Safety Zone, Temporary Change for Recurring Fireworks Display Within the Fifth Coast Guard District, Pamlico River and Tar River; Washington, NC, 14703-14706 [2012-5493]
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
emcdonald on DSK29S0YB1PROD with PROPOSALS
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing temporary moving
safety zones as described in figure 2–1,
paragraph (34)(g), of the Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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Jkt 226001
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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. Add a temporary § 165.T07–0137 to
read as follows:
§ 165.T07–0137 Safety Zones; Swim
Around Charleston, Charleston, SC.
(a) Regulated Areas. The following
regulated areas are moving safety zones:
All waters within a 75 yard radius of
Swim Around Charleston participant
vessels. The Swim Around Charleston
swimming race consists of a 10 mile
course that starts at Remley’s Point on
the Wando River in approximate
position 32°48′49″ N, 79°54′27″ W,
crosses the main shipping channel of
Charleston Harbor, and finishes at the
General William B. Westmoreland
Bridge on the Ashley River in
approximate position 32°50′14″ N,
80°01′23″ W. All coordinates are North
American Datum 1983.
(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
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated areas
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 areas 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 request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated areas 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.
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14703
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 7 a.m. until 2 p.m. on
September 23, 2012.
Dated: February 2, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2012–5970 Filed 3–12–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0097]
RIN 1625–AA00
Safety Zone, Temporary Change for
Recurring Fireworks Display Within the
Fifth Coast Guard District, Pamlico
River and Tar River; Washington, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
a temporary change to the enforcement
period and location of safety zone
regulations for a recurring fireworks
display within the Fifth Coast Guard
District. This regulation applies to two
recurring fireworks display events that
take place at Washington, NC. Safety
zone regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in a portion of the Pamlico River
and Tar River near Washington, NC,
during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 12, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0097 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
SUMMARY:
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email Chief Warrant Officer
Joseph Edge, Prevention Department,
Coast Guard Sector North Carolina,
Atlantic Beach, NC; telephone 252–247–
4525, email Joseph.M.Edge@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The Coast
Guard anticipates that this proposed
rule, when final, will be effective from
June 7, 2012, until July 8, 2012, and
enforced on the specific dates provided
in the amendatory instructions in this
document.
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
emcdonald on DSK29S0YB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0097),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
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To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2012–0097’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0097’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment
(or signing the comment, if submitted
on behalf of an association, business,
labor union, etc.). You may review a
Privacy Act notice regarding our public
dockets in the January 17, 2008, issue of
the Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before March 21, 2012,
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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Background and Purpose
Fireworks display events are
frequently held on or adjacent to
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.
This regulation temporarily changes
the enforcement period and geographic
location for a safety zone for two
annually recurring fireworks events,
described at (d)(7) of the Table to
33 CFR 165.506, that are normally
scheduled to occur each year on the
second Saturday in June and on the first
Saturday after July 4th.
On June 8, 2012 and July 4, 2012, the
Town of Washington, NC will sponsor
their annual fireworks events. These
events will take place in Washington,
NC on the waters of the Pamlico River.
The regulation at 33 CFR 165.506 is
enforced annually for this event. Also,
a fleet of spectator vessels is expected to
gather near the event site to view the
fireworks. To provide for the safety of
participants, spectators, and transiting
vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area from 7:30 p.m. to 10 p.m. on
June 8, 2012 and July 4, 2012. The
regulation at 33 CFR 165.506 will be
enforced for the duration of the event.
Vessels may not enter the regulated area
unless they receive permission from the
Coast Guard Patrol Commander.
Discussion of Proposed Rule
The Coast Guard is temporarily
changing the enforcement period and
geographic location of the safety zone
for these recurring events within the
Fifth Coast Guard District. This
regulation applies to only the fireworks
events listed at (d)7 in the Table to
§ 165.506.
The Table to § 165.506, event (d)7,
establishes the enforcement date and
geographic location for the fireworks
events held in Washington, North
Carolina. This regulation temporarily
changes the enforcement location to
latitude 35°32′25″ N, longitude
077°03′42″ W. The temporary safety
zone will be enforced from 7:30 p.m. to
10:30 p.m. on June 8, 2012 and July 4,
2012, and will restrict general
navigation in the regulated area during
the event. The Town of Washington,
North Carolina, which is the sponsor for
these events, holds these events
annually. Except for participants and
vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
will be allowed to enter or remain in the
regulated area. These regulations are
needed to control vessel traffic during
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules
the event to enhance the safety of
participants, spectators and transiting
vessels.
Regulatory Analyses
We developed this proposed 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.
emcdonald on DSK29S0YB1PROD with PROPOSALS
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
Although this proposed regulation
will restrict access to the area, the effect
of this rule will not be significant
because: (i) the safety zone will only be
in effect from 7:30 p.m. to 10 p.m. on
June 8, 2012 and July 4, 2012, (ii) the
Coast Guard will give advance
notification via maritime advisories so
mariners can adjust their plans
accordingly, and (iii) although the safety
zone will apply to the section of the
Pamlico River and Tar River, vessel
traffic will be able to transit safely
around the safety zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule will affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to transit
the specified portion of Pamlico River
and Tar River from 7:30 p.m. to 10 p.m.
on June 8, 2012 and July 4, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
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the following reasons. This proposed
rule will only be in effect for three and
a half hours each day from 7:30 p.m. to
10 p.m. Although the safety zone will
apply to a section of the Pamlico River,
vessel traffic will be able to transit
safely around the safety zone. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to the users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact CWO3
Joseph Edge, Waterways Management
Division Chief, Sector North Carolina, at
(252) 247–4525. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for inflation) or
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14705
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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
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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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
Number
supporting this determination is
available in the docket where indicated
under ADDRESSES.
This proposed rule involves
implementation of regulations at 33 CFR
Part 165 that establish safety zones on
navigable waters of the United States for
fireworks events. These safety zones are
enforced for the duration of fireworks
display events. The fireworks are
launched from or immediately adjacent
to navigable waters of the United States
and may have potential for negative
impact on the safety or other interest of
waterway users and near shore activities
in the event area. The category of
activities includes fireworks launched
from barges at or near the shoreline that
generally rely on the use of navigable
waters as a safety buffer.
This proposed rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of this instruction. This rule
establishes a temporary safety zone to
protect the public from fireworks
fallout. An environmental analysis
checklist and a preliminary categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
§ 165.506 Safety Zones; Fifth Coast Guard
District Fireworks Displays.
Date
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. § 165.506, in the Table to § 165.506,
make the following amendments:
a. Under ‘‘(d) Coast Guard Sector
North Carolina-COTP Zone,’’ suspend
entry 7, which will be enforced from
June 7, 2012 through June 9, 2012, and
from July 3, 2012 through July 8, 2012.
b. Under ‘‘(d) Coast Guard Sector
North Carolina-COTP Zone,’’ add entry
14 from June 7, 2012 through July 8,
2012, which will be enforced from 7:30
p.m. to 10 p.m. on June 8, 2012 and
from 7:30 p.m. to 10 p.m. on July 4,
2012, to read as follows:
*
*
Location
*
*
*
Regulated Area
(d.) Coast Guard Sector North Carolina—COTP Zone
*
14 ........
*
*
*
*
June 8, 2012, July 4, 2012 ...........
*
*
*
Dated: February 20, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2012–5493 Filed 3–12–12; 8:45 am]
*
*
Pamlico River and Tar River, Washington,
NC, Safety Zone.
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1195
[Docket No. ATBCB–2012–0003]
BILLING CODE 9110–04–P
emcdonald on DSK29S0YB1PROD with PROPOSALS
RIN 3014–AA40
Medical Diagnostic Equipment
Accessibility Standards
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of Intent to establish
advisory committee.
AGENCY:
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*
*
All waters of Pamlico River and Tar River within a
300 yard radius of latitude 35°32′25″ N, longitude
077°03′42″ W, a position located on the southwest shore of the Pamlico River, Washington,
NC.
The Architectural and
Transportation Barriers Compliance
Board (Access Board) announces its
intent to establish an advisory
committee to advise the Board on
matters addressed in the notice of
proposed rulemaking (NPRM) published
in the February 9, 2012 edition of the
Federal Register, 77 FR 6916, on
accessibility standards for medical
diagnostic equipment and issues raised
in the public comments on the NPRM.
The Access Board requests applications
from interested organizations for
representatives to serve on the advisory
committee.
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Proposed Rules]
[Pages 14703-14706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5493]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0097]
RIN 1625-AA00
Safety Zone, Temporary Change for Recurring Fireworks Display
Within the Fifth Coast Guard District, Pamlico River and Tar River;
Washington, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing a temporary change to the
enforcement period and location of safety zone regulations for a
recurring fireworks display within the Fifth Coast Guard District. This
regulation applies to two recurring fireworks display events that take
place at Washington, NC. Safety zone regulations are necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in a portion of the
Pamlico River and Tar River near Washington, NC, during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 12, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0097 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except
[[Page 14704]]
Federal holidays. The telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Chief Warrant Officer Joseph Edge, Prevention
Department, Coast Guard Sector North Carolina, Atlantic Beach, NC;
telephone 252-247-4525, email Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: The Coast Guard anticipates that this
proposed rule, when final, will be effective from June 7, 2012, until
July 8, 2012, and enforced on the specific dates provided in the
amendatory instructions in this document.
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0097), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0097'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0097'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before March 21, 2012, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Background and Purpose
Fireworks display events are frequently held on or adjacent to
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.
This regulation temporarily changes the enforcement period and
geographic location for a safety zone for two annually recurring
fireworks events, described at (d)(7) of the Table to 33 CFR 165.506,
that are normally scheduled to occur each year on the second Saturday
in June and on the first Saturday after July 4th.
On June 8, 2012 and July 4, 2012, the Town of Washington, NC will
sponsor their annual fireworks events. These events will take place in
Washington, NC on the waters of the Pamlico River. The regulation at 33
CFR 165.506 is enforced annually for this event. Also, a fleet of
spectator vessels is expected to gather near the event site to view the
fireworks. To provide for the safety of participants, spectators, and
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the event area from 7:30 p.m. to 10 p.m. on June 8, 2012 and
July 4, 2012. The regulation at 33 CFR 165.506 will be enforced for the
duration of the event. Vessels may not enter the regulated area unless
they receive permission from the Coast Guard Patrol Commander.
Discussion of Proposed Rule
The Coast Guard is temporarily changing the enforcement period and
geographic location of the safety zone for these recurring events
within the Fifth Coast Guard District. This regulation applies to only
the fireworks events listed at (d)7 in the Table to Sec. 165.506.
The Table to Sec. 165.506, event (d)7, establishes the enforcement
date and geographic location for the fireworks events held in
Washington, North Carolina. This regulation temporarily changes the
enforcement location to latitude 35[deg]32'25'' N, longitude
077[deg]03'42'' W. The temporary safety zone will be enforced from 7:30
p.m. to 10:30 p.m. on June 8, 2012 and July 4, 2012, and will restrict
general navigation in the regulated area during the event. The Town of
Washington, North Carolina, which is the sponsor for these events,
holds these events annually. Except for participants and vessels
authorized by the Coast Guard Patrol Commander, no person or vessel
will be allowed to enter or remain in the regulated area. These
regulations are needed to control vessel traffic during
[[Page 14705]]
the event to enhance the safety of participants, spectators and
transiting vessels.
Regulatory Analyses
We developed this proposed 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
Although this proposed regulation will restrict access to the area,
the effect of this rule will not be significant because: (i) the safety
zone will only be in effect from 7:30 p.m. to 10 p.m. on June 8, 2012
and July 4, 2012, (ii) the Coast Guard will give advance notification
via maritime advisories so mariners can adjust their plans accordingly,
and (iii) although the safety zone will apply to the section of the
Pamlico River and Tar River, vessel traffic will be able to transit
safely around the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit the specified portion of Pamlico River and Tar
River from 7:30 p.m. to 10 p.m. on June 8, 2012 and July 4, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
proposed rule will only be in effect for three and a half hours each
day from 7:30 p.m. to 10 p.m. Although the safety zone will apply to a
section of the Pamlico River, vessel traffic will be able to transit
safely around the safety zone. Before the effective period, the Coast
Guard will issue maritime advisories widely available to the users of
the waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact CWO3 Joseph Edge, Waterways
Management Division Chief, Sector North Carolina, at (252) 247-4525.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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
[[Page 14706]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES.
This proposed rule involves implementation of regulations at 33 CFR
Part 165 that establish safety zones on navigable waters of the United
States for fireworks events. These safety zones are enforced for the
duration of fireworks display events. The fireworks are launched from
or immediately adjacent to navigable waters of the United States and
may have potential for negative impact on the safety or other interest
of waterway users and near shore activities in the event area. The
category of activities includes fireworks launched from barges at or
near the shoreline that generally rely on the use of navigable waters
as a safety buffer.
This proposed rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of this instruction. This rule establishes a
temporary safety zone to protect the public from fireworks fallout. An
environmental analysis checklist and a preliminary categorical
exclusion determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Sec. 165.506, in the Table to Sec. 165.506, make the following
amendments:
a. Under ``(d) Coast Guard Sector North Carolina-COTP Zone,''
suspend entry 7, which will be enforced from June 7, 2012 through June
9, 2012, and from July 3, 2012 through July 8, 2012.
b. Under ``(d) Coast Guard Sector North Carolina-COTP Zone,'' add
entry 14 from June 7, 2012 through July 8, 2012, which will be enforced
from 7:30 p.m. to 10 p.m. on June 8, 2012 and from 7:30 p.m. to 10 p.m.
on July 4, 2012, to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays.
* * * * *
----------------------------------------------------------------------------------------------------------------
Number Date Location Regulated Area
----------------------------------------------------------------------------------------------------------------
(d.) Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
14............ June 8, 2012, July 4, 2012 Pamlico River and Tar River, All waters of Pamlico River and Tar
Washington, NC, Safety Zone. River within a 300 yard radius of
latitude 35[deg]32'25'' N,
longitude 077[deg]03'42'' W, a
position located on the southwest
shore of the Pamlico River,
Washington, NC.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: February 20, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-5493 Filed 3-12-12; 8:45 am]
BILLING CODE 9110-04-P