[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Rules and Regulations]
[Pages 67800-67802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19909]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-106]
RIN 1625-AA00


Safety Zone: Fireworks Display, Motts Channel, Wrightsville 
Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 1000 foot safety zone around 
a fireworks display for the North Carolina Holiday Flotilla occurring 
on November 25, 2006, on Motts Channel, Wrightsville Beach, NC. This 
action is intended to restrict vessel traffic on Motts Channel. This 
safety zone is necessary to protect mariners from the hazards 
associated with fireworks displays.

DATES: This rule is effective from 6 p.m. to 8 p.m. on November 25, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-106 and are available for 
inspection or copying at the Coast Guard Marine Safety Unit Wilmington, 
North Carolina between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Adam Schmid, Port Safety and 
Security Branch, Coast Guard Marine Safety Unit Wilmington, North 
Carolina at (910) 772-2217.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. 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 prevent traffic 
from transiting the waters in the vicinity of 34 deg-12'-17.0'' N 077 
deg-48'-18.0'' W, the southeastern portion of Spoils Island in Motts

[[Page 67801]]

Channel south of the Seapath Yacht Club, Wrightsville Beach, NC, in 
order to provide for the safety of life and property on navigable 
waters. Additionally, this temporary safety zone is only in effect from 
6 p.m. to 8 p.m. on November 25, 2006 and should have minimal impact on 
vessel transits due to the fact that vessels can safely transit around 
the zone and that they are not precluded from using any portion of the 
waterway except the safety zone area itself. 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.

Background and Purpose

    On November 25, 2006, the North Carolina Holiday Flotilla fireworks 
display will be held adjacent to Motts Channel, Wrightsville Beach, NC. 
Spectators will be observing from both the shore and from vessels. Due 
to the need for protection of mariners and spectators from the hazards 
associated with the fireworks display, vessel traffic in the vicinity 
of this event will be temporarily restricted as described herein.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of Motts Channel. The regulated area will consist of a 1000 foot safety 
zone centered on position 34 deg-12'-17.0''N 077 deg-48'-18.0''W, in 
the vicinity of the southeastern portion of Spoils Island in Motts 
Channel south of the Seapath Yacht Club, Wrightsville Beach, NC. The 
safety zone will be in effect from 6 p.m. to 8 p.m. on November 25, 
2006. General navigation in the safety zone will be restricted during 
the event. Except for participants and vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this regulation restricts access to the 
regulated area, the effect of this rule will not be significant 
because: (i) The Captain of the Port (COTP) may authorize access to the 
safety zone; (ii) the safety zone will be in effect for a limited 
duration; 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 
would not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: The owners and operators of vessels 
intending to transit or anchor in the described portion of the Motts 
Channel from 6 p.m. to 8 p.m. on November 25, 2006. The safety zone 
will not have a significant impact on a substantial number of small 
entities, because the zone will only be in place for a few hours and 
maritime advisories will be issued, so the 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 want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 LTJG Adam Schmid, Port Safety 
and Security Branch, Coast Guard Marine Safety Unit, Wilmington, North 
Carolina at (910) 772-2217.
    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 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).

Collection of Information

    This rule will call 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

[[Page 67802]]

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 are 
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 Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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 
that there are no factors in this case that will limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``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 Subpart C 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; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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 Temporary Sec.  165.T05-106, to read as follows:


Sec.  165.T05-106  Safety Zone: Motts Channel, Wrightsville Beach, 
North Carolina.

    (a) Location. The following area is a safety zone: All waters of 
Motts Channel within 1000 feet of a point on Spoils Island at 
Wrightsville Beach, NC, located at position 34 deg-12[min]-17.0[sec] N 
077 deg-48[min]-18.0[sec] W in the Captain of the Port Cape Fear River, 
Wilmington, North Carolina zone as defined in 33 CFR 3.25-20.
    (b) Definition: As used in this section Designated Representative 
means any U.S. Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port, Cape Fear River, 
Wilmington, North Carolina to act on his behalf.
    (c) Regulation: (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, Cape Fear River, Wilmington, 
North Carolina, or designated representative.
    (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 board a 
vessel displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Cape Fear River, Wilmington, North 
Carolina can be contacted at telephone number (910) 772-2200 or (910) 
512-5830.
    (4) Coast Guard vessels enforcing the safety zone can be contacted 
on VHF-FM marine band radio, channel 13 (156.65 MHz) and channel 16 
(156.8 MHz).
    (d) Effective Date: This regulation will be effective from 6 p.m. 
to 8 p.m. on November 25, 2006.

    Dated: October 27, 2006.
Byron L. Black,
Commander, U.S. Coast Guard, Captain of the Port, Cape Fear River, 
Wilmington, North Carolina.
[FR Doc. E6-19909 Filed 11-22-06; 8:45 am]
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