[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36664-36667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14548]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

 [Docket Number USCG-2013-0421]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the location of a 
safety zone for one 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

[[Page 36665]]

action is intended to restrict vessel traffic in a portion of the 
Currituck Sound, Corolla, NC, during the event.

DATES: This rule will be effective from July 4, 2013 until July 5, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0421]. 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 it would be impracticable to issue an 
NPRM and final rule before the scheduled event.
    For similar reasons, 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. The fireworks are 
planned for July 4, 2013, so a 30-day delay would be impracticable. 
Earlier implementation is needed to ensure the safety zone is in place 
to protect participants, crew, spectators, participating vessels, and 
other vessels and users of the waterway during the event.

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 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, 2013, to 
a position on shore at latitude 36[deg]22[min]23.8[sec] N longitude 
075[deg]49[min]56.3[sec] 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.

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 5, and insert this 
temporary regulation at Table to Sec.  165.506, at section (d.) as 
event Number ``16'', 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[min]23.8[sec] N longitude 075[deg]49[min]56.3[sec] 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)(5) which is 5:30 
p.m. on July 4, 2013 through 1 a.m. on July 5, 2013.
    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 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 a small segment of Currituck Sound, 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. Additionally, this 
rulemaking changes the regulated area for the Currituck Sound fireworks 
demonstration for July 4, 2013 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 ``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.

[[Page 36666]]

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 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.
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 
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 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 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. 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

[[Page 36667]]

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. In the Table to Sec.  165.506, make the following amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend 
entry 5;
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry 16 to read as follows:


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

* * * * *

                                             Table to Sec.   165.506
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                                (d) Coast Guard Sector North Carolina--COTP Zone
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              Number                           Date                    Location              Regulated area
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                                                  * * * * * * *
16................................  July 4-5, 2013............  Currituck Sound,       All waters of the
                                                                 Corolla, NC, Safety    Currituck Sound within a
                                                                 Zone.                  300 yard radius of the
                                                                                        fireworks launch site in
                                                                                        approximate position
                                                                                        latitude
                                                                                        36[deg]22'23.8'' N
                                                                                        longitude
                                                                                        075[deg]49'56.3'',
                                                                                        located near Whale Head
                                                                                        Bay.
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* * * * *

    Dated: June 4, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-14548 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P