Safety Zone, Fifth Coast Guard District Fireworks Display Cape Fear River, Wilmington, NC, 17085-17088 [2014-06837]
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Proposed Rules
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary section, § 100.35–
T05–0138 to read as follows:
■
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§ 100.35–T05–0138 Special Local
Regulations for Marine Events, Nanticoke
River; Bivalve, MD.
(a) Regulated area. The following
location is a regulated area: All waters
of the Nanticoke River, bounded by a
line drawn from a point on the shoreline
at latitude 38°19′15″ N, longitude
075°53′13″ W, thence westerly to
latitude 38°19′23″ N, longitude
075°53′45″ W, thence southerly to
latitude 38°18′51″ N, longitude
075°54′01″ W, thence easterly to latitude
38°18′42″ N, longitude 075°53′31″ W,
located at Bivalve, MD. All coordinates
reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the U. S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Participant means all persons and
vessels participating in the Coastal
Aquatics Swim Team Open Water
Summer Shore Swim event under the
auspices of the Marine Event Permit
issued to the event sponsor and
approved by Commander, Coast Guard
Sector Baltimore.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons in the regulated
area. When hailed or signaled by an
official patrol, a vessel or person in the
regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(2) With the exception of participants,
all persons desiring to transit the
regulated area must first obtain
authorization from the Captain of the
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Port Baltimore or his designated
representative. To seek permission to
transit the area, the Captain of the Port
Baltimore and his designated
representatives can be contacted at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). All Coast Guard vessels
enforcing this regulated area can be
contacted on marine band radio VHF–
FM channel 16 (156.8 MHz).
(3) The Coast Guard Patrol
Commander may terminate the event, or
the operation of any participant in the
event, at any time it is deemed
necessary for the protection of life or
property.
(4) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period: This section
will be enforced from 8 a.m. to 12:30
p.m. on June 29, 2014.
Dated: March 12, 2014.
M.M. Dean,
Commander, U.S. Coast Guard, Acting
Captain of the Port Baltimore.
[FR Doc. 2014–06832 Filed 3–26–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
17085
Comments and related material
must be received by the Coast Guard on
or before April 28, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email CWO4 Joseph M. Edge, U.S. Coast
Guard Sector North Carolina; telephone
252–247–4525, email Joseph.M.Edge@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Coast Guard
Table of Acronyms
33 CFR Part 165
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[Docket Number USCG–2014–0148]
RIN 1625–AA00
Safety Zone, Fifth Coast Guard District
Fireworks Display Cape Fear River,
Wilmington, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
a temporary change to the enforcement
location of a safety zone for one specific
recurring fireworks display in the Fifth
Coast Guard District. This regulation
applies to only one recurring fireworks
event, held adjacent to the Cape Fear
River, Wilmington, North Carolina. The
fireworks display formerly originated
from a location on land but this year
will originate from a barge. The safety
zone is necessary to provide for the
safety of life on navigable waters during
the event. This action is intended to
restrict vessel traffic in a portion of the
Cape Fear River, Wilmington, North
Carolina, during the event.
SUMMARY:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Proposed Rules
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0148] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0148) 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.
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3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
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determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
This fireworks display event is
regulated at 33 CFR 165.506, Table to
§ 165.506, section (d.) line 2. On June
25, 2013, a Temporary Final Rule (TFR)
was published amending 33 CFR
165.506, Table to § 165.506, section (d.)
line 2 entitled ‘‘Safety Zone, Fifth Coast
Guard District Fireworks Display Cape
Fear River; Wilmington, NC’’ in the
Federal Register (78 FR 37963). The
Coast Guard plans to permanently
amend the regulation at 33 CFR 165.506
at a later date to reflect this change.
C. 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 Battleship NORTH CAROLINA
Commission has relinquished
sponsorship to the City of Wilmington
for the annual fireworks display held on
July 4 over the waters of Cape Fear River
at Wilmington, North Carolina. The
Table to § 165.506, at section (d.) event
Number ‘‘2’’, describes the enforcement
date and regulated location for this
fireworks event.
The location listed in the Table has
the fireworks display originating from a
location, on land, on the north bank of
the Cape Fear River at Wilmington,
North Carolina. However, the
coordinator for this event changed the
fireworks launch location for July 4,
2014, to a position on the Cape Fear
River at latitude 34°14′17″ N longitude
077°57′11″ 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.
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D. Discussion of Proposed Rule
The Coast Guard is proposing to
temporarily suspend the regulation
listed in Table to § 165.506, section (d)
event Number 2, only in regards to the
July 4th event, and insert this temporary
regulation at Table to § 165.506, at
section (d) as event Number ‘‘15’’, in
order to reflect that the fireworks
display will originate from a barge in
the Cape Fear River 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 waters of the Cape Fear
River within a 300 yards radius of
latitude 34°14′17″ N longitude
077°57′11″ 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
§ 165.506(d)2. Therefore, this safety
zone will be enforced from 5:30 p.m. on
July 4, 2014 through 1 a.m. on July 5,
2014.
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.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed 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
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Budget has not reviewed it under those
Orders. Although this regulation
restricts access to a small segment of the
Cape Fear River, 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 Cape Fear River fireworks
demonstration for July 4, 2014 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 ‘‘2’’. 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.
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 proposed 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 Cape Fear River 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 that has
been permitted by the Coast Guard
Captain of the Port. 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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
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ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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17087
8. Taking of Private Property
This proposed rule would 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 proposed 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 From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children From
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination With Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
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the human environment. This proposed
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. A preliminary
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
No.
Date
environmental impact from this
proposed rule.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
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 proposes to
amend 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.
2. At § 165.506, in the Table to
§ 165.506, make the following
amendments:
■ a. Under ‘‘(d) Coast Guard Sector
North Carolina—COTP Zone,’’ suspend
entry 2, from 5:30 p.m. on July 4, 2014
to 1 a.m. on July 5, 2015.
■ b. Under, ‘‘(d) Coast Guard Sector
North Carolina—COTP Zone,’’ add entry
15, which will be enforced from 5:30
p.m. on July 4, 2014 to 1 a.m. on July
5, 2014, to read as follows:
§ 165.506–T05–0148 Safety Zones; Fifth
Coast Guard District Fireworks Displays,
Cape Fear River, Wilmington, NC.
*
Location
*
*
*
*
Regulated area
(d) Coast Guard Sector North Carolina—COTP Zone
*
15 ................
*
July 4–5, 2014 ...
*
*
*
*
*
Cape Fear River, Wilmington, NC, All waters of the Cape Fear River within a 300 yard radius of the fireSafety Zone.
works launch barge in approximate position latitude 34°14′17″ N longitude 077°57′11″.
Dated: March 16, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2014–06837 Filed 3–26–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2013–0775; FRL–9906–72–
OAR]
RIN 2060–AR92
Air Quality: Revision to the Regulatory
Definition of Volatile Organic
Compounds—Exclusion of 2-amino-2methyl-1-propanol (AMP)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to revise the
regulatory definition of volatile organic
compounds (VOCs) under the Clean Air
Act (CAA). This proposed revision
would add 2-amino-2-methyl-1propanol (also known as AMP; CAS
number 124–68–5) to the list of
compounds excluded from the
regulatory definition of VOCs on the
basis that this compound makes a
negligible contribution to tropospheric
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SUMMARY:
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ozone formation. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are making this same
amendment as a direct final rule
without a prior proposed rule. If we
receive no adverse comment, we will
not take further action on this proposed
rule.
DATES: Comments must be received on
or before May 27, 2014.
Public Hearing: If anyone contacts the
EPA requesting a public hearing
concerning the proposed regulation by
April 11, 2014, we will hold a public
hearing on April 28, 2014. If a public
hearing is held, it will be held at 10 a.m.
at Building C on the EPA campus in
Research Triangle Park, NC, or at an
alternate site nearby. Please refer to
SUPPLEMENTARY INFORMATION for
additional information on the comment
period and the public hearing.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2013–0775, by one of the
following methods:
• Follow the on-line instructions for
submitting comments:
www.regulations.gov.
• Email: a-and-r-Docket@
epamail.epa.gov, Attention Docket ID
No. EPA–HQ–OAR–2013–0775.
• Fax: 202–566–9744, Attention
Docket ID No. EPA–HQ–OAR–2013–
0775.
• Mail: Docket ID No. EPA–HQ–
OAR–2013–0775, Environmental
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Protection Agency, Mail Code: 28221T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
U.S. Environmental Protection Agency,
1301 Constitution Avenue NW., William
Jefferson Clinton West Building, Room:
3334, Mail Code: 28221T, Washington,
DC 20460, Attention Docket ID No.
EPA–HQ–OAR–2013–0775. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2013–
0775. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov,
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email address will be
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]]>Agencies
[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Proposed Rules]
[Pages 17085-17088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06837]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0148]
RIN 1625-AA00
Safety Zone, Fifth Coast Guard District Fireworks Display Cape
Fear River, Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a temporary change to the
enforcement location of a safety zone for one specific recurring
fireworks display in the Fifth Coast Guard District. This regulation
applies to only one recurring fireworks event, held adjacent to the
Cape Fear River, Wilmington, North Carolina. The fireworks display
formerly originated from a location on land but this year will
originate from a barge. The safety zone is necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in a portion of the Cape Fear
River, Wilmington, North Carolina, during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before April 28, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone 252-247-4525, email Joseph.M.Edge@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Cheryl Collins, 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If
[[Page 17086]]
you fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0148] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2014-0148) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
This fireworks display event is regulated at 33 CFR 165.506, Table
to Sec. 165.506, section (d.) line 2. On June 25, 2013, a Temporary
Final Rule (TFR) was published amending 33 CFR 165.506, Table to Sec.
165.506, section (d.) line 2 entitled ``Safety Zone, Fifth Coast Guard
District Fireworks Display Cape Fear River; Wilmington, NC'' in the
Federal Register (78 FR 37963). The Coast Guard plans to permanently
amend the regulation at 33 CFR 165.506 at a later date to reflect this
change.
C. 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 Battleship NORTH CAROLINA Commission has relinquished
sponsorship to the City of Wilmington for the annual fireworks display
held on July 4 over the waters of Cape Fear River at Wilmington, North
Carolina. The Table to Sec. 165.506, at section (d.) event Number
``2'', describes the enforcement date and regulated location for this
fireworks event.
The location listed in the Table has the fireworks display
originating from a location, on land, on the north bank of the Cape
Fear River at Wilmington, North Carolina. However, the coordinator for
this event changed the fireworks launch location for July 4, 2014, to a
position on the Cape Fear River at latitude 34[deg]14'17'' N longitude
077[deg]57'11'' 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.
D. Discussion of Proposed Rule
The Coast Guard is proposing to temporarily suspend the regulation
listed in Table to Sec. 165.506, section (d) event Number 2, only in
regards to the July 4th event, and insert this temporary regulation at
Table to Sec. 165.506, at section (d) as event Number ``15'', in order
to reflect that the fireworks display will originate from a barge in
the Cape Fear River 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 waters of the
Cape Fear River within a 300 yards radius of latitude 34[deg]14'17'' N
longitude 077[deg]57'11'' 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)2. Therefore, this
safety zone will be enforced from 5:30 p.m. on July 4, 2014 through 1
a.m. on July 5, 2014.
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.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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
[[Page 17087]]
Budget has not reviewed it under those Orders. Although this regulation
restricts access to a small segment of the Cape Fear River, 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 Cape
Fear River fireworks demonstration for July 4, 2014 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 ``2''. 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.
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
proposed 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 Cape Fear
River 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
that has been permitted by the Coast Guard Captain of the Port. 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on
[[Page 17088]]
the human environment. This proposed 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. A preliminary 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 proposed rule.
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 proposes
to amend 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. At Sec. 165.506, in the Table to Sec. 165.506, make the following
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry 2, from 5:30 p.m. on July 4, 2014 to 1 a.m. on July 5, 2015.
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add
entry 15, which will be enforced from 5:30 p.m. on July 4, 2014 to 1
a.m. on July 5, 2014, to read as follows:
Sec. 165.506-T05-0148 Safety Zones; Fifth Coast Guard District
Fireworks Displays, Cape Fear River, Wilmington, NC.
* * * * *
------------------------------------------------------------------------
No. Date Location Regulated area
------------------------------------------------------------------------
(d) Coast Guard Sector North Carolina--COTP Zone
------------------------------------------------------------------------
* * * * * * *
15.............. July 4-5, 2014. Cape Fear All waters of the
River, Cape Fear River
Wilmington, within a 300 yard
NC, Safety radius of the
Zone. fireworks launch
barge in
approximate
position latitude
34[deg]14'17'' N
longitude
077[deg]57'11''.
------------------------------------------------------------------------
Dated: March 16, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-06837 Filed 3-26-14; 8:45 am]
BILLING CODE 9110-04-P
