

[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Rules and Regulations]               
[Page 62117-62119]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-088]
RIN 1625-AA00

 
Safety Zone: Holiday Flotilla Fireworks Display, Motts Channel/ 
Banks Channel, Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard proposes the establishment of a 1,000 foot 
safety zone around a fireworks display for the North Carolina Holiday 
Flotilla occurring on November 24, 2007, on Motts Channel/ Banks 
Channel, Wrightsville Beach, NC. This action is intended to restrict 
vessel traffic on Motts Channel. This safety zone is necessary to 
protect mariners from the hazards associated with fireworks displays.

DATES: This rule will be effective from 6 p.m. to 8 p.m. on November 
24, 2007.

ADDRESSES: You may mail comments and related material to Commander, 
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, NC 
28512. Sector North Carolina maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for

[[Page 62118]]

inspection or copying at the Federal Building Fifth Coast Guard 
District between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Chief Todd C. Mann, Marine 
Environmental Response Branch, Coast Guard Marine Safety Unit 
Wilmington, North Carolina at (910) 772-2216.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    A Notice of Proposed Rulemaking Holiday Flotilla Fireworks Display, 
Motts Channel/Banks Channel, Wrightsville Beach, North Carolina was 
published on September 14, 2007 for review in the Federal Register. (72 
FR 52534). We received no comments on the proposed rule. No public 
hearing was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. This safety zone is a necessary measure to help 
the community safely enjoy a holiday fireworks display. It is in the 
public interest to protect mariners from the hazards associate with 
fireworks displays and for this reason the Coast Guard is taking the 
necessary preventative measure of establishing this zone.

Background and Purpose

    On November 24, 2007, the North Carolina Holiday Flotilla fireworks 
display will be held adjacent to Motts Channel/Banks Channel, 
Wrightsville Beach, NC. Spectators will be observing from both the 
shore and from vessels. Due to the need of protection of mariners and 
spectators from the hazards associated with the fireworks display, 
vessel traffic will be temporarily restricted.

Discussion of Comments and Changes

    No comments were received.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of Motts Channel. The regulated area will consist of a 1000 foot safety 
zone around Bird Island position latitude 34[deg]12'41'' N, longitude 
077[deg]48'26'' W, which is located south of the Seapath Yacht Club, 
Wrightsville Beach, NC. The safety zone will be enforced from 6 p.m. to 
8 p.m. on November 24, 2007. General navigation in the safety zone will 
be restricted during the event. Except for participants and vessels 
authorized by the Captain of the Port Representative, no person or 
vessel may enter or remain in the regulated area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this regulation restricts access to the 
regulated area, the effect of this rule will not be significant 
because: (i) The COTP may authorize access to the safety zone; (ii) the 
safety zone will be in effect for a limited duration; and (iii) the 
Coast Guard will make advance notifications via maritime advisories so 
mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners and operators of vessels intending to 
transit or anchor in that portion of Motts Channel/Banks Channel 
November 24, 2007 between the hours of 6 p.m. and 8 p.m. The safety 
zone will not have a significant impact on a substantial number of 
small entities, because the zone will only be in place for a limited 
amount of time and maritime advisories will be issued in advance, so 
the mariners can adjust their plans accordingly.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 LTJG Adam Schmid, Response 
Division, Coast Guard Marine Safety Unit, Wilmington, North Carolina at 
(910) 772-2191. 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 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 U. S. 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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 62119]]

minimize litigation, eliminate ambiguity, and reduce burden.

 Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guides 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 there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(g), of the Instruction, an ``Environmental Analysis 
Check List'' is required for this rule. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 Subpart C 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T05-123, to read as follows:


Sec.  165.T05-123  Safety Zone: Motts Channel/ Banks Channel, 
Wrightsville Beach, North Carolina

    (a) Location: The following area is a safety zone: All waters of 
Motts Channel/Banks Channel within 1000 feet of Bird Island at 
Wrightsville Beach, NC, approximate position latitude 
34[deg]12[min]41[sec] N, longitude 077[deg]48[min]26[sec] W in the 
Captain of the Port Sector North Carolina zone as defined in 33 CFR 
3.25-20.
    (b) Definition. As used in this section the ``on scene 
representative'' means any U.S. Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (c) Regulation: (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port or the on scene representative.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
U.S. Coast Guard Ensign;
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) Persons or vessels requiring entry into or passage within the 
safety zone must request authorization from the Captain of the Port, 
Sector North Carolina or his on scene representative by telephone at 
(252) 247-4570 or (252) 247-4571 or by marine band radio on VHF channel 
16 (156.8 MHz).
    (d) Enforcement period: This regulation will be enforced from 6 
p.m. to 8 p.m. on November 24, 2007.

    Dated: October 10, 2007.
William D. Lee,
Captain, U.S. Coast Guard, Sector North Carolina.
 [FR Doc. E7-21589 Filed 11-1-07; 8:45 am]

BILLING CODE 4910-15-P
