Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC, 37115-37118 [2013-14666]
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
obtaining a certificate of self-regulation
and ensures that all tribal submissions
will be fully considered before the
Commission issues a decision.
Additionally, the Commission has
discovered that the final rule published
on April 4, 2013, contained: An
incorrect section heading in the part’s
table of contents; incorrectly referenced
a specific section in one of its rules; and
that the reference to IGRA contained in
§ 518.10(a) should read ‘‘25 U.S.C.
2710(b)(2)(C).’’ Therefore, the
Commission is also revising its
regulations to correct the table of
contents, and to correct the referencing
errors in § 518.8(b) and § 518.10(a).
III. Certain Findings
Under the Administrative Procedure
Act, a notice of proposed rulemaking is
not required when an agency, for good
cause, finds that notice and public
comments are impracticable,
unnecessary, or contrary to the public
interest. Here, because this rule is not
yet in effect and will not be so until
September 1, 2013, and because the
revisions herein are technical in nature
and intended to correct inadvertent
errors, the Commission is publishing a
technical amendment.
Regulatory Matters
Regulatory Flexibility Act
This rule will not have a significant
economic effect on a substantial number
of small entities as defined by the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. Indian tribes are not considered
to be small entities for purposes of the
Regulatory Flexibility Act.
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Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule does not have an annual effect
on the economy of $100 million or
more. This rule will not cause a major
increase in costs or prices for
consumers, individual industries,
federal, state, or local government
agencies or geographic regions, and does
not have a significant adverse effect on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Unfunded Mandate Reform Act
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Civil Justice Reform
In accordance with Executive Order
12988, the Commission has determined
that the rule does not unduly burden the
judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Executive Order.
National Environmental Policy Act
The Commission has determined that
this rule does not constitute a major
federal action significantly affecting the
quality of the human environment and
that no detailed statement is required
pursuant to the National Environmental
Policy Act of 1969, 42 U.S.C. 4321, et
seq.
Paperwork Reduction Act
The information collection
requirements contained in this rule
were previously approved by the Office
of Management and Budget as required
by the Paperwork Reduction Act, 44
U.S.C. 3501, et seq., and assigned OMB
Control Number 3141–0008. The OMB
control number expires on October 31,
2013.
List of Subjects in 25 CFR Part 518
Gambling, Indian-lands, Indian-tribal
government, reporting and
recordkeeping requirements.
For the reasons set forth in the
Preamble, the Commission is amending
25 CFR part 518 as follows:
PART 518—SELF-REGULATION OF
CLASS II GAMING
1. The authority citation for part 518
continues to read as follows:
■
Authority: 25 U.S.C. 2706(b)(10); E.O.
13175.
2. Revise the section heading to
§ 518.14 to read as follows:
■
§ 518.14 May a tribe request a hearing on
the Commission’s proposal to revoke its
certificate of self-regulation?
*
■
*
*
*
*
3. Revise § 518.7(d) to read as follows:
§ 518.7 What process will the Commission
use to review and certify petitions?
*
The Commission, as an independent
regulatory agency, is exempt from
compliance with the Unfunded
Mandates Reform Act, 2 U.S.C. 1502(1);
2 U.S.C. 658(1).
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Takings
In accordance with Executive Order
12630, the Commission has determined
that this proposed rule does not have
significant takings implications. A
takings implication assessment is not
required.
*
*
*
*
(d) After receiving the Office of SelfRegulation’s recommendation and
report, and a tribe’s response to the
report, the Commission shall issue
preliminary findings as to whether the
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37115
eligibility and approval criteria are met.
The Commission’s preliminary findings
will be provided to the tribe within 45
days of receipt of the report.
*
*
*
*
*
§ 518.8
[Amended]
4. In § 518.8(b), remove the reference
‘‘§ 518.11’’ and add in its place ‘‘§ 518.9
of this part.’’
■
§ 518.10
[Amended]
5. In § 518.10(a), remove the reference
‘‘25 U.S.C. 2710(b)(2)(c)’’ and add in its
place ‘‘25 U.S.C. 2710(b)(2)(C).’’
■
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013–14669 Filed 6–19–13; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0415]
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 two temporary safety zones
during Fourth of July Fireworks
Displays on navigable waterways in
Murrells Inlet, 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 9 p.m.
until 10:30 p.m. on July 4, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0415. 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
DATES:
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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations
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 Ensign Christopher L. Ruleman,
Sector Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email
Christopher.L.Ruleman@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
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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 is impracticable. The
Coast Guard did not receive necessary
information from the event sponsors
until recently. As a result, the Coast
Guard does 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.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
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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; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
Multiple fireworks displays are
planned for Fourth of July celebrations
throughout the Captain of the Port
Charleston Zone. The fireworks will
explode over navigable waters of the
United States. The Coast Guard is
establishing two 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 two safety zones
will be enforced from 9 p.m. until 10:30
p.m. on July 4, 2013.
The purpose of the rule is to protect
the public from the hazards associated
with launching fireworks over navigable
waters of the United States.
C. Discussion of the Rule
The first safety zone is in Murrells
Inlet, South Carolina. The safety zone
encompasses all waters within a 500
foot radius around Veterans Pier, from
which the fireworks will be launched,
located on the Atlantic Intracoastal
Waterway.
The second safety zone is in North
Myrtle Beach, South Carolina. The
safety zone encompasses all waters
within a 600 foot radius around Cherry
Grove Pier, from which the fireworks
will be launched, located on the
Atlantic Ocean.
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.
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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. The economic impact of this
rule is not significant for the following
reasons: (1) Each safety zones will be
enforced for a maximum of 1.5 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.
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 may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
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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.
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).
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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.
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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
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37117
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 is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. This rule
involves establishing two temporary
safety zones that will be enforced for no
more than 1.5 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.T07–0415 to
read as follows:
■
§ 165.T07–0415 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. All
coordinates are North American Datum
1983.
(1) Murrells Inlet, South Carolina. All
waters within a 500 foot 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′54″ W.
(2) North Myrtle Beach, South
Carolina. All waters within a 600 foot
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.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
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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 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 onscene designated representatives.
(d) Effective date. This rule is
effective from 9 p.m. until 10:30 p.m. on
July 4, 2013.
Dated: June 6, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2013–14666 Filed 6–19–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0961; FRL–9824–5]
carbon monoxide (CO), showing
continued attainment of the 8-hour CO
national ambient air quality standard for
the Charlotte, Raleigh/Durham and
Winston-Salem Areas. EPA is approving
this SIP revision because the State has
demonstrated that the revision is
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective July
22, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0961. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person 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 federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Approval and Promulgation of Air
Quality Implementation Plans;
Charlotte, Raleigh/Durham and
Winston-Salem Carbon Monoxide
Limited Maintenance Plan
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Analysis of the State’s Submittal
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
EPA is taking final action to
approve changes to the North Carolina
State Implementation Plan (SIP),
submitted by the State of North Carolina
Department of Environment and Natural
Resources (NC DENR), on August 2,
2012. Specifically, the State submitted
limited maintenance plan updates for
I. Analysis of the State’s Submittal
Section 175A of the Clean Air Act
(CAA) contains four subsections (i.e.,
175A(a)–(d)) pertaining to maintenance
plans. Section 175A(a) establishes
requirements for the maintenance plans
associated with initial SIP redesignation
requests. North Carolina previously
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AGENCY:
SUMMARY:
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addressed the 175A(a) requirements for
the CO NAAQS and the State’s
redesignation requests and associated
maintenance plans were ultimately
approved by EPA for all three of North
Carolina’s CO areas as a result. See 59
FR 48399 and 60 FR 39258.
Section 175A(b) requires states to
submit an update to the maintenance
plan eight years following the original
redesignation to attainment. For the
section 175A(b) update, the state must
outline methods for maintaining the
pertinent NAAQS for ten years after the
expiration of the ten-year period as
referred to in subsection (a) (i.e., North
Carolina’s maintenance plan updates
must outline methods for maintaining
the CO NAAQS through 2015). NC
DENR satisfied the requirements for the
second maintenance plans for all of its
CO maintenance areas, and EPA
subsequently approved NC DENR’s
second maintenance plan for each of the
State’s CO maintenance areas. See 71 FR
14817, March 24, 2006. Although North
Carolina has previously satisfied the
requirements for the 175A(b)
maintenance plan updates for all of its
CO areas, the State has elected to
convert these maintenance plans to
limited maintenance plans.1 A summary
of EPA’s analysis for this revision is
provided below.
Finally, with respect to the remaining
sub-sections of section 175A, EPA notes
that sub-section (c) does not apply to
this rulemaking, given that EPA has
previously redesignated the Charlotte,
Raleigh/Durham, and Winston-Salem
areas to attainment for CO. Section
175A(d), which includes the
contingency provisions requirements
associated with maintenance plans, is
relevant to today’s revision and is
addressed in section A4, below.
A. Consistency With the October 6,
1995, Memorandum
EPA’s interpretation of section 175A
of the CAA, as it pertains to limited
maintenance plans for CO, is contained
in the October 6, 1995, Memorandum
from Joseph W. Praise to the Air Branch
Chiefs, Regions I–X, entitled ‘‘Limited
Maintenance Plan Option for
Nonclassifiable CO Nonattainment
Areas.’’ See the docket for today’s
1 A limited maintenance plan generally includes
all the elements for a full section 175A maintenance
plan except that a limited maintenance plan is not
required to include motor vehicle emissions
budgets for transportation conformity purposes. For
more details on limited maintenance plans see the
October 6, 1995, Memorandum from Joseph W.
Praise to the Air Branch Chiefs, Regions I–X,
entitled ‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas.’’ A copy
of the October 6, 1995, Memorandum is included
in the docket for today’s rulemaking.
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]]>Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37115-37118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14666]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0415]
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 two temporary safety zones
during Fourth of July Fireworks Displays on navigable waterways in
Murrells Inlet, 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 9 p.m. until 10:30 p.m. on July 4,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0415. 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
[[Page 37116]]
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 Ensign Christopher L. Ruleman, Sector Charleston Office
of Waterways Management, Coast Guard; telephone (843) 740-3184, email
Christopher.L.Ruleman@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 is impracticable. The Coast Guard did
not receive necessary information from the event sponsors until
recently. As a result, the Coast Guard does 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.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. 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; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
Multiple fireworks displays are planned for Fourth of July
celebrations throughout the Captain of the Port Charleston Zone. The
fireworks will explode over navigable waters of the United States. The
Coast Guard is establishing two 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 two safety zones will be
enforced from 9 p.m. until 10:30 p.m. on July 4, 2013.
The purpose of the rule is to protect the public from the hazards
associated with launching fireworks over navigable waters of the United
States.
C. Discussion of the Rule
The first safety zone is in Murrells Inlet, South Carolina. The
safety zone encompasses all waters within a 500 foot radius around
Veterans Pier, from which the fireworks will be launched, located on
the Atlantic Intracoastal Waterway.
The second safety zone is in North Myrtle Beach, South Carolina.
The safety zone encompasses all waters within a 600 foot radius around
Cherry Grove Pier, from which the fireworks will be launched, located
on the Atlantic Ocean.
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.
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. The economic impact of
this rule is not significant for the following reasons: (1) Each safety
zones will be enforced for a maximum of 1.5 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.
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 may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit through, anchor in, or remain within
[[Page 37117]]
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.
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 is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This
rule involves establishing two temporary safety zones that will be
enforced for no more than 1.5 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.T07-0415 to read as follows:
Sec. 165.T07-0415 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. All coordinates are North American Datum 1983.
(1) Murrells Inlet, South Carolina. All waters within a 500 foot
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]01'54'' W.
(2) North Myrtle Beach, South Carolina. All waters within a 600
foot 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.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and
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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
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 9 p.m. until 10:30
p.m. on July 4, 2013.
Dated: June 6, 2013.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-14666 Filed 6-19-13; 8:45 am]
BILLING CODE 9110-04-P
