[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39595-39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15635]



[[Page 39595]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0473]
RIN 1625-AA00


Safety Zone, Fifth Coast Guard District Firework Display, Pagan 
River; Smithfield, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is temporarily changing the date of a safety 
zone for one specific recurring fireworks display in the Fifth Coast 
Guard District. This regulation applies only to one recurring fireworks 
event, held on the Pagan River in Smithfield, VA. The regulation 
currently states that the event occurs on July 4, 2013, however this 
year the event will take place on July 3, 2013. This action is 
necessary to provide for the safety of life on navigable waters during 
the Smithfield Independence Day Fireworks. This action is intended to 
restrict vessel traffic movement on the Pagan River to protect mariners 
from the hazards associated with fireworks displays.

DATES: This rule will be effective from 12:01 a.m. until 11:59 p.m. on 
July 3, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0473 and are available online 
by going to http://www.regulations.gov, inserting USCG-2013-0473 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LCDR Hector Cintron, Waterways Management 
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information

    This fireworks display event is regulated at 33 CFR 165.506, Table 
to Sec.  165.506, section (c.) line 22. The town of Smithfield wishes 
to permanently change the date for the recurring fireworks event from 
July 4, 2013 to July 3, 2013. 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. Due to the date of the event, publication of 
an NPRM would be impracticable. The Coast Guard will provide advance 
notifications to users of the effected waterways of the safety zone via 
marine information broadcasts, local notice to mariners, commercial 
radio stations and area newspapers.
    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. Providing a full 30 
days notice and delaying the effective date for this safety zone would 
be impracticable because immediate action is necessary to protect event 
participants and members of the public from the possible marine hazards 
present during a fireworks display on or over the waterway.

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 Hampton Roads zone listed in section ``(c.)'' of the Table.
    As noted in the Table to Sec.  165.506, at section (c.) As noted in 
the Table to Sec.  165.506, at section (c.) event Number ``22'', 
provides the details for this recurring fireworks event. This year Isle 
of Wight County intends to change the date for their fireworks event 
from July 4, 2013 to July 3, 2013.
    Therefore, the event will now be held on the Pagan River at Clontz 
Park in Smithfield, VA on July 3, 2013. Due to the need to protect 
mariners and spectators from the hazards associated with the fireworks 
display, access to the Pagan River will be temporarily restricted.

C. Discussion of the Rule

    The Coast Guard is temporarily suspending the regulation listed in 
Table Sec.  165.506, at section (c.) event Number ``22'', and insert 
this temporary regulation at Table to Sec.  165.506, at section (c.) 
event Number ``25'', in order to reflect the new date. No other portion 
of the Table to Sec.  165.506 or other provisions in Sec.  165.506 will 
be affected by this regulation.
    This safety zone will encompass all navigable waters within 420 
feet of the fireworks launching platform located at position 
36[deg]59'18'' N/076[deg]37'45'' W. This safety zone will be enforced 
from 9:45 p.m. until 10:30 p.m. on July 3, 2013. Access to the safety 
zone will be restricted during the specified date and times. Except for 
individuals responsible for launching the fireworks and vessels 
authorized by the 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 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, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. Although this regulation restricts access 
to the safety zone, 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; (iii) mariners may transit the waters 
in and around this safety zone at the discretion of the Captain of the 
Port or designated representative; and (iv), the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly.

[[Page 39596]]

2. Impact on Small Entities

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), we 
have considered whether this rule would have a significant economic 
impact on a substantial number of small entities. 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.
    The 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 that portion of the Pagan River from 9:45 p.m. 
until 10:30 p.m. on July 3, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone will only be in place for a limited duration, and (ii) 
Before the enforcement period of July 3, 2013, maritime advisories will 
be issued allowing mariners to 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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 calls for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it 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 affect 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

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order 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 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing a 
temporary safety zone. An environmental analysis checklist and a 
categorical exclusion determination will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 subpart C as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:


[[Page 39597]]


    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 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1


0
2. In Sec.  165.506, in the ``Table to Sec.  165.506,'' make the 
following amendments:
0
a. Under ``(c) Coast Guard Sector Hampton Roads--COTP Zone,'' suspend 
entry 22.
0
b. Under, ``(c) Coast Guard Sector Hampton Roads--COTP Zone,'' add 
entry 25 to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays, Pagan River, Smithfield, VA.

* * * * *

                         Table to Sec.   165.506
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                              * * * * * * *
            (c.) Coast Guard Sector Hampton Roads--COTP Zone
 
                              * * * * * * *
25...........  July 3, 2013....  Pagan River,      All waters of the
                                  Smithfield, VA,   Pagan River located
                                  Safety Zone.      within a 420 foot
                                                    radius of the
                                                    fireworks display at
                                                    approximate position
                                                    latitude
                                                    36[deg]59'18.0'' N,
                                                    longitude
                                                    076[deg]37'45.0'' W
                                                    near Smithfield,
                                                    Virginia.
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* * * * *

    Dated: June 17, 2013.
John K. Little,
Captain, U. S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2013-15635 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P