[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69634-69636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28850]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0978]
RIN 1625-AA00


Safety Zone; Temporary Change 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 
and location 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: This rule is effective from 5:30 p.m. to 8:30 p.m. on November 
26, 2011, except that amendatory instruction 2a suspending entry (d)10 
in Sec.  165.506, Table to Sec.  165.506, is effective November 20, 
2011 through November 26, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0978 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0978 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 email Chief Warrant Officer Joseph Edge, 
Prevention Department, Coast Guard Sector North Carolina, Atlantic 
Beach, NC; telephone (252) 247-4525, email [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 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 date change for this 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 and 
geographic location 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 4th Monday in November. This year, 
the event will take place on the 4th Saturday, November 26, 2011.
    On November 26, 2011, the North Carolina Holiday Flotilla at 
Wrightsville Beach, NC, will sponsor the ``2011 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 the 
Wrightsville Beach, NC, 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 26, 2011. 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 changing the enforcement period and 
geographic location 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 and geographic location for the ``North Carolina Holiday 
Flotilla''. This regulation temporarily changes the enforcement date 
from the fourth Monday in November to Saturday, November 26, 2011 and 
the location to latitude 34[deg]12'19'' N, longitude 077[deg]48'16'' W. 
The temporary safety zone will be enforced from 5:30 p.m. to 8:30 p.m. 
on November 26, 2011, 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 2011 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.

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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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order or under section 
1 of Executive Order 13563. 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).
    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 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 (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 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, as supplemented by 
Executive Order 13563, Improving Regulation and Regulatory Review, 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

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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.

    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. 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.

0
2. Amend Sec.  165.506 as follows:
0
a. From November 20, 2011 through November 26, 2011 in Sec.  165.506, 
Table to Sec.  165.506, suspend entry (d)10.
0
b. From 5:30 p.m. to 8:30 p.m. on November 26, 2011, in Sec.  165.506, 
Table to Sec.  165.506, add entry (d)(14) to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

* * * * *
    (d) Enforcement period. * * *

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       No.                   Date                      Location                       Regulated area
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                                                  * * * * * * *
14..............  November 26, 2011.........  Motts Channel, Banks       All waters of Motts Channel within a
                                               Channel, Wrightsville      300 yard radius of latitude
                                               Beach, NC, Safety Zone.    34[deg]12'19'' N, longitude
                                                                          077[deg]48'16'' W, a position located
                                                                          on the east end of Bird Island,
                                                                          Wrightsville Beach, NC.
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* * * * *

    Dated: October 20, 2011.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-28850 Filed 11-8-11; 8:45 am]
BILLING CODE 9110-04-P