[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Rules and Regulations]
[Pages 40394-40396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16080]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0330]
RIN 1625-AA00
Safety Zone; Outer Banks Bluegrass Festival; Shallowbag Bay,
Manteo, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing of a temporary safety zone on
Shallowbag Bay, Manteo, NC on October 4, 2013, for a fireworks display
as part of the Outer Banks Bluegrass Festival. This action is necessary
to protect the life and property of the maritime public from the
hazards posed by fireworks displays. This safety zone is intended to
restrict vessels from a portion of Shallowbag Bay River during the
Outer Banks Bluegrass Festival Fireworks display.
DATES: This rule is effective August 5, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0330]. 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, Sector North Carolina Waterways
Management, 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 published a notice of proposed rulemaking titled,
``Safety Zone; Outer Banks Bluegrass Festival, Shallowbag Bay, Manteo,
NC on May 17, 2013 (78 FR 29091. We received no comments on the
proposed rules.
B. Basis and Purpose
On October 4, 2013, fireworks will be launched from a barge located
in Shallowbag Bay in Manteo, North Carolina as part of the Outer Banks
Bluegrass Festival. The temporary safety zone created by this rule is
necessary to ensure the safety of vessels and spectators from hazards
associated with the fireworks display. Such hazards include
obstructions to the waterway that may cause death, serious bodily harm,
or property damage, as well as the accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris.
Establishing a safety zone to control vessel movement around the
location of the launch area will help ensure the safety of persons and
property in the vicinity of this event and help minimize the associated
risks.
C. Discussion of the Final Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of the
Outer Banks Bluegrass Festival Fireworks Display. The fireworks display
will occur for approximately 15 minutes from 9 p.m. to 9:15 p.m. on
October 4, 2013. However, the Safety Zone will be effective and
enforced from 8 p.m. until 10 p.m. in order to ensure safety during the
setup, loading and removal of the display equipment.
The safety zone will encompass all waters on Shallowbag Bay within
a 200 yard radius of a barge anchor in position 35[deg]54'31'' N,
longitude 075[deg]39'42'' W from 8 p.m. until 10 p.m. on October 4,
2013. All geographic coordinates are North American Datum 1983 (NAD
83). The effect of this temporary safety zone will be to restrict
navigation in the regulated area during the fireworks display. All
persons and vessels shall comply with the instructions of the Coast
Guard Captain of the Port or the designated on scene patrol personnel.
Entry into, transiting, or anchoring within the safety zone is
prohibited
[[Page 40395]]
unless authorized by the Captain of the Port Sector North Carolina or
his designated representative. The Captain of the Port or his
designated representative may be contacted via VHF Channel 16.
Notification of the temporary safety zone will be provided to the
public via marine information broadcasts.
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
will restrict access to the area, the effect of this rule will not be
significant because: (i) The safety zone will only be in effect from 8
p.m. to 10 p.m. on October 4, 2013, (ii) the Coast Guard will give
advance notification via maritime advisories so mariners can adjust
their plans accordingly, and (iii) although the safety zone will apply
to the section of Shallowbag Bay, vessel traffic will be able to
transit safely around the safety zone.
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 received no comments from the Small Business
Administration on this rule. 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 will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
through or anchor in the specified portion of Shallowbag Bay on October
4, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will only be in effect for two hours, from 8 p.m. to 10 p.m.
Although the safety zone will apply to a section of Shallowbag Bay,
vessel traffic will be able to transit safely around the safety zone.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to the users of the waterway.
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.
[[Page 40396]]
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 a temporary safety
zone to protect the public from fireworks fallout. 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.T05-0494 to read as follows:
Sec. 165.T05-0330 Safety Zone, Shallowbag Bay; Manteo, 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: This safety zone
will encompass all waters on Shallowbag Bay within a 200 yard radius of
a barge anchor in position 35[deg]54'31'' N, longitude 075[deg]39'42''
W. All geographic coordinates are North American Datum 1983 (NAD 83).
(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 from 8 p.m.
to 10 p.m. on October 4, 2013 unless cancelled earlier by the Captain
of the Port.
Dated: June 17, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2013-16080 Filed 7-3-13; 8:45 am]
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