
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31183-31186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12727]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0097]
RIN 1625-AA00


Safety Zone, Temporary Change for Recurring Fireworks Display 
Within the Fifth Coast Guard District, Pamlico River and Tar River; 
Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period 
and location of safety zone regulations for a recurring fireworks 
display within the Fifth Coast Guard District. This regulation applies 
to two recurring fireworks display events that take place at 
Washington, NC. Safety zone regulations are 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 Pamlico River 
and Tar River near Washington, NC, during the event.

DATES: This rule will be effective from June 8, 2012 until July 5, 2012 
and enforced on June 8, 2012 and July 4, 2012 from 7:30 p.m. to 10:30 
p.m.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2012-0097 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0097 in the ``Search'' 
box, and then clicking ``Search.'' This material is 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 proposed 
rule, call or email Chief Warrant Officer Joseph Edge, Prevention 
Department, Coast Guard Sector North Carolina, Atlantic Beach, NC; 
telephone 252-247-4525, email Joseph.M.Edge@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: 

Regulatory Information

    On March 13, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone, Temporary Change for Recurring Fireworks 
Display within the Fifth Coast Guard District, Pamlico River and Tar 
River; Washington, NC in the Federal Register (77 FR 14703). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    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. Given the timing of the event, it 
would be impracticable to allow 30 days after publication before 
enforcing this safety zone.

Background and Purpose

    Fireworks display events are frequently held on or adjacent to 
navigable waters within the boundary of

[[Page 31184]]

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.
    This regulation temporarily changes the enforcement period and 
geographic location for a safety zone for two annually recurring 
fireworks events, described at (d)(7) of the Table to 33 CFR 165.506, 
that are normally scheduled to occur each year on the second Saturday 
in June and on the first Saturday after July 4th. This regulation 
applies to only the fireworks events listed in the Table to Sec.  
165.506, section (d)7.
    On June 8, 2012 and July 4, 2012, the Town of Washington, NC will 
sponsor their annual fireworks events. These events will take place in 
Washington, NC on the waters of the Pamlico River. The regulation at 33 
CFR 165.506 is enforced annually for this event. Also, a fleet of 
spectator vessels is expected to gather near the event site to view the 
fireworks. To provide for the safety of participants, spectators, and 
transiting vessels, the Coast Guard will temporarily restrict vessel 
traffic in the event area from 7:30 p.m. to 10:30 p.m. on June 8, 2012 
and July 4, 2012. The regulation at 33 CFR 165.506 will be enforced for 
the duration of the event. Vessels may not enter the regulated area 
unless they receive permission from the Coast Guard Patrol Commander.
    The Table to Sec.  165.506, event (d)(7) establishes the 
enforcement date and geographic location for the fireworks events held 
in Washington, North Carolina. This regulation temporarily changes the 
enforcement location to latitude 35[deg]32'25'' N, longitude 
077[deg]03'42'' W. The temporary safety zone will be enforced from 7:30 
p.m. to 10:30 p.m. on June 8, 2012 and July 4, 2012, and will restrict 
general navigation in the regulated area during the event. Except for 
participants and vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel will be allowed to enter or remain in 
the regulated area. These regulations are needed to control vessel 
traffic during the event to enhance the safety of participants, 
spectators and transiting vessels.

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.
    Although this regulation will restrict access to the area, the 
effect of this rule will not be significant because: (i) The safety 
zone will only be in effect from 7:30 p.m. to 10:30 p.m. on June 08, 
2012 and July 4, 2012; (ii) the Coast Guard will give advance 
notification via maritime advisories so mariners can adjust their plans 
accordingly; (iii) although the safety zone will apply to the section 
of the Pamlico River and Tar River, vessel traffic will be able to 
transit safely around the safety zone.

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 or operators of vessels intending to 
transit the specified portion of Pamlico River and Tar River from 7:30 
p.m. to 10:30 p.m. on June 8, 2012 and July 4, 2012.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will only be in effect for three hours each day from 7:30 p.m. to 
10:30 p.m. Although the safety zone will apply to a section of the 
Pamlico River, vessel traffic will be able to transit safely around the 
safety zone. Before the effective period, the Coast Guard will issue 
maritime advisories widely available to the users of the waterway.
    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), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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

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 
(adjusted for inflation) 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 cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 31185]]

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 this instruction. This rule establishes a temporary safety 
zone to protect the public from fireworks fallout. 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, and 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, 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. At Sec.  165.506, in the Table to Sec.  165.506, make the following 
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend 
entry 7, from June 7, 2012 through June 9, 2012, and from July 3, 2012 
through July 8, 2012.
0
b. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry 14, which will be enforced from 7:30 p.m. to 10:30 p.m. on June 
8, 2012 and from 7:30 p.m. to 10:30 p.m. on July 4, 2012, to read as 
follows:


Sec.  165.506-T05-0097  Safety Zones; Fifth Coast Guard District 
Fireworks Displays.

* * * * *

                         Table to Sec.   165.506
 [All coordinates listed in the Table to Sec.   165.506 reference Datum
                                NAD 1983]
------------------------------------------------------------------------
     No.             Date            Location          Regulated area
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                              * * * * * * *
            (d.) Coast Guard Sector North Carolina--COTP Zone
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                              * * * * * * *
14..........  June 8, 2012,      Pamlico River     All waters of Pamlico
               July 4, 2012.      and Tar River,    River and Tar River
                                  Washington, NC,   within a 300 yard
                                  Safety Zone.      radius of latitude
                                                    35[deg]32'25'' N,
                                                    longitude
                                                    077[deg]03'42'' W, a
                                                    position located on
                                                    the southwest shore
                                                    of the Pamlico
                                                    River, Washington,
                                                    NC.
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* * * * *

    Dated: May 5, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-12727 Filed 5-24-12; 8:45 am]
BILLING CODE 9110-04-P


