Rule2022-12408
Safety Zone; Firework Display; Elizabeth River, Norfolk, VA
Primary source
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Published
June 9, 2022
Effective
June 10, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 500 yard radius from a fireworks barge located near Town Point Park in Norfolk, VA. The purpose of this rulemaking is to ensure the safety of persons, vessels, and the navigable waters within close proximity to fireworks displays before, during, and after the scheduled events. Hazards with this event include potential falling debris and possible fire, explosion, projectile, and burn hazards. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Virginia.
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Rules and Regulations]
[Pages 35092-35094]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12408]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0473]
RIN 1625-AA00
Safety Zone; Firework Display; Elizabeth River, Norfolk, VA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500 yard radius from a fireworks barge
located near Town Point Park in Norfolk, VA. The purpose of this
rulemaking is to ensure the safety of persons, vessels, and the
navigable waters within close proximity to fireworks displays before,
during, and after the scheduled events. Hazards with this event include
potential falling debris and possible fire, explosion, projectile, and
burn hazards. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port (COTP)
Virginia.
DATES: This rule is effective from noon on June 10, 2022, through 11:59
p.m. on June 12, 2022. This rule will be enforced from 8 p.m. until 11
p.m. on June 11, 2022, or those same hours on June 12, 2022, in the
case of inclement weather on June 11, 2022. This rule may also be
enforced during additional times during the effective period if deemed
necessary by the COTP or the Coast Guard designated representative. The
COTP or designated representative will notify the public of additional
enforcement of this zone during its effective period by all appropriate
means to affect the widest publicity among the affected public,
including by Local Notices to Mariners and by Broadcast Notice to
Mariners over VHF-FM marine band radio.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0473 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Chief, Waterways Management Division,
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580 email
<a href="/cdn-cgi/l/email-protection#6a2b1902060f13442f44220506072a1f19090d44070306"><span class="__cf_email__" data-cfemail="4302302b2f263a6d066d0b2c2f2e03363020246d2e2a2f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 35093]]
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. It is impracticable and contrary to the
public interest to publish an NPRM for this rule because this safety
zone must be in effect by June 11, 2022, to ensure the safety of
persons, vessels, and the navigable waters within close proximity to
the fireworks display from potential hazards that associated with this
event. These potential hazards include falling debris and possible
fire, explosion, projectile, and burn hazards. There is not sufficient
time to allow for a notice and comment period prior to the event.
While we are unable to provide the public a chance to comment on
the temporary final rule establishing a safety zone for this year's
event, we have recently solicited comments from the public for a safety
zone at this location for future fireworks displays associated with
Harborfest. On March 18, 2022, the Coast Guard published an NPRM to
amend its safety zones established for recurring marine events and
fireworks displays that take place within the Fifth Coast Guard
District area of responsibility (87 FR 15347). That proposal included
the addition of a recurring safety zone for Harborfest at the same
location as this temporary final rule. On May 13, 2022, the final rule
was published and the Coast Guard addressed the one comment received
(87 FR 29226). This temporary final rule is needed because the final
rule establishing the recurring event will not be effective until after
the event for this year.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be impracticable and contrary to the public interest. Immediate action
is needed to ensure the safety of event spectators, support craft and
other vessels transiting the navigational waters adjacent to the event.
For the safety concerns noted, it is in the public interest to have
these regulations in effect during the event. However, advance
notifications will be made to affected users of the waterway via marine
information broadcasts and an article in the Local Notice to Mariners.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the fireworks events present a safety
concern for anyone within the safety zone. The purpose of this rule is
to ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from noon on June 10, 2022,
through 11:59 p.m. on June 12, 2022. This rule will be enforced from 8
p.m. until 11 p.m. on June 11, 2022, or those same hours on June 12,
2022, in the case of inclement weather on June 11, 2022. This rule may
also be enforced during additional times during the effective period if
deemed necessary by the COTP or the Coast Guard designated
representative. The COTP or designated representative will notify the
public of additional enforcement of this zone during its effective
period by all appropriate means to affect the widest publicity among
the affected public, including by Local Notices to Mariners and by
Broadcast Notice to Mariners over VHF-FM marine band radio.
The safety zone will cover all navigable waters within a 500 yard
radius from a fireworks barge located at approximate latitude
36[deg]50'41'' N, longitude 076[deg]17'47'' W, located near Town Point
Park in Norfolk, VA. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters during the fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss first amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this rule
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the short amount
of time that vessels will be restricted from certain parts of the
waterway and the small size of these areas that are usually positioned
away from high vessel traffic zones. This rule will be in effect for 36
hours. Generally vessels would not be precluded from getting underway,
or mooring at any piers or marinas currently located in the vicinity of
the regulated area. Advance notifications will also be made to the
local maritime community by issuance of Local Notice to Mariners,
Broadcast Notice to Mariners via VHF-FM marine channel 16, and Marine
Safety Information or Security Bulletins so mariners can adjust their
plans accordingly. The Coast Guard anticipates that this safety zone
will only be enforced for a limited duration while it is in effect.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees
[[Page 35094]]
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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 (adjusted for
inflation) 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 30 minutes that will prohibit entry within 500
yards of a fireworks barge. It is categorically excluded from further
review under paragraph L60c of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Memorandum for Record is available in
the docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0473 to read as follows:
Sec. 165.T05-0473 Safety Zone; Firework Display; Elizabeth River,
Norfolk, VA.
(a) Location. The following area is a safety zone: all waters of
the Elizabeth River within a 500 yard radius from a fireworks barge
located at approximate position latitude 36[deg]50'41'' N, longitude
076[deg]17'47'' W, located near Town Point Park in Norfolk, VA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Virginia in the enforcement of the special
local regulation.
(c) Regulation. (1) No vessel or person is permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF FM Channel 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 8 p.m.
until 11 p.m. on June 11, 2022, or those same hours on June 12, 2022,
in the case of inclement weather on June 11, 2022. This section may
also be enforced during additional times during the effective period if
deemed necessary by the COTP or the Coast Guard designated
representative. The COTP or designated representative will notify the
public of additional enforcement of this zone during its effective
period by all appropriate means to affect the widest publicity among
the affected public, including by Local Notices to Mariners and by
Broadcast Notice to Mariners over VHF-FM marine band radio.
Dated: June 3, 2022.
S.C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Virginia.
[FR Doc. 2022-12408 Filed 6-8-22; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.