[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Rules and Regulations]
[Pages 64670-64673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26378]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0927]
RIN 1625-AA00
Safety Zones; Temporary Change of Date for Recurring Fireworks
Display Within the Fifth Coast Guard District, Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of safety zone regulations for a recurring fireworks display within the
Fifth Coast Guard District. These regulations apply to only one
recurring fireworks display event that takes place at Wrightsville
Beach, NC. Safety zone regulations are 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 Motts Channel and
Banks Channel near Wrightsville Beach, NC, during the event.
DATES: In Sec. 165.506, Table to Sec. 165.506, entry (d)14 is
effective from 5:30 p.m. to 8:30 p.m. on November 27, 2010. In Sec.
165.506, Table to Sec. 165.506, entry (d)10 is suspended effective
from November 20, 2010 through November 27, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0927 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0927 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 rule, call or e-mail Chief Warrant Officer Joseph Edge,
Prevention Department, Coast Guard Sector North Carolina, Atlantic
Beach, NC; 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:
[[Page 64671]]
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 publishing an NPRM is impracticable
and contrary to public interest since immediate action is needed to
minimize potential danger to the public during the event. The Coast
Guard did not receive notification of the change in the date of the
event in sufficient time to issue an NPRM and hold a comment period for
this rulemaking. The potential dangers posed by fallout from
pyrotechnic fireworks displays to vessel traffic transiting the
waterway makes this safety zone necessary to provide for the safety of
spectator craft and 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.
Under 5 U.S.C. 553(d)(3), and for the same reasons, 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, spectator craft and other vessels transiting the event
area.
Background and Purpose
Fireworks display events are frequently held on or adjacent to
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.
This regulation temporarily changes the enforcement period of the
safety zone for one recurring marine event, described at (d)(10) of the
Table to 33 CFR 165.506, that is normally scheduled to occur each year
on the fourth Monday in November.
On November 27, 2010, the North Carolina Holiday Flotilla at
Wrightsville Beach, NC will sponsor the ``2010 NC Holiday Flotilla boat
parade and fireworks''. The event will take place near Wrightsville
Beach, NC on the waters of Motts Channel and Banks Channel. The
regulation at 33 CFR 165.506 is enforced annually for this event. The
event will consist of approximately 40 sailboats and powerboats
participating in a parade in the vicinity of Wrightsville Beach, North
Carolina and conclude with a fireworks display. Also, a fleet of
spectator vessels is expected to gather near the event site to view the
parade and fireworks. To provide for the safety of participants,
spectators, and transiting vessels, the Coast Guard will temporarily
restrict vessel traffic in the event area from 5:30 p.m. to 8:30 p.m.
on November 27, 2010. The regulation at 33 CFR 165.506 will be enforced
for the duration of the event. Vessels may not enter the regulated area
unless they receive permission from the Coast Guard Patrol Commander.
Discussion of Rule
The Coast Guard is temporarily suspending the regulations at 33 CFR
165.506 by changing the date of enforcement in the table to Sec.
165.506. The Coast Guard is temporarily changing the enforcement period
of the safety zone for this recurring event within the Fifth Coast
Guard District. This regulation applies to only one marine event listed
at (d)10 in the Table to Sec. 165.506.
The Table to Sec. 165.506, event (d)10 establishes the enforcement
date for the ``North Carolina Holiday Flotilla''. This regulation
temporarily changes the enforcement date from the fourth Monday in
November to Saturday, November 27, 2010. The temporary safety zone will
be enforced from 5:30 p.m. to 8:30 p.m. on November 27, 2010, and will
restrict general navigation in the regulated area during the event. The
North Carolina Holiday Flotilla, which is the sponsor for this event,
holds this event annually; however, they have changed the date of the
event for 2010 so that it is outside the scope of the existing
enforcement period. Except for participants and vessels authorized by
the Coast Guard Patrol Commander, no person or vessel will be allowed
to enter or remain in the regulated area. These regulations are needed
to control vessel traffic during the event to enhance the safety of
participants, spectators and transiting vessels.
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 rule prevents traffic from
transiting a portion of Motts Channel and Banks Channel during the
specified event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect
and the extensive advance notifications that will be made to the
maritime community via marine information broadcasts, local radio
stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, this rulemaking does not change the
permanent regulated areas that have been published in 33 CFR 165.506,
Table to Sec. 165.506. 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.
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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in Motts Channel or Banks Channel where this event
is 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 event that will be patrolled by the Coast Guard patrol
commander. The Captain of the Port will ensure that
[[Page 64672]]
small entities are able to operate in the areas where events are
occurring 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.
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.
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 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 effect 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 which 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 establishes a safety zone. 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, and 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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
Sec. 165.506 [Amended]
0
2. From November 20, 2010 through November 27, 2010 in Sec. 165.506,
Table to Sec. 165.506, suspend entry (d)10.
0
3. From 5:30 p.m. to 8:30 p.m. on November 27, 2010, in Sec. 165.506,
Table to Sec. 165.506, add entry (d)14 to read as follows:
[[Page 64673]]
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Number Date Event Sponsor Location
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(d) Coast Guard Sector North Carolina--COTP Zone
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* * * * * * *
14........................... November 27, 2010 2010 North NC Holiday Flotilla All waters of Motts
Carolina Holiday at Wrightsville Channel within a
Flotilla boat Beach, NC. 300 yard radius of
parade and the fireworks barge
fireworks. in approximate
position latitude
34[deg]12'29'' N,
longitude
077[deg]48'27'' W,
approximately 560
yards south of Sea
Path Marina,
Wrightsville Beach,
NC.
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Dated: September 28, 2010.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-26378 Filed 10-19-10; 8:45 am]
BILLING CODE 9110-04-P