Rule2024-15551
Safety Zone; Atlantic Ocean, Virginia Beach Oceanfront, VA; Air Show
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 16, 2024
Effective
August 20, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters in the vicinity of the Virginia Beach, VA oceanfront. This action is necessary to provide for the safety of life on these navigable waters during an air show. This temporary rule prohibits persons and vessels from entry in the safety zone unless authorized by the Captain of the Port Sector Virginia (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 136 (Tuesday, July 16, 2024)</title>
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[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Rules and Regulations]
[Pages 57732-57734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15551]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0346]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Virginia Beach Oceanfront, VA; Air
Show
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters in the vicinity of the Virginia Beach, VA oceanfront.
This action is necessary to provide for the safety of life on these
navigable waters during an air show. This temporary rule prohibits
persons and vessels from entry in the safety zone unless authorized by
the Captain of the Port Sector Virginia (COTP) or a designated
representative.
DATES: This rule is effective August 20, 2024, through August 21, 2024.
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-
2024-0346 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email CDR Patrick Grizzle, Sector Virginia, Prevention
Department, U.S. Coast Guard, Telephone: 757-668-5580, email:
<a href="/cdn-cgi/l/email-protection#a7f1ced5c0cec9cec6f0c6d3c2d5d0c6ded4e7d2d4c4c089cacecb"><span class="__cf_email__" data-cfemail="9bcdf2e9fcf2f5f2faccfaeffee9ecfae2e8dbeee8f8fcb5f6f2f7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 4, 2024, the National Air, Sea, and Space Foundation
notified the Coast Guard that the 2024 NATO Joint Power Demo Air Show
will be occurring Tuesday, August 20, 2024, to Wednesday, August 21,
2024. The air show includes an aerial performance area over a portion
of the Virginia Beach oceanfront, where high powered jet aircraft will
perform aerobatic maneuvers. In response, on May 17, 2024, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety
Zone; Atlantic Ocean, Virginia Beach Oceanfront, VA; Air Show'' (89 FR
43350). There, we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this air show. During the
comment period that ended June 17, 2024, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Virginia (COTP) has determined
that potential hazards associated with the airshow beginning August 20,
2024 through August 21, 2024, will be a safety concern for anyone
within the following points: 36[deg]53'10'' N, 075[deg]58'57'' W;
36[deg]53'27'' N, 075[deg]57'22'' W; 36[deg]51'31'' N, 075[deg]56'48''
W; 36[deg]51'14'' N, 075[deg]58'23'' W. 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 Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
17, 2024. There are no changes in the regulatory text of this rule from
the rule proposed in the NPRM.
This rule establishes a safety zone from August 20, 2024, until
August 21, 2024. The safety zone would cover all navigable waters from
the shoreline of the Atlantic Ocean at the Virginia Beach Oceanfront
contained within the following points: 36[deg]53'10'' N,
075[deg]58'57'' W; 36[deg]53'27'' N, 075[deg]57'22''W; 36[deg]51'31''
N, 075[deg]56'48'' W; 36[deg]51'14'' N, 075[deg]58'23'' W. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the air show. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
[[Page 57733]]
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size and
location of the regulated area. Vessel traffic will be able to safely
transit around this safety zone which would only impact a small,
designated area of the Atlantic Ocean during an air show. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 received no comments from the Small Business
Administration on this rulemaking. 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 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 This
proposed rule involves a safety zone for each day of the two-day event,
that would prohibit entry within a small portion of the Atlantic Ocean
at the Virginia Beach Oceanfront. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination 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
Marine safety, Navigation, Security Measures, Waterways.
For the reasons set forth 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0346 to read as follows:
[[Page 57734]]
Sec. 165.T05-0346 Safety Zone; Atlantic Ocean, Virginia Beach
Oceanfront, VA; Air Show
(a) Location. The following area is a safety zone: all navigable
waters from the shoreline of the Atlantic Ocean at the Virginia Beach
Oceanfront contained within the following points: 36[deg]53'10'' N,
075[deg]58'57'' W; 36[deg]53'27'' N, 075[deg]57'22'' W; 36[deg]51'31''
N, 075[deg]56'48'' W; 36[deg]51'14'' N, 075[deg]58'23'' W.
(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, Sector Virginia (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by 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 August
20, 2024, through August 21, 2024.
Dated: July 9, 2024.
P.M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-15551 Filed 7-15-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 16, 2024.
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