Safety Zone; Blue Crab Festival Fireworks Display, Little River, Little River, SC, 25545-25548 [2011-10929]
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
respondents
21 CFR section
1.281 .......................................................................................
1 There
Total annual
responses
22
Average
burden per
response
(in hours)
2.8 million ....
129,757
Total hours
0.016
44,960
are no capital costs or operating and maintenance costs associated with this collection of information.
The number of annual responses is
equivalent to the annual number of
entries that are submitted. In 2010, FDA
received 10,116,018 prior notices. By
dividing the number of prior notices by
the average number of lines per entry,
we estimate 2.8 million entries. By
further dividing the number of entries
by the number of respondents, we
estimate the average annual frequency
per response to be 22. We estimate that
it would take on average about 58
seconds (0.016 hours) for each
respondent to submit the additional
information as part of prior notice. By
multiplying the number of entries by the
additional 58 seconds, we estimate the
total number of hours to provide the
additional information to be an average
of approximately 45,000 hours per year
which also translates to about 20
minutes (0.35 hours) per year per
respondent.
The information collection provisions
for this interim final rule have been
submitted to OMB for review as
required by section 3507(d) of the
Paperwork Reduction Act of 1995. The
requirements were approved and
assigned OMB control number 0910–
0683. This approval expires April 30,
2014. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
Interested persons are requested to fax
comments regarding information
collection by June 6, 2011, to the Office
of Information and Regulatory Affairs,
OMB. To ensure that comments on the
information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, FAX:
202–395–6974, or e-mailed to
oira_submission@omb.eop.gov. All
comments should be identified with the
title, Information Required in Prior
Notice of Imported Food.
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Number of
responses per
respondent
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
VI. Federalism
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects 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. Accordingly, the
Agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
VII. Comments
The requirements in this interim final
rule will be in effect on July 3, 2011.
FDA invites public comment on this
interim final rule, and will consider
modifications to it based on comments
made during the comment period.
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. It is no longer necessary to
send two copies of mailed comments.
Identify comments with the docket
number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
PART 1—GENERAL ENFORCEMENT
REGULATIONS
1. The authority citation for 21 CFR
part 1 continues to read as follows:
■
Authority: 15 U.S.C. 1453, 1454, 1455; 19
U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332,
333, 334, 335a, 343, 350c, 350d, 352, 355,
360b, 362, 371, 374, 381, 382, 393; 42 U.S.C.
216, 241, 243, 262, 264.
2. Section 1.281 is amended by adding
paragraphs (a)(18), (b)(12), and (c)(19) to
read as follows:
■
§ 1.281 What information must be in a
prior notice?
(a) * * *
(18) Any country to which the article
has been refused entry.
(b) * * *
(12) Any country to which the article
has been refused entry.
(c) * * *
(19) Any country to which the article
has been refused entry.
Dated: April 29, 2011.
Janet Napolitano,
Secretary of Homeland Security.
Dated: April 29, 2011.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. 2011–10955 Filed 5–4–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0097]
RIN 1625–AA00
List of Subjects in 21 CFR Part 1
AGENCY:
V. Analysis of Environmental Impact
Cosmetics, Drugs, Exports, Food
labeling, Imports, Labeling, Reporting
and recordkeeping requirements.
Safety Zone; Blue Crab Festival
Fireworks Display, Little River, Little
River, SC
The Agency has carefully considered
the potential environmental effects of
this action. FDA has concluded under
21 CFR 25.30(h) that this action is of a
type that does not individually or
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 1 is
amended as follows:
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ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the waters of Little River in Little River,
South Carolina during the Blue Crab
Festival Fireworks Display on Friday,
SUMMARY:
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
May 13, 2011. The safety zone is
necessary to protect the public from the
hazards associated with launching
fireworks over the navigable waters of
the United States. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from 9 p.m.
until 10:30 p.m. on May 13, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0097 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0097 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
final rule, call or e-mail Lieutenant Julie
Blanchfield, Sector Charleston
Waterways Management Division, Coast
Guard; telephone 843–740–3184, e-mail
Julie.E.Blanchfield@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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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 the
Coast Guard did not receive notice of
the Blue Crab Festival Fireworks
Display with sufficient time to publish
an NPRM and to receive public
comments prior to the event. Any delay
in the effective date of this rule would
be contrary to the public interest
because immediate action is needed to
minimize the potential danger to the
public during the fireworks display.
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For the same reason discussed above,
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. The Coast Guard will issue a
Local Notice to Mariners and Broadcast
Notice to Mariners to advise mariners of
the restriction.
Background and Purpose
On May 13, 2011, The Little River
Blue Crab Festival Inc., in partnership
with Zambelli Fireworks Manufacturing
Co., will be conducting a fireworks
display in Little River, South Carolina
as part of the 30th Annual Blue Crab
Festival. The fireworks will explode
over the waters of Little River. The
fireworks display is scheduled to
commence at 9:30 p.m. and conclude at
9:45 p.m. This temporary safety zone is
necessary to protect the public from the
hazards associated with the launching
of fireworks over navigable waters of the
United States.
Discussion of Rule
The safety zone encompasses certain
waters of Little River in Little River,
South Carolina. The safety zone will be
enforced from 9 p.m. until 10:30 p.m. on
May 13, 2011. The safety zone will be
enforced from 9 p.m., 30 minutes prior
to the scheduled commencement of the
fireworks display at approximately
9:30 p.m., to ensure the safety zone is
clear of persons and vessels.
Enforcement of the safety zone will
cease at 10:30 p.m., 45 minutes after the
scheduled conclusion of the fireworks
display, to account for possible delays.
Persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
safety zone unless authorized by the
Captain of the Port Charleston or a
designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the safety
zone may contact the Captain of the Port
Charleston via telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to seek
authorization. The Coast Guard will
provide notice of the safety zone by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
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.
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Executive Order 12866 and Executive
Order 13563
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, 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.
The economic impact of this rule is
not significant for the following reasons:
(1) The rule will be enforced for only
one and a half hours; (2) vessel traffic
in the area is expected to be minimal
during the enforcement period; (3)
although persons and vessels will not be
able to enter, transit through, anchor in,
or remain within the safety zone
without authorization from the Captain
of the Port Charleston or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (4) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Charleston or a designated
representative; and (5) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
community by Local Notice to Mariners
and 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 will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of Little River encompassed
within the safety zone from 9 p.m. until
10:30 p.m. on May 13, 2011. For the
reasons discussed in the Executive
Order 12866 and Executive Order 13563
section above, this rule will not have a
significant economic impact on a
substantial number of small entities.
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
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.
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.
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.
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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.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
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.
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
involves establishing a temporary safety
zone to protect the public on the waters
of Little River that will be enforced for
a total of one and a half hours. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
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.
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:
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
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.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add a temporary § 165.T07–0097 to
read as follows:
■
§ 165.T07–0097 Safety Zone; Blue Crab
Festival Fireworks Display, Little River,
Little River, SC.
(a) Regulated Area. The following
regulated area is a safety zone: All
waters of Little River encompassed
within a 100 yard radius of position
33°52′08″ N, 78°36′42″ W. All
coordinates are North American Datum.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
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Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
Captain of the Port Charleston in the
enforcement of the regulated area.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the Captain of the Port
Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to seek
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast notice to
mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 9 p.m. until 10:30 p.m. on
May 13, 2011.
through, or remaining in the safety zone
without permission of the Captain of the
Port or their designated representative.
DATES: This rule is effective June 6,
2011.
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–2009–0324 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0324 in the ‘‘Keyword’’ 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 rule, call or
e-mail Lieutenant Simone Mausz, U.S.
Coast Guard Sector San Francisco;
telephone 415–399–7443, e-mail D11PF-MarineEvents@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Dated: April 26, 2011.
Michael F. White Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
Regulatory Information
On November 6, 2009, we published
a Notice of Proposed Rulemaking
(NPRM) entitled Safety Zone; Coast
Guard Use of Force Training Exercises,
San Pablo Bay, CA in the Federal
Register (74 FR 214). We received four
comments on the proposed rule from
the San Francisco Bay Conservation and
Development Commission (BCDC),
Audubon California, Beth Huning, and
San Francisco Joint Venture. No public
meetings were requested or held as part
of this rulemaking.
[FR Doc. 2011–10929 Filed 5–4–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0324]
RIN 1625–AA00
Safety Zone; Coast Guard Use of Force
Training Exercises, San Pablo Bay, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard will
establish a safety zone in San Pablo Bay
for Coast Guard Use of Force Training
exercises. This safety zone will be
established to ensure the safety of the
public and participating crews from
potential hazards associated with fastmoving Coast Guard small boats and/or
helicopters taking part in the exercise.
Unauthorized persons or vessels will be
prohibited from entering into, transiting
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SUMMARY:
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Basis and Purpose
The U.S. Coast Guard will establish a
safety zone in the navigable waters of
the San Pablo Bay, California that will
apply to the navigable waters
encompassing an area beginning at
position 38°01′44″ N, 122°27′06″ W;
38°04′36″ N, 122°22′06″ W; 38°00′35″ N,
122°26′07″ W; 38°03′00″ N, 122°20′20″
W (NAD 83) and back to the starting
point. U.S. Coast Guard Maritime Safety
and Security Team (MSST) San
Francisco, U.S. Coast Guard Air Station
San Francisco, and various Coast Guard
small boat stations will be conducting
Use of Force training runs in the waters
of San Pablo Bay. The exercises are
designed to train and test Coast Guard
personnel in the decision-making
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processes necessary to safely and
effectively employ Use of Force from a
small boat or helicopter during
Homeland Security operations. The
training will generally involve the use of
several Coast Guard small boats and/or
a helicopter to intercept fast-moving,
evasive target vessels on the water. The
small boat and helicopter crews will fire
weapons at the target vessels using
blank ammunition and catch bags to
ensure that cartridges and other debris
do not fall to the water. This safety zone
is issued to establish a restricted area in
San Pablo Bay around the training site.
Background
The CG’s primary missions include
homeland security, search and rescue,
and drug and environmental
enforcement, and it is in the public
interest for CG personnel to be trained
and ready to serve the public at all
times. Among the homeland security
missions is port security training to
develop the tactical qualifications and
expertise necessary to fulfill this
mission requirement. The small boats
that conduct port security operations
throughout San Francisco Bay are
unable to conduct such training offshore
due to conditions that often exceed the
assets’ operational parameters, frequent
visibility restrictions, and unsuitability
for the offshore environment. The San
Pablo Bay safety zone provides an ideal
location for the Coast Guard to conduct
Use of Force training since it is at least
1.5 miles away from shore as well as a
safe distance from shipping lanes,
wildlife refuges, water trails and access
points.
Discussion of Comments and Changes
The CG conducted Use of Force
training at this very same location in
San Pablo Bay on average twice a month
in 2009. The training went on as
planned, without incidents or
interference with public access, except
for one occasion where the CG
rescheduled one of its training sessions
to avoid potential interference with a
San Francisco Flyway Festival birdwatching group.
On July 29, 2009, the CG sent an
email to various potentially interested
parties including BCDC informing those
parties of our intention to prepare a
Notice of Proposed Rulemaking and a
Categorical Exclusion Determination
under NEPA for the establishment of a
safety zone for Use of Force training in
San Pablo Bay. In January 2010, in a
letter to the CG, the San Francisco Bay
Conservation and Development
Commission raised concerns about the
possible ‘‘effect on both motorized and
non-motorized recreational boat traffic,
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]]>Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Rules and Regulations]
[Pages 25545-25548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10929]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0097]
RIN 1625-AA00
Safety Zone; Blue Crab Festival Fireworks Display, Little River,
Little River, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Little River in Little River, South Carolina during the Blue
Crab Festival Fireworks Display on Friday,
[[Page 25546]]
May 13, 2011. The safety zone is necessary to protect the public from
the hazards associated with launching fireworks over the navigable
waters of the United States. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from 9 p.m. until 10:30 p.m. on May 13,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0097 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0097 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 final rule, call or e-mail Lieutenant Julie Blanchfield,
Sector Charleston Waterways Management Division, Coast Guard; telephone
843-740-3184, e-mail Julie.E.Blanchfield@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 the Coast Guard did not receive
notice of the Blue Crab Festival Fireworks Display with sufficient time
to publish an NPRM and to receive public comments prior to the event.
Any delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize the
potential danger to the public during the fireworks display.
For the same reason discussed above, 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. The Coast
Guard will issue a Local Notice to Mariners and Broadcast Notice to
Mariners to advise mariners of the restriction.
Background and Purpose
On May 13, 2011, The Little River Blue Crab Festival Inc., in
partnership with Zambelli Fireworks Manufacturing Co., will be
conducting a fireworks display in Little River, South Carolina as part
of the 30th Annual Blue Crab Festival. The fireworks will explode over
the waters of Little River. The fireworks display is scheduled to
commence at 9:30 p.m. and conclude at 9:45 p.m. This temporary safety
zone is necessary to protect the public from the hazards associated
with the launching of fireworks over navigable waters of the United
States.
Discussion of Rule
The safety zone encompasses certain waters of Little River in
Little River, South Carolina. The safety zone will be enforced from 9
p.m. until 10:30 p.m. on May 13, 2011. The safety zone will be enforced
from 9 p.m., 30 minutes prior to the scheduled commencement of the
fireworks display at approximately 9:30 p.m., to ensure the safety zone
is clear of persons and vessels. Enforcement of the safety zone will
cease at 10:30 p.m., 45 minutes after the scheduled conclusion of the
fireworks display, to account for possible delays.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Charleston or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the safety zone may contact the Captain of
the Port Charleston via telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16, to seek authorization. The
Coast Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
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.
Executive Order 12866 and Executive Order 13563
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, 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.
The economic impact of this rule is not significant for the
following reasons: (1) The rule will be enforced for only one and a
half hours; (2) vessel traffic in the area is expected to be minimal
during the enforcement period; (3) although persons and vessels will
not be able to enter, transit through, anchor in, or remain within the
safety zone without authorization from the Captain of the Port
Charleston or a designated representative, they may operate in the
surrounding area during the enforcement period; (4) persons and vessels
may still enter, transit through, anchor in, or remain within the
safety zone if authorized by the Captain of the Port Charleston or a
designated representative; and (5) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and 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 will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of
Little River encompassed within the safety zone from 9 p.m. until 10:30
p.m. on May 13, 2011. For the reasons discussed in the Executive Order
12866 and Executive Order 13563 section above, this rule will not have
a significant economic impact on a substantial number of small
entities.
[[Page 25547]]
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 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 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 involves establishing a
temporary safety zone to protect the public on the waters of Little
River that will be enforced for a total of one and a half hours. 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, 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. Add a temporary Sec. 165.T07-0097 to read as follows:
Sec. 165.T07-0097 Safety Zone; Blue Crab Festival Fireworks Display,
Little River, Little River, SC.
(a) Regulated Area. The following regulated area is a safety zone:
All waters of Little River encompassed within a 100 yard radius of
position 33[deg]52'08'' N, 78[deg]36'42'' W. All coordinates are North
American Datum.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
[[Page 25548]]
Captain of the Port Charleston in the enforcement of the regulated
area.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Charleston or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at 843-740-7050, or a designated
representative via VHF radio on channel 16, to seek authorization. If
authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast notice to mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is effective from 9 p.m. until 10:30
p.m. on May 13, 2011.
Dated: April 26, 2011.
Michael F. White Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-10929 Filed 5-4-11; 8:45 am]
BILLING CODE 9110-04-P
