[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31493-31496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12875]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0384]
RIN 1625-AA00
Safety Zones; Fourth of July Fireworks Displays Within the
Captain of the Port Charleston Zone, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing five temporary safety zones
during Fourth of July Fireworks Displays on certain navigable waterways
in Hilton Head Island, Mount Pleasant, Murrells Inlet, North
Charleston, and North Myrtle Beach, South Carolina. These safety zones
are necessary to protect the public from the hazards associated with
launching fireworks over navigable waters of the United States. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within any of the safety zones unless authorized by
the Captain of the Port Charleston or a designated representative.
DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on July
4, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0384 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0384 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 final rule, call or email Ensign John R. Santorum, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email
[[Page 31494]]
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
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 the Coast Guard did not receive
necessary information regarding the fireworks displays until April 30,
2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the fireworks
displays. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to the public during the fireworks displays.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to protect the public from the hazards
associated with launching fireworks over navigable waters of the United
States.
Discussion of Rule
Multiple fireworks displays are planned for Fourth of July
celebrations throughout the Captain of the Port Charleston Zone. The
fireworks will be launched from land, piers, or barges. The fireworks
will explode over navigable waters of the United States.
The Coast Guard is establishing five temporary safety zones for
Fourth of July Fireworks Displays on navigable waters of the United
States within the Captain of the Port Charleston Zone. The five safety
zones, with the specific enforcement period for each safety zone, are
listed below.
1. Hilton Head Island, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
2. Mount Pleasant, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Cooper River. This safety zone will be enforced from
8:30 p.m. until 9:50 p.m. on July 4, 2012.
3. Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
4. North Charleston, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Cooper River. This safety zone will be enforced from
8:30 p.m. until 10 p.m. on July 4, 2012.
5. North Myrtle Beach, South Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean. This safety zone will be
enforced from 9 p.m. until 10:30 p.m. on July 4, 2012.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the safety zones
unless authorized by the Captain of the Port Charleston or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within any of the safety zones may contact the
Captain of the Port Charleston via telephone at (843) 740-7050, or a
designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within any of the safety zones is granted by the Captain of
the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the safety zones by Broadcast
Notice to Mariners, Marine Safety Information Bulletins, and on-scene
designated representatives.
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
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) Each safety zone will be enforced for a maximum
of 2 hours; (2) vessel traffic in the areas is expected to be minimal
during the enforcement periods; (3) although persons and vessels will
not be able to enter, transit through, anchor in, or remain within any
of the safety zones without authorization from the Captain of the Port
Charleston or a designated representative, they may operate in the
surrounding areas during the enforcement periods; (4) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zones if authorized by the Captain of the Port Charleston or
a designated representative; and (5) the Coast Guard will provide
advance notification of the safety zones to the local maritime
community by Broadcast Notice to Mariners and Marine Safety Information
Bulletins.
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 may affect the following
[[Page 31495]]
entities, some of which may be small entities: the owners or operators
of vessels intending to enter, transit through, anchor in, or remain
within any of the safety zones described in this rule during the
respective enforcement periods. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
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 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 that 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 five temporary safety
zones that will be enforced for no more than two hours. 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. Add a temporary Sec. 165.T07-0384 to read as follows:
Sec. 165.T07-0384 Safety Zones; Fourth of July Fireworks Displays
within the Captain of the Port Charleston Zone, SC.
(a) Regulated Areas. The following regulated areas are safety
zones, with the specific enforcement period for each safety zone. All
coordinates are North American Datum 1983.
[[Page 31496]]
(1) Hilton Head Island, South Carolina. All waters within a 500
yard radius around the barge from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway at approximate position
32[deg]13'57'' N, 80[deg]45'06'' W. This safety zone will be enforced
from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
(2) Mount Pleasant, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Cooper River at approximate position 32[deg]47'32'' N,
79[deg]54'33'' W. This safety zone will be enforced from 8:30 p.m.
until 9:50 p.m. on July 4, 2012.
(3) Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway at approximate position
33[deg]33'23'' N, 79[deg]01'48'' W. This safety zone will be enforced
from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
(4) North Charleston, SC. All waters within a 500 yard radius
around the barge from which the fireworks will be launched, located on
the Cooper River at approximate position 32[deg]52'01'' N,
79[deg]57'35'' W. This safety zone will be enforced from 8:30 p.m.
until 10 p.m. on July 4, 2012.
(5) North Myrtle Beach, South Carolina. All waters within a 500
yard radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean at approximate position
33[deg]49'38'' N, 78[deg]37'54'' W. This safety zone will be enforced
from 9 p.m. until 10:30 p.m. on July 4, 2012.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port Charleston
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
(d) Effective Date. This rule is effective from 8:30 p.m. until
10:30 p.m. on July 4, 2012.
Dated: May 14, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-12875 Filed 5-25-12; 8:45 am]
BILLING CODE 9110-04-P