
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44468-44470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18572]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0624]
RIN 1625-AA00


Safety Zone; Fireworks for NC NENA/APCO Conference, Cape Fear 
River; Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of Cape Fear River; Wilmington, NC in support of the Fireworks 
display for the NC NENA/APCO Conference. This action is necessary to 
protect the life and property of the maritime public and spectators 
from the hazards posed by aerial fireworks displays. Entry into or 
movement within this safety zone during the enforcement period is 
prohibited without approval of the Captain of the Port.

DATES: This rule is effective on August 28, 2012 and enforced from 8 
p.m. to 11 p.m. on August 28, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0624]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina, 
Coast Guard; 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 the final details for this event were 
not provided to the Coast Guard until June 25, 2012. As such, it is 
impracticable to provide a full comment period due to lack of time. 
Delaying the effective date for comment would be contrary to the public 
interest, since immediate action is needed to ensure the safety of the 
event participants, patrol vessels, spectator craft and other vessels 
transiting the event area. The Coast Guard will provide advance 
notifications to users of the effected waterways of the safety zone via 
marine information broadcasts, local notice to mariners, commercial 
radio stations and area newspapers.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds, for the reasons 
noted above, that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for this rule is 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1. which collectively authorize the Coast 
Guard to define regulatory safety zones.
    On August 28, 2012, NC NENA/APCO Conference will sponsor a land-
based fireworks display on the western shore of the Cape Fear River at 
Battleship Park. The fireworks debris fallout area will extend over the 
navigable waters of Cape Fear River. Due to the need to protect 
mariners and spectators from the hazards associated with the fireworks 
display, including accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris, vessel traffic 
will be temporarily restricted from transiting within fireworks launch 
and fallout area.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone on the navigable 
waters of Cape Fear River within an area bound by a line drawn from the 
following points: Latitude 34[deg]13'54'' N, longitude 077[deg]57'06'' 
W; thence northeast to latitude 34[deg]13'57'' N, longitude 
077[deg]57'05'' W; thence north to latitude 34[deg]14'11'' N, longitude 
077[deg]57'07'' W; thence northwest to latitude 34[deg]14'22'' N, 
longitude 077[deg]57'19'' W; thence west to latitude 34[deg]14'22'' N, 
longitude 077[deg]57'06'' W; thence southeast to latitude 
34[deg]14'07'' N, longitude 077[deg]57'00'' W; thence south to latitude 
34[deg]13'54'' N, longitude 077[deg]56'58'' W; thence to the point of 
origin, located

[[Page 44469]]

approximately 500 yards north of Cape Fear Memorial Bridge. This safety 
zone will be established and enforced in the vicinity of Wilmington, NC 
from 8 p.m. to 11 p.m. on August 28, 2012. In the interest of public 
safety, general navigation within the safety zone will be restricted 
during the specified date and times. Except for participants and 
vessels authorized by the Coast Guard Captain of the Port or his 
representative, no person or vessel may enter or remain in the 
regulated area.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
restricts access to a small segment of the Cape Fear River, the effect 
of this rule will not be significant because: (i) The safety zone will 
be in effect for a limited duration; (ii) the zone is of limited size; 
and (iii) the Coast Guard will make notifications via maritime 
advisories so mariners can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 Cape Fear River from 8 p.m. to 11 p.m. on 
August 28, 2012. This rule will not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
(1) This rule will be enforced for only three hours on August 28, 2012; 
(2) Vessel traffic will be able to navigate safely around the safety 
zone without significant impact to their transit plans; and (3) Before 
the effective period begins, we will issue maritime advisories.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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

[[Page 44470]]

complying with the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321-4370f), and have determined that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
establishing a safety zone for a fireworks display launch site and 
fallout area and is expected to have no impact on the water or 
environment. This zone is designed to protect mariners and spectators 
from the hazards associated with aerial fireworks displays. This rule 
is categorically excluded from further review under paragraph 34 (g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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. 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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T05-0624 to read as follows:


Sec.  165.T05-0624  Safety Zone: Fireworks For NC NENA/APCO Conference, 
Cape Fear River, Wilmington, NC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: specified waters 
of the Captain of the Port, Sector North Carolina, as defined in 33 CFR 
3.25-20, on the navigable waters of Cape Fear River within an area 
bound by a line drawn from the following points: Latitude 
34[deg]13'54'' N, longitude 077[deg]57'06'' W; thence northeast to 
latitude 34[deg]13'57'' N, longitude 077[deg]57'05'' W; thence north to 
latitude 34[deg]14'11'' N, longitude 077[deg]57'07'' W; thence 
northwest to latitude 34[deg]14'22'' N, longitude 077[deg]57'19'' W; 
thence west to latitude 34[deg]14'22'' N, longitude 077[deg]57'06'' W; 
thence southeast to latitude 34[deg]14'07'' N, longitude 
077[deg]57'00'' W; thence south to latitude 34[deg]13'54'' N, longitude 
077[deg]56'58'' W; thence to the point of origin, located approximately 
500 yards north of Cape Fear Memorial Bridge.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part apply to the area described in paragraph (b) of 
this section.
    (2) Persons or vessels requiring entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative, unless the Captain 
of the Port previously announced via Marine Safety Radio Broadcast on 
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will 
not be enforced in that portion of the safety zone. The Captain of the 
Port can be contacted at telephone number (910) 343-3882 or by radio on 
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced on August 28, 
2012 from 8 p.m. to 11 p.m. unless cancelled earlier by the Captain of 
the Port.

    Dated: July 19, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2012-18572 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P


