[Federal Register Volume 74, Number 137 (Monday, July 20, 2009)]
[Rules and Regulations]
[Pages 35122-35124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17104]


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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.

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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 
post-game 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

[[Page 35123]]

rule, call or e-mail LT Tiffany Duffy, Chief Waterways Management 
Division, Sector Hampton Roads, Coast Guard; telephone 757-668-5580, e-
mail <a href="/cdn-cgi/l/email-protection#d3a7bab5b5b2bdaafdb2fdb7a6b5b5aa93a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="3b4f525d5d5a5542155a155f4e5d5d427b4e48585c15565257">[email protected]</span></a>. 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[deg]50'30'' N/
076[deg]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

[[Page 35124]]

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.


0
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. 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.


0
2. Add Sec.  165.T05-0274 to read as follows:


Sec.  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[deg]50'30'' 
N/076[deg]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 
Sec.  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


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