Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC, 36416-36419 [2014-15137]
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Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. 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:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Coast Guard, DHS.
Notice of enforcement of
regulation.
ACTION:
§ 165.T09–0473 Safety Zone;
Independence Day Celebration Fireworks,
Lake Ontario, Oswego, NY.
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Annual Fireworks Displays and Other
Events in the Eighth Coast Guard
District Requiring Safety Zones; Point
Pleasant Sternwheel Festival; Ohio
River 265.2–266.2; Point Pleasant, WV
AGENCY:
2. Add § 165.T09–0473 to read as
follows:
■
(a) Location. This zone will
encompass all waters of Lake Ontario,
Oswego, NY within an 840 FT radius of
position 43°27′54.25″ N and
76°30′57.75″ W (NAD 83).
(b) Effective and Enforcement Period.
This section is effective and will be
enforced on July 6, 2014, from 9:15 p.m.
until 10:45 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within the safety zone
described in paragraph (a) of § 165.T09–
0473 is prohibited unless authorized by
the Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
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33 CFR Part 165
[Docket No. USCG–2014–0384]
1. The authority citation for part 165
continues to read as follows:
■
13:21 Jun 26, 2014
Dated: June 16, 2014.
B. W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2014–15118 Filed 6–26–14; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Mar<15>2010
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
The Coast Guard will enforce
the Point Pleasant Sternwheel Festival
safety zone from 9:45 p.m. until 10:45
p.m. on June 28th, 2014. This action is
necessary for the safety of participants
and spectators, including all crews,
vessels, and persons on navigable
waters during the Point Pleasant
Sternwheel Festival. During the
enforcement period, entry into,
transiting through or anchoring in the
safety zone is prohibited to all vessels
not registered with the sponsor as
participants or official patrol vessels,
unless specifically authorized by the
Captain of the Port (COTP) Ohio Valley
or a designated representative.
DATES: The regulations in 33 CFR
165.801, Table 1, No. 25, will be
enforced from 9:45 p.m. until 10:45 p.m.
on June 28th, 2014.
SUMMARY:
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If
you have questions on this notice of
enforcement, contact Petty Officer Third
Class Patrick Hunsaker at (304) 733–
0198, or you may email him at STL-PFMSUHUNTINGTON-MEC@uscg.mil.
SUPPLEMENTARY INFORMATION: This year,
the Coast Guard will enforce the safety
zone for the annual Point Pleasant
Sternwheel Festival listed in 33 CFR
100.801 Table 1, No. 25, on June 28th,
2014 from 9:45 p.m. until 10:45 p.m.
This establishes the currently published
date of the last weekend in June or first
weekend in July as found in 33 CFR
165.801 Table 1, No. 25.
Under the provisions of 33 CFR
165.801, entry into, or remaining or
anchoring within the safety zone listed
in Table 1, No. 25 is prohibited unless
authorized by the Captain of the Port or
a designated representative. Persons or
vessels desiring to enter into or pass
through the Safety Zone must request
permission from the Captain of the Port
or a designated representative. If
permission is granted, all persons and
vessels shall comply with the
instructions of the Captain of the Port or
designated representative.
This notice is issued under authority
of 5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via Local
Notice to Mariners and Marine
Information Broadcasts.
If the Captain of the Port Ohio Valley
or Patrol Commander determines that
the safety zone need not be enforced for
the full duration stated in this notice of
enforcement, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
FOR FURTHER INFORMATION CONTACT:
Dated: June 6, 2014.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–15121 Filed 6–26–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0471]
RIN 1625–AA00
Safety Zones; Fourth of July Fireworks
Displays Within the Captain of the Port
Charleston Zone, SC
AGENCY:
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Coast Guard, DHS.
27JNR1
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
ACTION:
Temporary final rule.
The Coast Guard is
establishing two temporary safety zones
during Fourth of July Fireworks
Displays on certain navigable waterways
in Murrells Inlet and North Myrtle
Beach, South Carolina. These safety
zones are necessary to protect the public
from 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 on July 4,
2014 and will be enforced from 9:00
p.m. until 10:25 p.m.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2014–
0471 and are available online by going
to https://www.regulations.gov, inserting
USCG–2014–0471 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email CWO
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 the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
VerDate Mar<15>2010
13:21 Jun 26, 2014
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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 the
Coast Guard did not receive necessary
information regarding the fireworks
displays until May 27, 2014. As a result,
the Coast Guard did 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.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3) the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register.
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, and 160.5; Public Law 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.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 Rule
Multiple fireworks displays are
planned for Fourth of July celebrations
throughout the Captain of the Port
Charleston Zone. The fireworks will be
launched from land, piers, or barges.
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, with the specific
enforcement period for each safety zone,
are listed below.
1. Murrells Inlet, South Carolina. All
waters within a 1,000 yard radius
around Veterans Pier, from which the
fireworks will be launched, located on
the Atlantic Intracoastal Waterway. This
safety zone will be enforced from 9:00
p.m. until 10:15 p.m. on July 4, 2014.
2. North Myrtle Beach, South
Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from
which the fireworks will be launched,
located on the Atlantic Ocean. This
safety zone will be enforced from 9:00
p.m. until 10:25 p.m. on July 4, 2014.
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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) The safety zone will only be
enforced for a total of one and a half
hours; (2) although persons and vessels
may not enter, transit through, anchor
in, or remain within the safety zone
without authorization from the Captain
of the Port Charleston or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Charleston or a designated
representative; and (4) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
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Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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.
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.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section 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).
13:21 Jun 26, 2014
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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
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on States, on the relationship
between the national government and
VerDate Mar<15>2010
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.
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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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). Based
on our analysis, we concluded 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
An environmental analysis checklist
and a Categorical Exclusion
Determination were completed for this
event in previous years. Since this event
has remained materially unchanged
from the time of the prior
determinations, a new environmental
analysis checklist and Categorical
Exclusion Determination were not
completed for 2014. The previously
completed environmental analysis
checklist and Categorical Exclusion
Determination can be found in docket
folder for USCG–2013–0415 at
www.regulations.gov.
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, and 160.5;
E:\FR\FM\27JNR1.SGM
27JNR1
Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add a temporary § 165.T07–0471 to
read as follows:
40 CFR Part 52
■
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§ 165.T07–0471 Safety Zone; Fourth of
July Fireworks Displays Within Captain of
the Port Charleston Zone, SC.
(a) Regulated Area. The following
regulated areas are safety zones.
(1) Murrells Inlet, South Carolina. All
waters within a 1,000 yard radius
around Veterans Pier, from which the
fireworks will be launched, located on
the Atlantic Intracoastal Waterway.
(2) North Myrtle Beach, South
Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from
which the fireworks will be launched,
located on the Atlantic Ocean.
(b) Effective and enforcement periods.
Paragraph (a)(1) of this section will be
enforced from 9:00 p.m. until 10:15 p.m.
on July 4, 2014. Paragraph (a)(2) of this
section will be enforced from 9:00 p.m.
until 10:25 p.m. on July 4, 2014.
(c) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
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 area.
(d) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
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 area may
contact the Captain of the Port
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 area 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 area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
Dated: June 17, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2014–15137 Filed 6–26–14; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R08–OAR–2014–0241; FRL–9912–24Region 8]
Partial Approval and Partial
Disapproval and Promulgation of Air
Quality Implementation Plans; South
Dakota; Revisions to South Dakota
Administrative Code; Permit: New and
Modified Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
partially approve and partially
disapprove State Implementation Plan
(SIP) revisions submitted by the State of
South Dakota on June 14, 2010, June 20,
2011, and July 29, 2013. All three SIP
submittals revise the portion of the
Administrative Rules of South Dakota
(ARSD) that pertain to the issuance of
South Dakota air quality permits. In
addition, the June 14, 2010 submittal
revises certain definitions and dates of
incorporation by reference. The June 14,
2010 submittal contains new, amended
and renumbered rules; the June 20, 2011
submittal contains new rules; and the
July 29, 2013 submittal contains
amended rules. In this rulemaking, we
are taking final action on all portions of
the June 14, 2010 submittal, except for
those portions of the submittal which do
not belong in the SIP. We are also taking
final action on portions of the June 20,
2011 submittal that were not acted on in
our April 18, 2014 rulemaking regarding
greenhouse gases and the State’s
Prevention of Significant Deterioration
(PSD) program. We are taking final
action on portions of the July 29, 2013
submittal that supersede portions of the
two previous submittals; the remainder
of the July 29, 2013 submittal will be
acted on at a later date. This action is
being taken under section 110 of the
Clean Air Act (CAA).
DATES: This final rule is effective July
28, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2014–0241. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
SUMMARY:
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36419
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street Denver, Colorado
80202–1129. EPA requests you contact
the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Response to Comments
III. Basis for our Final Action
IV. Final Action
V. Statutory and Executive Orders Review
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The initials ARSD mean or refer to
the Administrative Rules of South
Dakota.
(iii) The initials DENR mean the
Department of Environment and Natural
Resources.
(iv) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(v) The words minor NSR mean NSR
established under section 110(a)(2)(C) of
the Act and 40 CFR 51.160 through
51.164.
(vi) The initials NAAQS mean or refer
to National Ambient Air Quality
Standards.
(vii) The initials NSR mean new
source review, a phrase intended to
encompass the stationary source
regulatory programs that regulate the
construction and modification of
stationary sources as provided under
CAA section 110(a)(2)(C), CAA Title I,
parts C and D, and 40 CFR 51.160
through 51.166.
(viii) The initials PSD mean or refer
to Prevention of Significant
Deterioration.
(ix) The initials SIP mean or refer to
State Implementation Plan.
(x) The words State or South Dakota
mean the State of South Dakota, unless
the context indicates otherwise.
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36416-36419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15137]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0471]
RIN 1625-AA00
Safety Zones; Fourth of July Fireworks Displays Within the
Captain of the Port Charleston Zone, SC
AGENCY: Coast Guard, DHS.
[[Page 36417]]
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 certain navigable waterways
in Murrells Inlet and North Myrtle Beach, South Carolina. These safety
zones are necessary to protect the public from 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 on July 4, 2014 and will be enforced from
9:00 p.m. until 10:25 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-0471 and are available online
by going to https://www.regulations.gov, inserting USCG-2014-0471 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email CWO 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 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. 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 the Coast Guard did not receive
necessary information regarding the fireworks displays until May 27,
2014. As a result, the Coast Guard did 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.
For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
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, and 160.5; Public Law 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.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 Rule
Multiple fireworks displays are planned for Fourth of July
celebrations throughout the Captain of the Port Charleston Zone. The
fireworks will be launched from land, piers, or barges. 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, with the specific enforcement period for each safety zone, are
listed below.
1. Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 9:00 p.m. until 10:15 p.m. on July 4, 2014.
2. North Myrtle Beach, South Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean. This safety zone will be
enforced from 9:00 p.m. until 10:25 p.m. on July 4, 2014.
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) The safety
zone will only be enforced for a total of one and a half hours; (2)
although persons and vessels may not enter, transit through, anchor in,
or remain within the safety zone without authorization from the Captain
of the Port Charleston or a designated representative, they may operate
in the surrounding area during the enforcement period; (3) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zone if authorized by the Captain of the Port Charleston or
a designated representative; and (4) the Coast Guard will provide
advance notification of the safety zone to the local maritime
[[Page 36418]]
community by Local Notice to Mariners and Broadcast Notice to Mariners.
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.
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
section 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 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). Based on our
analysis, we concluded 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
An environmental analysis checklist and a Categorical Exclusion
Determination were completed for this event in previous years. Since
this event has remained materially unchanged from the time of the prior
determinations, a new environmental analysis checklist and Categorical
Exclusion Determination were not completed for 2014. The previously
completed environmental analysis checklist and Categorical Exclusion
Determination can be found in docket folder for USCG-2013-0415 at
www.regulations.gov.
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, and 160.5;
[[Page 36419]]
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0471 to read as follows:
Sec. 165.T07-0471 Safety Zone; Fourth of July Fireworks Displays
Within Captain of the Port Charleston Zone, SC.
(a) Regulated Area. The following regulated areas are safety zones.
(1) Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway.
(2) North Myrtle Beach, South Carolina. All waters within a 500
yard radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean.
(b) Effective and enforcement periods. Paragraph (a)(1) of this
section will be enforced from 9:00 p.m. until 10:15 p.m. on July 4,
2014. Paragraph (a)(2) of this section will be enforced from 9:00 p.m.
until 10:25 p.m. on July 4, 2014.
(c) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and 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
area.
(d) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area 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 area may contact the Captain of the
Port 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 area 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 area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
Dated: June 17, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-15137 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P
