[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]
BILLING CODE 9110-04-P