[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37963-37966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15165]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0115]
RIN 1625-AA00


Safety Zone; Fifth Coast Guard District Fireworks Display Cape 
Fear River; Wilmington, 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 Cape Fear River, 
Wilmington, North Carolina. The fireworks display formerly originated 
from a location on land but this year will 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 Cape Fear River, Wilmington, North 
Carolina, during the event.

DATES: This rule will be effective from 5:30 p.m. on July 4, 2013, 
until 1 a.m. on July 5, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0115]. 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 regulation for this fireworks display is located at 33 CFR 
165.506, Table to Sec.  165.506, section (d.) line 2. 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 it is impracticable and immediate 
action is needed to minimize potential danger to the public during the 
event. The potential dangers posed by fireworks displays conducted on 
the Cape Fear River with other vessel traffic makes a safety zone 
necessary to provide for the safety of participants, spectator craft 
and

[[Page 37964]]

other vessels transiting the event area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect during 
the event. The Coast Guard will issue broadcast notice to mariners to 
advise vessel operators of navigational restrictions. On scene Coast 
Guard and local law enforcement vessels will also provide actual notice 
to mariners.
    For the same 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. Any delay 
encountered in this regulation's effective date by waiting for the NPRM 
comment period to close would be impracticable and contrary to public 
interest since immediate action is needed to provide for the safety of 
life and property on navigable waters from the hazardous nature of 
fireworks including unexpected detonation and burning debris.

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 or 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 Battleship NORTH CAROLINA Commission sponsors an annual 
fireworks display held on July 4 over the waters of Cape Fear River at 
Wilmington, North Carolina. The Table to Sec.  165.506, at section (d.) 
event Number ``2'', describes the enforcement date and regulated 
location for this fireworks event.
    The location listed in the Table has the fireworks display 
originating from a location, on land, on the north bank of the Cape 
Fear River at Wilmington, North Carolina. However, this event changes 
the fireworks launch location on July 4, 2013, to a position on the 
Cape Fear River at latitude 34[deg]14'17'' N longitude 077[deg]57'11'' 
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 2, 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 Cape Fear 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 
Cape Fear River within a 300 yards radius of latitude 34[deg]14'17'' N 
longitude 077[deg]57'11'' 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.
    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 the Cape Fear River, 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 Cape 
Fear River 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 ``2''. 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 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 Cape Fear 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

[[Page 37965]]

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.

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. In Sec.  165.506, amend section (d) Coast Guard Sector North 
Carolina--COTP Zone in the Table to Sec.  165.506 by--
0
a. Suspending entry 2, ``Cape Fear River, Wilmington, NC, Safety 
zone,'' from 5:30 p.m. on July 4, 2013, to 1 a.m. on July 5, 2013; and
0
b. Adding entry 15 from 5:30 p.m. on July 4, 2013, to 1 a.m. on July 5, 
2013, to read as follows:


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

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[[Page 37966]]



                                             Table to Sec.   165.506
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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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                                                  * * * * * * *
15................................  July 4-5, 2013............  Cape Fear River,       All waters of the Cape
                                                                 Wilmington, NC,        Fear River within a 300
                                                                 Safety Zone.           yard radius of the
                                                                                        fireworks launch barge
                                                                                        in approximate position
                                                                                        latitude 34[deg]14'17''
                                                                                        N longitude
                                                                                        077[deg]57'11''.
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    Dated: May 2, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-15165 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P