[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25577-25579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10321]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0258]
RIN 1625-AA00


Safety Zone, Figure Eight Causeway Channel; Figure Eight Island, 
NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of Figure Eight Causeway Channel, Figure Eight Island, NC in 
support of the fireworks display for a private wedding. This action is 
necessary to protect the life and property of the maritime public and 
spectators from the hazards posed by aerial fireworks displays. Entry 
into or movement within this safety zone during the enforcement period 
is prohibited without approval of the Captain of the Port.

DATES: This rule will be effective from 8 p.m. until 11 p.m. on May 31, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0258]. 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 BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina, 
Coast Guard; telephone (252) 247-4525, email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Barbara Hairston, 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

    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 final details for this event were 
not provided to the Coast Guard until April 10, 2013. As such, it is 
impracticable to provide a full comment period due to lack of time.
    Under 5 U.S.C. 553(d)(3), for the same reasons as discussed above, 
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 for comment would impracticable and 
contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, patrol vessels, spectator 
craft, and other vessels transiting the event area. The Coast Guard 
will provide advance notifications to users of the affected waterways 
of the safety zone via marine information broadcasts, local notice to 
mariners, commercial radio stations, and area newspapers.

B. Basis and Purpose

    On May 31, 2013, East Coast Pyrotechnics will provide a fireworks 
display in support of a private wedding over the waters of the Figure 
Eight Causeway Channel. The fireworks will be launched from the 
southern shore of Figure Eight Causeway Channel. The fireworks debris 
fallout area will extend over the navigable waters of Figure Eight 
Causeway Channel. Due to the need to protect mariners and spectators 
from the hazards associated with the fireworks display, including 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris, vessel traffic will be temporarily 
restricted from transiting within fireworks launch and fallout area.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone on the navigable 
waters of Figure Eight Island Channel in Figure Eight Island, NC. The 
regulated area of this safety zone includes all water of the Figure 
Eight Island Channel from latitude 34[deg]16'32'' N, longitude 
077[deg]45'32'' W, thence east along the marsh to a position located at 
latitude 34[deg]16'19'' N, longitude 077[deg]44'55'' W, thence south to 
the causeway at position latitude 34[deg]16'16'' N, longitude 
077[deg]44'58'' W, thence west along the shoreline to position latitude 
34[deg]16'29'' N, longitude 077[deg]45'34'' W, thence back to the point 
of origin.
    This safety zone will be effective from 8 p.m. to 11 p.m. on May 
31, 2013. In the interest of public safety, general navigation within 
the safety zone will be restricted during the specified date and times. 
Except for participants and vessels authorized by the Coast Guard

[[Page 25578]]

Captain of the Port or his representative, no person or vessel may 
enter or remain in the regulated area.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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. Although this regulation 
restricts access to Figure Eight Causeway Channel, the effect of this 
rule will not be significant because: (i) The safety zone will be in 
effect for a limited duration; (ii) the zone is of limited size; and 
(iii) the Coast Guard will make notifications via maritime advisories 
so mariners can adjust their plans accordingly.

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 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 the Figure Eight Causeway Channel 
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 through the regulated area at various times, 
and, with the permission of the Patrol Commander. 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 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

[[Page 25579]]

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 establishing a safety zone for a 
fireworks display launch site and fallout area and is expected to have 
no impact on the water or environment. This zone is designed to protect 
mariners and spectators from the hazards associated with aerial 
fireworks displays. 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.

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. Add Sec.  165.T05-0258 to read as follows:


Sec.  165.T05-0258  Safety Zone, Figure Eight Causeway Channel; Figure 
Eight Island, NC

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: specified waters 
of the Captain of the Port, Sector North Carolina, as defined in 33 CFR 
3.25-20, all water of the Figure Eight Island Channel from latitude 
34[deg]16'32'' N, longitude 077[deg]45'32'' W, thence east along the 
marsh to a position located at latitude 34[deg]16'19'' N, longitude 
077[deg]44'55'' W, thence south to the causeway at position latitude 
34[deg]16'16'' N, longitude 077[deg]44'58'' W, thence west along the 
shoreline to position latitude 34[deg]16'29'' N, longitude 
077[deg]45'34'' W, thence back to the point of origin.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part apply to the area described in paragraph (b) of 
this section.
    (2) Persons or vessels requiring entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative, unless the Captain 
of the Port previously announced via Marine Safety Radio Broadcast on 
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will 
not be enforced in that portion of the safety zone. The Captain of the 
Port can be contacted at telephone number (910) 343-3882 or by radio on 
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced on May 31, 
2013 from 8 p.m. to 11 p.m. unless cancelled earlier by the Captain of 
the Port.

    Dated: April 12, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Sector North Carolina.
[FR Doc. 2013-10321 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-04-P