[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30732-30735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12376]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0148]
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 safety zone is effective from 5:30 p.m. on July 4, 2014 to
1 a.m. on July 5, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0148]. To view documents
[[Page 30733]]
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 LCDR Evelynn B. Samms, Coast Guard Sector North Carolina,
Coast Guard; telephone: (910)772-2207, email: [email protected].
If you have questions on viewing or submitting material to the docket,
Cheryl Collins, 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
This fireworks display event is regulated at 33 CFR 165.506, Table
to Sec. 165.506, section (d.), entry number ``2''. On June 25, 2013, a
Temporary Final Rule (TFR) was published amending 33 CFR 165.506, Table
to Sec. 165.506, section (d.), entry number ``2'' entitled ``Safety
Zone, Fifth Coast Guard District Fireworks Display Cape Fear River;
Wilmington, NC'' in the Federal Register (78 FR 37963). The Coast Guard
plans to permanently amend the regulation at 33 CFR 165.506 at a later
date to reflect this change. A Notice to Proposed Rule Making was
published on March 27, 2014 in the Federal Register (79 FR 17085). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
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--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 in 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 has relinquished
sponsorship to the City of Wilmington for the annual fireworks display
held on July 4th over the waters of the Cape Fear River in Wilmington,
North Carolina. The Table in Sec. 165.506, at section (d.), entry
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, the coordinator for
this event changed the fireworks launch location for July 4, 2014, 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 the 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 current regulation
listed in the Table at Sec. 165.506, section (d.), entry number ``2'',
and insert this temporary regulation in the Table at Sec. 165.506,
section (d.), as entry 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 at
Sec. 165.506 or other provisions in the Table at 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.
The enforcement period for this safety zone does not change from
the enforcement period currently listed in the Table at Sec. 165.506,
section (d.), entry number ``2''. Therefore, this safety zone will be
enforced from 5:30 p.m. on July 4, 2014 through 1 a.m. on July 5, 2014.
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, 2014 only and does not
change the permanent regulated area that has been published in 33 CFR
165.506, Table Sec. 165.506 at section (d.), entry 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
[[Page 30734]]
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 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 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. 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, 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.
[[Page 30735]]
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2. In Sec. 165.506, amend Table to Sec. 165.506 as follows:
0
a. Under ``(d.) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry number ``2'', from 5:30 p.m. on July 4, 2014 to 1 a.m. on July 5,
2015.
0
b. Under, ``(d.) Coast Guard Sector North Carolina--COTP Zone,'' add
entry number ``15'', which will be enforced from 5:30 p.m. on July 4,
2014 to 1 a.m. on July 5, 2014, to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
Table to Sec. 165.506
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No. Date Location Regulated area
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* * * * * * *
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(d.) Coast Guard Sector North Carolina--COTP Zone
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* * * * * * *
15................................ July 4-5, 2014............ 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 14, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-12376 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P