Safety Zone, Shallowbag Bay; Manteo, NC, 43085-43087 [2016-15700]

Download as PDF 43085 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations Puget Sound Zone during the dates and times noted under SUPPLEMENTARY INFORMATION. This action is necessary to prevent injury and to protect life and property of the maritime public from the hazards associated with the firework displays. During the enforcement periods, entry into, transit through, mooring, or anchoring within these safety zones is prohibited unless authorized by the Captain of the Port, Puget Sound or their Designated Representative. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–0063] Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Zone—July 2016 Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The regulations in 33 CFR 165.1332 will be enforced for the five safety zones listed under SUPPLEMENTARY INFORMATION during the dates and times specified. DATES: The Coast Guard will enforce five safety zones for annual firework displays in the Captain of the Port, SUMMARY: If you have questions on this notice of enforcement, call or email MST1 Wayne Lau, Sector Puget Sound Waterways Management, Coast Guard; telephone 206–217–6051, SectorPugetSoundWWM@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the following five safety zones established for Annual Fireworks Displays within the Captain of the Port, Puget Sound Area of Responsibility in 33 CFR 165.1332 during the dates and times noted in the table below. The following safety zones will be enforced from 5 p.m. on July 4, 2016, through 1 a.m. on July 5, 2016: SUPPLEMENTARY INFORMATION: Event name Location Latitude Longitude Tacoma Freedom Fair ............ Des Moines Fireworks ............ Three Tree Point Community Fireworks. Roche Harbor Fireworks ......... Deer Harbor Annual Fireworks Display. Commencement Bay .............. Des Moines ............................ Three Tree Point .................... 47°17.103′ N .......................... 47°24.117′ N .......................... 47°27.033′ N .......................... 122°28.410 W ........................ 122°20.033′ W ........................ 122°23.15′ W .......................... 300 yds. 200 yds. 200 yds. Roche Harbor ......................... Deer Harbor ............................ 48°36.7′ N .............................. 48°37.0′ N .............................. 123°09.5′ W ............................ 123°00.25′ W .......................... 200 yds. 150 yds. asabaliauskas on DSK3SPTVN1PROD with RULES The special requirements listed in 33 CFR 165.1332(b) apply to the activation and enforcement of these safety zones. All vessel operators who desire to enter the safety zone must obtain permission from the Captain of the Port or their Designated Representative by contacting the Coast Guard Sector Puget Sound Joint Harbor Operations Center (JHOC) on VHF Ch 13 or Ch 16 or via telephone at (206) 217–6002. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice of enforcement is issued under authority of 33 CFR 165.1332 and 5 U.S.C. 552(a). In addition to the publication of this document in the Federal Register, the Coast Guard will provide the maritime community with extensive advanced notification of enforcement of these safety zones via the Local Notice to Mariners and marine information broadcasts on the day of the events. Dated: June 27, 2016. M.W. Raymond, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2016–15634 Filed 6–30–16; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:44 Jun 30, 2016 Jkt 238001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0131] RIN 1625–AA00 Safety Zone, Shallowbag Bay; Manteo, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Shallowbag Bay in Manteo, North Carolina. This action is necessary to provide the safety of mariners on navigable waters to protect the life and property of the maritime public and spectators from the hazards posed by aerial fireworks display. Entry into or movement within the safety zone during the enforcement period is prohibited without approval of the Captain of the Port. DATES: This rule is effective from 9 p.m. on July 4, 2016, through 10:30 p.m. on July 5, 2016. The safety zone created by this rule will be subject to enforcement from 9 p.m. to 10:30 p.m. on July 4, 2016. The safety zone will also be subject to enforcement from 9 p.m. to 10:30 p.m. on July 5, 2016, if the fireworks display is postponed because of adverse weather. SUMMARY: PO 00000 Frm 00103 Fmt 4700 Sfmt 4700 Radius To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0131 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Derek J. Burrill, Waterways Management Division Chief, Sector North Carolina, Coast Guard; telephone (910) 772–2230, email Derek.J.Burrill@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On July 4, 2016, fireworks will be launched from a barge located in Shallowbag Bay in Manteo, North Carolina as part of the Manteo July 4th Celebration. The Captain of the Port North Carolina is establishing a temporary safety zone on specified waters of Shallowbag Bay within a 200yard radius of a barge anchored in approximate position 35°54′31″ N., longitude 075°39′46″ W. (NAD 1983). This safety zone will be effective and E:\FR\FM\01JYR1.SGM 01JYR1 43086 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations enforced from 9 p.m. to 10:30 p.m. on July 4, 2016 with a rain date being July 5, 2016 from 9 p.m. to 10:30 p.m. Access to the safety zone will be restricted during the specified dates and times. On April 26, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone, Shallowbag Bay; Manteo, NC (81 FR 24521). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended May 11, 2016, we received no comments. 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. Given the date of the fireworks display, it is impracticable to delay the effective date of this rule beyond July 4, 2016. asabaliauskas on DSK3SPTVN1PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port North Carolina (COTP) has determined that potential hazards associated with the aerial fireworks on July 4, 2016 or July 5, 2016 will be a safety concern for anyone within a 200-yard radius of a barge anchored in approximate position 35°54′31″ N., longitude 075°39′46″ W. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published April 26, 2016. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone from 9 p.m. to 10:30 p.m. on July 4, 2016 with a rain date being July 5, 2016 from 9 p.m. to 10:30 p.m. The safety zone will cover all navigable waters within 200 yards radius of a barge anchored in approximate position 35°54′31″ N., longitude 075°39′46″ W. in Shallowbag Bay in Manteo, NC. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 9 p.m. to 10:30 p.m. fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and VerDate Sep<11>2014 16:44 Jun 30, 2016 Jkt 238001 Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The primary impact of these regulations will be on limiting all vessels wishing to transit the affected waterways during enforcement of the safety zone on the waters of Shallowbag Bay within a 200-yard radius of a barge anchor in approximate position 35°54′31″ N., longitude 075°39′46″ W. on July 04, 2016 from 9 p.m. to 10:30 p.m. with a rain date being July 5, 2016 from 9 p.m. to 10:30 p.m. Although these regulations prevent traffic from transiting a portion of Shallowbag Bay during this event, that restriction is limited in duration, affects only a limited area, and will be well publicized to allow mariners to make alternative plans for transiting the affected area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business Administration on this rulemaking. 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. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. PO 00000 Frm 00104 Fmt 4700 Sfmt 4700 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. 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. C. 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). D. Federalism and Indian Tribal Governments 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E:\FR\FM\01JYR1.SGM 01JYR1 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. 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(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone to limit all vessels within a 200 yard radius of a barge anchor in approximate position 35°54′31″ N., longitude 075°39′46″ W. on July 4, 2016 from 9 p.m. to 10:30 p.m. with a rain date being July 5, 2016 from 9 p.m. to 10:30 p.m. to protect life and property of mariners from the dangers associated with aerial fireworks. It 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. G. 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. asabaliauskas on DSK3SPTVN1PROD with RULES List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 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. 2. Add § 165.T05–0131 to read as follows: ■ § 165.T05–0131 Safety Zone, Shallowbag Bay; Manteo, North Carolina. (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: All waters of Shallowbag Bay within a 200 yard radius of a barge anchored in position 35°54′31″ N., longitude 075°39′46″ W. (NAD 1983). (c) Regulations. (1) The general regulations in § 165.23 apply to the area described in paragraph (b) of this section. (2) Persons or vessels requesting 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. The Captain of the Port or his designated representative 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 9 p.m. to 10:30 p.m. on July 4, 2016, or a rain date of July 5, 2016, unless cancelled earlier by the Captain of the Port. Dated: June 9, 2016. P.J. Hill, Captain, U.S. Coast Guard, Captain of the Port North Carolina. [FR Doc. 2016–15700 Filed 6–30–16; 8:45 am] BILLING CODE 9110–04–P For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: VerDate Sep<11>2014 16:44 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4700 Sfmt 4700 43087 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0331] RIN 1625–AA00 Safety Zone; Confluence of James River and Appomattox River, Hopewell, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the navigable waters of the confluence of the James River and the Appomattox River in Hopewell, Virginia. This safety zone will restrict vessel movement within a 700-foot radius of the fireworks barge during the fireworks display for the City of Hopewell centennial celebration. This action is necessary to provide for the safety of life and property on the surrounding navigable waters during the fireworks display. DATES: This rule is effective and will be enforced from 8 p.m. through 10:45 p.m. on July 2, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0331 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard; telephone 757–668–5580, email HamptonRoadsWaterway@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 E:\FR\FM\01JYR1.SGM 01JYR1

Agencies

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43085-43087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15700]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0131]
RIN 1625-AA00


Safety Zone, Shallowbag Bay; Manteo, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Shallowbag Bay in Manteo, North Carolina. This 
action is necessary to provide the safety of mariners on navigable 
waters to protect the life and property of the maritime public and 
spectators from the hazards posed by aerial fireworks display. Entry 
into or movement within the safety zone during the enforcement period 
is prohibited without approval of the Captain of the Port.

DATES: This rule is effective from 9 p.m. on July 4, 2016, through 
10:30 p.m. on July 5, 2016. The safety zone created by this rule will 
be subject to enforcement from 9 p.m. to 10:30 p.m. on July 4, 2016. 
The safety zone will also be subject to enforcement from 9 p.m. to 
10:30 p.m. on July 5, 2016, if the fireworks display is postponed 
because of adverse weather.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0131 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Derek J. Burrill, Waterways Management Division 
Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, 
email Derek.J.Burrill@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 4, 2016, fireworks will be launched from a barge located in 
Shallowbag Bay in Manteo, North Carolina as part of the Manteo July 4th 
Celebration. The Captain of the Port North Carolina is establishing a 
temporary safety zone on specified waters of Shallowbag Bay within a 
200-yard radius of a barge anchored in approximate position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. (NAD 1983). This safety 
zone will be effective and

[[Page 43086]]

enforced from 9 p.m. to 10:30 p.m. on July 4, 2016 with a rain date 
being July 5, 2016 from 9 p.m. to 10:30 p.m. Access to the safety zone 
will be restricted during the specified dates and times. On April 26, 
2016, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone, Shallowbag Bay; Manteo, NC (81 FR 24521). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended May 11, 2016, we received no comments.
    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. Given the date of the fireworks 
display, it is impracticable to delay the effective date of this rule 
beyond July 4, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port North Carolina (COTP) has determined that 
potential hazards associated with the aerial fireworks on July 4, 2016 
or July 5, 2016 will be a safety concern for anyone within a 200-yard 
radius of a barge anchored in approximate position 35[deg]54'31'' N., 
longitude 075[deg]39'46'' W. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
26, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 9 p.m. to 10:30 p.m. on 
July 4, 2016 with a rain date being July 5, 2016 from 9 p.m. to 10:30 
p.m. The safety zone will cover all navigable waters within 200 yards 
radius of a barge anchored in approximate position 35[deg]54'31'' N., 
longitude 075[deg]39'46'' W. in Shallowbag Bay in Manteo, NC. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 9 p.m. 
to 10:30 p.m. fireworks display. No vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The primary impact of these regulations will be on limiting all 
vessels wishing to transit the affected waterways during enforcement of 
the safety zone on the waters of Shallowbag Bay within a 200-yard 
radius of a barge anchor in approximate position 35[deg]54'31'' N., 
longitude 075[deg]39'46'' W. on July 04, 2016 from 9 p.m. to 10:30 p.m. 
with a rain date being July 5, 2016 from 9 p.m. to 10:30 p.m. Although 
these regulations prevent traffic from transiting a portion of 
Shallowbag Bay during this event, that restriction is limited in 
duration, affects only a limited area, and will be well publicized to 
allow mariners to make alternative plans for transiting the affected 
area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

[[Page 43087]]

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a safety zone to limit all vessels 
within a 200 yard radius of a barge anchor in approximate position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. on July 4, 2016 from 9 
p.m. to 10:30 p.m. with a rain date being July 5, 2016 from 9 p.m. to 
10:30 p.m. to protect life and property of mariners from the dangers 
associated with aerial fireworks. It 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.

G. 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.

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 Sec.  165.T05-0131 to read as follows:


Sec.  165.T05-0131  Safety Zone, Shallowbag Bay; Manteo, North 
Carolina.

    (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: All waters of 
Shallowbag Bay within a 200 yard radius of a barge anchored in position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. (NAD 1983).
    (c) Regulations. (1) The general regulations in Sec.  165.23 apply 
to the area described in paragraph (b) of this section.
    (2) Persons or vessels requesting 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. The Captain of the 
Port or his designated representative 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 9 p.m. 
to 10:30 p.m. on July 4, 2016, or a rain date of July 5, 2016, unless 
cancelled earlier by the Captain of the Port.

    Dated: June 9, 2016.
P.J. Hill,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-15700 Filed 6-30-16; 8:45 am]
BILLING CODE 9110-04-P