
[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Rules and Regulations]               
[Page 47871-47873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se09-1]                         


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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
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[[Page 47871]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0529]
RIN 1625-AA00

 
Safety Zone; Cape Charles Tomato Festival Fireworks Event, 
Chesapeake Bay, Cape Charles, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a 280-foot radius safety zone 
on the Chesapeake Bay in the vicinity of the Cape Charles Town Harbor, 
Cape Charles, VA in support of the Cape Charles Tomato Festival 
Fireworks event. This action will protect mariners from the hazards 
associated with fireworks displays by restricting vessel traffic 
movement in the vicinity of the event.

DATES: This rule is effective on September 26, 2009 from 8 p.m. to 8:30 
p.m.

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-2009-0529 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-2009-0529 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 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 July 20, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Cape Charles Tomato Festival, Chesapeake Bay, Cape 
Charles, VA in the Federal Register (74 FR 137). 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 the Cape 
Charles Renewal Project will sponsor a fireworks display on the 
Chesapeake Bay shoreline centered on position 37[deg]15'46'' N/
076[deg]01'30'' W (NAD 1983) on September 26, 2009. Due to the need to 
protect mariners and spectators from the hazards associated with the 
fireworks display, the United States Coast Guard will restrict access 
within 280 feet of the fireworks launch area.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the navigable 
waters of the Chesapeake Bay within 280 feet of position 37[deg]15'46'' 
N/076[deg]01'30'' W (NAD 1983). This safety zone will be established in 
the vicinity of the Cape Charles Town Harbor, Cape Charles, VA on 
September 26, 2009. In the interest of public safety, access to the 
safety zone will be restricted from 8 p.m. to 8:30 p.m. on September 
26, 2009. Except for participants and vessels authorized by the Coast 
Guard Captain of the Port or his representative, no person or vessel 
will be authorized to 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 restricts access 
to the safety zone, the effect of this rule would not be significant 
because: (i) The safety zone will be in effect for a limited duration; 
(ii) the zone would be of limited size; and (iii) the Coast Guard would 
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 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 Chesapeake Bay from 8 p.m 
until 8:30 p.m. on September 26, 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, since the safety zone will apply to only a 
small portion of the Chesapeake Bay, 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

[[Page 47872]]

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 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. The fireworks will be launched from a 
land area; however some fallout debris, to include live fireworks or 
hot embers, may enter the water within a 280 foot radius of the 
launching site. This zone is designed to protect the maritime public 
from the hazards associated with fireworks displays. 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.


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 temporary Sec.  165.T05-0529, to read as follows:


Sec.  165.T05-0529  Safety Zone: Cape Charles Tomato Festival Fireworks 
Event, Chesapeake Bay, Cape Charles, VA.

    (a) Regulated Area. The following area is a safety zone: All 
navigable waters within 280 feet of position 37[deg]15'46'' N/
076[deg]01'30'' W (NAD 1983), in the vicinity of the Cape Charles Town 
Harbor in Cape Charles, VA.
    (b) Definitions. As used in this section, 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

[[Page 47873]]

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 and the Sector Duty 
Officer at Sector Hampton Roads in Portsmouth, Virginia can be 
contacted at telephone number (757) 668-5555.
    (4) The Captain of the Port Representative enforcing the safety 
zone can be contacted on VHF-FM marine band radio, channel 13 
(156.65Mhz) and channel 16 (156.8Mhz).
    (d) Enforcement Period. This rule is effective on September 26, 
2009 from 8 p.m. to 8:30 p.m.

    Dated: August 24, 2009.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E9-22458 Filed 9-17-09; 8:45 am]

BILLING CODE 4910-15-P
