[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Proposed Rules]
[Pages 14703-14706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5493]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0097]
RIN 1625-AA00


Safety Zone, Temporary Change for Recurring Fireworks Display 
Within the Fifth Coast Guard District, Pamlico River and Tar River; 
Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary change to the 
enforcement period and location of safety zone regulations for a 
recurring fireworks display within the Fifth Coast Guard District. This 
regulation applies to two recurring fireworks display events that take 
place at Washington, 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 the 
Pamlico River and Tar River near Washington, NC, during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 12, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0097 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except

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Federal holidays. The telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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 or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Coast Guard anticipates that this 
proposed rule, when final, will be effective from June 7, 2012, until 
July 8, 2012, and enforced on the specific dates provided in the 
amendatory instructions in this document.

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0097), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0097'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0097'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before March 21, 2012, using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

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 for a safety zone for two annually recurring 
fireworks events, described at (d)(7) of the Table to 33 CFR 165.506, 
that are normally scheduled to occur each year on the second Saturday 
in June and on the first Saturday after July 4th.
    On June 8, 2012 and July 4, 2012, the Town of Washington, NC will 
sponsor their annual fireworks events. These events will take place in 
Washington, NC on the waters of the Pamlico River. The regulation at 33 
CFR 165.506 is enforced annually for this event. Also, a fleet of 
spectator vessels is expected to gather near the event site to view the 
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 7:30 p.m. to 10 p.m. on June 8, 2012 and 
July 4, 2012. 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 Proposed Rule

    The Coast Guard is temporarily changing the enforcement period and 
geographic location of the safety zone for these recurring events 
within the Fifth Coast Guard District. This regulation applies to only 
the fireworks events listed at (d)7 in the Table to Sec.  165.506.
    The Table to Sec.  165.506, event (d)7, establishes the enforcement 
date and geographic location for the fireworks events held in 
Washington, North Carolina. This regulation temporarily changes the 
enforcement location to latitude 35[deg]32'25'' N, longitude 
077[deg]03'42'' W. The temporary safety zone will be enforced from 7:30 
p.m. to 10:30 p.m. on June 8, 2012 and July 4, 2012, and will restrict 
general navigation in the regulated area during the event. The Town of 
Washington, North Carolina, which is the sponsor for these events, 
holds these events annually. 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

[[Page 14705]]

the event to enhance the safety of participants, spectators and 
transiting vessels.

Regulatory Analyses

    We developed this proposed 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 Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    Although this proposed regulation will restrict access to the area, 
the effect of this rule will not be significant because: (i) the safety 
zone will only be in effect from 7:30 p.m. to 10 p.m. on June 8, 2012 
and July 4, 2012, (ii) the Coast Guard will give advance notification 
via maritime advisories so mariners can adjust their plans accordingly, 
and (iii) although the safety zone will apply to the section of the 
Pamlico River and Tar River, vessel traffic will be able to transit 
safely around the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit the specified portion of Pamlico River and Tar 
River from 7:30 p.m. to 10 p.m. on June 8, 2012 and July 4, 2012.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
proposed rule will only be in effect for three and a half hours each 
day from 7:30 p.m. to 10 p.m. Although the safety zone will apply to a 
section of the Pamlico River, vessel traffic will be able to transit 
safely around the safety zone. Before the effective period, the Coast 
Guard will issue maritime advisories widely available to the users of 
the waterway.
    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.

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 proposed 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 CWO3 Joseph Edge, Waterways 
Management Division Chief, Sector North Carolina, at (252) 247-4525. 
The Coast Guard will not retaliate against small entities that question 
or complain about this proposed rule or any policy or action of the 
Coast Guard.

Collection of Information

    This proposed rule would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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

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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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES.
    This proposed rule involves implementation of regulations at 33 CFR 
Part 165 that establish safety zones on navigable waters of the United 
States for fireworks events. These safety zones are enforced for the 
duration of fireworks display events. The fireworks are launched from 
or immediately adjacent to navigable waters of the United States and 
may have potential for negative impact on the safety or other interest 
of waterway users and near shore activities in the event area. The 
category of activities includes fireworks launched from barges at or 
near the shoreline that generally rely on the use of navigable waters 
as a safety buffer.
    This proposed rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of this instruction. This rule establishes a 
temporary safety zone to protect the public from fireworks fallout. An 
environmental analysis checklist and a preliminary categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    2. Sec.  165.506, in the Table to Sec.  165.506, make the following 
amendments:
    a. Under ``(d) Coast Guard Sector North Carolina-COTP Zone,'' 
suspend entry 7, which will be enforced from June 7, 2012 through June 
9, 2012, and from July 3, 2012 through July 8, 2012.
    b. Under ``(d) Coast Guard Sector North Carolina-COTP Zone,'' add 
entry 14 from June 7, 2012 through July 8, 2012, which will be enforced 
from 7:30 p.m. to 10 p.m. on June 8, 2012 and from 7:30 p.m. to 10 p.m. 
on July 4, 2012, to read as follows:


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

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    Number                 Date                         Location                        Regulated Area
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                                (d.) Coast Guard Sector North Carolina--COTP Zone
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                                                  * * * * * * *
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14............  June 8, 2012, July 4, 2012  Pamlico River and Tar River,     All waters of Pamlico River and Tar
                                             Washington, NC, Safety Zone.     River within a 300 yard radius of
                                                                              latitude 35[deg]32'25'' N,
                                                                              longitude 077[deg]03'42'' W, a
                                                                              position located on the southwest
                                                                              shore of the Pamlico River,
                                                                              Washington, NC.
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    Dated: February 20, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-5493 Filed 3-12-12; 8:45 am]
BILLING CODE 9110-04-P