[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30877-30879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14169]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0612]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway, Swansboro, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the Atlantic Intracoastal Waterway near
Swansboro, North Carolina, in support of a fireworks display on July 4,
2018. This temporary safety zone is intended to restrict vessel traffic
from a portion of the Atlantic Intracoastal Waterway during the Town of
Swansboro Fourth of July Celebration 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 8:45 p.m. through 9:45 p.m. on July
4, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0612 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 Petty Officer Matthew Tyson, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone 910-772-2221, 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 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 a final rule needs to be in
place by July 4, 2018, 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 impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on July 4, 2018.
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 Town of Swansboro Fourth of July
Celebration fireworks display on July 4, 2018, is a safety concern for
maritime spectators during the launch of fireworks on the Atlantic
Intracoastal Waterway near Swansboro, 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 8:45 p.m. until 9:45 p.m.
on July 4, 2018. The safety zone will include all navigable waters
within a 150 yard radius of the fireworks launch location at
approximate position: Latitude 34[deg]41'02'' N, longitude
077[deg]07'04'' W, on the Atlantic Intracoastal Waterway near
Swansboro, 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 or a designated representative of the COTP 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
[[Page 30878]]
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 one-hour regulation
enforcement period should not overly burden vessel traffic based on the
short duration of the period. This safety zone will only impact a small
designated area of the Atlantic Intracoastal Waterway near Swansboro,
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, it
is expected that the number of vessels in this portion of the Atlantic
Intracoastal Waterway during the event will be low. 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.
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 one hour that will prohibit entry into a portion
of the Atlantic Intracoastal Waterway near Swansboro, 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.T05-0612 to read as follows:
Sec. 165.T05-0612 Safety Zone, Atlantic Intracoastal Waterway,
Swansboro, NC.
(a) Location. The following area is a safety zone: All navigable
waters within a 150 yard radius of the fireworks launch location at
approximate position: Latitude 34[deg]41'02'' N, longitude
077[deg]07'04'' W, on the Atlantic Intracoastal Waterway near
Swansboro, North Carolina.
(b) Definitions. As used in this section--
Captain of the Port means the Commander, Sector North Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned,
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warrant, or petty officer designated by the Captain of the Port North
Carolina (COTP) for the enforcement of the safety zone.
(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) 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.
(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: June 25, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-14169 Filed 6-29-18; 8:45 am]
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