Safety Zone, Pantego Creek; Belhaven, NC, 37267-37269 [2011-15972]

Download as PDF Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations jlentini on DSK4TPTVN1PROD with RULES West Yellowstone, MT, Yellowstone, NDB RWY 1, Amdt 4 Oak Island, NC, Cape Fear Rgnl Jetport/ Howie Franklin Fld, RNAV (GPS) RWY 5, Amdt 1B Millville, NJ, Millville Muni, RNAV (GPS) RWY 10, Orig Monongahela, PA, Rostraver, Takeoff Minimums and Obstacle DP, Amdt 1A Effective 25 AUG 2011 Unalakleet, AK, Unalakleet, RNAV (GPS) Y RWY 33, Orig-A Unalakleet, AK, Unalakleet, RNAV (GPS) Z RWY 33, Orig Riverside/Rubidoux, CA, Flabob, RNAV (GPS)-A, Orig Colorado Springs, CO, City of Colorado Springs Muni, RNAV (RNP) Z RWY 35L, Orig-A Destin, FL, Destin-Fort Walton Beach, RNAV (GPS) RWY 14, Amdt 1 Destin, FL, Destin-Fort Walton Beach, RNAV (GPS) RWY 32, Amdt 1 Homestead, FL, Homestead General Aviation, RNAV (GPS) RWY 10, Orig Homestead, FL, Homestead General Aviation, Takeoff Minimums and Obstacle DP, Orig Cedartown, GA, Polk County Arpt-Cornelius Moore Field, RNAV (GPS) RWY 10, Orig Cedartown, GA, Polk County Arpt-Cornelius Moore Field, RNAV (GPS) RWY 28, Orig Cedartown, GA, Polk County Arpt-Cornelius Moore Field, Takeoff Minimums and Obstacle DP, Amdt 1 Cedartown, GA, Polk County Arpt-Cornelius Moore Field, VOR–A, Amdt 13 Cedartown, GA, Polk County Arpt-Cornelius Moore Field, VOR/DME RNAV OR GPS RWY 9, Amdt 2B, CANCELLED Cedartown, GA, Polk County Arpt-Cornelius Moore Field, VOR/DME RNAV OR GPS RWY 27, Amdt 2A, CANCELLED Macon, GA, Middle Georgia Rgnl, RNAV (GPS) RWY 13, Amdt 1 Baltimore, MD, Martin State, LOC RWY 15, Amdt 3 Baltimore, MD, Martin State, RNAV (GPS) RWY 15, Amdt 1 Great Falls, MT, Great Falls Intl, GPS RWY 21, Orig-A, CANCELLED Great Falls, MT, Great Falls Intl, ILS OR LOC/DME RWY 3, ILS RWY 3 (SA CAT I), ILS RWY 3 (CAT II), ILS RWY 3 (CAT III), Amdt 5 Great Falls, MT, Great Falls Intl, RNAV (GPS) Y RWY 3, Amdt 3 Great Falls, MT, Great Falls Intl, RNAV (GPS) Y RWY 21, Orig Great Falls, MT, Great Falls Intl, RNAV (RNP) Z RWY 3, Orig Great Falls, MT, Great Falls Intl, RNAV (RNP) Z RWY 21, Orig Maxton, NC, Laurinburg-Maxton, ILS OR LOC RWY 5, Amdt 2 Maxton, NC, Laurinburg-Maxton, RNAV (GPS) RWY 5, Amdt 1 Maxton, NC, Laurinburg-Maxton, RNAV (GPS) RWY 23, Amdt 1 Somerville, NJ, Somerset, RNAV (GPS) RWY 12, Orig-A Fremont, OH, Sandusky County Rgnl, GPS RWY 6, Orig-B, CANCELLED Fremont, OH, Sandusky County Rgnl, GPS RWY 24, Orig-B, CANCELLED Fremont, OH, Sandusky County Rgnl, RNAV (GPS) RWY 6, Orig VerDate Mar<15>2010 16:08 Jun 24, 2011 Jkt 223001 Fremont, OH, Sandusky County Rgnl, RNAV (GPS) RWY 24, Orig Fremont, OH, Sandusky County Rgnl, Takeoff Minimums and Obstacle DP, Orig Fremont, OH, Sandusky County Rgnl, VOR/ DME RWY 24, Amdt 1 Galion, OH, Galion Muni, Takeoff Minimums and Obstacle DP, Orig Charleston, SC, Charleston AFB/Intl, ILS OR LOC RWY 15, ILS RWY 15 (CAT II), Amdt 23 Charleston, SC, Charleston AFB/Intl, ILS OR LOC/DME RWY 33, Amdt 8 Charleston, SC, Charleston AFB/Intl, RNAV (GPS) Y RWY 3, Amdt 2 Charleston, SC, Charleston AFB/Intl, RNAV (GPS) Y RWY 15, Amdt 3 Charleston, SC, Charleston AFB/Intl, RNAV (GPS) Y RWY 21, Amdt 2 Charleston, SC, Charleston AFB/Intl, RNAV (GPS) Y RWY 33, Amdt 3 Charleston, SC, Charleston Executive, RNAV (GPS) RWY 9, Amdt 3 Charleston, SC, Charleston Executive, RNAV (GPS) RWY 27, Amdt 2 Crosbyton, TX, Crosbyton Muni, Takeoff Minimums and Obstacle DP, Orig Houston, TX, Lone Star Executive, ILS OR LOC RWY 14, Amdt 2C Sulphur Springs, TX, Sulphur Springs Muni, Takeoff Minumims and Obstabcle DP, Amdt 1 West Point, VA, Middle Peninsula Rgnl, RNAV (GPS) RWY 28, Orig Snohomish, WA, Harvey Field, Takeoff Minimums and Obstacle DP, Amdt 1 La Crosse, WI, La Crosse Muni, Takeoff Minimums and Obstacle DP, Amdt 6 [FR Doc. 2011–15398 Filed 6–24–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0473] RIN 1625–AA00 Safety Zone, Pantego Creek; Belhaven, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Pantego Creek, Belhaven, NC. This action is necessary to protect the life and property of the maritime public from the hazards posed by fireworks displays. This zone is intended to restrict vessels from a portion of the Pantego Creek during the Belhaven Fourth of July Fireworks. DATES: This rule is effective from 8 p.m. to 10 p.m. on July 4, 2011. ADDRESSES: Documents indicated in this preamble as being available in the SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 37267 docket are part of docket USCG–2011– 0473 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0473 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, Sector North Carolina Waterways Management, 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: 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 necessary information regarding the date for this fireworks event was not provided to the Coast Guard with sufficient time to publish an NPRM. The potential dangers associated with a fireworks display, including accidental discharge of fireworks, dangerous projectiles and falling hot embers 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. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for E:\FR\FM\27JNR1.SGM 27JNR1 37268 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations making this rule effective less than 30 days after publication in the Federal Register. The potential dangers posed by fireworks displays conducted in close proximity to transiting vessels makes a safety zone necessary. Delaying the effective date 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. However, the Coast Guard will provide advance notifications to users of the effected waterways via marine information broadcasts, local notice to mariners, along with sponsor event notifications using commercial radio stations and area newspapers. jlentini on DSK4TPTVN1PROD with RULES Background and Purpose On July 4, 2011, fireworks will be launched from a point on land near the Pantego Creek to commemorate the Nation’s birthday. The temporary safety zone created by this rule is necessary to ensure the safety of vessels and spectators from hazards associated with the fireworks display. Such hazards include obstructions to the waterway that may cause death, serious bodily harm, or property damage. Establishing a safety zone to control vessel movement around the location of the launch area will help ensure the safety of persons and property in the vicinity of this event and help minimize the associated risks. Discussion of Rule A temporary safety zone is necessary to ensure the safety of spectators and vessels during the setup, loading, and launching of the Belhaven Fourth of July Fireworks Display. The fireworks display will occur from approximately 8:45 p.m. to 9:45 p.m. on July 4, 2011. The safety zone will encompass all waters on the Pantego Creek within a 600 foot radius of the launch site on land at position 35°32′35″ N, 076°37′46″ W from 8 p.m. until 10 p.m. on July 4, 2011. All geographic coordinates are North American Datum 1983 (NAD 83). The effect of this temporary safety zone will be to restrict navigation in the regulated area during the fireworks display. All persons and vessels shall comply with the instructions of the Coast guard Captain of the Port or the designated on scene patrol personnel. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Sector North Carolina or his designated representative. The Captain of the Port or his designated representative may be contacted via VHF Channel 16. VerDate Mar<15>2010 16:08 Jun 24, 2011 Jkt 223001 Notification of the temporary safety zone will be provided to the public via marine information broadcasts. 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. It is not ‘‘significant’’ under the regulatory policies and procedures of the department of Homeland Security (DHS). We conclude that this rule is not a significant regulatory action because that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone around the launch area will be relatively small and exist for only a minimal time. Thus, restrictions on vessel movement within any particular area of the Pantego Creek are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain on the Port. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in this portion of the Pantego Creek between 8:45 p.m. and 9:45 p.m. on July 4, 2011. This safety zone will not have a significant economic impact on a PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 substantial number of small entities because: (i) Vessels may transit around the event zone with permission from the Coast Guard Patrol Commander; (ii) the zone is of limited size and duration; (iii) in the event a vessel deems it necessary to transit through the zone during the enforcement period, the COTP may afford the vessel the opportunity to do so upon request. The Coast Guard will give notice to the public via a Local Notice to Mariners that the regulation is in effect in order to allow mariners to make alternate plans for transiting the affected area. 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 E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations 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. 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. jlentini on DSK4TPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:08 Jun 24, 2011 Jkt 223001 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 the establishment of a temporary 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: 37269 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: This safety zone will encompass all waters on the Pantego Creek within a 600 foot radius of the launch site on land at position 35°32′35″ N, 076°37′46″ W. All geographic coordinates are North American Datum 1983 (NAD 83). (c) Regulations. (1) The general regulations contained in § 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 from 8 p.m. to 10 p.m. on July 4, 2011 unless cancelled earlier by the Captain of the Port. Dated: June 7, 2011. A. Popiel, Captain, U.S. Coast Guard, Captain of the Port North Carolina. [FR Doc. 2011–15972 Filed 6–24–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Coast Guard 1. The authority citation for part 165 continues to read as follows: [Docket No. USCG–2011–0501] 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. Safety Zone; Charleston Sharkfest Swim, Charleston Harbor, Charleston, SC ■ 33 CFR Part 165 RIN 1625–AA00 Coast Guard, DHS. Temporary final rule. 2. Add temporary § 165.T05–0473 to read as follows: AGENCY: § 165.T05–0473 Safety Zone, Pantego Creek; Belhaven, NC SUMMARY: ■ (a) Definitions. For the purposes of this section, Captain of the Port means the Commander, Sector North Carolina. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 ACTION: The Coast Guard is establishing a temporary safety zone on the waters of Charleston Harbor, in Charleston, South Carolina during the Charleston Sharkfest Swim on Sunday, E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37267-37269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15972]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0473]
RIN 1625-AA00


Safety Zone, Pantego Creek; Belhaven, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Pantego Creek, Belhaven, NC. This action is necessary to protect the 
life and property of the maritime public from the hazards posed by 
fireworks displays. This zone is intended to restrict vessels from a 
portion of the Pantego Creek during the Belhaven Fourth of July 
Fireworks.

DATES: This rule is effective from 8 p.m. to 10 p.m. on July 4, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0473 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0473 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, Sector North 
Carolina Waterways Management, 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:

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 necessary 
information regarding the date for this fireworks event was not 
provided to the Coast Guard with sufficient time to publish an NPRM. 
The potential dangers associated with a fireworks display, including 
accidental discharge of fireworks, dangerous projectiles and falling 
hot embers 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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 37268]]

making this rule effective less than 30 days after publication in the 
Federal Register. The potential dangers posed by fireworks displays 
conducted in close proximity to transiting vessels makes a safety zone 
necessary. Delaying the effective date 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. However, the Coast Guard will provide 
advance notifications to users of the effected waterways via marine 
information broadcasts, local notice to mariners, along with sponsor 
event notifications using commercial radio stations and area 
newspapers.

Background and Purpose

    On July 4, 2011, fireworks will be launched from a point on land 
near the Pantego Creek to commemorate the Nation's birthday. The 
temporary safety zone created by this rule is necessary to ensure the 
safety of vessels and spectators from hazards associated with the 
fireworks display. Such hazards include obstructions to the waterway 
that may cause death, serious bodily harm, or property damage. 
Establishing a safety zone to control vessel movement around the 
location of the launch area will help ensure the safety of persons and 
property in the vicinity of this event and help minimize the associated 
risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading, and launching of the 
Belhaven Fourth of July Fireworks Display. The fireworks display will 
occur from approximately 8:45 p.m. to 9:45 p.m. on July 4, 2011.
    The safety zone will encompass all waters on the Pantego Creek 
within a 600 foot radius of the launch site on land at position 
35[deg]32'35'' N, 076[deg]37'46'' W from 8 p.m. until 10 p.m. on July 
4, 2011. All geographic coordinates are North American Datum 1983 (NAD 
83). The effect of this temporary safety zone will be to restrict 
navigation in the regulated area during the fireworks display.
    All persons and vessels shall comply with the instructions of the 
Coast guard Captain of the Port or the designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Sector North 
Carolina or his designated representative. The Captain of the Port or 
his designated representative may be contacted via VHF Channel 16. 
Notification of the temporary safety zone will be provided to the 
public via marine information broadcasts.

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. It is not ``significant'' under the 
regulatory policies and procedures of the department of Homeland 
Security (DHS).
    We conclude that this rule is not a significant regulatory action 
because that it will have minimal impact on the economy, will not 
interfere with other agencies, will not adversely alter the budget of 
any grant or loan recipients, and will not raise any novel legal or 
policy issues. The safety zone around the launch area will be 
relatively small and exist for only a minimal time. Thus, restrictions 
on vessel movement within any particular area of the Pantego Creek are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain on 
the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in this portion of the Pantego Creek between 8:45 
p.m. and 9:45 p.m. on July 4, 2011.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities because: (i) Vessels may transit 
around the event zone with permission from the Coast Guard Patrol 
Commander; (ii) the zone is of limited size and duration; (iii) in the 
event a vessel deems it necessary to transit through the zone during 
the enforcement period, the COTP may afford the vessel the opportunity 
to do so upon request. The Coast Guard will give notice to the public 
via a Local Notice to Mariners that the regulation is in effect in 
order to allow mariners to make alternate plans for transiting the 
affected area.

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

[[Page 37269]]

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.

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 the establishment of a 
temporary 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. Add temporary Sec.  165.T05-0473 to read as follows:


Sec.  165.T05-0473  Safety Zone, Pantego Creek; Belhaven, 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: This safety zone 
will encompass all waters on the Pantego Creek within a 600 foot radius 
of the launch site on land at position 35[deg]32'35'' N, 
076[deg]37'46'' W. All geographic coordinates are North American Datum 
1983 (NAD 83).
    (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 from 8 p.m. 
to 10 p.m. on July 4, 2011 unless cancelled earlier by the Captain of 
the Port.

    Dated: June 7, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-15972 Filed 6-24-11; 8:45 am]
BILLING CODE 9110-04-P