
[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28312-28315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12007]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1015]
RIN 1625-AA00


Safety Zones; Fireworks Display Kanawha River, WV

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is establishing three permanent safety zones 
in the Ohio Valley Captain of the Port Zone on specified waters of the 
Kanawha River in Charleston and St. Albans, West Virginia. These safety 
zones are necessary to protect persons and vessels from the potential 
safety hazards associated with annual firework displays. When these 
safety zones are activated, and thus subject to enforcement, this rule 
would limit the movement of vessels within the established fireworks 
display areas. Entry into, transit through, mooring, or anchoring 
within the zones during time of enforcement is prohibited unless 
authorized by the Captain of the Port, Ohio Valley or designated 
representative.

DATES: This rule is effective May 17, 2011. Comments must be submitted 
by June 16, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-1015 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    Documents indicated in this preamble as being available in the 
docket are part of docket USCG-2010-1015 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-1015 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Petty Officer Marceli Rogoza, Marine Safety Unit 
Huntington Coast Guard; telephone 304-733-0198 extension 2137, e-mail 
Marceli.A.Rogoza@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-1015), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will

[[Page 28313]]

then become highlighted in blue. In the ``Document Type'' drop down 
menu select ``Proposed Rule'' and insert ``USCG-2010-1015'' in the 
``Keyword'' box. Click ``Search'' then click on the balloon shape in 
the ``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change this rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-1015'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
If you do not have access to the Internet, you may view the docket 
online by visiting the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Regulatory Information

    The Coast Guard is issuing this interim final 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 standard notice procedures are 
impracticable. Immediate action is necessary to ensure the safety of 
vessels, spectators, participants, and others in the vicinity of the 
marine event on the dates and times this rule will be in effect.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register because a delayed effective date 
would be impracticable as immediate action is necessary to ensure the 
safety of the public during the scheduled fireworks events.

Basis and Purpose

    The U.S. Coast Guard is establishing three permanent safety zones 
to ensure public safety during annual fireworks displays occurring on 
the specified waters of the Kanawha River, West Virginia. These safety 
zones are necessary to protect the public from the hazards associated 
with fireworks displays. These fireworks displays are scheduled to 
occur annually during the first week of June. The Captain of the Port 
Ohio Valley or designated representative will give notice of 
enforcement of each safety zone by all appropriate means to provide the 
widest publicity among the affected segments of the public.

Discussion of Rule

    The Captain of the Port Ohio Valley is establishing three safety 
zones for the specified waters of the Kanawha River. The first, for the 
West Virginia Special Olympics Fireworks Display, is located between 
mile 57.9 and 58.9 in Charleston, West Virginia and is effective 
annually on the first Friday in June. The second safety zone, for the 
West Virginia Symphony Sunday Fireworks, is located between mile 59.5 
and 60.5 in Charleston, West Virginia and is effective annually on the 
first Sunday in June. The third safety zone for the St. Albans 
Fireworks Display is located in St. Albans, West Virginia between mile 
46.0 and 47.0 of the Kanawha River and is effective the last Saturday 
in June.
    The term ``participating vessel'' includes all vessels registered 
with the fireworks event officials to work in the event. With the 
exception of participating vessels and those mariners operating 
participating vessels, all vessels and persons are prohibited from 
transiting within this safety zone unless authorized by the Captain of 
the Port Ohio Valley or a designated representative. The Captain of the 
Port Ohio Valley may be contacted on VHF-FM Channels 13 or 16, or by 
telephone at 800-253-7465. The Captain of the Port Ohio Valley will 
inform the public through broadcast notice to mariners of the 
enforcement periods for the safety zones.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 is unnecessary. This determination is based 
on the size and location of the safety zones. The basis of this finding 
is that the safety zone will only be in effect for a limited time 
period on one day each year and notifications to the marine community 
will be made through broadcast notice to mariners.

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following

[[Page 28314]]

entities, some of which may be small entities: The owners or operators 
of vessels intending to transit the specified waters of the Kanawha 
River during the first week in June each year. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities because this rule will only be in effect for limited time 
period on one day each year during the fireworks displays.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 Petty Officer Marceli Rogoza. 
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 would call 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 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule would not cause 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 would 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 would 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 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 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This rule is categorically excluded, 
under figure 2-1, paragraph (34)(g.), of the Instruction. This rule 
involves regulations establishing safety zones. An environmental 
analysis checklist and a 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, 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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 Sec.  165.822 to read as follows:


Sec.  165.822  Safety Zone; Fireworks Display, Kanawha River, WV.

    (a) Safety Zones. The following areas are designated safety zones: 
all waters between the specified mile markers on the Kanawha River, 
described as follows in the Table to Sec.  165.822(a):

[[Page 28315]]



                                           Table to Sec.   165.822(a)
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              Event name                       Event location                       Scheduled date
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West Virginia Special Olympics         Between mile 57.9 and 58.9,    First Friday in June.
 Fireworks Display.                     Charlestown, WV.
West Virginia Symphony Sunday          Between mile 59.5 and 60.5,    First Sunday in June.
 Fireworks Display.                     Charlestown, WV.
St. Albans Fireworks Display.........  Between mile 46.0 and 47.0,    Last Saturday in June.
                                        St. Albans, WV.
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     (b) Enforcement. The Captain of the Port Ohio Valley or designated 
representative will inform the public through broadcast notice to 
mariners of the enforcement periods for the safety zones.
    (c) Regulations. (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 Ohio Valley or designated 
representative.
    (2) Persons or vessels requiring entry into or passage through this 
zone must request permission from the Captain of the Port Ohio Valley, 
or a designated representative. They may be contacted on VHF-FM 
Channels 13 or 16, or by telephone at (800) 253-7465.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Ohio Valley and designated on-scene U.S. Coast 
Guard patrol personnel.
    (4) On-scene U.S. Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: March 15, 2011.
L.W. Hewett,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2011-12007 Filed 5-16-11; 8:45 am]
BILLING CODE 9110-04-P


