Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC, 37115-37118 [2013-14666]

Download as PDF 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. mstockstill on DSK4VPTVN1PROD with RULES 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 16:04 Jun 19, 2013 Jkt 229001 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). VerDate Mar<15>2010 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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 http:// 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: E:\FR\FM\20JNR1.SGM 20JNR1 37116 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 mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:04 Jun 19, 2013 Jkt 229001 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 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). mstockstill on DSK4VPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:04 Jun 19, 2013 Jkt 229001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20JNR1.SGM 20JNR1 37118 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 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 mstockstill on DSK4VPTVN1PROD with RULES AGENCY: SUMMARY: VerDate Mar<15>2010 16:04 Jun 19, 2013 Jkt 229001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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. E:\FR\FM\20JNR1.SGM 20JNR1

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 http://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

[[Page 37118]]

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