Safety Zone; Temporary Change to Enforcement Location of Recurring Fireworks Display Event, Currituck Sound; Corolla, NC, 31843-31846 [2011-13646]

Download as PDF jlentini on DSK4TPTVN1PROD with RULES Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations fireworks launch site located on a barge in position 44°46′12″ N, 085°37′06″ W [DATUM: NAD 83]. (ii) Enforcement Period. Each year on the second Saturday of July from 9 p.m. until 11 p.m. (17) Charlevoix Venetian Festival Friday Night Fireworks; Charlevoix, MI: (i) Location. All U.S. navigable waters of Lake Charlevoix, in the vicinity of Depot Beach, within the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in position 45°19′08″ N, 085°14′18″ W [DATUM: NAD 83]. (ii) Enforcement Period. Each year on Friday of the fourth weekend of July from 9 p.m. until 11 p.m. (18) Charlevoix Venetian Festival Saturday Night Fireworks; Charlevoix, MI: (i) Location. All U.S. navigable waters of Round Lake within the arc of a circle with a 300- foot radius from the fireworks launch site located on a barge in position 45°19′03″ N, 085°15′18″ W [DATUM: NAD 83]. (ii) Enforcement Period. Each year on Saturday of the fourth weekend of July from 9 p.m. until 11 p.m. (19) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI: (i) Location. All U.S. navigable waters of Grand Traverse Bay, in the vicinity of Edward G. Grace Memorial Park, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°53′58″ N, 085°25′04″ W [DATUM: NAD 83]. (ii) Enforcement Period. Each year on the first Saturday of August from 9 p.m. until 11 p.m. (20) Alpena Fourth of July Celebration Fireworks, Alpena, MI: (i) Location. All U.S. navigable waters of Lake Huron within an 800-foot radius of the fireworks launch site located near the end of Mason Street, South of State Avenue, at position 45°02′42″ N, 083°26′48″ W (NAD 83). (ii) Enforcement Period. This safety zone will be enforced each year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are cancelled due to inclement weather, then this section will be enforced July 5 from 9 p.m. until 11 p.m. (b) Definitions. The following definitions apply to this section: Designated representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Sault Sainte Marie to monitor these safety zones, permit entry into these safety zones, give legally enforceable orders to persons or vessels within these safety zones, or take other actions authorized by the Captain of the Port Sault Sainte Marie. VerDate Mar<15>2010 16:10 Jun 01, 2011 Jkt 223001 Public vessel means a vessel owned, chartered, or operated by the United States or by a State or political subdivision thereof. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within any of the safety zones listed in this section is prohibited unless authorized by the Captain of the Port Sault Sainte Marie, or a designated representative. (2) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Sault Sainte Marie or a designated representative. Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (3) When a safety zone established by this section is being enforced, all vessels must obtain permission from the Captain of the Port Sault Sainte Marie or a designated representative to enter, move within, or exit that safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port Sault Sainte Marie or a designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. (d) Suspension of Enforcement. If the event concludes earlier than scheduled, the Captain of the Port Sault Sainte Marie or a designated representative will issue a Broadcast Notice to Mariners notifying the public that enforcement of the respective safety zone is suspended. (e) Exemption. Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section. (f) Waiver. For any vessel, the Captain of the Port Sault Sainte Marie or a designated representative may, at his or her discretion, waive any of the requirements of this section, upon finding that circumstances are such that application of this section is unnecessary or impractical for the purposes of safety or environmental safety. Dated: May 17, 2011. G.J. Paitl, Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Sault Sainte Marie. [FR Doc. 2011–13438 Filed 6–1–11; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 31843 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 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 § 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 § 165.506, Table to § 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: SUMMARY: E:\FR\FM\02JNR1.SGM 02JNR1 31844 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 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. jlentini on DSK4TPTVN1PROD with RULES 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 § 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 § 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 VerDate Mar<15>2010 16:10 Jun 01, 2011 Jkt 223001 at latitude 36°22′23.8″ N, longitude 075°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 § 165.506, at Portion ‘‘d’’ event Number ‘‘5’’, and will insert this new temporary regulation at Table to § 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 § 165.506 or other provisions in § 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°22′23.8″ N, longitude 075°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 § 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. PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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 § 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 E:\FR\FM\02JNR1.SGM 02JNR1 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 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. Taking of Private Property 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. jlentini on DSK4TPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:10 Jun 01, 2011 Jkt 223001 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. 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 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 31845 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 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. 2. Amend § 165.506 as follows: a. From 5:30 p.m. on July 4, 2011 through 1 a.m. on July 5, 2011 in the Table to § 165.506, suspend entry (d)5. ■ b. From 5:30 p.m. on July 4, 2011 through 1 a.m. on July 5, 2011, in the Table to § 165.506, add entry (d)14 to read as follows: ■ ■ § 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays. * E:\FR\FM\02JNR1.SGM * * 02JNR1 * * 31846 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations Number Date * * 14 ............ Location * * * * (d) Coast Guard Sector North Carolina—COTP Zone * July 4, 2011 ............. * * Currituck Sound, Corolla, NC, Safety Zone ..... Dated: May 10, 2011. A. Popiel, Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0167] RIN 1625–AA00 Safety Zone; 28th Annual Humboldt Bay Festival, Fireworks Display, Eureka, CA Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone in support of the 28th Annual Humboldt Bay Festival Fireworks Display on the specified waters off the South end of Woodley Island in Eureka, California. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or her designated representative. DATES: This rule is effective from 11:45 a.m. on July 3, 2011 until 10:45 p.m. on July 4, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0167 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0167 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, jlentini on DSK4TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:10 Jun 01, 2011 Jkt 223001 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) because it would be impracticable to delay this rule because the event would occur before the rulemaking process would be completed. Because of the dangers posed by the pyrotechnics used in these fireworks displays, the immediate action is necessary to provide for the safety of event participants, spectators, 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. 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. Any delay in the effective date of this rule would expose mariners to the dangers posed by the pyrotechnics used in the fireworks display. Basis and Purpose The City of Eureka will sponsor the 28th Annual Humboldt Bay Festival Fireworks Display. The fireworks display is for entertainment purposes. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 * * * * * All waters of the Currituck Sound within a 300 yard radius of the fireworks launch site in approximate position latitude 36°22′23.8″ N, longitude 075°49′56.3″ W, located near Whale Head Bay. 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 ENS Liz Ellerson at (415) 399– 7443, or e-mail D11–PF– 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: [FR Doc. 2011–13646 Filed 6–1–11; 8:45 am] ACTION: Regulated area This safety zone establishes a temporary restricted area on the waters 100 feet surrounding the fireworks loading, transit and launch sites, and extends the safety zone to 1,000 feet of the launch site during the fireworks display. This safety zone is necessary to protect spectators, vessels, and other property from the hazards associated with pyrotechnics on the fireworks barges. The Coast Guard has granted the event sponsor a marine event permit for the fireworks displays. Discussion of Rule The City of Eureka will sponsor the 28th Annual Humboldt Bay Festival Fireworks Display from 11:45 a.m. on July 3, 2011 until 10:45 p.m. on July 4, 2011, on the navigable waters of Humboldt Bay located 200 yards off the South end of Woodley Island in Eureka, California. From 12 p.m. until 8 p.m. on July 3, 2011, pyrotechnics will be loaded onto a barge at Schneider Pier. From 3 p.m. until 4 p.m. on July 4, 2011 the loaded barge will be transiting from Schneider Dock to the launch site located at position 40°48′35.30″ N, 124°09′56.47″ W (NAD 83). The temporary safety zone will extend 100 feet from the nearest point of the barge during the loading, transit, and arrival of the pyrotechnics from Schneider Pier to position 40°48′35.30″ N, 124°09′56.47″ W (NAD 83). The fireworks display will occur from 10 p.m. on July 4, 2011 until 10:25 p.m., during which the safety zone will extend 1,000 feet from the nearest point of the barge at position 40°48′35.30″ N, 124°09′56.47″ W (NAD 83). At 11 p.m. on July 4, 2011 the safety zone shall terminate. The effect of the temporary safety zones will be to restrict navigation in the vicinity of the fireworks sites while the fireworks are set up, and until the conclusion of the scheduled displays. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the restricted area. These regulations are needed to keep spectators and vessels a safe distance away from the fireworks barges to ensure the safety of E:\FR\FM\02JNR1.SGM 02JNR1

Agencies

[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]]



----------------------------------------------------------------------------------------------------------------
             Number                      Date                  Location                   Regulated area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                (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.
----------------------------------------------------------------------------------------------------------------


    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