[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31843-31846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13646]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0384]
RIN 1625-AA00
Safety Zone; Temporary Change to Enforcement Location of
Recurring Fireworks Display Event, Currituck Sound; Corolla, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement
location of a safety zone for one specific recurring fireworks display
in the Fifth Coast Guard District. This regulation applies to only one
recurring fireworks event, held adjacent to the Currituck Sound,
Corolla, North Carolina. The fireworks display formerly originated from
a barge but will this year originate from a location on land. The
safety zone is necessary to provide for the safety of life on navigable
waters during the event. This action is intended to restrict vessel
traffic in a portion of the Currituck Sound, Corolla, NC, during the
event.
DATES: In Sec. 165.506, entry (d)14 is effective from 5:30 p.m. on
July 4, 2011 until 1 a.m. on July 5, 2011. In Sec. 165.506, Table to
Sec. 165.506, entry (d)5 is suspended from 5:30 p.m. on July 4, 2011
until 1 a.m. on July 5, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0384 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0384 in the
``Keyword'' box, and then clicking ``Search.'' They are 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 CWO3 Joseph M. Edge, Coast Guard Sector
North Carolina, Coast Guard; telephone 252-247-4525, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 31844]]
Regulatory Information
The Coast Guard is issuing this temporary final 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 because immediate action is needed to
minimize potential danger to the public during the event. The potential
dangers posed by fireworks displays conducted near the Currituck Sound
with other vessel traffic makes a safety zone necessary to provide for
the safety of participants, spectator craft and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have these regulations in effect during the event.
The Coast Guard will issue broadcast notice to mariners to advise
vessel operators of navigational restrictions. On scene Coast Guard and
local law enforcement vessels will also provide actual notice to
mariners.
Background and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and their regulated locations is 33 CFR 165.506. A
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP North Carolina zone listed in Portion ``d'' of the Table.
The township of Corolla, North Carolina, sponsors an annual
fireworks display held on July 4th over the waters of Currituck Sound
at Corolla, North Carolina. The Table to Sec. 165.506, at Portion
``d'' event Number ``5'', established the enforcement date and
regulated location for this fireworks event.
The location listed in the Table has the fireworks display
originating from a fireworks barge on Currituck Sound. However, this
temporary final rule changes the fireworks launch location on July 4,
2011, to a position on shore at latitude 36[deg]22'23.8'' N, longitude
075[deg]49'56.3'' W.
A fleet of spectator vessels is anticipated to gather nearby to
view the fireworks display. Due to the need for vessel control during
the fireworks display vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.
Discussion of Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 165.506, at Portion ``d'' event Number ``5'', and will
insert this new temporary regulation at Table to Sec. 165.506, at
Portion ``d'' as event Number ``14'', in order to reflect that the
fireworks display will originate from a point on shore and therefore
the regulated area is changed. This change is needed to accommodate the
sponsor's event plan. No other portion of the Table to Sec. 165.506 or
other provisions in Sec. 165.506 shall be affected by this regulation.
The regulated area of this safety zone includes all water of the
Currituck Sound within a 300 yards radius of latitude 36[deg]22'23.8''
N, longitude 075[deg]49'56.3'' W.
This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event to
enhance the safety of participants and transiting vessels.
The enforcement period for this safety zone does not change from
that enforcement period listed in Sec. 165.506(d). Therefore, this
safety zone will be enforced from 5:30 p.m. on July 4, 2011 through 1
a.m. on July 5, 2011.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
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.
This rule prevents traffic from transiting a portion of the
Currituck Sound during the specified event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking changes the regulated area for the Currituck Sound fireworks
demonstration for July 4, 2011 only and does not change the permanent
regulated area that has been published in 33 CFR 165.506, Table to
Sec. 165.506 at portion ``d'' event Number ``5''. In some cases vessel
traffic may be able to transit the regulated area when the Coast Guard
Patrol Commander deems it is safe to do so.
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 would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the Currituck Sound where fireworks events are
being held. This regulation will not have a significant impact on a
substantial number of small entities because it will be enforced only
during the fireworks display event that has been permitted by the Coast
Guard Captain of the Port. The Captain of the Port will ensure that
small entities are able to operate in the regulated area when it is
safe to do so. In some cases, vessels will be able to safely transit
around the regulated area at various
[[Page 31845]]
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard will issue maritime advisories so mariners can adjust their
plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 affect 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 establishes a safety zone. 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.
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. 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Amend Sec. 165.506 as follows:
0
a. From 5:30 p.m. on July 4, 2011 through 1 a.m. on July 5, 2011 in the
Table to Sec. 165.506, suspend entry (d)5.
0
b. From 5:30 p.m. on July 4, 2011 through 1 a.m. on July 5, 2011, in
the Table to Sec. 165.506, add entry (d)14 to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays.
* * * * *
[[Page 31846]]
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Number Date Location Regulated area
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* * * * * * *
(d) Coast Guard Sector North Carolina--COTP Zone
* * * * * * *
14.............................. July 4, 2011...... Currituck Sound, Corolla, All waters of the Currituck
NC, Safety Zone. Sound within a 300 yard radius
of the fireworks launch site
in approximate position
latitude 36[deg]22'23.8'' N,
longitude 075[deg]49'56.3'' W,
located near Whale Head Bay.
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Dated: May 10, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2011-13646 Filed 6-1-11; 8:45 am]
BILLING CODE 9110-04-P