[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44468-44470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18572]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0624]
RIN 1625-AA00
Safety Zone; Fireworks for NC NENA/APCO Conference, Cape Fear
River; Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Cape Fear River; Wilmington, NC in support of the Fireworks
display for the NC NENA/APCO Conference. This action is necessary to
protect the life and property of the maritime public and spectators
from the hazards posed by aerial fireworks displays. Entry into or
movement within this safety zone during the enforcement period is
prohibited without approval of the Captain of the Port.
DATES: This rule is effective on August 28, 2012 and enforced from 8
p.m. to 11 p.m. on August 28, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0624]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone 252-247-4525, email [email protected]. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 final details for this event were
not provided to the Coast Guard until June 25, 2012. As such, it is
impracticable to provide a full comment period due to lack of time.
Delaying the effective date for comment would be contrary to the public
interest, since immediate action is needed to ensure the safety of the
event participants, patrol vessels, spectator craft and other vessels
transiting the event area. The Coast Guard will provide advance
notifications to users of the effected waterways of the safety zone via
marine information broadcasts, local notice to mariners, commercial
radio stations and area newspapers.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons
noted above, that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
B. Basis and Purpose
The legal basis for this rule is 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. which collectively authorize the Coast
Guard to define regulatory safety zones.
On August 28, 2012, NC NENA/APCO Conference will sponsor a land-
based fireworks display on the western shore of the Cape Fear River at
Battleship Park. The fireworks debris fallout area will extend over the
navigable waters of Cape Fear River. Due to the need to protect
mariners and spectators from the hazards associated with the fireworks
display, including accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris, vessel traffic
will be temporarily restricted from transiting within fireworks launch
and fallout area.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone on the navigable
waters of Cape Fear River within an area bound by a line drawn from the
following points: Latitude 34[deg]13'54'' N, longitude 077[deg]57'06''
W; thence northeast to latitude 34[deg]13'57'' N, longitude
077[deg]57'05'' W; thence north to latitude 34[deg]14'11'' N, longitude
077[deg]57'07'' W; thence northwest to latitude 34[deg]14'22'' N,
longitude 077[deg]57'19'' W; thence west to latitude 34[deg]14'22'' N,
longitude 077[deg]57'06'' W; thence southeast to latitude
34[deg]14'07'' N, longitude 077[deg]57'00'' W; thence south to latitude
34[deg]13'54'' N, longitude 077[deg]56'58'' W; thence to the point of
origin, located
[[Page 44469]]
approximately 500 yards north of Cape Fear Memorial Bridge. This safety
zone will be established and enforced in the vicinity of Wilmington, NC
from 8 p.m. to 11 p.m. on August 28, 2012. In the interest of public
safety, general navigation within the safety zone will be restricted
during the specified date and times. Except for participants and
vessels authorized by the Coast Guard Captain of the Port or his
representative, no person or vessel may enter or remain in the
regulated area.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
restricts access to a small segment of the Cape Fear River, the effect
of this rule will not be significant because: (i) The safety zone will
be in effect for a limited duration; (ii) the zone is of limited size;
and (iii) the Coast Guard will make notifications via maritime
advisories so mariners can adjust their plans accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during 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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the specified portion of Cape Fear River from 8 p.m. to 11 p.m. on
August 28, 2012. This rule will not have a significant economic impact
on a substantial number of small entities for the following reasons:
(1) This rule will be enforced for only three hours on August 28, 2012;
(2) Vessel traffic will be able to navigate safely around the safety
zone without significant impact to their transit plans; and (3) Before
the effective period begins, we will issue maritime advisories.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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
[[Page 44470]]
complying with the National Environmental Policy Act of 1969 (NEPA) (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
establishing a safety zone for a fireworks display launch site and
fallout area and is expected to have no impact on the water or
environment. This zone is designed to protect mariners and spectators
from the hazards associated with aerial fireworks displays. This rule
is categorically excluded from further review under paragraph 34 (g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-0624 to read as follows:
Sec. 165.T05-0624 Safety Zone: Fireworks For NC NENA/APCO Conference,
Cape Fear River, Wilmington, NC.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Representative means
any Coast Guard commissioned, warrant, or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
(b) Location. The following area is a safety zone: specified waters
of the Captain of the Port, Sector North Carolina, as defined in 33 CFR
3.25-20, on the navigable waters of Cape Fear River within an area
bound by a line drawn from the following points: Latitude
34[deg]13'54'' N, longitude 077[deg]57'06'' W; thence northeast to
latitude 34[deg]13'57'' N, longitude 077[deg]57'05'' W; thence north to
latitude 34[deg]14'11'' N, longitude 077[deg]57'07'' W; thence
northwest to latitude 34[deg]14'22'' N, longitude 077[deg]57'19'' W;
thence west to latitude 34[deg]14'22'' N, longitude 077[deg]57'06'' W;
thence southeast to latitude 34[deg]14'07'' N, longitude
077[deg]57'00'' W; thence south to latitude 34[deg]13'54'' N, longitude
077[deg]56'58'' W; thence to the point of origin, located approximately
500 yards north of Cape Fear Memorial Bridge.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
(2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number (910) 343-3882 or by radio on
VHF Marine Band Radio, channels 13 and 16.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced on August 28,
2012 from 8 p.m. to 11 p.m. unless cancelled earlier by the Captain of
the Port.
Dated: July 19, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2012-18572 Filed 7-27-12; 8:45 am]
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