[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30481-30483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11867]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0395]
RIN 1625-AA00


Safety Zone: Edenton 4th of July Celebration Firework Display, 
Edenton Bay, Edenton, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will implement a safety zone during the 
Edenton 4th of July Celebration Firework Display, a fireworks display 
to be held over the waters of the Edenton Bay, Edenton, North Carolina, 
Vessel traffic in portions on the Edenton Bay adjacent to Edenton, 
North Carolina, will be restricted during the fireworks display.

DATES: This rule is effective July 4, 2008, from 8:30 p.m. to 9:30 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0395 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: 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, and at Commander 
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, North 
Carolina 28512, between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call C.D. Humphrey, Marine Event Coordinator, (252) 247-4569. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

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 because 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 to the Coast Guard in 
sufficient time to publish an NPRM. The potential dangers posed by the 
pyrotechnic fireworks display make a safety zone necessary to provide 
for the safety of spectator craft and other vessels transiting the 
event area. The Coast Guard will issue a broadcast notice to mariners 
to advise mariners of the restriction and on have on-scene Coast Guard 
and local law enforcement vessels.
    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, because 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 Edenton Bay, via marine information broadcasts, local 
notice to mariners, commercial radio stations and area newspapers.

Background and Purpose

    On July 4, 2008, Chowan Edenton Optimist Club will sponsor the 
``4th of July Celebration Firework Display'', on the waters of the 
Edenton Bay. The event will consist of a fireworks display launched 
from the eastern shore of Edenton Bay. 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 Edenton Bay, Edenton, North Carolina. The regulated area 
includes all waters within a 300 yard radius of position 
36[deg]03[min]04[sec] N, 076[deg]36[min]18[sec] W or approximately 150 
yards east of the entrance to Queen Anne Creek, Edenton, North 
Carolina. The safety zone will be in effect from 8:30 p.m. to 9:30 p.m. 
on July 4, 2008. The effect will be to restrict general navigation in 
the regulated area during the fireworks display. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area during the enforcement 
period. The Patrol Commander will notify the public of specific 
enforcement times by Marine Radio Safety Broadcast. These regulations 
are needed to control vessel traffic during the event 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
proposed regulation would prevent traffic from transiting a portion of 
the Edenton Bay adjacent to Edenton, North Carolina, during the event, 
the effects of this regulation would not be significant due to the 
limited duration that the regulated area would be in effect. Extensive 
advance notifications would be made to the maritime community via Local 
Notice to Mariners, marine information broadcast, and area newspapers, 
so mariners can adjust their plans accordingly. Vessel traffic would 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

[[Page 30482]]

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.
    The owners or operators of vessels intending to transit this 
section of the Edenton Bay will be impacted during the event.
    This purposed rule would 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. to 9:30 
p.m. on July 4, 2008. The regulated area will apply to a segment of the 
Edenton Bay adjacent to the Edenton waterfront. Marine traffic may be 
allowed to pass through the regulated area with the permission of the 
Coast Guard Patrol Commander. In the case where the Patrol Commander 
authorizes passage through the regulated area during the event, vessels 
will be required to proceed at the minimum speed necessary to maintain 
a safe course that minimizes wake near the firework launch site. Before 
the enforcement period, we would issue maritime advisories so mariners 
can adjust their plans accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 Commandant Instruction M16475.lD 
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. 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 proposes to 
amend 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, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

[[Page 30483]]


0
2. Add temporary Sec.  165.T05-0395 to read as follows:


Sec.  165.T05-0395  Edenton Bay, Edenton, North Carolina.

    (a) Safety Zone. The safety zone includes all waters within a 300 
yard radius of position 36[deg]03[min]04[sec] North, 
076[deg]36[min]18[sec] West, approximately one and fifty hundred yards 
east of the entrance to Queen Anne Creek, Edenton, North Carolina. All 
coordinates reference Datum NAD 1983.
    (b) Definitions. (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 
Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the ``4th of 
July Celebration'' under the auspices of the Marine Event Permit issued 
to the event sponsor and approved by Commander, Coast Guard Sector 
North Carolina.
    (c) Safety Zone. (1) Except for event participants and persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remaining the safety zone.
    (2) The Operator of any vessel in the safety zone must:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) Comply with the instructions of the Official Patrol.
    (iii) (if authorized to proceed) Proceed at the minimum speed 
necessary to maintain a safe course that minimizes wake near the event 
site.
    (d) Enforcement period. This section will be enforced from 8:30 
p.m. to 9:30 p.m. on July 4, 2008.

    Dated: May 16, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. E8-11867 Filed 5-27-08; 8:45 am]
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