[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37319-37321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15107]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0543]
RIN 1625-AA00


Safety Zone for Fifth Coast Guard District Fireworks Display 
Pasquotank River; Elizabeth City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing 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 Pasquotank River, 
Elizabeth City, North Carolina. The fireworks display ordinarily 
originated from a location on land but will this year originate from a 
barge; 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 Pasquotank River, Elizabeth 
City, North Carolina, during the event.

DATES: This rule will be effective from July 4, 2012 through July 5, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0543]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email CWO4 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. Regulatory History and Information

    This fireworks display event is regulated at 33 CFR 165.506, Table 
to Sec.  165.506, section (d.) line 4. The Coast Guard plans to 
permanently amend the regulation at 33 CFR 165.506 at a later date to 
reflect this change.
    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 immediate action is needed to 
minimize potential danger to the public during the event. For this 
reason, it would be impracticable to publish an NPRM for this rule.

B. 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 Elizabeth City, North Carolina, sponsors an annual 
fireworks display held on July 4th over the waters of Pasquotank River 
at Elizabeth City, North Carolina. The Table to Sec.  165.506, at 
section (d.) event Number ``4'', describes the enforcement date and 
regulated location for this fireworks event.
    The location listed in the Table has the fireworks display 
originating from position latitude 36[deg]18'00'' N, longitude 
076[deg]13'00'' W, a location on land on the southwest corner of 
Machelhe Island at Elizabeth City, North Carolina. However, this event 
changes the fireworks launch location on July 4, 2012, to a position on 
the Pasquotank River at latitude 36[deg]17'47'' N, longitude 
076[deg]12'17'' W.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the

[[Page 37320]]

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.

C. Discussion of the Final Rule

    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  165.506, section (d.) event Number 4, and insert this 
temporary regulation at Table to Sec.  165.506, at section (d.) as 
event Number ``15'', in order to reflect that the fireworks display 
will originate from a barge in the Pasquotank River 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]17'47'' N, 
longitude 076[deg]12'17'' W.
    This safety zone will 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) line 4. Therefore, 
this safety zone will 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.

D. 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.

1. 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 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 
Pasquotank River 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 Pasquotank River 
fireworks demonstration for July 4, 2011 only and does not change the 
permanent regulated area that has been published in 33 CFR 165.506, 
Table to Sec.  165.506 at portion ``d'' event Number ``4''. 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

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 the Pasquotank River 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 that has been permitted by the Coast 
Guard Captain of the Port. 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.

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 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.
    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.

4. Collection of Information

    This 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 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 
INTFORMATION 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

[[Page 37321]]

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.

8. Taking of Private Property

    This rule will 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 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

    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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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 determined 
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 rule involves the establishment of safety zones. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An 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 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 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 the Table to Sec.  165.506 as follows:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend 
entry 4.
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry 15, to read as follows:


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

* * * * *

------------------------------------------------------------------------
     Number             Date             Location        Regulated area
------------------------------------------------------------------------
 
                              * * * * * * *
            (d) Coast Guard Sector North Carolina--COTP Zone
------------------------------------------------------------------------
 
                              * * * * * * *
15.............  July 4-5, 2012...  Pasquotank River,  All waters of the
                                     Elizabeth City,    Pasquotank River
                                     NC, Safety Zone.   within a 300
                                                        yard radius of
                                                        the fireworks
                                                        launch barge in
                                                        approximate
                                                        position
                                                        latitude
                                                        36[deg]17'47''
                                                        N, longitude
                                                        076[deg]12'17'',
                                                        located near
                                                        Machelhe Island.
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    Dated: June 11, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-15107 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P