Safety Zone, Temporary Change for Recurring Fireworks Display Within the Fifth Coast Guard District, Pamlico River and Tar River; Washington, NC, 31183-31186 [2012-12727]

Download as PDF Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations 1992, and IA was tasked with making short supply determinations under these regulations. IA has determined to withdraw these regulations because they are obsolete, as the associated import restraints have not affected U.S. trade for over 19 years. Classification Executive Order 12866 It has been determined that this final rule is not significant for purposes of Executive Order 12866. Paperwork Reduction Act of 1995 This final rule contains no new collection of information subject to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. Executive Order 13132 This final rule does not contain policies with federalism implications as that term is defined in section 1(a) of Executive Order 13132, dated August 4, 1999 (64 FR 43255) (August 10, 1999). wreier-aviles on DSK5TPTVN1PROD with RULES Environmental Impact ITA has determined pursuant to 21 CFR 25.30 that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. Regulatory Flexibility Act Under the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 601 et seq.), whenever a Federal agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare, and make available for public comment, a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. The Department of Commerce Chief Counsel for Regulation certified at the proposed rule stage that this rule will have no impact on small entities. This rule simply makes a technical correction by withdrawing obsolete regulations. No comments were received VerDate Mar<15>2010 14:21 May 24, 2012 Jkt 226001 on that certification. Accordingly, no Regulatory Flexibility Analysis is required and none has been prepared. List of Subjects 15 CFR Part 336 Imports, Quotas, Reporting and recordkeeping, Tariffs, Textiles. 19 CFR Part 357 Imports, Reporting and recordkeeping requirements, Steel. PART 336—IMPORTS OF COTTON WOVEN FABRIC Accordingly, under the authority given pursuant to the Tax Relief and Health Care Act of 2006, at Division C, Title IV, Section 406(a)(1) (Pub. L. 109– 432) (2006) (titled ‘‘Temporary Duty Reductions for Certain Cotton Shirting Fabric’’ and listing 12/31/2009 as the end date for the tariff rate quota), ITA amends 15 CFR chapter III by removing part 336. ■ PART 357—SHORT SUPPLY PROCEDURES Accordingly, under the authority given by Section 4(b) of the Steel Trade Liberalization Program Implementation Act (Pub. L. 101–221), which by its terms was limited to imports through March 31, 1992, ITA amends 19 CFR chapter III by removing part 357. ■ Dated: May 21, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–12791 Filed 5–24–12; 8:45 am] BILLING CODE 3510–DS–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. Temporary final rule. AGENCY: ACTION: The Coast Guard is temporarily changing 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 SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 31183 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: This rule will be effective from June 8, 2012 until July 5, 2012 and enforced on June 8, 2012 and July 4, 2012 from 7:30 p.m. to 10:30 p.m. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2012–0097 and are available online by going to https:// www.regulations.gov, inserting USCG– 2012–0097 in the ‘‘Search’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M– 30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this 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: Regulatory Information On March 13, 2012, we published a notice of proposed rulemaking (NPRM) entitled Safety Zone, Temporary Change for Recurring Fireworks Display within the Fifth Coast Guard District, Pamlico River and Tar River; Washington, NC in the Federal Register (77 FR 14703). We received no comments on the proposed rule. No public meeting was requested, and none was held. 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. Given the timing of the event, it would be impracticable to allow 30 days after publication before enforcing this safety zone. Background and Purpose Fireworks display events are frequently held on or adjacent to navigable waters within the boundary of E:\FR\FM\25MYR1.SGM 25MYR1 31184 Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES 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. This regulation applies to only the fireworks events listed in the Table to § 165.506, section (d)7. 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 10:30 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. 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. 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 the event to enhance the safety of participants, spectators and transiting vessels. 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 VerDate Mar<15>2010 14:21 May 24, 2012 Jkt 226001 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. Although this 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 10:30 p.m. on June 08, 2012 and July 4, 2012; (ii) the Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly; (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 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 or operators of vessels intending to transit the specified portion of Pamlico River and Tar River from 7:30 p.m. to 10:30 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 rule will only be in effect for three hours each day from 7:30 p.m. to 10:30 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the rule so that they could 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 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 (adjusted for inflation) 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 cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. E:\FR\FM\25MYR1.SGM 25MYR1 31185 Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. 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. Technical Standards 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. 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. 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 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. At § 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, 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, which will be enforced from 7:30 p.m. to 10:30 p.m. on June 8, 2012 and from 7:30 p.m. to 10:30 p.m. on July 4, 2012, to read as follows: ■ Environment Energy Effects protect the public from fireworks fallout. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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 this instruction. This rule establishes a temporary safety zone to § 165.506–T05–0097 Safety Zones; Fifth Coast Guard District Fireworks Displays. * * * * * TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983] No. Date * * wreier-aviles on DSK5TPTVN1PROD with RULES 14 ......... Location * * * * (d.) Coast Guard Sector North Carolina—COTP Zone * June 8, 2012, July 4, 2012 ....... VerDate Mar<15>2010 14:21 May 24, 2012 Regulated area Jkt 226001 * * * * * * * Pamlico River and Tar River, All waters of Pamlico River and Tar River within a 300 yard raWashington, NC, Safety Zone. dius of latitude 35°32′25″ N, longitude 077°03′42″ W, a position located on the southwest shore of the Pamlico River, Washington, NC. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 31186 * * Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations * * have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. * Dated: May 5, 2012. Anthony Popiel, Captain, U.S. Coast Guard, Captain of the Port North Carolina. SUPPLEMENTARY INFORMATION: [FR Doc. 2012–12727 Filed 5–24–12; 8:45 am] Table of Acronyms BILLING CODE 9110–04–P DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking DEPARTMENT OF HOMELAND SECURITY A. Regulatory Information Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0333] RIN 1625–AA87 Security Zone; USS MISSISSIPPI Commissioning; Pascagoula Harbor & Pascagoula River; Pascagoula, MS Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary security zone for the arrival, commissioning, and departure of the USS MISSISSIPPI. This security zone is necessary to protect persons, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during the arrival, commissioning, and departure of the USS MISSISSIPPI. Entry into this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative. SUMMARY: This rule is effective from May 23, 2012 to June 8, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2012–0333. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email LT Lenell J. Carson, Sector Mobile, Waterways Division, U.S. Coast Guard; telephone 251–441–5940, email Lenell.J.Carson@uscg.mil. If you wreier-aviles on DSK5TPTVN1PROD with RULES DATES: VerDate Mar<15>2010 14:21 May 24, 2012 Jkt 226001 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 there is insufficient time to publish a NPRM. Following a planning meeting on March 29, 2012 between the U.S Navy, U.S Coast Guard, local agencies, and port stakeholders, the Coast Guard determined that a temporary security zone is necessary during the arrival, commissioning ceremony (to be held on June 2, 2012), and departure of the USS MISSISSIPPI. Publishing a NPRM and delaying this rule’s effective date would be impracticable because it would unnecessarily delay the USS MISSISSIPPI’s schedule and commitments. Delaying or foregoing this necessary security zone would also be contrary to public interest. This is a scheduled public event surrounding the commissioning of a U.S. Naval vessel and immediate action is necessary to implement additional security measure to protect persons, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature. For the same reasons, 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 because immediate action is needed to protect persons, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during the arrival, commissioning, and departure of the USS MISSISSIPPI. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 B. Basis and Purpose The USS MISSISSIPPI will be commissioned at the Port of Pascagoula, Pascagoula, MS on June 2, 2012. Scheduled events surround the commissioning ceremony will draw large crowds in or near the port. Additional security measures are necessary to protect persons, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during the arrival, commissioning, and departure of the USS MISSISSIPPI. The COTP anticipates some impact on vessel traffic due to this regulation. However, this security zone is deemed necessary for the protection of life and property within the COTP Mobile zone. C. Discussion of the Final Rule The Coast Guard is establishing a temporary security zone for the arrival, commissioning, and departure of the USS MISSISSIPPI. While the USS MISSISSIPPI is underway in the Pascagoula Harbor shoreward of the Horn Island Pass Lighted Buoy HI (RW ‘‘HI’’ Mo (A); Position 30–08–30.049 N, 088–38–40.125 W), the temporary security zone includes all waters within 100 yards of the USS MISSISSIPPI. When the USS MISSISSIPPI is moored in the Port of Pascagoula, the temporary security zone includes all waters within 25 yards of the USS MISSISSIPPI. Entry into these zones is prohibited to all vessels, mariners, and persons unless specifically authorized by the COTP Mobile or a designated representative. The COTP may be contacted by telephone at 251–441–5976. The COTP Mobile or a designated representative will inform the public through broadcast notice to mariners of changes in the effective period for the security zone. This rule is effective from May 23, 2012 to June 8, 2012. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 E:\FR\FM\25MYR1.SGM 25MYR1

Agencies

[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31183-31186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12727]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing 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: This rule will be effective from June 8, 2012 until July 5, 2012 
and enforced on June 8, 2012 and July 4, 2012 from 7:30 p.m. to 10:30 
p.m.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2012-0097 and are available online by going to 
https://www.regulations.gov, inserting USCG-2012-0097 in the ``Search'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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: 

Regulatory Information

    On March 13, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone, Temporary Change for Recurring Fireworks 
Display within the Fifth Coast Guard District, Pamlico River and Tar 
River; Washington, NC in the Federal Register (77 FR 14703). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    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. Given the timing of the event, it 
would be impracticable to allow 30 days after publication before 
enforcing this safety zone.

Background and Purpose

    Fireworks display events are frequently held on or adjacent to 
navigable waters within the boundary of

[[Page 31184]]

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. This regulation 
applies to only the fireworks events listed in the Table to Sec.  
165.506, section (d)7.
    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 10:30 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.
    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. 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 the event to enhance the safety of participants, 
spectators and transiting vessels.

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.
    Although this 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 10:30 p.m. on June 08, 
2012 and July 4, 2012; (ii) the Coast Guard will give advance 
notification via maritime advisories so mariners can adjust their plans 
accordingly; (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 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 or operators of vessels intending to 
transit the specified portion of Pamlico River and Tar River from 7:30 
p.m. to 10:30 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 
rule will only be in effect for three hours each day from 7:30 p.m. to 
10:30 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), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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

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 
(adjusted for inflation) 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 cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 31185]]

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 this instruction. This rule establishes a temporary safety 
zone to protect the public from fireworks fallout. 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, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. At Sec.  165.506, in the Table to Sec.  165.506, make the following 
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend 
entry 7, from June 7, 2012 through June 9, 2012, and from July 3, 2012 
through July 8, 2012.
0
b. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add 
entry 14, which will be enforced from 7:30 p.m. to 10:30 p.m. on June 
8, 2012 and from 7:30 p.m. to 10:30 p.m. on July 4, 2012, to read as 
follows:


Sec.  165.506-T05-0097  Safety Zones; Fifth Coast Guard District 
Fireworks Displays.

* * * * *

                         Table to Sec.   165.506
 [All coordinates listed in the Table to Sec.   165.506 reference Datum
                                NAD 1983]
------------------------------------------------------------------------
     No.             Date            Location          Regulated area
------------------------------------------------------------------------
 
                              * * * * * * *
            (d.) Coast Guard Sector North Carolina--COTP Zone
------------------------------------------------------------------------
 
                              * * * * * * *
14..........  June 8, 2012,      Pamlico River     All waters of Pamlico
               July 4, 2012.      and Tar River,    River and Tar River
                                  Washington, NC,   within a 300 yard
                                  Safety Zone.      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.
------------------------------------------------------------------------


[[Page 31186]]

* * * * *

    Dated: May 5, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-12727 Filed 5-24-12; 8:45 am]
BILLING CODE 9110-04-P
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