[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24221-24223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11259]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0416]
RIN 1625-AA00


Safety Zone; Bath Creek, Bath, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Bath Creek near Bath, North Carolina, in support of 
a fireworks display on May 26, 2018. This temporary safety zone is 
intended to restrict vessel traffic from a portion of Bath Creek during 
the Bath Festival fireworks display to protect the life and property of 
the maritime public and spectators from the hazards posed by aerial 
fireworks displays. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) North Carolina or a designated representative.

DATES: This rule is effective from 8:30 p.m. through 9:00 p.m. on May 
26, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0416 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 Chief Petty Officer Joshua O'Rourke, Waterways Management 
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; 
telephone 910-772-2227, 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
COTP Captain of the Port

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

[[Page 24222]]

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 it is impracticable and contrary to the public interest. 
The publishing of an NPRM would be impracticable and contrary to the 
public interest since immediate action is needed to minimize potential 
danger to the participants and the public during the event.
    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. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to protect persons and vessels from the hazards associated 
with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP North Carolina has determined that potential hazards 
associated with the Bath Festival fireworks display on May 26, 2018, is 
a safety concern for maritime spectators during the launch of fireworks 
on Bath Creek in Bath, North Carolina. This rule is necessary to 
protect persons and vessels from the potential hazards associated with 
the aerial fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 p.m. until 9 p.m. on 
May 26, 2018. The safety zone will include all navigable waters within 
150 yard radius of the fireworks barge at approximate position: 
Latitude 35[deg]28'04'' N, longitude 076[deg]48'55'' W, on Bath Creek, 
Bath, North Carolina. This safety zone is being established for the 
safety of the maritime spectators observing the fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. All 
vessels within this safety zone when this section becomes effective 
must depart the zone immediately. To request permission to remain in, 
enter, or transit through the safety zone, vessels should contact the 
COTP North Carolina or the COTP North Carolina's representative through 
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington, 
North Carolina, at telephone number 910-343-3882, or on VHF-FM marine 
band radio channel 13 (165.65 MHz) or channel 16 (156.8 MHz).

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The half hour regulation 
enforcement period should not overly burden vessel traffic based on the 
short duration of the period. Smaller vessels will be able to safely 
transit around this safety zone, which will impact a designated area of 
Bath Creek, Bath, NC. Additionally, the rule allows vessels to seek 
permission to enter the zone. The Coast Guard will issue a Broadcast 
Notice to Mariners to notify vessels in the region of the establishment 
of this regulation.

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 the precise number of small entities impacted is unknown, 
Bath Creek has a low number of vessels transiting the area planned for 
the safety zone, during the enforcement period. Although, 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

[[Page 24223]]

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 a 
safety zone lasting half an hour that will prohibit entry into a 
portion of Bath Creek, Bath, NC. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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.T05-0416 to read as follows:


Sec.  165.T05-0416  Safety Zone, Bath Creek, Bath, NC.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 150 yard radius of the fireworks barge at approximate 
position: Latitude 35[deg]28'04'' N, longitude 076[deg]48'55'' W, on 
Bath Creek, Bath, North Carolina.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned, warrant, or petty officer 
designated by the Captain of the Port North Carolina (COTP) for the 
enforcement of the safety zone.
    Captain of the Port means the Commander, Sector North Carolina.
    (c) Regulations. (1) The general regulations governing safety zones 
in subpart C of this part apply to the area described in paragraph (a) 
of this section.
    (2) With the exception of the fireworks barge and crew, entry into 
or remaining in this safety zone is prohibited unless authorized by the 
COTP North Carolina or the COTP North Carolina's designated 
representative. All other vessels must depart the zone immediately.
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (4) To request permission to remain in, enter, or transit through 
the safety zone, contact the COTP North Carolina or the COTP North 
Carolina's representative through the Coast Guard Sector North Carolina 
Command Duty Officer, Wilmington, North Carolina, at telephone number 
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or 
channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.

    Dated: May 16, 2018.
Bion B. Stewart,
Captain, U. S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-11259 Filed 5-24-18; 8:45 am]
 BILLING CODE 9110-04-P