[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37115-37118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14666]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0415]
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 two temporary safety zones
during Fourth of July Fireworks Displays on navigable waterways in
Murrells Inlet, 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 9 p.m. until 10:30 p.m. on July 4,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0415. 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
[[Page 37116]]
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 Ensign Christopher L. Ruleman, Sector Charleston Office
of Waterways Management, Coast Guard; telephone (843) 740-3184, 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 it is impracticable. The Coast Guard did
not receive necessary information from the event sponsors until
recently. As a result, the Coast Guard does 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.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. 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; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
Multiple fireworks displays are planned for Fourth of July
celebrations throughout the Captain of the Port Charleston Zone. The
fireworks will explode over navigable waters of the United States. The
Coast Guard is establishing two 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 two safety zones will be
enforced from 9 p.m. until 10:30 p.m. on July 4, 2013.
The purpose of the rule is to protect the public from the hazards
associated with launching fireworks over navigable waters of the United
States.
C. Discussion of the Rule
The first safety zone is in Murrells Inlet, South Carolina. The
safety zone encompasses all waters within a 500 foot radius around
Veterans Pier, from which the fireworks will be launched, located on
the Atlantic Intracoastal Waterway.
The second safety zone is in North Myrtle Beach, South Carolina.
The safety zone encompasses all waters within a 600 foot radius around
Cherry Grove Pier, from which the fireworks will be launched, located
on the Atlantic Ocean.
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.
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. The economic impact of
this rule is not significant for the following reasons: (1) Each safety
zones will be enforced for a maximum of 1.5 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.
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 may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit through, anchor in, or remain within
[[Page 37117]]
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.
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
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 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 is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This
rule involves establishing two temporary safety zones that will be
enforced for no more than 1.5 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.T07-0415 to read as follows:
Sec. 165.T07-0415 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. All coordinates are North American Datum 1983.
(1) Murrells Inlet, South Carolina. All waters within a 500 foot
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]01'54'' W.
(2) North Myrtle Beach, South Carolina. All waters within a 600
foot 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.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and
[[Page 37118]]
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
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 9 p.m. until 10:30
p.m. on July 4, 2013.
Dated: June 6, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-14666 Filed 6-19-13; 8:45 am]
BILLING CODE 9110-04-P