[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36416-36419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15137]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0471]
RIN 1625-AA00
Safety Zones; Fourth of July Fireworks Displays Within the
Captain of the Port Charleston Zone, SC
AGENCY: Coast Guard, DHS.
[[Page 36417]]
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 certain navigable waterways
in Murrells Inlet and North Myrtle Beach, South Carolina. These safety
zones are necessary to protect the public from 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 on July 4, 2014 and will be enforced from
9:00 p.m. until 10:25 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-0471 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-0471 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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
temporary final rule, call or email CWO Christopher L. Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email [email protected]. If you have questions
on viewing the docket, call 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
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 Coast Guard did not receive
necessary information regarding the fireworks displays until May 27,
2014. As a result, the Coast Guard did 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.
For the same reason discussed above, 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.
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, and 160.5; Public Law 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.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 Rule
Multiple fireworks displays are planned for Fourth of July
celebrations throughout the Captain of the Port Charleston Zone. The
fireworks will be launched from land, piers, or barges. 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, with the specific enforcement period for each safety zone, are
listed below.
1. Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 9:00 p.m. until 10:15 p.m. on July 4, 2014.
2. North Myrtle Beach, South Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean. This safety zone will be
enforced from 9:00 p.m. until 10:25 p.m. on July 4, 2014.
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) The safety
zone will only be enforced for a total of one and a half hours; (2)
although persons and vessels may not enter, transit through, anchor in,
or remain within the safety zone without authorization from the Captain
of the Port Charleston or a designated representative, they may operate
in the surrounding area during the enforcement period; (3) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zone if authorized by the Captain of the Port Charleston or
a designated representative; and (4) the Coast Guard will provide
advance notification of the safety zone to the local maritime
[[Page 36418]]
community by Local Notice to Mariners and Broadcast Notice to Mariners.
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.
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
section 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 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). Based on our
analysis, we concluded 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
An environmental analysis checklist and a Categorical Exclusion
Determination were completed for this event in previous years. Since
this event has remained materially unchanged from the time of the prior
determinations, a new environmental analysis checklist and Categorical
Exclusion Determination were not completed for 2014. The previously
completed environmental analysis checklist and Categorical Exclusion
Determination can be found in docket folder for USCG-2013-0415 at
www.regulations.gov.
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, and 160.5;
[[Page 36419]]
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0471 to read as follows:
Sec. 165.T07-0471 Safety Zone; Fourth of July Fireworks Displays
Within Captain of the Port Charleston Zone, SC.
(a) Regulated Area. The following regulated areas are safety zones.
(1) Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway.
(2) North Myrtle Beach, South Carolina. All waters within a 500
yard radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean.
(b) Effective and enforcement periods. Paragraph (a)(1) of this
section will be enforced from 9:00 p.m. until 10:15 p.m. on July 4,
2014. Paragraph (a)(2) of this section will be enforced from 9:00 p.m.
until 10:25 p.m. on July 4, 2014.
(c) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and 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
area.
(d) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area 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 area may contact the Captain of the
Port 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 area 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 area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
Dated: June 17, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-15137 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P