[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Rules and Regulations]
[Pages 26298-26300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8814]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-040]
RIN 1625 AA00


Safety Zone; Fireworks Display, Pamlico River, Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone during 
the ``Washington Summer Festival and the Washington 4th of July 
Fireworks'' displays to be held on the waters of the Pamlico River, 
Washington, North Carolina. This action is necessary to provide for the 
safety of life on navigable waters during the event. This action will 
restrict vessel traffic in portions of the Pamlico River adjacent to 
Washington, North Carolina during the fireworks display.

DATES: This rule is effective from 8:30 p.m. on June 8 until 10 p.m. on 
July 4, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD05-07-040] and are available for 
inspection or copying at Commander (dpi), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Coast Guard 
Sector North Carolina, Atlantic Beach, NC at (252) 247-4525.

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. Publishing an NPRM would be 
impracticable and contrary to public interest since immediate action is 
needed to minimize potential danger to the public during the event. The 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was not provided with sufficient time to 
publish an NPRM. The danger posed by fireworks fall-out makes a 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. Advance notifications will be made to users of the Pamlico River 
via marine information broadcasts, local notice to mariners, commercial 
radio stations and area newspapers.

Background and Purpose

    On June 8 & 9 and July 4, 2007 the Washington/Beaufort County 
Chamber of Commerce and the City of Washington will sponsor the 
``Washington Summer Festival'' and the ``4th of July'' fireworks 
displays over the waters of the Pamlico River. A fleet of spectator 
vessels is anticipated to gather nearby to view the display. Due to the 
need for vessel control during the event, vessel traffic will be 
temporarily restricted to provide for the safety of participants, 
spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Pamlico River adjacent to Washington, North Carolina. The 
regulated area includes a section of the Pamlico River

[[Page 26299]]

from the Highway 17 Swing Bridge south approximately one half mile long 
and bounded in width by each shoreline. The rule would be enforced from 
8:30 p.m. until 10 p.m. and would restrict general navigation in the 
regulated area during the fireworks display. The Coast Guard, at its 
discretion, when practical would allow the passage of vessels when the 
fireworks displays are not taking place. Except for participants and 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel would be allowed to enter or remain in the regulated area during 
the enforcement period. These regulations are needed to control vessel 
traffic during the events to enhance the safety of participants, 
spectators and transiting vessels.

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 vessel traffic from transiting 
Pamlico River during the 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 and area 
newspapers 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 Pamlico River during the scheduled events.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for only a short period, from 8:30 p.m. until 10 
p.m. Before the enforcement period, we 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 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 address listed under 
ADDRESSES. 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.
    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).

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.

[[Page 26300]]

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 Commandant Instruction M16475.lD, 
and Department of Homeland Security Management Directive 5100.1 which 
guides 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 would 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. This rule fits the category selected from paragraph 
(34)(g), as it establishes a safety zone. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' will be 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, 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; 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.T05-040 to read as follows:


Sec.  165.T05-040  Safety Zone; Pamlico River, Washington, North 
Carolina.

    (a) Regulated area. The safety zone includes all waters of Pamlico 
River south of the intersection of the Highway 17 Swing Bridge south 
along the west river bank to latitude 35[deg]32'19'' N, longitude 
077[deg]03'40'' W, thence across the river on a line 045 degrees due 
northeast across the river to the intersection of the east river bank 
at position 35[deg]32'30'' N, longitude 077[deg]03'25'' W, thence north 
along the shoreline to the Highway 17 Swing Bridge thence west to the 
point of origin. All coordinates reference Datum NAD 1983.
    (b) Definitions. The following definitions apply to this section: 
(1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any vessel assigned or approved by the 
Sector Commander, Coast Guard Sector North Carolina with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (c) Regulations. The general regulations governing safety zones, 
found in 33 CFR 165.23, apply to the safety zone described in paragraph 
(a) of this section.
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement period. This section will be enforced from 8:30 
p.m. to 10 p.m. on June 8 & 9 and July 4, 2007.

    Dated: April 24, 2007.
Gregory D. Case,
Commander, U.S. Coast Guard, Captain of the Port, Atlantic Beach, North 
Carolina.
[FR Doc. E7-8814 Filed 5-8-07; 8:45 am]
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