Safety Zone; Fifth Coast Guard District Fireworks Display, Currituck Sound; Corolla, NC, 36664-36667 [2013-14548]
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
7. 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.
8. 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.
tkelley on DSK3SPTVN1PROD with RULES
9. 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.
10. 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.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
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13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. 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 determined that 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 involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
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 parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: June 5, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2013–14662 Filed 6–18–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0421]
1. The authority citation for part 165
continues to read as follows:
■
RIN 1625–AA00
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Safety Zone; Fifth Coast Guard District
Fireworks Display, Currituck Sound;
Corolla, NC
2. Add § 165.T09–0417 to read as
follows:
ACTION:
■
§ 165.T09–0417 Safety Zone; Fairport
Harbor Mardi Gras, Lake Erie, Fairport
Harbor, OH
(a) Location. This zone will
encompass all waters of Lake Erie,
Fairport Harbor, OH within a 350 foot
radius of position 41°45′30″ N and
81°16′18″ W (NAD 83).
(b) Effective and enforcement period.
This regulation is effective and will be
enforced on July 5, 2013, from 9 p.m.
until 10:20 p.m.
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard is
temporarily changing the location of a
safety zone for one recurring fireworks
display in the Fifth Coast Guard District.
This regulation applies to only one
recurring fireworks event, held adjacent
to the Currituck Sound, Corolla, North
Carolina. The fireworks display
previously originated from a barge but
will this year originate from a location
on land. The safety zone is necessary to
provide for the safety of life on
navigable waters during the event. This
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
action is intended to restrict vessel
traffic in a portion of the Currituck
Sound, Corolla, NC, during the event.
DATES: This rule will be effective from
July 4, 2013 until July 5, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0421]. 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 rule, call or
email BOSN4 Joseph M. Edge, Coast
Guard Sector North Carolina, Coast
Guard; telephone (252) 247–4525, email
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and 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 it
would be impracticable to issue an
NPRM and final rule before the
scheduled event.
For similar 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. The
fireworks are planned for July 4, 2013,
so a 30-day delay would be
impracticable. Earlier implementation is
needed to ensure the safety zone is in
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place to protect participants, crew,
spectators, participating vessels, and
other vessels and users of the waterway
during the event.
B. Basis and Purpose
Recurring fireworks displays are
frequently held on or adjacent to the
navigable waters within the boundary of
the Fifth Coast Guard District. For a
description of the geographical area of
each Coast Guard Sector—Captain of the
Port Zone, please see 33 CFR 3.25.
The regulation listing annual
fireworks displays within the Fifth
Coast Guard District and safety zones
locations is 33 CFR 165.506. The Table
to § 165.506 identifies fireworks
displays by COTP zone, with the COTP
North Carolina zone listed in section
‘‘(d.)’’ of the Table.
The township of Corolla, North
Carolina, sponsors an annual fireworks
display held on July 4th over the waters
of Currituck Sound at Corolla, North
Carolina. The Table to § 165.506, at
section (d.) event Number ‘‘5’’, describes
the enforcement date and regulated
location for this fireworks event.
The location listed in the Table has
the fireworks display originating from a
fireworks barge on Currituck Sound.
However, this proposed rule changes
the fireworks launch location on July 4,
2013, to a position on shore at latitude
36°22′23.8″ N longitude 075°49′56.3″ W.
A fleet of spectator vessels is
anticipated to gather nearby to view the
fireworks display. Due to the need for
vessel control during the fireworks
display vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels. Under provisions of 33 CFR
165.506, during the enforcement period,
vessels may not enter the regulated area
unless they receive permission from the
Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 165.506, section (d.) event Number 5,
and insert this temporary regulation at
Table to § 165.506, at section (d.) as
event Number ‘‘16’’, in order to reflect
that the fireworks display will originate
from a point on shore and therefore the
regulated area is changed. This change
is needed to accommodate the sponsor’s
event plan. No other portion of the
Table to § 165.506 or other provisions in
§ 165.506 shall be affected by this
regulation.
The regulated area of this safety zone
includes all water of the Currituck
Sound within a 300 yards radius of
latitude 36°22′23.8″ N longitude
075°49′56.3″ W.
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36665
This safety zone will restrict general
navigation in the regulated area during
the fireworks event. Except for persons
or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the regulated
area during the effective period. The
regulated area is needed to control
vessel traffic during the event for the
safety of participants and transiting
vessels.
The enforcement period for this safety
zone does not change from that
enforcement period listed in
§ 165.506(d)(5) which is 5:30 p.m. on
July 4, 2013 through 1 a.m. on July 5,
2013.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and 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
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation
restricts access to a small segment of
Currituck Sound, the effect of this rule
will not be significant because: (i) the
safety zone will be in effect for a limited
duration; (ii) the zone is of limited size;
and (iii) the Coast Guard will make
notifications via maritime advisories so
mariners can adjust their plans
accordingly. Additionally, this
rulemaking changes the regulated area
for the Currituck Sound fireworks
demonstration for July 4, 2013 only and
does not change the permanent
regulated area that has been published
in 33 CFR 165.506, Table to § 165.506 at
portion ‘‘d’’ event Number ‘‘5’’. In some
cases vessel traffic may be able to transit
the regulated area when the Coast Guard
Patrol Commander deems it is safe to do
so.
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the Currituck Sound where fireworks
events are being held. This regulation
will not have a significant impact on a
substantial number of small entities
because it will be enforced only during
the fireworks display event permitted by
Coast Guard Captain of the Port North
Carolina. The Captain of the Port will
ensure that small entities are able to
operate in the regulated area when it is
safe to do so. In some cases, vessels will
be able to safely transit around the
regulated area at various times, and,
with the permission of the Patrol
Commander, vessels may transit
through the regulated area. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
mariners can adjust their plans
accordingly.
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3. 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 rule. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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
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Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
9. 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.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that 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 involves
establishing a safety zone for a fireworks
display launch site and fallout area and
is expected to have no impact on the
water or environment. This zone is
designed to protect mariners and
spectators from the hazards associated
with aerial fireworks displays. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations
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.
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:
■
2. In the Table to § 165.506, make the
following amendments:
■ a. Under ‘‘(d) Coast Guard Sector
North Carolina—COTP Zone,’’ suspend
entry 5;
■
36667
b. Under, ‘‘(d) Coast Guard Sector
North Carolina—COTP Zone,’’ add entry
16 to read as follows:
■
§ 165.506 Safety Zones; Fifth Coast Guard
District Fireworks Displays.
*
*
*
*
*
TABLE TO § 165.506
(d) Coast Guard Sector North Carolina—COTP Zone
Number
Date
*
16 .......................
*
July 4–5, 2013 ..
*
*
*
*
Location
*
Currituck Sound,
Safety Zone.
*
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133E–3.]
Final Priority; National Institute on
Disability and Rehabilitation
Research—Disability and
Rehabilitation Research Projects and
Centers Program—Rehabilitation
Engineering Research Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
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*
NC,
*
*
*
All waters of the Currituck Sound within a 300 yard radius of the fireworks launch site in approximate position latitude 36°22′23.8″ N
longitude 075°49′56.3″, located near Whale Head Bay.
Effective Date: This priority is
effective July 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW.,
room 5133, Potomac Center Plaza (PCP),
Washington, DC 20202–2700.
Telephone: (202) 245–7532 or by email:
marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
[FR Doc. 2013–14548 Filed 6–18–13; 8:45 am]
SUMMARY: The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for a
Rehabilitation Engineering Research
Center (RERC) on Technologies to
Support Successful Aging with
Disability under the Disability and
Rehabilitation Research Projects and
Centers Program administered by the
National Institute on Disability and
Rehabilitation Research (NIDRR). The
Assistant Secretary may use this priority
for a competition in fiscal year (FY)
2013 and later years. We take this action
to focus research attention on areas of
national need. We intend to use this
priority to improve outcomes for
individuals with disabilities.
16:08 Jun 18, 2013
Corolla,
DATES:
Dated: June 4, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port Sector North Carolina.
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Regulated area
Jkt 229001
Purpose of
Program: The purpose of the Disability
and Rehabilitation Research Projects
and Centers Program is to plan and
conduct research, demonstration
projects, training, and related activities,
including international activities, to
develop methods, procedures, and
rehabilitation technology that maximize
the full inclusion and integration into
society, employment, independent
living, family support, and economic
and social self-sufficiency of individuals
with disabilities, especially individuals
with the most severe disabilities, and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
SUPPLEMENTARY INFORMATION:
Rehabilitation Engineering Research
Centers Program
The purpose of NIDRR’s RERCs
program, which is funded through the
Disability and Rehabilitation Research
Projects and Centers Program, is to
improve the effectiveness of services
authorized under the Rehabilitation Act.
It does so by conducting advanced
engineering research, developing and
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Fmt 4700
Sfmt 4700
evaluating innovative technologies,
facilitating service delivery system
changes, stimulating the production and
distribution of new technologies and
equipment in the private sector, and
providing training opportunities. RERCs
seek to solve rehabilitation problems
and remove environmental barriers to
improvements in employment,
community living and participation,
and health and function outcomes of
individuals with disabilities.
The general requirements for RERCs
are set out in subpart D of 34 CFR part
350 (What Rehabilitation Engineering
Research Centers Does the Secretary
Assist?).
Additional information on the RERCs
program can be found at: www.ed.gov/
rschstat/research/pubs/.
Program Authority: 29 U.S.C. 762(g) and
764(b)(3).
Applicable Program Regulations: 34
CFR part 350.
We published a proposed priority for
this program in the Federal Register on
April 3, 2013 (78 FR 20069). That notice
contained background information and
our reasons for proposing the particular
priority.
Public Comment: In response to our
invitation in the notice of proposed
priority, nine parties submitted
comments on the proposed priority.
Generally, we do not address technical
and other minor changes or suggested
changes the law does not authorize us
to make under the applicable statutory
authority. In addition, we generally do
not address comments that raise
concerns not directly related to the
proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and
changes in the priority since publication
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]]>Agencies
[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36664-36667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14548]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0421]
RIN 1625-AA00
Safety Zone; Fifth Coast Guard District Fireworks Display,
Currituck Sound; Corolla, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the location of a
safety zone for one recurring fireworks display in the Fifth Coast
Guard District. This regulation applies to only one recurring fireworks
event, held adjacent to the Currituck Sound, Corolla, North Carolina.
The fireworks display previously originated from a barge but will this
year originate from a location on land. The safety zone is necessary to
provide for the safety of life on navigable waters during the event.
This
[[Page 36665]]
action is intended to restrict vessel traffic in a portion of the
Currituck Sound, Corolla, NC, during the event.
DATES: This rule will be effective from July 4, 2013 until July 5,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0421]. 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 rule,
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone (252) 247-4525, email Joseph.M.Edge@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 it would be impracticable to issue an
NPRM and final rule before the scheduled event.
For similar 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. The fireworks are
planned for July 4, 2013, so a 30-day delay would be impracticable.
Earlier implementation is needed to ensure the safety zone is in place
to protect participants, crew, spectators, participating vessels, and
other vessels and users of the waterway during the event.
B. Basis and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP North Carolina zone listed in section ``(d.)'' of the Table.
The township of Corolla, North Carolina, sponsors an annual
fireworks display held on July 4th over the waters of Currituck Sound
at Corolla, North Carolina. The Table to Sec. 165.506, at section (d.)
event Number ``5'', describes the enforcement date and regulated
location for this fireworks event.
The location listed in the Table has the fireworks display
originating from a fireworks barge on Currituck Sound. However, this
proposed rule changes the fireworks launch location on July 4, 2013, to
a position on shore at latitude 36[deg]22[min]23.8[sec] N longitude
075[deg]49[min]56.3[sec] W.
A fleet of spectator vessels is anticipated to gather nearby to
view the fireworks display. Due to the need for vessel control during
the fireworks display vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 165.506, section (d.) event Number 5, and insert this
temporary regulation at Table to Sec. 165.506, at section (d.) as
event Number ``16'', in order to reflect that the fireworks display
will originate from a point on shore and therefore the regulated area
is changed. This change is needed to accommodate the sponsor's event
plan. No other portion of the Table to Sec. 165.506 or other
provisions in Sec. 165.506 shall be affected by this regulation.
The regulated area of this safety zone includes all water of the
Currituck Sound within a 300 yards radius of latitude
36[deg]22[min]23.8[sec] N longitude 075[deg]49[min]56.3[sec] W.
This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event for
the safety of participants and transiting vessels.
The enforcement period for this safety zone does not change from
that enforcement period listed in Sec. 165.506(d)(5) which is 5:30
p.m. on July 4, 2013 through 1 a.m. on July 5, 2013.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
restricts access to a small segment of Currituck Sound, the effect of
this rule will not be significant because: (i) the safety zone will be
in effect for a limited duration; (ii) the zone is of limited size; and
(iii) the Coast Guard will make notifications via maritime advisories
so mariners can adjust their plans accordingly. Additionally, this
rulemaking changes the regulated area for the Currituck Sound fireworks
demonstration for July 4, 2013 only and does not change the permanent
regulated area that has been published in 33 CFR 165.506, Table to
Sec. 165.506 at portion ``d'' event Number ``5''. In some cases vessel
traffic may be able to transit the regulated area when the Coast Guard
Patrol Commander deems it is safe to do so.
[[Page 36666]]
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the Currituck Sound where fireworks
events are being held. This regulation will not have a significant
impact on a substantial number of small entities because it will be
enforced only during the fireworks display event permitted by Coast
Guard Captain of the Port North Carolina. The Captain of the Port will
ensure that small entities are able to operate in the regulated area
when it is safe to do so. In some cases, vessels will be able to safely
transit around the regulated area at various times, and, with the
permission of the Patrol Commander, vessels may transit through the
regulated area. Before the enforcement period, the Coast Guard will
issue maritime advisories so mariners can adjust their plans
accordingly.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves establishing a safety zone for a
fireworks display launch site and fallout area and is expected to have
no impact on the water or environment. This zone is designed to protect
mariners and spectators from the hazards associated with aerial
fireworks displays. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 36667]]
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. In the Table to Sec. 165.506, make the following amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry 5;
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add
entry 16 to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays.
* * * * *
Table to Sec. 165.506
----------------------------------------------------------------------------------------------------------------
(d) Coast Guard Sector North Carolina--COTP Zone
-----------------------------------------------------------------------------------------------------------------
Number Date Location Regulated area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
16................................ July 4-5, 2013............ Currituck Sound, All waters of the
Corolla, NC, Safety Currituck Sound within a
Zone. 300 yard radius of the
fireworks launch site in
approximate position
latitude
36[deg]22'23.8'' N
longitude
075[deg]49'56.3'',
located near Whale Head
Bay.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: June 4, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-14548 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P
