Safety Zones; Fourth of July Fireworks Displays Within the Captain of the Port Charleston Zone, SC, 36416-36419 [2014-15137]

Download as PDF 36416 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 Jkt 232001 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: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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: E:\FR\FM\27JNR1.SGM 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 http://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 wreier-aviles on DSK5TPTVN1PROD with RULES 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 Jkt 232001 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. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 36417 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 E:\FR\FM\27JNR1.SGM 27JNR1 36418 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 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. 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 ■ wreier-aviles on DSK5TPTVN1PROD with RULES § 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 VerDate Mar<15>2010 13:21 Jun 26, 2014 Jkt 232001 [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: PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 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 http://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