[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42517-42519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15600]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0289]
RIN 1625-AA00


Safety Zone, Pamlico Sound; Ocracoke, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

[[Page 42518]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Pamlico Sound in Ocracoke, North Carolina 
within a 500 yard radius of the National Park Service (NPS) Boat 
Launch. This action is necessary to provide the safety of mariners on 
navigable waters to protect the life and property of the maritime 
public and spectators from the hazards posed by Hyde County 4th of July 
aerial fireworks display. Entry into or movement within the safety zone 
during the enforcement period is prohibited without approval of the 
Captain of the Port.

DATES: This rule is effective on July 3, 2016, from 9 p.m. through 9:45 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0289 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Derek J. Burrill, Waterways Management Division 
Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the Coast Guard was awaiting further 
details on the location of the launch site and also gathering other 
safety details of the Hyde County July 4th Fireworks display. The 
Captain of the Port North Carolina is establishing a temporary safety 
zone on specified waters of Pamlico Sound within a 500 yard radius of 
the NPS Boat Launch in approximate position 35[deg]07'07'' N., 
longitude 075[deg]59'16'' W. (NAD 1983) in Ocracoke, NC. This safety 
zone will be effective and enforced from 9 p.m. to 9:45 p.m. on July 3, 
2016. It is impracticable to publish a Notice to Public Rulemaking 
(NPRM) because we must establish this safety zone by July 3, 2016, and 
sufficient notice was not given to publish a NPRM due to the Coast 
Guard awaiting further details on the location of the launch site and 
continuing to gather other on site safety details associated with the 
aerial fireworks display.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable and contrary to public 
interest because the potential hazards creating the need for this rule 
will occur during the aerial fireworks display scheduled for July 3, 
2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port North Carolina (COTP) has determined that 
potential hazards associated with the aerial fireworks on July 3, 2016, 
will be a safety concern for anyone within a 500 yard radius of the 
launch site at approximate position 35[deg]07'07'' N., longitude 
075[deg]59'16'' W. (NAD 1983). This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. to 9:45 p.m. on 
July 3, 2016. The safety zone will cover all navigable waters within 
500 yards of the NPS Boat Launch at approximate position 35[deg]07'07'' 
N., longitude 075[deg]59'16'' W. The duration of the zone is intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters before, during, and after the aerial fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The primary impact of these regulations will be on limiting all 
vessels wishing to transit the affected waterways during enforcement of 
the safety zone on the waters of Pamlico Sound within a 500 yard radius 
of the NPS Boat Launch at approximate position 35[deg]07'07'' N., 
longitude 075[deg]59'16'' W. on July 3, 2016, from 9 p.m. through 9:45 
p.m., unless otherwise cancelled by the COTP. Although these 
regulations prevent traffic from transiting a small portion of Pamlico 
Sound during this event, that restriction is limited in duration, 
affects only a limited area, and will be well publicized to allow 
mariners to make alternative plans for transiting the affected area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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,

[[Page 42519]]

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 section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 safety zone to limit all vessels 
within a 500 yard radius of the NPS Boat Launch at approximate position 
35[deg]07'07'' N., longitude 075[deg]59'16'' W. on July 3, 2016, from 9 
p.m. through 9:45 p.m., to protect life and property of mariners from 
the dangers associated with aerial fireworks. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0289 to read as follows:


Sec.  165.T05-0289  Safety Zone, Pamlico Sound; Ocracoke, North 
Carolina.

    (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: specified waters 
of the Captain of the Port Sector North Carolina zone, as defined in 33 
CFR 3.25-10, all waters of Pamlico Sound in Ocracoke, NC within a 500-
foot radius of the NPS Boat Launch in Ocracoke, NC at approximate 
position 35[deg]07'07'' N., longitude 075[deg]59'16'' W.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port, North Carolina or her designated 
representatives.
    (2) The operator of any vessel granted permission to enter this 
safety zone must proceed as directed by any commissioned, warrant or 
petty officer on shore or on board a vessel that is displaying a U.S. 
Coast Guard Ensign.
    (3) The Captain of the Port, North Carolina can be reached through 
the Sector North Carolina Command Duty Officer at Sector North Carolina 
in Wilmington, North Carolina at telephone number (910) 343-3882.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced on July 3, 
2016, from 9 p.m. through 9:45 p.m., unless otherwise cancelled by the 
COTP.

    Dated: June 9, 2016.
P.J. Hill,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-15600 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P