
[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Rules and Regulations]               
[Page 12891-12893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0147]
RIN 1625-AA00

 
Safety Zone: Fireworks Display, Pasquotank River, Elizabeth City, 
NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard proposes to establish a 300 foot radius safety 
zone around a fireworks display for the Roanoke Bible College occurring 
on April 4, 2008 on the Pasquotank River, Elizabeth City, NC. This 
action is intended to restrict vessel traffic on the Pasquotank River. 
This safety zone is necessary to protect mariners from the hazards 
associated with firework displays.

DATES: This rule is effective from 8 p.m. to 10 p.m. on April 4, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0147 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
Coast Guard Sector North Carolina, 2301 East Fort Macon Rd., Atlantic 
Beach, North Carolina, 28512 between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Christopher Humphrey, Marine Event Coordinator, 
Sector North Carolina, (252) 247-4569. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Immediate action is needed to 
protect the maritime public from the hazards associated with the 
fireworks display and fallout over the water. The necessary information 
to determine whether this firework display would impact the marine 
public was not determined within sufficient time to publish an NPRM. 
For the safety concerns noted, it is in the public's best interest to 
have this regulation in place during the display. Coast Guard personnel 
will be on scene to provide actual notice to mariners who may not know 
about this safety zone. Also, a notice to mariners will be broadcast 
for this 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 would 
be contrary to public interest, since immediate action is needed to 
ensure the public's safety.

Background and Purpose

    On April 4, 2008, the Roanoke Bible College will conduct a 
fireworks display adjacent to Pasquotank River, Elizabeth City, North 
Carolina. Spectators will be observing from both shore and from 
vessels. Due to the need to protect the mariners and spectators from 
the hazards associated with the fireworks display, vessel traffic will 
be temporarily restricted in this portion of the river.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
on the Pasquotank River, adjacent to Elizabeth City, North Carolina. 
The regulated area will consist of a 300 feet radius safety zone around 
the launch site in approximate position 36[deg]18'16'' N 
076[deg]12'52'' W, which is located approximately 500 yards east of the

[[Page 12892]]

Camden Causeway Bridge Highway 158. The safety zone will be enforced 
from 8 p.m. to 10 p.m. on April 4, 2008. 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.

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 are 
small entities: The owners and operators of vessels intending to 
transit or anchor in that portion of the Pasquotank River on April 4, 
2008, between the hours of 8 p.m. and 10 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, 2 
hours late in the evening when vessel traffic is low. In addition 
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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. 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 Christopher Humphrey, Marine 
Event Coordinator, Coast Guard Sector North Carolina at (252) 247-4569. 
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.

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 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 may 
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

[[Page 12893]]

which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded 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, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' will be available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting & 
Recordkeeping requirements, Security measures, and Waterways.

0
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 temporary Sec.  165.T05-014 to read as follows:


Sec.  165.T05-014  Safety Zone: Pasquotank River, Elizabeth City, North 
Carolina.

    (a) Location: The following area is a safety zone: All waters of 
Pasquotank River within a 300 foot radius of approximate position 
36[deg]18'16''N 076[deg]12'52''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; Captain of the Port 
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 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port or designated 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) The Captain of the Port, Sector North Carolina can be contacted 
at telephone number (252) 247-4570 or (252) 247-4571.
    (4) Coast Guard vessels enforcing the safety zone can be contacted 
on VHF-FM marine band radio, Channel 13 (156.65Mhz) and Channel 16 
(156.8Mhz).
    (d) Enforcement period: This regulation will be enforced from 8 
p.m. to 10 p.m. on April 4, 2008.
    (e) Effective Date: This regulation is effective from 8 p.m. until 
10 p.m. on April 4, 2008.

    Dated: February 28, 2008.
G.D. Case,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector North 
Carolina.
[FR Doc. E8-4799 Filed 3-10-08; 8:45 am]

BILLING CODE 4910-15-P
