Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 17625 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0012] 

RIN 1625–AA00 

Safety Zone: Gwynn Island 4th of July 

Fireworks, Piankatank River, Gwynn 

Island, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a safety zone on the 

Piankatank River in the vicinity of 

Gwynn Island, VA in support of the 

Gwynn Island 4th of July Fireworks 

event. This action is intended to restrict 

vessel traffic movement on the 

Piankatank River to protect mariners 

from the hazards associated with 

fireworks displays. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 15, 2009. Requests for 

public meetings must be received by the 

Coast Guard on or before May 1, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0012 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant Tiffany 

Duffy, U.S. Coast Guard, Chief 

Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580, e-mail Tiffany.A.Duffy@uscg.mil. 

If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0012), 

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 (via 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 via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, 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 e-mail 

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

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0012’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 8c 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. 

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, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0012 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. 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. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

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). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before May 1, 2009, using 

one of the four methods specified under 

ADDRESSES. 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. 

For information on facilities or services 

for individuals with disabilities or to 

request special assistance at the public 

meeting, contact Lieutenant Tiffany 

Duffy, U.S. Coast Guard, Chief, 

Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580. 

Background and Purpose 

On July 4, 2009, the Mathews 

Fireworks Committee will sponsor a 

fireworks display on the Piankatank 

River in position 37°29′′22′ N/76°18′′54′ 

W (NAD 1983). Due to the need to 

protect mariners and spectators from the 

hazards associated with the fireworks 

display, access to the Piankatank River, 

within a 560 feet radius of the fireworks 

display, will be temporarily restricted. 

Discussion of Proposed Rule 

The Coast Guard proposes 

establishing a safety zone on specified 

waters of the Piankatank River in the 

vicinity of Gwynn Island in Virginia. 

The proposed safety zone will 

encompass all navigable waters within a 

560 feet radius of the fireworks display 

located in position 37°29′′22′ N/ 

76°18′′54′ W (NAD 1983). We propose 

regulating this area because it is in the 

best interest of public safety to have 


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17626 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 

such a zone during the Gwynn Island 

4th of July Fireworks event. We propose 

enforcing this zone from 9 p.m. to 10:15 

p.m. on July 4, 2009, with a rain date 

of July 5, 2009. We propose restricting 

access to the safety zone during the 

specified date and times. Except for 

participants and vessels authorized by 

the Captain of the Port or his 

Representative(s), no person or vessel 

may enter or remain in the regulated 

area. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

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, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this proposed 

regulation restricts access to the safety 

zone, the effect of this rule will not be 

significant because: (i) The temporary 

safety zone will be in effect for a limited 

duration; (ii) the zone is of limited size; 

and (iii) the Coast Guard will make 

notifications via maritime advisories so 

mariners can adjust their plans 

accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

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 because the zone will only be in 

place for a limited duration and 

maritime advisories will be issued 

allowing mariners to adjust their plans 

accordingly. This rule may affect the 

following entities, some of which may 

be small entities: The owners and 

operators of vessels intending to transit 

or anchor in that portion of the 

Piankatank River from 9 p.m. to 10:15 

p.m. on July 4, 2009. However, the 

potential impact to these small entities 

would be so minimal as to not have a 

significant economic affect. This safety 

zone would be enforced for only one 

hour and fifteen minutes during evening 

hours when vessel traffic is low. Before 

enforcement of the zone, the Coast 

Guard will issue maritime advisories 

widely available to users of the river. 

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. 

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 so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

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 Lieutenant 

Tiffany Duffy, U.S. Coast Guard, Chief, 

Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580. 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. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for Federalism. 

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 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. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

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. 

Protection of Children 

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 would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 


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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Proposed Rules 17627 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 0023.1 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

involves establishing a safety zone 

around a fireworks display. The display 

is taking place on a beach and the safety 

zone is intended to keep mariners away 

from any hazardous materials that may 

land in the water. A preliminary 

‘‘Environmental Analysis Check List’’ 

and preliminary categorical exclusion 

determination, supporting this 

determination will be available in the 

docket where indicated under the 

‘‘Public Participation and Request for 

Comments’’ section of this preamble. 

This rule is categorically excluded, 

under section 2.B.2. Figure 2–1, 

paragraph 34(g), of the Instruction and 

neither an environmental assessment 

nor an environmental impact statement 

is required. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule. 

List of Subjects 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. 1226, 1231; 46 U.S.C. 

3306, 3703 and Chapter 701; 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.T05–0012 to read as 

follows: 

§ 165.T05–0012 Safety Zone: Gwynn Island 

4th of July Fireworks, Piankatank River, 

Gwynn Island, VA. 

(a) Regulated Area: The following area 

is a safety zone: specified waters of the 

Piankatank River located within a 560 

feet radius of the fireworks display at 

the approximate position of 37°29′′22′ 

N/76°18′′54′ W (NAD 1983) in the 

vicinity of Gwynn Island, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means: any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his/her behalf. 

(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/her designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) 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 can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced on July 4, 

2009, from 9 p.m. until 10:15 p.m., with 

a rain date of July 5, 2009, from 9 p.m. 

until 10:15 p.m. 

Dated: April 2, 2009. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E9–8722 Filed 4–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0089] 

RIN 1625–AA00 

Safety Zone; Red Bull Air Race, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a temporary safety zone on 

the Detroit River, Detroit, Michigan. 

This Zone is intended to restrict vessels 

from portions of the Detroit River during 

the Red Bull Air Race. This temporary 

safety zone is necessary to protect 

spectators and vessels from the hazards 

associated with air races. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 1, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0089 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail CDR Joseph 

Snowden, Prevention Department, 

Sector Detroit, Coast Guard; telephone 

(313) 568–9580, e-mail 

Joseph.H.Snowden@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 


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