Safety Zone, Fifth Coast Guard District Fireworks Display Cape Fear River; Wilmington, NC, 30732-30735 [2014-12376]
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
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.
emcdonald on DSK67QTVN1PROD with RULES
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
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Jkt 232001
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 34–g of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(i) Contact on scene contracting
vessels via VHF channel 13 and 16 for
passage instructions.
(ii) If on scene proceed as directed by
any commissioned, warrant or petty
officer on shore or on board a vessel that
is displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period. This section
will be enforced from 12 p.m. until 3:30
p.m. each day from May 30, 2014 to
June 1, 2014.
Dated: May 13, 2014.
John K. Little,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2014–12381 Filed 5–28–14; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
■
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.
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0148]
2. Add § 165.T05–0007 to read as
follows:
RIN 1625–AA00
§ 165.T05–0007 Safety Zone, Atlantic
Ocean; Virginia Beach, VA.
Safety Zone, Fifth Coast Guard District
Fireworks Display Cape Fear River;
Wilmington, NC
■
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
(b) Location. The following area is a
safety zone: Specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, in the vicinity of the Atlantic Ocean
in Virginia Beach, VA bound by the
following coordinates: 36°–49′–50″ N/
075°–58′–02″ W, 36°–51′46″ N/075°–
58′–33″ W, 36°–51′–53″ N/075°–57′–57″
W, 36°–49′–57″ N/075°–57′–26″ W
(NAD 1983).
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing 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: This safety zone is effective from
5:30 p.m. on July 4, 2014 to 1 a.m. on
July 5, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0148]. To view documents
SUMMARY:
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Evelynn B. Samms, Coast
Guard Sector North Carolina, Coast
Guard; telephone: (910)772–2207, email:
Evelynn.B.Samms@uscg.mil. If you have
questions on viewing or submitting
material to the docket, 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
emcdonald on DSK67QTVN1PROD with RULES
A. Regulatory History and Information
This fireworks display event is
regulated at 33 CFR 165.506, Table to
§ 165.506, section (d.), entry number
‘‘2’’. On June 25, 2013, a Temporary
Final Rule (TFR) was published
amending 33 CFR 165.506, Table to
§ 165.506, section (d.), entry number
‘‘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. A
Notice to Proposed Rule Making was
published on March 27, 2014 in the
Federal Register (79 FR 17085). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
B. Basis and Purpose
Recurring fireworks displays are
frequently held on or adjacent to the
navigable waters within the boundary of
the Fifth Coast Guard District. For a
description of the geographical area of
each Coast Guard Sector—Captain of the
Port Zone, please see 33 CFR 3.25.
The regulation listing annual
fireworks displays within the Fifth
Coast Guard District and safety zones
locations is 33 CFR 165.506. The Table
in § 165.506 identifies fireworks
displays by COTP zone, with the COTP
North Carolina zone listed in section
(d.) of the Table.
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The Battleship NORTH CAROLINA
Commission has relinquished
sponsorship to the City of Wilmington
for the annual fireworks display held on
July 4th over the waters of the Cape Fear
River in Wilmington, North Carolina.
The Table in § 165.506, at section (d.),
entry 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 the provisions
of 33 CFR 165.506, during the
enforcement period, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily
suspend the current regulation listed in
the Table at § 165.506, section (d.), entry
number ‘‘2’’, and insert this temporary
regulation in the Table at § 165.506,
section (d.), as entry 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 at § 165.506 or other provisions in
the Table at § 165.506 shall be affected
by this regulation.
The regulated area of this safety zone
includes all water 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 the
enforcement period currently listed in
the Table at § 165.506, section (d.), entry
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30733
number ‘‘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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation
restricts access to a small segment of 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 § 165.506 at
section (d.), entry 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 rule will not have a
significant economic impact on a
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
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.
emcdonald on DSK67QTVN1PROD with RULES
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
16:05 May 28, 2014
Jkt 232001
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.
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
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.
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing a safety zone for a fireworks
display launch site and fallout area and
is expected to have no impact on the
water or environment. This zone is
designed to protect mariners and
spectators from the hazards associated
with aerial fireworks displays. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
10. Protection of Children
List of Subjects in 33 CFR Part 165
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.
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:
11. Indian Tribal Governments
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.
VerDate Mar<15>2010
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.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 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 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
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Fmt 4700
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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.
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Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Rules and Regulations
2. In § 165.506, amend Table to
§ 165.506 as follows:
■ a. Under ‘‘(d.) Coast Guard Sector
North Carolina—COTP Zone,’’ suspend
■
entry number ‘‘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
number ‘‘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 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
*
*
*
*
*
TABLE TO § 165.506
No.
Date
*
Location
*
*
Regulated area
*
*
*
*
(d.) Coast Guard Sector North Carolina—COTP Zone
*
15 .......................
*
July 4–5, 2014 ..
*
*
Cape Fear River, Wilmington, NC,
Safety Zone.
Dated: May 14, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2014–12376 Filed 5–28–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2013–0509; A–1–FRL–
9909–99–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Decommissioning of Stage
II Vapor Recovery Systems
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire Department of
Environmental Services. This revision
includes regulatory amendments that
require the decommissioning of Stage II
vapor recovery systems at gasoline
dispensing facilities by December 22,
2015, and a demonstration that such
removal is consistent with the Clean Air
Act and EPA guidance. The intended
effect of this action is to approve New
Hampshire’s revised vapor recovery
regulation. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on June 30,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2013–0509. All documents in the docket
are listed on the www.regulations.gov
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
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Jkt 232001
*
*
*
All waters of the Cape Fear River within a 300 yard radius of the
fireworks launch barge in approximate position latitude 34°14′17″
N longitude 077°57′11″.
Web site. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at State Air
Agency, Department of Environmental
Services, 6 Hazen Drive, P.O. Box 95,
Concord, NH 03302–0095.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1660, fax number (617) 918–0660, email
garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
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I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On March 10, 2014 (79 FR 13268),
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
New Hampshire. The NPRM proposed
approval of New Hampshire’s revised
vapor recovery regulation. The formal
SIP revision was submitted by New
Hampshire on June 18, 2013 and
included a demonstration that the
decommissioning of Stage II vapor
recovery systems at gasoline dispensing
facilities is consistent with the Clean
Air Act and EPA guidance. A detailed
discussion of New Hampshire’s June 18,
2013 SIP revision and EPA’s rationale
for proposing approval of the SIP
revision were provided in the NPRM
and will not be restated here. No public
comments were received on the NPRM.
II. Final Action
EPA is approving New Hampshire’s
June 18, 2013 SIP revision. Specifically,
EPA is approving the amended New
Hampshire rule Env–Or 500, Recovery
of Gasoline Vapors, and incorporating it
into the New Hampshire SIP. EPA is
approving this SIP revision because it
meets all applicable requirements of the
Clean Air Act and EPA guidance, and it
will not interfere with attainment or
maintenance of the ozone National
Ambient Air Quality Standards.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
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]]>Agencies
[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30732-30735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12376]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing 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: This safety zone is effective from 5:30 p.m. on July 4, 2014 to
1 a.m. on July 5, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0148]. To view documents
[[Page 30733]]
mentioned in this preamble as being available in the docket, go to
https://www.regulations.gov, type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Evelynn B. Samms, Coast Guard Sector North Carolina,
Coast Guard; telephone: (910)772-2207, email: Evelynn.B.Samms@uscg.mil.
If you have questions on viewing or submitting material to the docket,
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. Regulatory History and Information
This fireworks display event is regulated at 33 CFR 165.506, Table
to Sec. 165.506, section (d.), entry number ``2''. On June 25, 2013, a
Temporary Final Rule (TFR) was published amending 33 CFR 165.506, Table
to Sec. 165.506, section (d.), entry number ``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. A Notice to Proposed Rule Making was
published on March 27, 2014 in the Federal Register (79 FR 17085). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
B. Basis and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table in 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 4th over the waters of the Cape Fear River in Wilmington,
North Carolina. The Table in Sec. 165.506, at section (d.), entry
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 the provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the current regulation
listed in the Table at Sec. 165.506, section (d.), entry number ``2'',
and insert this temporary regulation in the Table at Sec. 165.506,
section (d.), as entry 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 at
Sec. 165.506 or other provisions in the Table at Sec. 165.506 shall
be affected by this regulation.
The regulated area of this safety zone includes all water 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
the enforcement period currently listed in the Table at Sec. 165.506,
section (d.), entry number ``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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
restricts access to a small segment of 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 Sec. 165.506 at section (d.), entry 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 rule
will not have a significant economic impact on a
[[Page 30734]]
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.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a safety zone for a
fireworks display launch site and fallout area and is expected to have
no impact on the water or environment. This zone is designed to protect
mariners and spectators from the hazards associated with aerial
fireworks displays. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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.
[[Page 30735]]
0
2. In Sec. 165.506, amend Table to Sec. 165.506 as follows:
0
a. Under ``(d.) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry number ``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 number ``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 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
Table to Sec. 165.506
----------------------------------------------------------------------------------------------------------------
No. Date Location Regulated area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d.) Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
15................................ July 4-5, 2014............ Cape Fear River, All waters of the Cape
Wilmington, NC, Fear River within a 300
Safety Zone. yard radius of the
fireworks launch barge
in approximate position
latitude 34[deg]14'17''
N longitude
077[deg]57'11''.
----------------------------------------------------------------------------------------------------------------
Dated: May 14, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-12376 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P
