[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Proposed Rules]
[Pages 17085-17088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06837]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0148]
RIN 1625-AA00


Safety Zone, Fifth Coast Guard District Fireworks Display Cape 
Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary change to 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: Comments and related material must be received by the Coast 
Guard on or before April 28, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North 
Carolina; telephone 252-247-4525, email [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Cheryl Collins, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If

[[Page 17086]]

you fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0148] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0148) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This fireworks display event is regulated at 33 CFR 165.506, Table 
to Sec.  165.506, section (d.) line 2. On June 25, 2013, a Temporary 
Final Rule (TFR) was published amending 33 CFR 165.506, Table to Sec.  
165.506, section (d.) line 2 entitled ``Safety Zone, Fifth Coast Guard 
District Fireworks Display Cape Fear River; Wilmington, NC'' in the 
Federal Register (78 FR 37963). The Coast Guard plans to permanently 
amend the regulation at 33 CFR 165.506 at a later date to reflect this 
change.

C. 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 Battleship NORTH CAROLINA Commission has relinquished 
sponsorship to the City of Wilmington for the 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, the coordinator for 
this event changed the fireworks launch location for July 4, 2014, 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.

D. Discussion of Proposed Rule

    The Coast Guard is proposing to temporarily suspend the regulation 
listed in Table to Sec.  165.506, section (d) event Number 2, only in 
regards to the July 4th event, 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 waters 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.
    The enforcement period for this safety zone does not change from 
that enforcement period listed in Sec.  165.506(d)2. Therefore, this 
safety zone will be enforced from 5:30 p.m. on July 4, 2014 through 1 
a.m. on July 5, 2014.
    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.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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

[[Page 17087]]

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, 2014 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 
proposed 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children From Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on

[[Page 17088]]

the human environment. This proposed 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. A preliminary 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 proposed rule.

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 proposes 
to amend 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. At Sec.  165.506, in the Table to Sec.  165.506, make the following 
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend 
entry 2, from 5:30 p.m. on July 4, 2014 to 1 a.m. on July 5, 2015.
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry 15, which will be enforced from 5:30 p.m. on July 4, 2014 to 1 
a.m. on July 5, 2014, to read as follows:


Sec.  165.506-T05-0148  Safety Zones; Fifth Coast Guard District 
Fireworks Displays, Cape Fear River, Wilmington, NC.

* * * * *

------------------------------------------------------------------------
       No.              Date           Location        Regulated area
------------------------------------------------------------------------
            (d) Coast Guard Sector North Carolina--COTP Zone
------------------------------------------------------------------------
 
                              * * * * * * *
15..............  July 4-5, 2014.  Cape Fear        All waters of the
                                    River,           Cape Fear River
                                    Wilmington,      within a 300 yard
                                    NC, Safety       radius of the
                                    Zone.            fireworks launch
                                                     barge in
                                                     approximate
                                                     position latitude
                                                     34[deg]14'17'' N
                                                     longitude
                                                     077[deg]57'11''.
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    Dated: March 16, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-06837 Filed 3-26-14; 8:45 am]
BILLING CODE 9110-04-P