[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Rules and Regulations]
[Pages 78820-78823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32485]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1112]
RIN 1625-AA00


Safety Zone; City of Beaufort's Tricentennial New Year's Eve 
Fireworks Display, Beaufort River, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Beaufort River, in Beaufort, South Carolina, during the City of 
Beaufort's Tricentennial New Year's Eve Fireworks Display. The safety 
zone is necessary to protect the public from the hazards associated 
with launching fireworks over navigable waters of the United States. 
Persons and vessels are prohibited from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 5:30 p.m. until 6:50 p.m. on 
December 31, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1112 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1112 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 final rule, call or email Ensign John

[[Page 78821]]

Santorum, Sector Charleston Office of Waterways Management, Coast 
Guard; telephone (843) 740-3184, 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 the Coast Guard did not receive 
notice of the fireworks display until December 1, 2011. As a result, 
the Coast Guard did not have sufficient time to publish an NPRM and to 
receive public comments prior to the fireworks display. Any delay in 
the effective date of this rule would be contrary to the public 
interest because immediate action is needed to minimize potential 
danger to the public during the fireworks display.
    For the same reason discussed above, 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.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from the hazards 
associated with launching fireworks over navigable waters of the United 
States.

Discussion of Rule

    On New Year's Eve, a fireworks display will be held in Beaufort, 
South Carolina. The fireworks will be launched from a barge, which will 
be located on the Beaufort River. The fireworks will explode over the 
Beaufort River. The fireworks display is scheduled to commence at 6 
p.m. and conclude at 6:20 p.m.
    The temporary safety zone encompasses certain waters of the 
Beaufort River in Beaufort, South Carolina. The safety zone will be 
enforced from 5:30 p.m. on December 31, 2011, 30 minutes prior to the 
scheduled commencement of the fireworks display at approximately 6 
p.m., to ensure the safety zone is clear of persons and vessels. 
Enforcement of the safety zone will cease at 6:50 p.m. on December 31, 
2011, 30 minutes after the scheduled conclusion of the fireworks 
display, to account for possible delays. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port Charleston or a designated representative. Persons and vessels 
desiring to enter, transit through, anchor in, or remain within the 
safety zone may contact the Captain of the Port Charleston by telephone 
at (843) 740-7050, or a designated representative via VHF radio on 
channel 16, to request authorization. If authorization to enter, 
transit through, anchor in, or remain within the safety zone is granted 
by the Captain of the Port Charleston or a designated representative, 
all persons and vessels receiving such authorization must comply with 
the instructions of the Captain of the Port Charleston or a designated 
representative. The Coast Guard will provide notice of the safety zone 
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

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

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this regulation under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will be enforced for only one 
hour and twenty minutes; (2) although persons and vessels will not be 
able to enter, transit through, anchor in, or remain within the safety 
zone without authorization from the Captain of the Port Charleston or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; (3) persons and vessels may still enter, 
transit through, anchor in, or remain within the safety zone if 
authorized by the Captain of the Port Charleston or a designated 
representative; and (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

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 may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within that portion of the 
Beaufort River encompassed within the safety zone from 5:30 p.m. until 
6:50 p.m. on December 31, 2011. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

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

[[Page 78822]]

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 that 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 involves establishing a temporary safety 
zone that will be enforced for a total of one hour and twenty minutes. 
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, 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. Add a temporary Sec.  165.T07-1112 to read as follows:


Sec.  165.T07-1112  Safety Zone; City of Beaufort's Tricentennial New 
Year's Eve Fireworks Display, Beaufort River, Beaufort, SC.

    (a) Regulated Area. The following regulated area is a safety zone: 
all waters of the Beaufort River within a 500 yard radius of position 
32[deg]25'40'' N, 80[deg]40'23'' W. All coordinates are North American 
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port

[[Page 78823]]

Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date. This rule is effective from 5:30 p.m. until 
6:50 p.m. on December 31, 2011.

    Dated: December 9, 2011.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-32485 Filed 12-19-11; 8:45 am]
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