15174 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

The Commission has considered 

WCMA’s request. The Commission will 

grant WCMA’s request to extend the 

comment period for the ANPR until 

June 1, 2015. The extension will allow 

WCMA and any other party additional 

time to complete studies related to 

questions asked in the ANPR. 

Alberta E. Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2015–06354 Filed 3–20–15; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0048] 

RIN 1625–AA00 

Safety Zone, Chesapeake Bay; Cape 

Charles, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a safety zone on the navigable 

waters of the Chesapeake Bay in Cape 

Charles, VA. This proposed safety zone 

would restrict vessel movement in the 

specified area during the Cape Charles 

Clam Slam fireworks display between 

9:30 p.m. and 10 p.m. on August 1, 

2015. This action is necessary to 

provide for the safety of life and 

property on the surrounding navigable 

waters during the fireworks displays. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 22, 2015. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Gregory Knoll, Waterways 

Management Division Chief, Sector 

Hampton Roads, Coast Guard; telephone 

(757) 668–5580, email 

HamptonRoadsWaterway@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

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. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. To submit your comment 

online, go to www.regulations.gov, type 

the docket number [USCG–2015–0048] 

in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number [USCG–2015–0048] in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not plan to hold a public 

meeting, but you may submit a request 

for one, using one of the methods 

specified under ADDRESSES 15 days 

prior to the close of the comment 

period. Please explain why you believe 

a public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Regulatory History and Information 

The town of Cape Charles has not 

held a Clam Slam fireworks display in 

the past. However, this same location is 

used for other fireworks displays 

throughout the year as published in 33 

CFR 165.506. 

C. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 

160.5; Pub. L. 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1. 

The purpose of this safety zone is to 

protect mariners and spectators from the 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 15175 

hazards associated with the fireworks 

display, such as accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. 

D. Discussion of the Proposed Rule 

The Captain of the Port of Hampton 

Roads proposes to establish a safety 

zone on specified waters of the 

Chesapeake Bay within a 700 foot radius 

of the approximate position: 37°15′47′′ 

N/076°01′29′′ W (NAD 1983), at the end 

of Bayshore Road located in the vicinity 

of Cape Charles Harbor, Cape Charles, 

Virginia. This safety zone will be 

enforced on August 1, 2015 between the 

hours of 9:30 p.m. and 10 p.m. Access 

to the safety zone will be restricted 

during the specified date and time. 

Spectator vessels may gather nearby 

to view the fireworks display. Due to the 

need for vessel control during the 

fireworks display, vessel traffic will be 

temporarily restricted to provide for the 

safety of participants, spectators and 

transiting vessels. Except for vessels 

authorized by the Captain of the Port or 

his designated representative, no person 

or vessel may enter or remain in the 

safety zone. The Captain of the Port will 

provide advance notice of the safety 

zone by all appropriate means to 

provide the widest dissemination of 

notice among the affected segments of 

the public. This will include 

publication in the Local Notice to 

Mariners and Marine Information 

Broadcasts. 

E. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. The primary impact of these 

regulations will be on vessels wishing to 

transit the affected waterways during 

the safety zone on the Chesapeake Bay 

in the vicinity of Cape Charles, VA from 

9:30 p.m. until 10 p.m. on August 1, 

2015. Although this safety zone 

temporarily restricts traffic from 

transiting a portion of the Chesapeake 

Bay during this event, this safety zone 

is limited in duration, affects only a 

limited area, and will be well publicized 

in advance to allow mariners to make 

alternative plans for transiting the 

affected area. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule will affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 

or anchor in a portion of the waters of 

the Chesapeake Bay near Cape Charles 

Harbor during the outlined timeframe. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: (i) The safety 

zone is limited in size and duration, and 

(ii) before the enforcement period, 

maritime advisories will be issued 

allowing mariners to adjust their plans 

accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

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. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this 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, above. The Coast Guard will 

not retaliate against small entities that 

question or complain about this rule or 

any policy or action of the Coast Guard. 

4. Collection of Information 

This proposed rule will not call for a 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this proposed rule under that 

Order and determined that this rule 

does not have implications for 

federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

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 will not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

8. Taking of Private Property 

This proposed rule will not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

9. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and does not create an 

environmental risk to health or risk to 

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15176 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

safety that may disproportionately affect 

children. 

11. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it does not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This proposed rule 

involves the establishment of a safety 

zone. This proposed rule 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. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0048 to read as 

follows: 

§ 165.T05–0048 Safety Zone, Chesapeake 

Bay; Cape Charles, VA. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector Hampton Roads. 

Representative means any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

proposed safety zone: Specified waters 

of the Captain of the Port Sector 

Hampton Roads zone, as defined in 33 

CFR 3.25–10, in the vicinity of the 

Chesapeake Bay near Cape Charles, VA 

all waters within a 700 foot radius of 

approximate location 37°15′47′′ N/

076°01′29′′ W (NAD 1983) which is 

located at the end of Bayshore Road in 

Cape Charles Harbor. 

(c) Regulations. (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Contact on scene contracting 

vessels via VHF channel 13 and 16 for 

passage instructions. 

(ii) If on scene proceed as directed by 

any commissioned, warrant or petty 

officer on shore or on board a vessel that 

is displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone may be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement period. This section 

will be enforced from 9:30 p.m. until 10 

p.m. on August 1, 2015. 

Dated: March 9, 2015. 

Christopher S. Keane, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. 2015–06582 Filed 3–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–1079] 

RIN 1625–AA00 

Safety Zone, Daytona Beach Grand 

Prix of the Seas; Atlantic Ocean; 

Daytona Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a safety zone on the waters of 

the Atlantic Ocean east of Daytona 

Beach, Florida during the Daytona 

Beach Grand Prix of the Seas, a series 

of high-speed personal watercraft boat 

races. This proposed safety zone would 

be enforced from 7 a.m. on Friday until 

7 p.m. on Sunday during the last 

weekend in April. Approximately 50 

high-speed personal watercrafts are 

anticipated to participate in the races, 

and approximately 20 spectator vessels 

are expected to attend the event. This 

safety zone is necessary to ensure the 

safety of life on navigable waters of the 

United States during the races. The 

regulated area would consist of the 

following location: All waters of the 

Atlantic Ocean encompassed within the 

following points: starting at Point 1 in 

position 29°14.601′ N, 81°00.767′ W; 

thence south to Point 2 in position 

29°13.677′ N, 81°00.283′ W; thence east 

to Point 3 in position 29°13.860′ N, 

080°59.763′ W; thence north to Point 4 

in position 29°14.781′ N, 80°59.802′ W; 

thence west back to origin. All persons 

and vessels, except those persons and 

vessels participating in the high-speed 

personal watercraft event, are prohibited 

from entering, transiting, anchoring, or 

remaining in the regulated area unless 

authorized by the Captain of the Port 

Jacksonville or a designated 

representative. 

DATES: Comments and related material 

must be received by the Coast Guard by 

April 22, 2015. Requests for public 

meetings must be received by the Coast 

Guard on or before March 24, 2015. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2014–1079 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

Mail or delivery: Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

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