[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43085-43087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15700]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0131]
RIN 1625-AA00


Safety Zone, Shallowbag Bay; Manteo, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Shallowbag Bay in Manteo, North Carolina. 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 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 from 9 p.m. on July 4, 2016, through 
10:30 p.m. on July 5, 2016. The safety zone created by this rule will 
be subject to enforcement from 9 p.m. to 10:30 p.m. on July 4, 2016. 
The safety zone will also be subject to enforcement from 9 p.m. to 
10:30 p.m. on July 5, 2016, if the fireworks display is postponed 
because of adverse weather.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0131 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

    On July 4, 2016, fireworks will be launched from a barge located in 
Shallowbag Bay in Manteo, North Carolina as part of the Manteo July 4th 
Celebration. The Captain of the Port North Carolina is establishing a 
temporary safety zone on specified waters of Shallowbag Bay within a 
200-yard radius of a barge anchored in approximate position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. (NAD 1983). This safety 
zone will be effective and

[[Page 43086]]

enforced from 9 p.m. to 10:30 p.m. on July 4, 2016 with a rain date 
being July 5, 2016 from 9 p.m. to 10:30 p.m. Access to the safety zone 
will be restricted during the specified dates and times. On April 26, 
2016, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone, Shallowbag Bay; Manteo, NC (81 FR 24521). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended May 11, 2016, we received no comments.
    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. Given the date of the fireworks 
display, it is impracticable to delay the effective date of this rule 
beyond July 4, 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 4, 2016 
or July 5, 2016 will be a safety concern for anyone within a 200-yard 
radius of a barge anchored in approximate position 35[deg]54'31'' N., 
longitude 075[deg]39'46'' W. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
26, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 9 p.m. to 10:30 p.m. on 
July 4, 2016 with a rain date being July 5, 2016 from 9 p.m. to 10:30 
p.m. The safety zone will cover all navigable waters within 200 yards 
radius of a barge anchored in approximate position 35[deg]54'31'' N., 
longitude 075[deg]39'46'' W. in Shallowbag Bay in Manteo, NC. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 9 p.m. 
to 10:30 p.m. 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 Shallowbag Bay within a 200-yard 
radius of a barge anchor in approximate position 35[deg]54'31'' N., 
longitude 075[deg]39'46'' W. on July 04, 2016 from 9 p.m. to 10:30 p.m. 
with a rain date being July 5, 2016 from 9 p.m. to 10:30 p.m. Although 
these regulations prevent traffic from transiting a portion of 
Shallowbag Bay 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 received no comments from the Small Business 
Administration on this rulemaking. 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, 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.

[[Page 43087]]

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 200 yard radius of a barge anchor in approximate position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. on July 4, 2016 from 9 
p.m. to 10:30 p.m. with a rain date being July 5, 2016 from 9 p.m. to 
10:30 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.T05-0131 to read as follows:


Sec.  165.T05-0131  Safety Zone, Shallowbag Bay; Manteo, 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: All waters of 
Shallowbag Bay within a 200 yard radius of a barge anchored in position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. (NAD 1983).
    (c) Regulations. (1) The general regulations in Sec.  165.23 apply 
to the area described in paragraph (b) of this section.
    (2) Persons or vessels requesting 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. The Captain of the 
Port or his designated representative 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 9 p.m. 
to 10:30 p.m. on July 4, 2016, or a rain date of July 5, 2016, unless 
cancelled earlier by the Captain of the Port.

    Dated: June 9, 2016.
P.J. Hill,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-15700 Filed 6-30-16; 8:45 am]
BILLING CODE 9110-04-P