35122 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this 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 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

establishes a temporary safety zone to 

protect the public from bridge 

construction operations. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

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—SAFETY ZONES 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 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 and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–0565 to 

read as follows: 

§ 165.T05–0565 Safety Zone; Atlantic 

Intracoastal Waterway, Oak Island, NC. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector North Carolina. 

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: This zone includes the 

waters of the Atlantic Intracoastal 

Waterway extending 250 yards in all 

directions from the main construction 

site at the new high-level fixed highway 

bridge at the second crossing to Oak 

Island, North Carolina. 

(c) Regulations. (1) The general 

regulations contained in § 165.23 of this 

part apply to the area described in 

paragraph (b) of this section. 

(2) Persons or vessels requiring entry 

into or passage through any portion of 

the safety zone must first request 

authorization from the Captain of the 

Port, or a designated representative, 

unless the Captain of the Port 

previously announced via Marine Safety 

Radio Broadcast on VHF Marine Band 

Radio channel 22 (157.1 MHz) that this 

regulation will not be enforced in that 

portion of the safety zone. The Captain 

of the Port can be contacted at telephone 

number (252) 247–4570 or by radio on 

VHF Marine Band Radio, channels 13 

and 16. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. to 5:30 p.m. 

each day from July 22, 2009 through 

August 12, 2009, unless cancelled 

earlier by the Captain of the Port. 

Dated: June 24, 2009. 

J.E. Ryan, 

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

Port North Carolina. 

[FR Doc. E9–17097 Filed 7–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0274] 

RIN 1625–AA00 

Safety Zone; Norfolk Tides Post-Game 

Fireworks Displays, Elizabeth River, 

Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

Elizabeth River in the vicinity of Harbor 

Park, Norfolk, VA in support of the postgame fireworks displays over the 

Elizabeth River. This action will protect 

the maritime public on the Elizabeth 

River from the hazards associated with 

fireworks displays. 

DATES: This rule is effective from 9 p.m. 

on July 2, 2009 until 10:30 p.m. on 

September 4, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0274 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0274 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the 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, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 


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Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 35123 

rule, call or e-mail LT Tiffany Duffy, 

Chief Waterways Management Division, 

Sector Hampton Roads, Coast Guard; 

telephone 757–668–5580, e-mail 

tiffany.a.duffy@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 1, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Norfolk Tides 

Post-Game Fireworks Displays, 

Elizabeth River, Norfolk, VA in the 

Federal Register (74 FR 083). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

Coast Guard Sector Hampton Roads 

has been notified that fireworks displays 

are scheduled to occur after certain 

Norfolk Tides home baseball games. 

Although these displays are fired from 

land, a portion of the fallout zone is 

over the Elizabeth River. 33 CFR part 

165 subpart C describes a safety zone 

‘‘as a water area, shore area, or water 

and shore area to which for safety or 

environmental purposes, access is 

limited to authorized persons, vehicles 

or vessels.’’ Due to the need to protect 

mariners and spectators from the 

hazards associated with fireworks 

displays, the Coast Guard is establishing 

a safety zone limiting access to the 

Elizabeth River within a 210-foot radius 

of the fireworks launching area. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone on the specified waters of 

the Elizabeth River in the vicinity of 

Harbor Park, Norfolk, VA. This safety 

zone will encompass all navigable 

waters within a 210-foot radius of the 

fireworks launch site, located on land, 

directly behind the stadium at 

approximate position 36°50′30′′ N/ 

076°16′42′′ W (NAD 1983). This 

regulated area is being established in the 

interest of public safety during the 

fireworks display and would be 

enforced on July 2, July 3, August 21, 

September 3, and September 4, 2009, for 

ten consecutive minutes immediately 

following the conclusion of the baseball 

games, between 9 p.m. and 10:30 p.m. 

Access to the safety zone will be 

restricted during the specified dates and 

times. Except for participants and 

vessels authorized by the Captain of the 

Port or his Representative, no person or 

vessel may enter or remain in the 

regulated area. 

Regulatory Analyses 

We developed this 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 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 regulation would 

restrict access to the safety zone, the 

effect of this rule would not be 

significant because: (i) The safety zone 

would be in effect for a limited 

duration; (ii) the zone would be of 

limited size; and (iii) the Coast Guard 

will make notifications via maritime 

advisories so mariners can adjust their 

plans accordingly. For the above 

reasons, the Coast Guard does not 

anticipate any significant economic 

impact. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: owners and operators of vessels 

intending to transit or anchor in that 

portion of the Elizabeth River from 9 

p.m. until 10:30 p.m. on July 2, July 3, 

August 21, September 3, and September 

4, 2009. The safety zone will not have 

a significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone 

will only be in place for a limited 

duration. The safety zone will be of 

limited size. Maritime advisories will be 

issued allowing the mariners to adjust 

their plans accordingly. Furthermore, 

the safety zone will apply to only a 

small portion of the Elizabeth River; 

there will be adequate space for 

mariners to safely transit around the 

zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

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. 

Collection of Information 

This rule calls 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 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 


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35124 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This 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 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 safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this 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 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a safety zone 

around a fireworks display. Under 

figure 2–1, paragraph (34)(g), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

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 amends 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. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0274 to read as 

follows: 

§ 165.T05–0274 Safety Zone; Norfolk Tides 

Post-Game Fireworks Displays, Elizabeth 

River, Norfolk, VA. 

(a) Regulated area. The following area 

is a safety zone: specified waters of the 

Elizabeth River located within a 210- 

foot radius of the fireworks launching 

site located at approximate position 

36°50′30′′ N/076°16′42′′ W (NAD 1983), 

directly behind Harbor Park Stadium in 

the vicinity of Norfolk, 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 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 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) Effective period. This regulation 

will be in effect on July 2, July 3, August 

21, September 3, and September 4, 2009 

from 9 p.m. until 10:30 p.m. 

Dated: June 30, 2009. 

M.S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. E9–17104 Filed 7–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0632] 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Detroit Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement. 

SUMMARY: The Coast Guard will enforce 

the safety zones for annual fireworks 

events in the Captain of the Port Detroit 

zone from 9 p.m. on July 3, 2009 

through 11 p.m. on July 25, 2009. This 

action is necessary and intended to 

ensure safety of life on the navigable 

waters immediately prior to, during, and 

immediately after fireworks events. This 

rule will establish restrictions upon, and 

control movement of, vessels in a 

specified area immediately prior to, 


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