Safety Zone, Shallowbag Bay; Manteo, NC, 51490-51492 [2014-20675]

Download as PDF 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 wreier-aviles on DSK5TPTVN1PROD with RULES DATES: VerDate Mar<15>2010 15:18 Aug 28, 2014 Jkt 232001 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: PO 00000 Frm 00038 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 E:\FR\FM\29AUR1.SGM 29AUR1 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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. VerDate Mar<15>2010 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.). PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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. E:\FR\FM\29AUR1.SGM 29AUR1 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 [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 http://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 http://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 E:\FR\FM\29AUR1.SGM 29AUR1

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]


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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