Safety Zone, Shallowbag Bay; Manteo, NC, 51490-51492 [2014-20675]
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51490
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0672]
Safety Zone; USS MIDWAY Fireworks,
San Diego, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for a USS MIDWAY
private fireworks display on October 6,
2014. This marine event occurs on the
navigable waters of San Diego Bay,
immediately to the west of the USS
MIDWAY located in San Diego Bay,
California. This action is necessary to
provide for the safety of the
participants, crew, spectators, safety
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
SUMMARY:
The regulations for the marine
event listed as Item 6 in Table 1 to 33
CFR 165.1123 will be enforced on
October 6, 2014 from 9:45 p.m. to 10:15
p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
document, call or email Petty Officer
Giacomo Terrizzi, Waterways
Management, U.S. Coast Guard Sector
San Diego, CA; telephone (619) 278–
7233, email Giacomo.Terrizzi@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in
San Diego Bay for the private fireworks
display. This display occurs on October
6, 2014 from 9:45 p.m. to 10:15 p.m., off
of the moored attraction vessel, USS
MIDWAY. Fireworks displays occur
frequently off of the USS MIDWAY, and
the corresponding safety zone to the
fireworks display is published in 33
CFR 165.1123, Table 1, Item 6.
Under the provisions of 33 CFR
165.1123, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within the 600
foot regulated area safety zone that
includes the tug and barge unless
authorized by the Captain of the Port, or
his designated representative. Persons
or vessels desiring to enter into or pass
through the safety zone may request
permission from the Captain of the Port
or a designated representative. If
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DATES:
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15:18 Aug 28, 2014
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permission is granted, all persons and
vessels shall comply with the
instructions of the Captain of the Port or
designated representative. Spectator
vessels may safely transit outside the
regulated area, but may not anchor,
block, loiter, or impede the transit of
participants or official patrol vessels or
commercial traffic within the federal
channel. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in patrol and
notification of this regulation.
This document is issued under
authority of 5 U.S.C. 552(a) and 33 CFR
165.1123. In addition to providing
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners, Broadcast Notice to
Mariners, and local advertising by the
event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated in this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
Dated: August 1, 2014.
J. S. Spaner,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–20668 Filed 8–28–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0723]
RIN 1625–AA00
Safety Zone, Shallowbag Bay; Manteo,
NC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Shallowbag Bay, Manteo, NC. This
action is necessary to protect the life
and property of the maritime public
from the hazards posed by fireworks
displays. This safety zone is intended to
restrict vessels from a portion of
Shallowbag Bay River during the Outer
Banks Bluegrass Festival Fireworks
display.
DATES: This rule is effective August 29,
2014 and will be enforced from 8 p.m.
SUMMARY:
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Fmt 4700
Sfmt 4700
to 10 p.m. on September 26, 2014 unless
cancelled earlier by the Captain of the
Port.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Derek J. Burrill, Coast Guard
Sector North Carolina, Coast Guard;
telephone (910) 772–2230, email
Derek.J.Burrill@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 17, 2013 we published a
Notice of Proposed Rulemaking (NPRM)
entitled ‘‘Safety Zone, Shallowbag Bay;
Manteo, NC’’ in the Federal Register (78
FR 29091). We received no comments
on the proposed rules. No public
meeting was requested, and none was
held.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1. This
notice is issued under the authority of
the Freedom of Information Act, 5
U.S.C. 552(a).
On September 26, 2014 fireworks will
be launched from a barge located in
Shallowbag Bay in Manteo, North
Carolina as part of the Outer Banks
Bluegrass Festival. The temporary safety
zone created by this rule is necessary to
ensure the safety of vessels and
spectators from hazards associated with
the fireworks display. Such hazards
include obstructions to the waterway
that may cause death, serious bodily
harm, or property damage, as well as the
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. Establishing a
safety zone to control vessel movement
around the location of the launch area
will help ensure the safety of persons
and property in the vicinity of this event
and help minimize the associated risks.
C. Discussion of Proposed Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the setup, loading, and
launching of the Outer Banks Bluegrass
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
Festival Fireworks Display. The
fireworks display will occur for
approximately 15 minutes from 9 p.m.
to 9:15 p.m. on September 26, 2014.
However, the Safety Zone will be
effective and enforced from 8 p.m. until
10 p.m. in order to ensure safety during
the setup, loading and removal of the
display equipment.
The safety zone will encompass all
waters on Shallowbag Bay within a 200
yard radius of a barge anchor in
approximate position 35°54′31″ N,
longitude 075°39′42″ W from 8 p.m.
until 10 p.m. on September 26, 2014.
All geographic coordinates are North
American Datum 1983 (NAD 83). The
effect of this temporary safety zone will
be to restrict navigation in the regulated
area during the fireworks display.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated on
scene patrol personnel. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Sector North Carolina or his designated
representative. The Captain of the Port
or his designated representative may be
contacted via VHF Channel 16.
Notification of the temporary safety
zone will be provided to the public via
marine information broadcasts.
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D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation will
restrict access to the area, the effect of
this rule will not be significant because:
(i) The safety zone will only be in effect
from 8 p.m. to 10 p.m. on September 26,
2014, (ii) the Coast Guard will give
advance notification via maritime
advisories so mariners can adjust their
plans accordingly, and (iii) although the
safety zone will apply to the section of
Shallowbag Bay, vessel traffic will be
able to transit safely around the safety
zone.
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15:18 Aug 28, 2014
Jkt 232001
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit through or
anchor in the specified portion of
Shallowbag Bay on September 26, 2014.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will
only be in effect for two hours, from 8
p.m. to 10 p.m. Although the safety zone
will apply to a section of Shallowbag
Bay, vessel traffic will be able to transit
safely around the safety zone. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to the users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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51491
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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51492
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule establishes a temporary safety zone
to protect the public from fireworks
fallout. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
15:18 Aug 28, 2014
Jkt 232001
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 180
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.
Kasugamycin; Pesticide Tolerances
2. Add temporary § 165.T05–0723 to
read as follows:
SUMMARY:
■
■
§ 165.T05–0723 Safety Zone, Shallowbag
Bay; Manteo, NC.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
VerDate Mar<15>2010
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector North Carolina.
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: This safety zone will
encompass all waters on Shallowbag
Bay within a 200 yard radius of a barge
anchor in position 35°54′31″ N,
longitude 075°39′42″ W. All geographic
coordinates are North American Datum
1983 (NAD 83).
(c) Regulations. (1) The general
regulations contained in § 165.23 of this
part apply to the area described in
paragraph (b) of this section.
(2) Persons or vessels requiring entry
into or passage through any portion of
the safety zone must first request
authorization from the Captain of the
Port, or a designated representative,
unless the Captain of the Port
previously announced via Marine Safety
Radio Broadcast on VHF Marine Band
Radio channel 22 (157.1 MHz) that this
regulation will not be enforced in that
portion of the safety zone. The Captain
of the Port can be contacted at telephone
number (910) 343–3882 or by radio on
VHF Marine Band Radio, channels 13
and 16.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced from 8 p.m. to 10 p.m.
on September 26, 2014 unless cancelled
earlier by the Captain of the Port.
Dated: August 14, 2014.
S. R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2014–20675 Filed 8–28–14; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–HQ–OPP–2010–0297; FRL–9911–57]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of kasugamycin in
or on fruit, pome. Arysta LifeScience
North America, LLC (Arysta
LifeScience), requested a number of
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA) which
are addressed in this document.
DATES: This regulation is effective
August 29, 2014. Objections and
requests for hearings must be received
on or before October 28, 2014, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0297, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
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Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51490-51492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20675]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0723]
RIN 1625-AA00
Safety Zone, Shallowbag Bay; Manteo, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Shallowbag Bay, Manteo, NC. This action is necessary to protect the
life and property of the maritime public from the hazards posed by
fireworks displays. This safety zone is intended to restrict vessels
from a portion of Shallowbag Bay River during the Outer Banks Bluegrass
Festival Fireworks display.
DATES: This rule is effective August 29, 2014 and will be enforced from
8 p.m. to 10 p.m. on September 26, 2014 unless cancelled earlier by the
Captain of the Port.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Derek J. Burrill, Coast Guard Sector North Carolina,
Coast Guard; telephone (910) 772-2230, email Derek.J.Burrill@uscg.mil.
If you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 17, 2013 we published a Notice of Proposed Rulemaking (NPRM)
entitled ``Safety Zone, Shallowbag Bay; Manteo, NC'' in the Federal
Register (78 FR 29091). We received no comments on the proposed rules.
No public meeting was requested, and none was held.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. This notice is
issued under the authority of the Freedom of Information Act, 5 U.S.C.
552(a).
On September 26, 2014 fireworks will be launched from a barge
located in Shallowbag Bay in Manteo, North Carolina as part of the
Outer Banks Bluegrass Festival. The temporary safety zone created by
this rule is necessary to ensure the safety of vessels and spectators
from hazards associated with the fireworks display. Such hazards
include obstructions to the waterway that may cause death, serious
bodily harm, or property damage, as well as the accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. Establishing a safety zone to control vessel movement around
the location of the launch area will help ensure the safety of persons
and property in the vicinity of this event and help minimize the
associated risks.
C. Discussion of Proposed Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of the
Outer Banks Bluegrass
[[Page 51491]]
Festival Fireworks Display. The fireworks display will occur for
approximately 15 minutes from 9 p.m. to 9:15 p.m. on September 26,
2014. However, the Safety Zone will be effective and enforced from 8
p.m. until 10 p.m. in order to ensure safety during the setup, loading
and removal of the display equipment.
The safety zone will encompass all waters on Shallowbag Bay within
a 200 yard radius of a barge anchor in approximate position
35[deg]54'31'' N, longitude 075[deg]39'42'' W from 8 p.m. until 10 p.m.
on September 26, 2014. All geographic coordinates are North American
Datum 1983 (NAD 83). The effect of this temporary safety zone will be
to restrict navigation in the regulated area during the fireworks
display.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Sector North
Carolina or his designated representative. The Captain of the Port or
his designated representative may be contacted via VHF Channel 16.
Notification of the temporary safety zone will be provided to the
public via marine information broadcasts.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the area, the effect of this rule will not be
significant because: (i) The safety zone will only be in effect from 8
p.m. to 10 p.m. on September 26, 2014, (ii) the Coast Guard will give
advance notification via maritime advisories so mariners can adjust
their plans accordingly, and (iii) although the safety zone will apply
to the section of Shallowbag Bay, vessel traffic will be able to
transit safely around the safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
through or anchor in the specified portion of Shallowbag Bay on
September 26, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will only be in effect for two hours, from 8 p.m. to 10 p.m.
Although the safety zone will apply to a section of Shallowbag Bay,
vessel traffic will be able to transit safely around the safety zone.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to the users of the waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 51492]]
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
establishes a temporary safety zone to protect the public from
fireworks fallout. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T05-0723 to read as follows:
Sec. 165.T05-0723 Safety Zone, Shallowbag Bay; Manteo, NC.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. 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: This safety zone
will encompass all waters on Shallowbag Bay within a 200 yard radius of
a barge anchor in position 35[deg]54'31'' N, longitude 075[deg]39'42''
W. All geographic coordinates are North American Datum 1983 (NAD 83).
(c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
(2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number (910) 343-3882 or by radio on
VHF Marine Band Radio, channels 13 and 16.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 8 p.m.
to 10 p.m. on September 26, 2014 unless cancelled earlier by the
Captain of the Port.
Dated: August 14, 2014.
S. R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2014-20675 Filed 8-28-14; 8:45 am]
BILLING CODE 9110-04-P