives.
                                           D. Federalism and Indian Tribal                         supporting this determination and a                     (3) All vessels underway within this
                                           Governments                                             Categorical Exclusion Determination are               safety zone at the time it is implemented
                                                                                                   available in the docket where indicated               are to depart the zone immediately.
                                              A rule has implications for federalism               under ADDRESSES. We seek any                            (4) The Captain of the Port, Hampton
                                           under Executive Order 13132,                            comments or information that may lead                 Roads or his representative can be
                                           Federalism, if it has a substantial direct              to the discovery of a significant                     contacted at telephone number (757)
                                           effect on the States, on the relationship               environmental impact from this rule.                  668–5555.
                                           between the national government and                                                                             (5) The Coast Guard and designated
                                           the States, or on the distribution of                   G. Protest Activities                                 security vessels enforcing the safety
                                           power and responsibilities among the                      The Coast Guard respects the First                  zone can be contacted on VHF–FM
                                           various levels of government. We have                   Amendment rights of protesters.                       marine band radio channel 13
                                           analyzed this rule under that Order and                 Protesters are asked to contact the                   (165.65Mhz) and channel 16 (156.8
                                           have determined that it is consistent                   person listed in the FOR FURTHER                      Mhz).
                                           with the fundamental federalism                         INFORMATION CONTACT section to                          (6) This section applies to all persons
                                           principles and preemption requirements                  coordinate protest activities so that your            or vessels wishing to transit through the
                                           described in Executive Order 13132.                     message can be received without                       safety zone except participants and
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                                              Also, this rule does not have tribal                 jeopardizing the safety or security of                vessels that are engaged in the following
                                           implications under Executive Order                      people, places or vessels.                            operations: Enforcing laws, servicing
                                           13175, Consultation and Coordination                                                                          aids to navigation, and emergency
                                           with Indian Tribal Governments,                         List of Subjects in 33 CFR Part 165                   response vessels.
                                           because it does not have a substantial                    Harbors, Marine safety, Navigation                    (d) Enforcement. The U.S. Coast
                                           direct effect on one or more Indian                     (water), Reporting and recordkeeping                  Guard may be assisted in the patrol and


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                                           50624             Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Rules and Regulations

                                           enforcement of the safety zone by                       opportunity to claim its return, and in               230.41 Reconsideration of claims.
                                           Federal, State, and local agencies.                     the event a valid claim is not received,              230.42 Disposition of property declared
                                             (e) Enforcement period. This section                  treat such property as abandoned and                      abandoned where title vests in the
                                           will be enforced from 8:30 p.m. through                 direct that it be sold or put to official                 government.
                                           10:30 p.m. on August 6, 2016, with a                    use. Apparent owners would be notified                § 230.30   Scope.
                                           rain date on August 7, 2016.                            of their right to claim property, and
                                             Dated: July 19, 2016.                                 where no apparent owner is known and                    This subpart prescribes procedures
                                                                                                   the value of the property in question                 governing the disposition of any
                                           Richard J. Wester,
                                                                                                   exceeds $200, notice would be                         property (real, personal, tangible, or
                                           Captain, U.S. Coast Guard, Captain of the                                                                     intangible) obtained by the United
                                           Port Hampton Roads.                                     published on the Office of Inspector
                                                                                                   General’s Web site inviting the owner to              States Postal Service Office of Inspector
                                           [FR Doc. 2016–18339 Filed 8–1–16; 8:45 am]
                                                                                                   submit a claim for its return.                        General (Office of Inspector General) for
                                           BILLING CODE 9110–04–P                                                                                        possible use as evidence after the need
                                                                                                      No comments were received in
                                                                                                   response to the proposed rule. Upon                   to retain such property no longer exists.
                                                                                                   further consideration, however, the
                                           POSTAL SERVICE                                                                                                § 230.31   Definitions.
                                                                                                   Postal Service determined it would be
                                                                                                   appropriate to make non-substantive                     The following definitions apply to
                                           39 CFR Part 230
                                                                                                   changes in proposed §§ 230.31 and                     this subpart:
                                           Procedures Relating to the Disposition                  230.42 to clarify their meaning.                        (a) Apparent. That which is clear,
                                           of Property Acquired by the United                      Accordingly, in § 230.31, the definition              plain, and evident.
                                           States Postal Service Office of                         of Ruling Official has been clarified; and
                                                                                                   in § 230.42, more specific instructions                 (b) Owner. The person recognized by
                                           Inspector General for Use as Evidence                                                                         the law as having ultimate control over
                                                                                                   have been provided to special agents for
                                           AGENCY:    Postal Service.                              the disposition and conversion of                     and the right to use property.
                                           ACTION:   Final rule.                                   abandoned property.                                     (c) Claimant. A person who submits a
                                                                                                   List of Subjects in 39 CFR Part 230                   claim for abandoned or other unclaimed
                                           SUMMARY:   This rule establishes                                                                              property.
                                           procedures for the disposition of                         Administrative practice and
                                           abandoned property held by the United                   procedure, Claims, Law enforcement,                     (d) Ruling official. The official who
                                           States Postal Service Office of Inspector               Property (abandoned).                                 has the authority to grant or deny a
                                           General. The rule establishes procedures                                                                      claim for abandoned or other unclaimed
                                                                                                     For the reasons stated in the                       property, typically the Executive
                                           for determining the ownership of                        preamble, the Postal Service amends 39
                                           abandoned property, the advertisement                                                                         Special Agent in Charge of the Area
                                                                                                   CFR part 230 as follows:                              Field Office where the property is
                                           of abandoned items with no apparent
                                           owner held by the Office of Inspector                   PART 230—OFFICE OF INSPECTOR                          located, or a designee.
                                           General, and the disposal of items                      GENERAL                                               § 230.32 Disposition of property of
                                           declared abandoned.                                                                                           apparent owners where property is valued
                                                                                                   ■ 1. The authority citation for part 230              over $200.
                                           DATES: Effective: August 2, 2016.
                                                                                                   continues to read as follows:
                                           FOR FURTHER INFORMATION CONTACT:                                                                                Where an apparent owner of property
                                           Gladis Griffith, Office of General                        Authority: 5 U.S.C. App.3; 39 U.S.C.
                                                                                                   401(2) and 1001.                                      subject to this subpart is known, and the
                                           Counsel, (703) 248–4683.                                                                                      estimated value of the property exceeds
                                           SUPPLEMENTARY INFORMATION: On March                     ■   2. Add subpart C to read as follows:              $200, the owner shall be notified by
                                           30, 2016, the Postal Service published a                                                                      certified mail at his last known address.
                                                                                                   Subpart C—Rules of Procedure
                                           proposed rule to establish procedures                                                                         The written notice shall describe the
                                                                                                   Relating to the Disposition of Stolen
                                           for the disposition of abandoned                                                                              property and the procedure for filing a
                                                                                                   Mail Matter and Property Acquired by
                                           property held by the United States                                                                            claim for its return (see, §§ 230.36 and
                                                                                                   the Office Of Inspector General for Use
                                           Postal Service Office of Inspector                                                                            230.39). Such claims must be filed
                                                                                                   as Evidence
                                           General (81 FR 17637).                                                                                        within 30 days from the date the written
                                             In the course of conducting official                  Sec.                                                  notice is postmarked. If the apparent
                                           investigations, Special Agents of the                   230.30 Scope.                                         owner of the property fails to file a
                                           United States Postal Service Office of                  230.31 Definitions.                                   timely claim, the property is considered
                                           Inspector General frequently recover                    230.32 Disposition of property of apparent            abandoned and must be disposed of as
                                           property lost or stolen from the mail and                    owners where property is valued over             provided in § 230.38.
                                           obtain custody of property needed for                        $200.
                                                                                                   230.33 Disposition of property of apparent            § 230.33 Disposition of property of
                                           use as evidence in proceedings to                            owners where property is valued at $200          apparent owners where property is valued
                                           enforce various provisions of the United                     or less.                                         at $200 or less.
                                           States Code. In most cases, such                        230.34 Disposition of property of unknown
                                           property is returned to the owner at the                     owners where property is valued over               Where an apparent owner of property
                                           conclusion of the investigation or any                       $200.                                            subject to this subpart is known, and the
                                           resulting administrative or judicial                    230.35 Disposition of property of unknown             estimated value of the property is $200
                                           proceedings. In some cases, however,                         owners where property is valued at $200          or less, the Executive Special Agent in
                                           the owners fail to claim property, and it                    or less.                                         Charge, or a designee, should attempt to
Lhorne on DSK30JT082PROD with RULES




                                           therefore remains in the custody of the                 230.36 Contraband and property subject to             return the property to the owner. If
                                                                                                        court order.
                                           Office of Inspector General after it is no              230.37 Determination of type of property.
                                                                                                                                                         successful, the Executive Special Agent
                                           longer needed. The objective of the                     230.38 Disposition of abandoned property;             in Charge shall request the owner sign
                                           proposed rule was to establish a fair and                    additional period for filing claims.             a Hold Harmless Agreement. If not, the
                                           uniform procedure to identify the                       230.39 Submission of claims.                          Executive Special Agent in Charge shall
                                           owners of such property, afford them an                 230.40 Determination of claims.                       vest title in the Government.


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Document Created: 2016-08-02 01:47:37
Document Modified: 2016-08-02 01:47:37
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 from 8:30 p.m. on August 6, 2016, through 10:30 p.m. on August 7, 2016. This rule will be enforced from 8:30 p.m. through 10:30 p.m. on August 6, 2016, unless the fireworks display is postponed because of adverse weather, in which case this rule will be enforced from 8:30 p.m. through 10:30 p.m. on August 7, 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 50622 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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