[Federal Register Volume 75, Number 195 (Friday, October 8, 2010)]
[Rules and Regulations]
[Pages 62320-62323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25380]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0917]
RIN 1625-AA00
Safety Zone; Fireworks for USS GRAVELY Commissioning Ceremony,
Cape Fear River, Wilmington, 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 Cape Fear River in Wilmington, NC in support of the Fireworks
for the USS GRAVELY Commissioning Ceremony. 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 is effective from 9 p.m. to 10 p.m. November 19, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0917 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0917 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.
[[Page 62321]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BOSN3 Joseph Edge, Waterways Management
Division, Coast Guard; telephone 252-247-4525, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters.
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. Delaying the effective date would
be 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.
Basis and Purpose
On November 19, 2010, the USS GRAVELY Commissioning Committee will
sponsor a fireworks display on the western shore of the Cape Fear River
at Battleship Park. The fireworks debris fallout area will extend over
the navigable waters of Cape Fear River. 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.
Discussion of Rule
The Coast Guard is establishing a safety zone on the navigable
waters of Cape Fear River within an area bound by a line drawn from the
following points: latitude 34[deg]13'54'' N, longitude 077[deg]57'06''
W; thence northeast to latitude 34[deg]13'57'' N, longitude
077[deg]57'05'' W; thence north to latitude 34[deg]14'11'' N, longitude
077[deg]57'07'' W; thence northwest to latitude 34[deg]14'22'' N,
longitude 077[deg]57'19'' W; thence west to latitude 34[deg]14'22'' N,
longitude 077[deg]57'06'' W; thence southeast to latitude
34[deg]14'07'' N, longitude 077[deg]57'00'' W; thence south to latitude
34[deg]13'54'' N, longitude 077[deg]56'58'' W; thence to the point of
origin, located approximately 500 yards north of Cape Fear Memorial
Bridge. This safety zone will be established in the vicinity of
Wilmington, NC from 9 p.m. to 10 p.m. on November 19, 2010. 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 Captain of the
Port, or his or her representative, no person or vessel may enter or
remain in the regulated area.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the specified portion of Cape Fear River from 9 p.m. to 10 p.m. on
November 19, 2010. This rule will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (1) This rule will be enforced for only one hour on November
19, 2010; (2) Vessel traffic will be able to navigate safely around the
safety zone without significant impact to their transit plans; and (3)
Before the effective period begins, we will issue maritime advisories.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
[[Page 62322]]
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.
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.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 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, under figure 2-1, paragraph (34)(g), of
the Instruction. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 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;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0917 to read as follows:
Sec. 165.T05-0917 Safety Zone: Fireworks for USS GRAVELY
Commissioning Ceremony, Cape Fear River, Wilmington, NC.
(a) Regulated area. 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, on the navigable waters of Cape Fear River within an
area bound by a line drawn from the following points: Latitude
34[deg]13'54'' N, longitude 077[deg]57'06'' W; thence northeast to
latitude 34[deg]13'57'' N, longitude 077[deg]57'05'' W; thence north to
latitude 34[deg]14'11'' N, longitude 077[deg]57'07'' W; thence
northwest to latitude 34[deg]14'22'' N, longitude 077[deg]57'19'' W;
thence west to latitude 34[deg]14'22'' N, longitude 077[deg]57'06'' W;
thence southeast to latitude 34[deg]14'07'' N, longitude
077[deg]57'00'' W; thence south to latitude 34[deg]13'54'' N, longitude
077[deg]56'58'' W; thence to the point of origin, located approximately
500 yards north of Cape Fear Memorial Bridge.
(b) Definition. For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his or her behalf.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Sector North Carolina or his or
her designated representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Sector North Carolina can be reached
through the Sector Duty Officer at Sector North Carolina in Atlantic
Beach, North Carolina at telephone number (252) 247-4570.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement period. This regulation will be in effect from 9
p.m. to 10 p.m. on November 19, 2010.
[[Page 62323]]
Dated: September 23, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Sector North Carolina.
[FR Doc. 2010-25380 Filed 10-7-10; 8:45 am]
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