Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC, 31493-31496 [2012-12875]

Download as PDF Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations [FR Doc. 2012–12933 Filed 5–25–12; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2012–0373] RIN 1625–AA08 RIN 1625–AA00 Eighth Coast Guard District Annual Marine Events and Safety Zones; Billy Bowlegs Pirate Festival; Santa Rosa Sound; Ft. Walton Beach, FL Coast Guard, DHS. ACTION: Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce a Special Local Regulation and a Safety Zone for the Billy Bowlegs Pirate Festival in the Santa Rosa Sound, Ft. Walton Beach, FL on June 1 and June 2, 2012. This action is necessary to safeguard participants and spectators, including all crews, vessels, and persons on navigable waters during the Billy Bowlegs Pirate Festival. During the enforcement period, entry into, transiting or anchoring in the regulated area is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative. DATES: The regulations in 33 CFR 100.801, Table 1, Table No. 99 and Sector Mobile No. 12; and 33 CFR 165.801, Table 1, Table No. 144 and Sector Mobile No. 3 will be enforced on June 1 and June 2, 2012. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email LT Lenell J. Carson, Coast Guard Sector Mobile, Waterways Division; telephone 251– 441–5940 or email Lenell.J.Carson@uscg.mil. SUMMARY: On June 1 and June 2, 2012, the Coast Guard will enforce the Special Local Regulation in 33 CFR 100.801, Table 1, Table No. 99 and Sector Mobile No. 12, and the Safety Zone in 33 CFR 165.801, Table 1, Table No. 144 and Sector Mobile No. 3 for the annual Billy Bowlegs Pirate Festival. Under the provisions of 33 CFR 100.801, all persons and vessels not registered with the sponsor as participants or official patrol vessels are erowe on DSK2VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:08 May 25, 2012 Jkt 226001 considered spectators. The ‘‘official patrol vessels’’ consist of any Coast Guard, state or local law enforcement and sponsor provided vessels assigned or approved by the Commander, Eighth Coast Guard District, to patrol the event. Spectator vessels desiring to transit the regulated area listed in § 100.801 Table 1, Table No. 99 and Sector Mobile No. 12 may do so only with prior approval of the Patrol Commander and when so directed by that officer and will be operated at a no wake speed in a manner which will not endanger participants in the event or any other craft. No spectator shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. The Patrol Commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. The Patrol Commander may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. The Patrol Commander will terminate enforcement of the special regulations at the conclusion of the event. Under the provisions of 33 CFR 165.801, entry into the safety zone listed in Table 1, Table No. 144 and Sector Mobile No. 3 is prohibited unless authorized by the Captain of the Port or a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the Captain of the Port or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or designated representative. This notice is issued under authority of 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Local Notice to Mariners and Marine Information Broadcasts. If the Captain of the Port Mobile or Patrol Commander determines that the regulated area need not be enforced for the full duration stated in this notice of enforcement, he or she may use a Broadcast Notice to Mariners to grant PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 31493 general permission to enter the regulated area. Dated: May 7, 2012. K.D. Ivery, Captain, U.S. Coast Guard, Captain of the Port Mobile, Acting. [FR Doc. 2012–12951 Filed 5–25–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0384] RIN 1625–AA00 Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing five temporary safety zones during Fourth of July Fireworks Displays on certain navigable waterways in Hilton Head Island, Mount Pleasant, Murrells Inlet, North Charleston, and North Myrtle Beach, South Carolina. These safety zones are necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the safety zones unless authorized by the Captain of the Port Charleston or a designated representative. SUMMARY: This rule is effective from 8:30 p.m. until 10:30 p.m. on July 4, 2012. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2012– 0384 and are available online by going to http://www.regulations.gov, inserting USCG–2012–0384 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email Ensign John R. Santorum, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740–3184, email DATES: E:\FR\FM\29MYR1.SGM 29MYR1 31494 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations John.R.Santorum@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Coast Guard did not receive necessary information regarding the fireworks displays until April 30, 2012. As a result, the Coast Guard did not have sufficient time to publish an NPRM and to receive public comments prior to the fireworks displays. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential danger to the public during the fireworks displays. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. The purpose of the rule is to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. erowe on DSK2VPTVN1PROD with RULES Discussion of Rule Multiple fireworks displays are planned for Fourth of July celebrations throughout the Captain of the Port Charleston Zone. The fireworks will be launched from land, piers, or barges. The fireworks will explode over navigable waters of the United States. The Coast Guard is establishing five temporary safety zones for Fourth of July Fireworks Displays on navigable waters of the United States within the Captain of the Port Charleston Zone. The five safety zones, with the specific enforcement period for each safety zone, are listed below. VerDate Mar<15>2010 14:08 May 25, 2012 Jkt 226001 1. Hilton Head Island, South Carolina. All waters within a 500 yard radius around the barge from which the fireworks will be launched, located on the Atlantic Intracoastal Waterway. This safety zone will be enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012. 2. Mount Pleasant, South Carolina. All waters within a 500 yard radius around the barge from which the fireworks will be launched, located on the Cooper River. This safety zone will be enforced from 8:30 p.m. until 9:50 p.m. on July 4, 2012. 3. Murrells Inlet, South Carolina. All waters within a 1,000 yard radius around Veterans Pier, from which the fireworks will be launched, located on the Atlantic Intracoastal Waterway. This safety zone will be enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012. 4. North Charleston, South Carolina. All waters within a 500 yard radius around the barge from which the fireworks will be launched, located on the Cooper River. This safety zone will be enforced from 8:30 p.m. until 10 p.m. on July 4, 2012. 5. North Myrtle Beach, South Carolina. All waters within a 500 yard radius around Cherry Grove Pier, from which the fireworks will be launched, located on the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 10:30 p.m. on July 4, 2012. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the safety zones unless authorized by the Captain of the Port Charleston or a designated representative. Persons and vessels desiring to enter, transit through, anchor in, or remain within any of the safety zones may contact the Captain of the Port Charleston via telephone at (843) 740–7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within any of the safety zones 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. The Coast Guard will provide notice of the safety zones by Broadcast Notice to Mariners, Marine Safety Information Bulletins, and on-scene designated representatives. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 based on 13 of these statutes or executive orders. Regulatory Planning and Review Executive Orders 13563, Improving Regulation and Regulatory Review, and 12866, Regulatory Planning and Review, direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this regulation under Executive Order 12866. The economic impact of this rule is not significant for the following reasons: (1) Each safety zone will be enforced for a maximum of 2 hours; (2) vessel traffic in the areas is expected to be minimal during the enforcement periods; (3) although persons and vessels will not be able to enter, transit through, anchor in, or remain within any of the safety zones without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding areas during the enforcement periods; (4) persons and vessels may still enter, transit through, anchor in, or remain within the safety zones if authorized by the Captain of the Port Charleston or a designated representative; and (5) the Coast Guard will provide advance notification of the safety zones to the local maritime community by Broadcast Notice to Mariners and Marine Safety Information Bulletins. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations entities, some of which may be small entities: the owners or operators of vessels intending to enter, transit through, anchor in, or remain within any of the safety zones described in this rule during the respective enforcement periods. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities. effects of this rule elsewhere in this preamble. 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. This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). erowe on DSK2VPTVN1PROD with RULES Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the VerDate Mar<15>2010 14:08 May 25, 2012 Jkt 226001 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 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 31495 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 that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves establishing five temporary safety zones that will be enforced for no more than two hours. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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.T07–0384 to read as follows: ■ § 165.T07–0384 Safety Zones; Fourth of July Fireworks Displays within the Captain of the Port Charleston Zone, SC. (a) Regulated Areas. The following regulated areas are safety zones, with the specific enforcement period for each safety zone. All coordinates are North American Datum 1983. E:\FR\FM\29MYR1.SGM 29MYR1 erowe on DSK2VPTVN1PROD with RULES 31496 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations (1) Hilton Head Island, South Carolina. All waters within a 500 yard radius around the barge from which the fireworks will be launched, located on the Atlantic Intracoastal Waterway at approximate position 32°13′57″ N, 80°45′06″ W. This safety zone will be enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012. (2) Mount Pleasant, South Carolina. All waters within a 500 yard radius around the barge from which the fireworks will be launched, located on the Cooper River at approximate position 32°47′32″ N, 79°54′33″ W. This safety zone will be enforced from 8:30 p.m. until 9:50 p.m. on July 4, 2012. (3) Murrells Inlet, South Carolina. All waters within a 1,000 yard radius around Veterans Pier, from which the fireworks will be launched, located on the Atlantic Intracoastal Waterway at approximate position 33°33′23″ N, 79°01′48″ W. This safety zone will be enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012. (4) North Charleston, SC. All waters within a 500 yard radius around the barge from which the fireworks will be launched, located on the Cooper River at approximate position 32°52′01″ N, 79°57′35″ W. This safety zone will be enforced from 8:30 p.m. until 10 p.m. on July 4, 2012. (5) North Myrtle Beach, South Carolina. All waters within a 500 yard radius around Cherry Grove Pier, from which the fireworks will be launched, located on the Atlantic Ocean at approximate position 33°49′38″ N, 78°37′54″ W. This safety zone will be enforced from 9 p.m. until 10:30 p.m. on July 4, 2012. (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 VerDate Mar<15>2010 14:08 May 25, 2012 Jkt 226001 the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated areas by Broadcast Notice to Mariners, Marine Safety Information Bulletins, and onscene designated representatives. (d) Effective Date. This rule is effective from 8:30 p.m. until 10:30 p.m. on July 4, 2012. Dated: May 14, 2012. M.F. White, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2012–12875 Filed 5–25–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2011–0879; EPA–R01– OAR–2012–0076; FRL–9675.9] Approval and Promulgation of Air Quality Implementation Plans; Massachusetts and New Hampshire; Determination of Attainment of the One-Hour and 1997 Eight-Hour Ozone Standards for Eastern Massachusetts Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The EPA is making three separate and independent determinations. First, the EPA is determining that the Boston-LawrenceWorcester (Eastern Massachusetts), MANH serious one-hour ozone nonattainment area met the applicable deadline of November 15, 2007, for attaining the one-hour National Ambient Air Quality Standard (NAAQS) for ozone. This final determination is based upon complete, quality-assured, certified ambient air monitoring data that show the area attained the level of the now revoked one-hour ozone NAAQS for the 2005–2007 monitoring period. Second, EPA is determining that the Boston-Lawrence-Worcester (Eastern Massachusetts) moderate 1997 eighthour ozone nonattainment area attained the 1997 eight-hour NAAQS for ozone by its applicable attainment date (June 15, 2010), based upon complete, qualityassured, certified ambient air monitoring data for the 2007–2009 monitoring period. Third, EPA is determining that the Boston-LawrenceWorcester (Eastern Massachusetts) SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 moderate 1997 eight-hour ozone nonattainment area has attained the 1997 eight-hour NAAQS for ozone, based upon complete, quality-assured, certified ambient air monitoring data for 2008–2010 monitoring period, and continuing through 2011. Under the provisions of EPA’s ozone implementation rule, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 1997 eight-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1997 ozone NAAQS. DATES: This rule is effective on June 28, 2012. ADDRESSES: EPA has established dockets for these actions under Docket Identification No. EPA–R01–OAR– 2011–0879 and EPA–R01–OAR–2012– 0076. All documents in the dockets are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square— Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109–3912, telephone number (617) 918–1664, fax number (617) 918–0664, email Burkhart.Richard@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. What actions is EPA taking? E:\FR\FM\29MYR1.SGM 29MYR1

Agencies

[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31493-31496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12875]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0384]
RIN 1625-AA00


Safety Zones; Fourth of July Fireworks Displays Within the 
Captain of the Port Charleston Zone, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five temporary safety zones 
during Fourth of July Fireworks Displays on certain navigable waterways 
in Hilton Head Island, Mount Pleasant, Murrells Inlet, North 
Charleston, and North Myrtle Beach, South Carolina. These safety zones 
are necessary to protect the public from the hazards associated with 
launching fireworks over navigable waters of the United States. Persons 
and vessels are prohibited from entering, transiting through, anchoring 
in, or remaining within any of the safety zones unless authorized by 
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on July 
4, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0384 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0384 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Ensign John R. Santorum, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email

[[Page 31494]]

John.R.Santorum@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
necessary information regarding the fireworks displays until April 30, 
2012. As a result, the Coast Guard did not have sufficient time to 
publish an NPRM and to receive public comments prior to the fireworks 
displays. Any delay in the effective date of this rule would be 
contrary to the public interest because immediate action is needed to 
minimize potential danger to the public during the fireworks displays.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from the hazards 
associated with launching fireworks over navigable waters of the United 
States.

Discussion of Rule

    Multiple fireworks displays are planned for Fourth of July 
celebrations throughout the Captain of the Port Charleston Zone. The 
fireworks will be launched from land, piers, or barges. The fireworks 
will explode over navigable waters of the United States.
    The Coast Guard is establishing five temporary safety zones for 
Fourth of July Fireworks Displays on navigable waters of the United 
States within the Captain of the Port Charleston Zone. The five safety 
zones, with the specific enforcement period for each safety zone, are 
listed below.
    1. Hilton Head Island, South Carolina. All waters within a 500 yard 
radius around the barge from which the fireworks will be launched, 
located on the Atlantic Intracoastal Waterway. This safety zone will be 
enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    2. Mount Pleasant, South Carolina. All waters within a 500 yard 
radius around the barge from which the fireworks will be launched, 
located on the Cooper River. This safety zone will be enforced from 
8:30 p.m. until 9:50 p.m. on July 4, 2012.
    3. Murrells Inlet, South Carolina. All waters within a 1,000 yard 
radius around Veterans Pier, from which the fireworks will be launched, 
located on the Atlantic Intracoastal Waterway. This safety zone will be 
enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    4. North Charleston, South Carolina. All waters within a 500 yard 
radius around the barge from which the fireworks will be launched, 
located on the Cooper River. This safety zone will be enforced from 
8:30 p.m. until 10 p.m. on July 4, 2012.
    5. North Myrtle Beach, South Carolina. All waters within a 500 yard 
radius around Cherry Grove Pier, from which the fireworks will be 
launched, located on the Atlantic Ocean. This safety zone will be 
enforced from 9 p.m. until 10:30 p.m. on July 4, 2012.
    Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within any of the safety zones 
unless authorized by the Captain of the Port Charleston or a designated 
representative. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within any of the safety zones may contact the 
Captain of the Port Charleston via telephone at (843) 740-7050, or a 
designated representative via VHF radio on channel 16, to request 
authorization. If authorization to enter, transit through, anchor in, 
or remain within any of the safety zones 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. 
The Coast Guard will provide notice of the safety zones by Broadcast 
Notice to Mariners, Marine Safety Information Bulletins, and on-scene 
designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this regulation under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) Each safety zone will be enforced for a maximum 
of 2 hours; (2) vessel traffic in the areas is expected to be minimal 
during the enforcement periods; (3) although persons and vessels will 
not be able to enter, transit through, anchor in, or remain within any 
of the safety zones without authorization from the Captain of the Port 
Charleston or a designated representative, they may operate in the 
surrounding areas during the enforcement periods; (4) persons and 
vessels may still enter, transit through, anchor in, or remain within 
the safety zones if authorized by the Captain of the Port Charleston or 
a designated representative; and (5) the Coast Guard will provide 
advance notification of the safety zones to the local maritime 
community by Broadcast Notice to Mariners and Marine Safety Information 
Bulletins.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following

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entities, some of which may be small entities: the owners or operators 
of vessels intending to enter, transit through, anchor in, or remain 
within any of the safety zones described in this rule during the 
respective enforcement periods. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing five temporary safety 
zones that will be enforced for no more than two hours. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add a temporary Sec.  165.T07-0384 to read as follows:


Sec.  165.T07-0384  Safety Zones; Fourth of July Fireworks Displays 
within the Captain of the Port Charleston Zone, SC.

    (a) Regulated Areas. The following regulated areas are safety 
zones, with the specific enforcement period for each safety zone. All 
coordinates are North American Datum 1983.

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    (1) Hilton Head Island, South Carolina. All waters within a 500 
yard radius around the barge from which the fireworks will be launched, 
located on the Atlantic Intracoastal Waterway at approximate position 
32[deg]13'57'' N, 80[deg]45'06'' W. This safety zone will be enforced 
from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    (2) Mount Pleasant, South Carolina. All waters within a 500 yard 
radius around the barge from which the fireworks will be launched, 
located on the Cooper River at approximate position 32[deg]47'32'' N, 
79[deg]54'33'' W. This safety zone will be enforced from 8:30 p.m. 
until 9:50 p.m. on July 4, 2012.
    (3) Murrells Inlet, South Carolina. All waters within a 1,000 yard 
radius around Veterans Pier, from which the fireworks will be launched, 
located on the Atlantic Intracoastal Waterway at approximate position 
33[deg]33'23'' N, 79[deg]01'48'' W. This safety zone will be enforced 
from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    (4) North Charleston, SC. All waters within a 500 yard radius 
around the barge from which the fireworks will be launched, located on 
the Cooper River at approximate position 32[deg]52'01'' N, 
79[deg]57'35'' W. This safety zone will be enforced from 8:30 p.m. 
until 10 p.m. on July 4, 2012.
    (5) North Myrtle Beach, South Carolina. All waters within a 500 
yard radius around Cherry Grove Pier, from which the fireworks will be 
launched, located on the Atlantic Ocean at approximate position 
33[deg]49'38'' N, 78[deg]37'54'' W. This safety zone will be enforced 
from 9 p.m. until 10:30 p.m. on July 4, 2012.
    (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.
    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and 
on-scene designated representatives.
    (d) Effective Date. This rule is effective from 8:30 p.m. until 
10:30 p.m. on July 4, 2012.

    Dated: May 14, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-12875 Filed 5-25-12; 8:45 am]
BILLING CODE 9110-04-P