83 FR 24950 - Safety Zone; Appomattox River, Hopewell, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range		24950-24952
FR Document		2018-11645

The Coast Guard proposes to establish a temporary safety zone for a marine event on the navigable waters of the Appomattox River at confluence with the James River in Hopewell, VA. This action is necessary to provide for the safety of life on these navigable waters in Hopewell, VA, during a fireworks display on June 30, 2018. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Hampton Roads or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24950-24952]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-11645]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0330]
RIN 1625-AA00

Safety Zone; Appomattox River, Hopewell, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for a marine event on the navigable waters of the Appomattox River at
confluence with the James River in Hopewell, VA. This action is
necessary to provide for the safety of life on these navigable waters
in Hopewell, VA, during a fireworks display on June 30, 2018. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Hampton
Roads or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 7, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0330 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

On March 27, 2018, the Hopewell Recreation and Parks Department
notified the Coast Guard that it will be conducting a fireworks display
from approximately 9:30 to 9:45 p.m. on June 30, 2018, to serve as the
city of Hopewell's Fourth of July celebration. The fireworks are to be
launched from a barge in the Appomattox River near City Point.
Potential hazards from firework displays include accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Hampton Roads (COTP) has determined
that potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within a 234-yard radius
of the barge. The purpose of this rulemaking is to ensure the safety of
vessels and the navigable waters within a 234-yard radius of the
fireworks barge before, during, and after the scheduled event. The
Coast Guard proposes this

[[Page 24951]]

rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

The COTP proposes to establish a safety zone from 9 to 11 p.m. on
June 30, 2018. The safety zone would cover all navigable waters within
234 yards of a barge in the Appomattox River at approximate
coordinates: 37[deg]18'52.20'' N, 077[deg]17'12.52'' W. The duration of
the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 9:30 to 9:45
p.m. fireworks display. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.

IV. Regulatory Analyses

We developed this proposed 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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
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 Appomattox River at confluence
with the James River in Hopewell, VA, for 2 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 on-
scene 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone lasting 2 hours
that would prohibit entry within 234 yards of a fireworks barge.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is 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 proposed 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

[[Page 24952]]

jeopardizing the safety or security of people, places, or vessels.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 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.T05-0330 to read as follows:

Sec. 165.T05-0330 Safety Zone, Appomattox River; Hopewell, VA.

(a) Definitions. The following definitions apply to this section:
(1) Captain of the Port means the Commander, Sector Hampton Roads.
(2) 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.
(3) Participants mean individuals and vessels involved in the
fireworks display.
(b) Location. The following area is a safety zone: All navigable
waters in the vicinity of the Appomattox River at confluence with the
James River, within a 234 yard radius of the fireworks display barge in
approximate position 37[deg]18'52.20'' N, 077[deg]17'12.52'' W. (NAD
1983).
(c) Regulations. (1) Except as provided in paragraph (c)(4) of this
section, all persons are required to comply with the general
regulations governing safety zones of subpart C of this part.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives. All vessels
within this safety zone at the time it is implemented are to depart the
zone immediately.
(3) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number (757) 668-5555. 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), or by visual or verbal hailing on-scene.
(4) This section does not apply to participants and vessels that
are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.

Dated: May 24, 2018.
Richard J. Wester,
Captain of the Port, Hampton Roads.
[FR Doc. 2018-11645 Filed 5-30-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules 24951

rulemaking under authority in 33 U.S.C. small entities during rulemaking. The Coordination with Indian Tribal
1231. term ‘‘small entities’’ comprises small Governments, because it would not have
businesses, not-for-profit organizations a substantial direct effect on one or
III. Discussion of Proposed Rule
that are independently owned and more Indian tribes, on the relationship
The COTP proposes to establish a operated and are not dominant in their between the Federal Government and
safety zone from 9 to 11 p.m. on June fields, and governmental jurisdictions Indian tribes, or on the distribution of
30, 2018. The safety zone would cover with populations of less than 50,000. power and responsibilities between the
all navigable waters within 234 yards of The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
a barge in the Appomattox River at 605(b) that this proposed rule would not If you believe this proposed rule has
approximate coordinates: 37°18′52.20″ have a significant economic impact on implications for federalism or Indian
N, 077°17′12.52″ W. The duration of the a substantial number of small entities. tribes, please contact the person listed
zone is intended to ensure the safety of While some owners or operators of in the FOR FURTHER INFORMATION
vessels and these navigable waters vessels intending to transit the safety CONTACT section.
before, during, and after the scheduled zone may be small entities, for the
E. Unfunded Mandates Reform Act
9:30 to 9:45 p.m. fireworks display. No reasons stated in section IV.A above,
vessel or person will be permitted to this proposed rule would not have a The Unfunded Mandates Reform Act
enter the safety zone without obtaining significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
permission from the COTP or a vessel owner or operator. Federal agencies to assess the effects of
designated representative. The If you think that your business, their discretionary regulatory actions. In
regulatory text we are proposing appears organization, or governmental particular, the Act addresses actions
at the end of this document. jurisdiction qualifies as a small entity that may result in the expenditure by a
and that this rule would have a State, local, or tribal government, in the
IV. Regulatory Analyses significant economic impact on it, aggregate, or by the private sector of
We developed this proposed rule after please submit a comment (see $100,000,000 (adjusted for inflation) or
considering numerous statutes and ADDRESSES) explaining why you think it more in any one year. Though this
Executive orders related to rulemaking. qualifies and how and to what degree proposed rule would not result in such
Below we summarize our analyses this rule would economically affect it. an expenditure, we do discuss the
based on a number of these statutes and Under section 213(a) of the Small effects of this rule elsewhere in this
Executive orders and we discuss First Business Regulatory Enforcement preamble.
Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121), F. Environment
we want to assist small entities in
A. Regulatory Planning and Review We have analyzed this proposed rule
understanding this proposed rule. If the
Executive Orders 12866 and 13563 rule would affect your small business, under Department of Homeland
direct agencies to assess the costs and organization, or governmental Security Directive 023–01 and
benefits of available regulatory jurisdiction and you have questions Commandant Instruction M16475.1D,
alternatives and, if regulation is concerning its provisions or options for which guide the Coast Guard in
necessary, to select regulatory compliance, please contact the person complying with the National
approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
Executive Order 13771 directs agencies CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
to control regulatory costs through a not retaliate against small entities that preliminary determination that this
budgeting process. This NPRM has not question or complain about this action is one of a category of actions that
been designated a ‘‘significant proposed rule or any policy or action of do not individually or cumulatively
regulatory action,’’ under Executive the Coast Guard. have a significant effect on the human
Order 12866. Accordingly, the NPRM environment. This proposed rule
has not been reviewed by the Office of C. Collection of Information involves a safety zone lasting 2 hours
Management and Budget (OMB), and This proposed rule would not call for that would prohibit entry within 234
pursuant to OMB guidance it is exempt a new collection of information under yards of a fireworks barge. Normally
from the requirements of Executive the Paperwork Reduction Act of 1995 such actions are categorically excluded
Order 13771. (44 U.S.C. 3501–3520). from further review under paragraph
This regulatory action determination L60(a) of Appendix A, Table 1 of DHS
is based on the size, location, duration, D. Federalism and Indian Tribal Instruction Manual 023–01–001–01,
and time-of-year of the safety zone. Governments Rev. 01. A preliminary Record of
Vessel traffic will be able to safely A rule has implications for federalism Environmental Consideration
transit around this safety zone which under Executive Order 13132, supporting this determination is
will impact a small designated area of Federalism, if it has a substantial direct available in the docket where indicated
the Appomattox River at confluence effect on the States, on the relationship under ADDRESSES. We seek any
with the James River in Hopewell, VA, between the national government and comments or information that may lead
for 2 hours. Moreover, the Coast Guard the States, or on the distribution of to the discovery of a significant
will issue Broadcast Notice to Mariners power and responsibilities among the environmental impact from this
via VHF–FM marine channel 16 about various levels of government. We have proposed rule.
analyzed this proposed rule under that
pmangrum on DSK30RV082PROD with PROPOSALS

the zone and the rule allows vessels to
Order and have determined that it is G. Protest Activities
seek permission on-scene to enter the
zone. consistent with the fundamental The Coast Guard respects the First
federalism principles and preemption Amendment rights of protesters.
B. Impact on Small Entities requirements described in Executive Protesters are asked to contact the
The Regulatory Flexibility Act of Order 13132. person listed in the FOR FURTHER
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have INFORMATION CONTACT section to
requires Federal agencies to consider tribal implications under Executive coordinate protest activities so that your
the potential impact of regulations on Order 13175, Consultation and message can be received without

VerDate Sep<11>2014 14:59 May 30, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM 31MYP1

Document Created: 2018-05-31 00:48:50
Document Modified: 2018-05-31 00:48:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before June 7, 2018.
Contact		If you have questions about this proposed rulemaking, 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 Citation		83 FR 24950
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 24950 - Safety Zone; Appomattox River, Hopewell, VA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 105 (May 31, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard