[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37963-37966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15165]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0115]
RIN 1625-AA00
Safety Zone; Fifth Coast Guard District Fireworks Display Cape
Fear River; Wilmington, 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 Cape Fear River,
Wilmington, North Carolina. The fireworks display formerly originated
from a location on land but this year will originate from a barge. 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 Cape Fear River, Wilmington, North
Carolina, during the event.
DATES: This rule will be effective from 5:30 p.m. on July 4, 2013,
until 1 a.m. on July 5, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0115]. 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 regulation for this fireworks display is located at 33 CFR
165.506, Table to Sec. 165.506, section (d.) line 2. The Coast Guard
plans to permanently amend the regulation at 33 CFR 165.506 at a later
date to reflect this change.
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 and immediate
action is needed to minimize potential danger to the public during the
event. The potential dangers posed by fireworks displays conducted on
the Cape Fear River with other vessel traffic makes a safety zone
necessary to provide for the safety of participants, spectator craft
and
[[Page 37964]]
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.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Any delay
encountered in this regulation's effective date by waiting for the NPRM
comment period to close would be impracticable and contrary to public
interest since immediate action is needed to provide for the safety of
life and property on navigable waters from the hazardous nature of
fireworks including unexpected detonation and burning debris.
B. Basis 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 or Captain of the Port Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP North Carolina zone listed in section ``(d.)'' of the Table.
The Battleship NORTH CAROLINA Commission sponsors an annual
fireworks display held on July 4 over the waters of Cape Fear River at
Wilmington, North Carolina. The Table to Sec. 165.506, at section (d.)
event Number ``2'', describes the enforcement date and regulated
location for this fireworks event.
The location listed in the Table has the fireworks display
originating from a location, on land, on the north bank of the Cape
Fear River at Wilmington, North Carolina. However, this event changes
the fireworks launch location on July 4, 2013, to a position on the
Cape Fear River at latitude 34[deg]14'17'' N longitude 077[deg]57'11''
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.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 165.506, section (d.) event Number 2, and insert this
temporary regulation at Table to Sec. 165.506, at section (d.) as
event Number ``15'', in order to reflect that the fireworks display
will originate from a barge in the Cape Fear River 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
Cape Fear River within a 300 yards radius of latitude 34[deg]14'17'' N
longitude 077[deg]57'11'' 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 for
the safety of participants and transiting vessels.
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.
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 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.
Additionally, this rulemaking changes the regulated area for the Cape
Fear River fireworks demonstration for July 4, 2013 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 ``2''. 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.
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 Cape Fear River 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 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.
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
[[Page 37965]]
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 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, 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. In Sec. 165.506, amend section (d) Coast Guard Sector North
Carolina--COTP Zone in the Table to Sec. 165.506 by--
0
a. Suspending entry 2, ``Cape Fear River, Wilmington, NC, Safety
zone,'' from 5:30 p.m. on July 4, 2013, to 1 a.m. on July 5, 2013; and
0
b. Adding entry 15 from 5:30 p.m. on July 4, 2013, to 1 a.m. on July 5,
2013, to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
[[Page 37966]]
Table to Sec. 165.506
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Number Date Location Regulated area
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* * * * * * *
(d) Coast Guard Sector North Carolina--COTP Zone
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* * * * * * *
15................................ July 4-5, 2013............ Cape Fear River, All waters of the Cape
Wilmington, NC, Fear River within a 300
Safety Zone. yard radius of the
fireworks launch barge
in approximate position
latitude 34[deg]14'17''
N longitude
077[deg]57'11''.
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Dated: May 2, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-15165 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P