
[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Proposed Rules]               
[Page 12289-12292]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr09-21]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0018]
RIN 1625-AA00

 
Safety Zone: Hampton Roads Air Show, Back River, Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a safety zone on the 
Back

[[Page 12290]]

River in the vicinity of Hampton, VA during the Hampton Roads Air Show. 
This action is intended to restrict vessel traffic movement in the 
vicinity of Willoughby Point, VA to protect mariners from the hazards 
associated with air show events. We propose enforcement of this safety 
zone from 5 p.m. to 9 p.m. on April 24, 2009, and daily from 9 a.m. to 
5 p.m. on April 25, and April 26, 2009.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before April 14, 
2009 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0018 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 Lieutenant Tiffany Duffy, Chief, Waterways Management 
Division, Sector Hampton Roads at (757) 668-5580. 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-2009-0018), 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, or by fax, mail or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a phone 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-2009-0018'' 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 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them 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-2009-0018 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 
either 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; or the Commander, 
Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th 
Floor between 9 a.m. and 2 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 to the Docket Management Facility at the address under 
ADDRESSES explaining why one 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.

Background and Purpose

    Coast Guard Sector Hampton Roads has been notified that Langley Air 
Force Base will host an air show event in the vicinity of Willoughby 
Point, VA immediately above the Back River, Hampton, VA. The event is 
scheduled to take place April 24, 2009 through April 26, 2009. In 
recent years, there have been unfortunate instances of jets and planes 
crashing during performances at air shows. Along with the jet or plane 
crash, there is typically a wide area of scattered debris that also 
damages property and could cause significant injury or death to 
mariners observing the air show. Due to the need to protect mariners 
transiting on the Back River immediately below the Air Show from the 
hazards associated with a potential jet or plane crash, the Coast Guard 
proposes that a safety zone bound by the following coordinates be 
established: 37[deg]05'35'' N/076[deg]20'47'' W; thence to 
37[deg]05'43'' N/076[deg]20'14'' W; thence to 37[deg]05'19'' N/
076[deg]20'02'' W; thence to 37[deg]05'12'' N/076[deg]20'18'' W (NAD 
1983). Access to this area will be temporarily restricted for public 
safety purposes.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone on specified 
waters of the Back River bound by the following coordinates: 
37[deg]05'35'' N/076[deg]20'47'' W; thence to 37[deg]05'43'' N/
076[deg]20'14'' W; thence to 37[deg]05'19'' N/076[deg]20'02'' W; thence 
to 37[deg]05'12'' N/076[deg]20'18'' W (NAD 1983), in the vicinity of 
Willoughby Point on the Back River, Hampton, Virginia. This safety zone 
is proposed in the interest of public safety during the Hampton Roads 
Air Show and will be enforced from 5 p.m. to 10 p.m. on April 24, 2009 
and from 9 a.m to 5 p.m daily on April 25, 2009 and April 26, 2009. 
Access to the safety zone will be restricted during the specified date 
and times. Except for vessels authorized by the Captain of the Port or 
his Representative, no person or vessel may enter or remain in the 
safety zone.

[[Page 12291]]

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 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.
    This 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. Before the 
effective period of April 24, 2009 to April 26, 2009, 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 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, 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 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.

[[Page 12292]]

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. Therefore, this rule is categorically 
excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from 
further environmental documentation. This proposed rule involves a 
temporary safety zone that will be in effect for less than one week. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule. A preliminary 
``Environmental Analysis Check List'' supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. 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. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T05-0018 to read as follows:


165.T05-0018  Safety Zone: Hampton Roads Air Show, Back River, Hampton, 
VA

    (a) Regulated Area. The following area is a safety zone: All waters 
in the vicinity of Willoughby Point on Back River within the area 
bounded by coordinates 37[deg]05'35'' N / 076[deg]20'47'' W, thence to 
37[deg]05'43'' N / 076[deg]20'14'' W, thence to 37[deg]05'19'' N / 
076[deg]20'02'' W, thence to 37[deg]05'12'' N / 076[deg]20'18'' W. (NAD 
1983), in Hampton, 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) Enforcement Period: This regulation will be enforced from 5 
p.m. to 9 p.m. on April 24, 2009 and 9 a.m. to 5 p.m. daily on April 
25, 2009 and April 26, 2009.

    Dated: January 30, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E9-6428 Filed 3-23-09; 8:45 am]

BILLING CODE 4910-15-P
