
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31843-31846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13646]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0384]
RIN 1625-AA00


Safety Zone; Temporary Change to Enforcement Location of 
Recurring Fireworks Display Event, Currituck Sound; Corolla, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement 
location of a safety zone for one specific recurring fireworks display 
in the Fifth Coast Guard District. This regulation applies to only one 
recurring fireworks event, held adjacent to the Currituck Sound, 
Corolla, North Carolina. The fireworks display formerly originated from 
a barge but will this year originate from a location on land. The 
safety zone is necessary to provide for the safety of life on navigable 
waters during the event. This action is intended to restrict vessel 
traffic in a portion of the Currituck Sound, Corolla, NC, during the 
event.

DATES: In Sec.  165.506, entry (d)14 is effective from 5:30 p.m. on 
July 4, 2011 until 1 a.m. on July 5, 2011. In Sec.  165.506, Table to 
Sec.  165.506, entry (d)5 is suspended from 5:30 p.m. on July 4, 2011 
until 1 a.m. on July 5, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0384 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0384 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 
temporary rule, call or e-mail CWO3 Joseph M. Edge, Coast Guard Sector 
North Carolina, Coast Guard; telephone 252-247-4525, e-mail 
Joseph.M.Edge@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 31844]]

Regulatory Information

    The Coast Guard is issuing this temporary 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 immediate action is needed to 
minimize potential danger to the public during the event. The potential 
dangers posed by fireworks displays conducted near the Currituck Sound 
with other vessel traffic makes a safety zone necessary to provide for 
the safety of participants, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during the event. 
The Coast Guard will issue broadcast notice to mariners to advise 
vessel operators of navigational restrictions. On scene Coast Guard and 
local law enforcement vessels will also provide actual notice to 
mariners.

Background and Purpose

    Recurring fireworks displays are frequently held on or adjacent to 
the navigable waters within the boundary of the Fifth Coast Guard 
District. For a description of the geographical area of each Coast 
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
    The regulation listing annual fireworks displays within the Fifth 
Coast Guard District and their regulated locations is 33 CFR 165.506. A 
Table to Sec.  165.506 identifies fireworks displays by COTP zone, with 
the COTP North Carolina zone listed in Portion ``d'' of the Table.
    The township of Corolla, North Carolina, sponsors an annual 
fireworks display held on July 4th over the waters of Currituck Sound 
at Corolla, North Carolina. The Table to Sec.  165.506, at Portion 
``d'' event Number ``5'', established the enforcement date and 
regulated location for this fireworks event.
    The location listed in the Table has the fireworks display 
originating from a fireworks barge on Currituck Sound. However, this 
temporary final rule changes the fireworks launch location on July 4, 
2011, to a position on shore at latitude 36[deg]22'23.8'' N, longitude 
075[deg]49'56.3'' W.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the fireworks display. Due to the need for vessel control during 
the fireworks display vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels. Under provisions of 33 CFR 165.506, during the enforcement 
period, vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

Discussion of Rule

    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  165.506, at Portion ``d'' event Number ``5'', and will 
insert this new temporary regulation at Table to Sec.  165.506, at 
Portion ``d'' as event Number ``14'', in order to reflect that the 
fireworks display will originate from a point on shore and therefore 
the regulated area is changed. This change is needed to accommodate the 
sponsor's event plan. No other portion of the Table to Sec.  165.506 or 
other provisions in Sec.  165.506 shall be affected by this regulation.
    The regulated area of this safety zone includes all water of the 
Currituck Sound within a 300 yards radius of latitude 36[deg]22'23.8'' 
N, longitude 075[deg]49'56.3'' W.
    This safety zone will restrict general navigation in the regulated 
area during the fireworks event. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area during the effective period. The 
regulated area is needed to control vessel traffic during the event to 
enhance the safety of participants and transiting vessels.
    The enforcement period for this safety zone does not change from 
that enforcement period listed in Sec.  165.506(d). Therefore, this 
safety zone will be enforced from 5:30 p.m. on July 4, 2011 through 1 
a.m. on July 5, 2011.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

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.
    This rule prevents traffic from transiting a portion of the 
Currituck Sound during the specified event, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via marine 
information broadcasts, local radio stations and area newspapers so 
mariners can adjust their plans accordingly. Additionally, this 
rulemaking changes the regulated area for the Currituck Sound fireworks 
demonstration for July 4, 2011 only and does not change the permanent 
regulated area that has been published in 33 CFR 165.506, Table to 
Sec.  165.506 at portion ``d'' event Number ``5''. In some cases vessel 
traffic may be able to transit the regulated area when the Coast Guard 
Patrol Commander deems it is safe to do so.

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 would affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in the Currituck Sound where fireworks events are 
being held. This regulation will not have a significant impact on a 
substantial number of small entities because it will be enforced only 
during the fireworks display event that has been permitted by the Coast 
Guard Captain of the Port. The Captain of the Port will ensure that 
small entities are able to operate in the regulated area when it is 
safe to do so. In some cases, vessels will be able to safely transit 
around the regulated area at various

[[Page 31845]]

times, and, with the permission of the Patrol Commander, vessels may 
transit through the regulated area. Before the enforcement period, the 
Coast Guard will issue maritime advisories so 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.
    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 affect 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 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule establishes a safety zone. 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Amend Sec.  165.506 as follows:
0
a. From 5:30 p.m. on July 4, 2011 through 1 a.m. on July 5, 2011 in the 
Table to Sec.  165.506, suspend entry (d)5.
0
b. From 5:30 p.m. on July 4, 2011 through 1 a.m. on July 5, 2011, in 
the Table to Sec.  165.506, add entry (d)14 to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

* * * * *

[[Page 31846]]



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             Number                      Date                  Location                   Regulated area
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                                                  * * * * * * *
                                (d) Coast Guard Sector North Carolina--COTP Zone
 
                                                  * * * * * * *
14..............................  July 4, 2011......  Currituck Sound, Corolla,  All waters of the Currituck
                                                       NC, Safety Zone.           Sound within a 300 yard radius
                                                                                  of the fireworks launch site
                                                                                  in approximate position
                                                                                  latitude 36[deg]22'23.8'' N,
                                                                                  longitude 075[deg]49'56.3'' W,
                                                                                  located near Whale Head Bay.
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    Dated: May 10, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2011-13646 Filed 6-1-11; 8:45 am]
BILLING CODE 9110-04-P


