[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31803-31806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12972]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0358]
RIN 1625-AA00


Safety Zone for Fifth Coast Guard District Fireworks Display 
Currituck Sound; Corolla, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
location of a safety zone for one specific recurring fireworks display 
in the Fifth Coast Guard District. This regulation applies to only one 
recurring fireworks event, held adjacent to the Currituck Sound, 
Corolla, North Carolina. The fireworks display previously originated 
from a barge but will this year originate from a location on land; the 
safety zone is 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 Currituck Sound, Corolla, NC, during the 
event.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 14, 2012.
    Compliance Dates: This proposed temporary rule would be effective 
from 5:30 p.m. on July 4, 2012, through 1 a.m. on July 5, 2012.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email CWO3 Joseph M. Edge, U.S. Coast Guard Sector North 
Carolina; 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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, 
type the docket number (USCG-2012-0358) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2012-0358) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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

[[Page 31804]]

in the January 17, 2008, issue of the Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the 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.

B. Regulatory History and Information

    This fireworks display event is regulated at 33 CFR 165.506, Table 
to Sec.  165.506, section (d.) line 5. Last year the Town of Currituck 
relocated its fireworks launch location to a site on land. Accordingly 
a temporary rule amended the regulation listed at 33 CFR 165.506 last 
year and was published in 76 FR 31843. The Coast Guard plans to 
permanently amend the regulation at 33 CFR 165.506 at a later date to 
reflect this change.

C. Basis and Purpose

    Recurring fireworks displays are frequently held on or adjacent to 
the 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.
    The regulation listing annual fireworks displays within the Fifth 
Coast Guard District and safety zones locations is 33 CFR 165.506. The 
Table to Sec.  165.506 identifies fireworks displays by COTP zone, with 
the COTP North Carolina zone listed in section ``(d.)'' of the Table.
    The township of Corolla, North Carolina, sponsors an annual 
fireworks display held on July 4th over the waters of Currituck Sound 
at Corolla, North Carolina. The Table to Sec.  165.506, at section (d.) 
event Number ``5'', describes the enforcement date and regulated 
location for this fireworks event.
    The location listed in the Table has the fireworks display 
originating from a fireworks barge on Currituck Sound. However, this 
proposed rule changes the fireworks launch location on July 4, 2012, to 
a position on shore at latitude 36[deg]22'23.8'' N longitude 
075[deg]49'56.3'' W.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the fireworks display. Due to the need for vessel control during 
the fireworks display vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels. Under provisions of 33 CFR 165.506, during the enforcement 
period, vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

D. Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulation 
listed in Table to Sec.  165.506, section (d.) event Number 5, and 
insert this temporary regulation at Table to Sec.  165.506, at section 
(d.) as event Number ``14'', in order to reflect that the fireworks 
display will originate from a point on shore and therefore the 
regulated area is changed. This change is needed to accommodate the 
sponsor's event plan. No other portion of the Table to Sec.  165.506 or 
other provisions in Sec.  165.506 shall be affected by this regulation.
    The regulated area of this safety zone includes all water of the 
Currituck Sound within a 300 yards radius of latitude 36[deg]22'23.8'' 
N longitude 075[deg]49'56.3'' W.
    This proposed safety zone would restrict general navigation in the 
regulated area during the fireworks event. 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 effective 
period. The regulated area is needed to control vessel traffic during 
the event for the safety of participants and transiting vessels.
    The enforcement period for this safety zone does not change from 
that enforcement period listed in Sec.  165.506(d)5. Therefore, this 
safety zone would be enforced from 5:30 p.m. on July 4, 2012 through 1 
a.m. on July 5, 2012.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule prevents 
traffic from transiting a portion of the Currituck Sound 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 changes the regulated area 
for the Currituck Sound fireworks event for July 4, 2012 only and does 
not change the permanent regulated area that is published in 33 CFR 
165.506, Table to Sec.  165.506, section (d.) event Number 5. 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.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 the Currituck Sound where fireworks events are 
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 fireworks display event permitted by Coast Guard Captain of 
the Port North Carolina. The Captain of the Port will ensure that small 
entities are able to operate in the regulated area 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.
    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.

[[Page 31805]]

3. 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. 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 person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

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

14. 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. This proposed rule 
involves the temporary change of regulation listed at 33 CFR 165.506 
for the event listed in Table to Sec.  165.506, section (d.) event 
Number 5. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
preliminary environmental analysis checklist supporting this 
determination and a 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, 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. Amend the Table to Sec.  165.506 as follows:
    a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' 
suspend entry 5.
    b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry 14, to read as follows:


Sec.  165.506-T05-0358  Safety Zones; Fifth Coast Guard District 
Fireworks Displays, Currituck Sound, Corolla, NC.

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[[Page 31806]]



                                (d) Coast Guard Sector North Carolina--COTP Zone
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            Number                     Date             Location                    Regulated area
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                                                  * * * * * * *
14............................  July 4-5, 2012...  Currituck Sound,   All waters of the Currituck Sound within a
                                                    Corolla, NC,       300 yard radius of the fireworks launch
                                                    Safety Zone.       site in approximate position latitude
                                                                       36[deg]22'23.8'' N longitude
                                                                       075[deg]49'56.3'' W, located near Whale
                                                                       Head Bay.
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    Dated: May 14, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-12972 Filed 5-29-12; 8:45 am]
BILLING CODE 9110-04-P