[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25577-25579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10321]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0258]
RIN 1625-AA00
Safety Zone, Figure Eight Causeway Channel; Figure Eight Island,
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 Figure Eight Causeway Channel, Figure Eight Island, NC in
support of the fireworks display for a private wedding. 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 will be effective from 8 p.m. until 11 p.m. on May 31,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0258]. 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 Barbara Hairston, 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 April 10, 2013. As such, it is
impracticable to provide a full comment period due to lack of time.
Under 5 U.S.C. 553(d)(3), for the same reasons as discussed above,
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 for comment would impracticable and
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 affected waterways
of the safety zone via marine information broadcasts, local notice to
mariners, commercial radio stations, and area newspapers.
B. Basis and Purpose
On May 31, 2013, East Coast Pyrotechnics will provide a fireworks
display in support of a private wedding over the waters of the Figure
Eight Causeway Channel. The fireworks will be launched from the
southern shore of Figure Eight Causeway Channel. The fireworks debris
fallout area will extend over the navigable waters of Figure Eight
Causeway Channel. 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 Figure Eight Island Channel in Figure Eight Island, NC. The
regulated area of this safety zone includes all water of the Figure
Eight Island Channel from latitude 34[deg]16'32'' N, longitude
077[deg]45'32'' W, thence east along the marsh to a position located at
latitude 34[deg]16'19'' N, longitude 077[deg]44'55'' W, thence south to
the causeway at position latitude 34[deg]16'16'' N, longitude
077[deg]44'58'' W, thence west along the shoreline to position latitude
34[deg]16'29'' N, longitude 077[deg]45'34'' W, thence back to the point
of origin.
This safety zone will be effective from 8 p.m. to 11 p.m. on May
31, 2013. 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
[[Page 25578]]
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 these statutes and 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 Figure Eight Causeway Channel, 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 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 Figure Eight Causeway Channel
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 through the regulated area at various times,
and, with the permission of the Patrol Commander. Before the
enforcement period, the Coast Guard will issue maritime advisories so
mariners can adjust their plans accordingly.
3. Assistance for Small Entities
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
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
INTFORMATION 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
[[Page 25579]]
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 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.
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; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T05-0258 to read as follows:
Sec. 165.T05-0258 Safety Zone, Figure Eight Causeway Channel; Figure
Eight Island, 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, all water of the Figure Eight Island Channel from latitude
34[deg]16'32'' N, longitude 077[deg]45'32'' W, thence east along the
marsh to a position located at latitude 34[deg]16'19'' N, longitude
077[deg]44'55'' W, thence south to the causeway at position latitude
34[deg]16'16'' N, longitude 077[deg]44'58'' W, thence west along the
shoreline to position latitude 34[deg]16'29'' N, longitude
077[deg]45'34'' W, thence back to the point of origin.
(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 May 31,
2013 from 8 p.m. to 11 p.m. unless cancelled earlier by the Captain of
the Port.
Dated: April 12, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Sector North Carolina.
[FR Doc. 2013-10321 Filed 5-1-13; 8:45 am]
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