Safety Zones; Fourth of July Fireworks Displays, Murrells Inlet and North Myrtle Beach, SC, 37545-37547 [2015-15936]
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule establishes a
temporary safety zone from mile 0.5
Ohio River up-bound to mile 0.5 on the
Allegheny River and mile 0.5 on the
Monongahela River, extending the
entire width of the rivers. This rule is
categorically excluded from further
review under paragraph 34(g) of figure
2–1 of the Commandant Instruction an
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
COTP Pittsburgh or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP
Pittsburgh or a designated
representative. The COTP Pittsburgh
representative may be contacted at 412–
221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP Pittsburgh or their designated
representative. Designated COTP
representatives include United States
Coast Guard commissioned, warrant,
and petty officers.
(d) Information broadcasts. The COTP
Pittsburgh or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
Dated: June 15, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port.
[FR Doc. 2015–16251 Filed 6–30–15; 8:45 am]
BILLING CODE 9110–04–P
Table of Acronyms
Coast Guard
A. Regulatory History and Information
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
[Docket No. USCG–2015–0529]
■
RIN 1625–AA00
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Safety Zones; Fourth of July Fireworks
Displays, Murrells Inlet and North
Myrtle Beach, SC
Coast Guard, DHS.
Temporary final rule.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
2. A new temporary § 165.T08–0436 is
added to read as follows:
SUMMARY:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 165.T08–0436 Safety Zone; Three Rivers
Regatta/Three River Regatta and Fireworks,
Ohio River mile 0.5 to mile 0.5 on the
Allegheny River and mile 0.5 on the
Monongahela River; Pittsburgh, PA.
(a) Location. The following area is a
safety zone: Ohio River mile 0.5 to mile
0.5 on the Allegheny River and mile 0.5
on the Monongahela River.
(b) Effective date. This rule is
effective, and will be enforced through
actual notice, from July 3, 2015 through
July 5, 2015 from 12:00 p.m. through
10:00 p.m., daily.
17:34 Jun 30, 2015
Jkt 235001
This rule is effective on July 4,
2015 and will be enforced from 9:30
p.m. until 9:50 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0529. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with thie
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the U.S.
Department of Transportation, West
Building, 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, U.S. 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:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
37545
ACTION:
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.
PO 00000
Frm 00015
Fmt 4700
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NPRM
Notice of proposed rulemaking
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 June 5,
2015. As a result, the notice and
opportunity procedures were
impracticable because 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 impracticable and
contrary to the public interest because
immediate action is needed to minimize
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01JYR1
37546
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
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.
tkelley on DSK3SPTVN1PROD with RULES
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; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; 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
Two fireworks displays are planned
for Fourth of July celebrations in the
vicinity of Myrtle Beach in the Captain
of the Port Charleston Zone. The
fireworks will be launched from piers.
The fireworks will be aimed to explode
over navigable waters of the United
States. The Coast Guard is establishing
two temporary safety zones for these
Fourth of July fireworks displays.
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 9:30
p.m. until 9:50 p.m. on July 4, 2015.
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 9:30
p.m. until 9:50 p.m. on July 4, 2015.
Persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within either
safety zone 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 either safety
zone 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 either safety zone 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
VerDate Sep<11>2014
17:34 Jun 30, 2015
Jkt 235001
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 twenty minutes;
(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
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.
Based on its short duration, limited
geographic area, and for the reasons
discussed in the Regulatory Planning
and Review section above, this rule will
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Fmt 4700
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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
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
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
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
17:34 Jun 30, 2015
Jkt 235001
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 involves safety
zones during Fourth of July Fireworks
displays near Murrells Inlet and North
Myrtle Beach, South Carolina. 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.
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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
37547
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.
(d) Effective period. This rule will be
effective on July 4, 2015 and enforced
from 9:30 p.m. until 9:50 p.m.
Dated: June 17, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2015–15936 Filed 6–30–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
2. Add a temporary § 165.T07–0529 to
read as follows:
40 CFR Part 180
§ 165.T07–0529 Safety Zone; Fourth of
July Fireworks Displays, in vicinity of Myrtle
Beach, Myrtle Beach, SC.
Cuprous Oxide; Exemption From the
Requirement of a Tolerance
■
(a) Regulated Area. The following
regulated areas are safety zones.
(1) Murrells Inlet, South Carolina. All
waters within a 500 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) 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.
(c) 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
PO 00000
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[EPA–HQ–OPP–2014–0865; FRL–9929–51]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation amends the
tolerance exemption for copper in/on
meat, milk, poultry, eggs, fish, shellfish,
and irrigated crops when it results from
the use of cuprous oxide embedded in
polymer emitter heads used in irrigation
systems for root incursion prevention.
This regulation eliminates the need to
establish a maximum permissible level
for residues of copper resulting from
this use of cuprous oxide.
DATES: This regulation is effective July
1, 2015. Objections and requests for
hearings must be received on or before
August 31, 2015, 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)
SUMMARY:
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01JYR1
]]>Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37545-37547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15936]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0529]
RIN 1625-AA00
Safety Zones; Fourth of July Fireworks Displays, Murrells Inlet
and North Myrtle Beach, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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, 2015 and will be enforced from
9:30 p.m. until 9:50 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0529. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with thie rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the U.S. Department of Transportation, West Building, 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, U.S. 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
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 June 5, 2015. As a
result, the notice and opportunity procedures were impracticable
because 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 impracticable and
contrary to the public interest because immediate action is needed to
minimize
[[Page 37546]]
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
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
Two fireworks displays are planned for Fourth of July celebrations
in the vicinity of Myrtle Beach in the Captain of the Port Charleston
Zone. The fireworks will be launched from piers. The fireworks will be
aimed to explode over navigable waters of the United States. The Coast
Guard is establishing two temporary safety zones for these Fourth of
July fireworks displays.
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 9:30 p.m. until 9:50 p.m. on July 4, 2015.
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 9:30 p.m. until 9:50 p.m. on July 4, 2015.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within either safety zone 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 either safety zone 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
either safety zone 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 twenty minutes; (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 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.
Based on its short duration, limited geographic area, and 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
[[Page 37547]]
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 involves safety zones during Fourth of
July Fireworks displays near Murrells Inlet and North Myrtle Beach,
South Carolina. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0529 to read as follows:
Sec. 165.T07-0529 Safety Zone; Fourth of July Fireworks Displays, in
vicinity of Myrtle Beach, Myrtle Beach, SC.
(a) Regulated Area. The following regulated areas are safety zones.
(1) Murrells Inlet, South Carolina. All waters within a 500 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) 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.
(c) 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.
(d) Effective period. This rule will be effective on July 4, 2015
and enforced from 9:30 p.m. until 9:50 p.m.
Dated: June 17, 2015.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2015-15936 Filed 6-30-15; 8:45 am]
BILLING CODE 9110-04-P
