Safety Zone, Fourth of July Fireworks Patriots Point, Charleston, SC, 30898-30900 [2019-13769]
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
seeking permission to enter the safety
zones may request permission from the
Captain of the Port Buffalo via channel
16, VHF–FM. Vessels and persons
granted permission to enter the safety
zones shall obey the directions of the
Captain of the Port Buffalo or a
designated representative. While within
a safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice of
enforcement he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
respective safety zone.
Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2019–13881 Filed 6–27–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0372]
RIN 1625–AA00
Safety Zone, Fourth of July Fireworks
Patriots Point, Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Cooper
River at Patriot’s Point in Charleston,
SC. This action is necessary to provide
for the safety of the general public,
spectators, vessels, and the marine
environment from potential hazards
during a fireworks display. This
rulemaking will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from 7:45
p.m. to 9:15 p.m. on July 4, 2019.
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SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0372 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 Lieutenant Chad Ray, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email Chad.L.Ray@
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 April 10, 2019, the Patriots Point
Naval and Maritime Museum notified
the Coast Guard that it would be
conducting a fireworks display from 8
p.m. to 9 p.m. on July 4, 2019. The
fireworks will be launched from a barge
along the bank of the Cooper River at
Patriot’s Point in Charleston, SC.
Hazards from fireworks displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. In response to
their request, on June 4, 2019, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Fourth of July Fireworks Patriots Point,
Charleston, SC’’ (84 FR 25723). 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 June 19, 2019, 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. Delaying the effective date of
this rule would be contrary to public
interest because we must establish this
safety zone by July 4, 2019 to ensure the
protection of the general public from the
dangers associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously U.S.C. 1231) The COTP
Charleston has determined that
potential hazards associated with the
fireworks display will be a safety
concern for anyone within 500-yards of
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the barge from which fireworks will be
launched. The purpose of the rule is to
ensure the safety of participants,
spectators, the general public, vessels
and the navigable waters in the safety
zone before, during and after the
scheduled event.
IV. Discussion of the Rule
As noted above, we received no
comments on our NPRM that published
on June 4, 2019. 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 7:45 p.m. to 9:15 p.m. on July 4,
2019. The safety zone will cover certain
navigable waters within 500 yards of the
fireworks barge located at Patriot’s Point
on the Cooper River in Charleston, SC.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 8 p.m. to 9 p.m.
fireworks display. No vessel or person
will be permitted to enter, transit
through, anchor in or remain within the
safety zone without obtaining
permission from the COTP or a
designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a designated
representative. The Coast Guard will
provide notice of the safety zone by
Local Notice to Mariners, Broadcast
Notice to Mariners, or by on-scene
designated representatives.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
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from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone: The
safety zone will only be enforced for an
hour and a half, and 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, vessel traffic
will be able to safely operate in the
surrounding area during the
enforcement period and the rule would
allow vessels to seek permission to enter
the zone. Moreover, 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 via
VHF–FM marine channel 16.
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 zero
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.
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
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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. 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
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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
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30899
significant effect on the human
environment. This rule involves a safety
zone lasting only one and a half hours
that will prohibit entry within 500 yards
of a barge from which fireworks will be
launched. It is categorically excluded
from further review under paragraph
L60(A) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T07–0372 to read as
follows:
■
§ 165.T07–0372 Safety Zone; Patriots Point
Fireworks, Charleston, SC.
(a) Location. This rule establishes a
safety zone on all waters within a 500yard radius of the barge, from which
fireworks will be launched on the bank
of the Cooper River at Patriot’s Point in
Charleston, SC.
(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 areas.
(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
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
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, or by on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced on July 4, 2019 from 7:45
p.m. until 9:15 p.m.
Dated: June 21, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
[FR Doc. 2019–13769 Filed 6–27–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0418]
Safety Zones; Northern California and
Lake Tahoe Area Annual Fourth of July
Fireworks Events
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
numerous safety zones within the
Captain of the Port San Francisco Zone
on specified dates and times in
celebration of the Fourth of July. This
action is necessary to protect personnel,
vessels, and the marine environment
from the dangers associated with
SUMMARY:
pyrotechnics. Our regulation for marine
events within Northern California and
the Lake Tahoe area identifies the
regulated area for these events. During
the enforcement period, unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the regulated areas without
permission of the Captain of the Port or
a designated representative.
DATES: The regulations in 33 CFR
165.1191, Table 1, will be enforced for
the dates and times identified in the
SUPPLEMENTARY INFORMATION section
below.
If
you have questions on this notice of
enforcement, call or email Lieutenant
Junior Grade Jennae Cotton, Waterways
Management, U.S. Coast Guard;
telephone (415) 399–3585, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.1191, Table 1, Item
numbers 3, 4, 8, 9, 10, 11, 13, 14, 15,
16, 17, 18, 19, and 28. Dates, times, and
locations are indicated in the table
below and will be published in the
Local Notice to Mariners at least 20 days
prior to the date of each of the events.
FOR FURTHER INFORMATION CONTACT:
3. Fourth of July Fireworks, City of Eureka
Sponsor ...........................................
Event Description ............................
Date .................................................
Time ................................................
Location ...........................................
Regulated Area ...............................
City of Eureka, CA.
Fireworks Display.
July 4, 2019.
From noon on July 3, 2019 to 9:30 p.m. on July 4, 2019, the barge will load, transit, and stage at the display location. From 9:30 p.m. until approximately 10:55 p.m. on July 4, 2019, the safety zone will encompass all navigable waters within a 1,000-foot radius of the fireworks barge.
The barge will load at Schneider Dock and transit to the display location in Humboldt Bay, CA, at approximate position 40°48.49′ N, 124°10.11′ W.
100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks
barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.
4. Fourth of July Fireworks, Crescent City
Sponsor ...........................................
Event Description ............................
Date .................................................
Time ................................................
Location ...........................................
Regulated Area ...............................
Crescent City, CA.
Fireworks Display.
July 4, 2019.
From 9:30 p.m. until approximately 10:20 p.m. on July 4, 2019.
The West Jetty of Crescent City Harbor, Crescent City, CA, at approximate position 41°44′39″ N,
124°11′58″ W.
Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the
West Jetty.
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8. Fourth of July Fireworks, Berkeley Marina
Sponsor ...........................................
Event Description ............................
Date .................................................
Time ................................................
Location ...........................................
Regulated Area ...............................
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Berkeley Marina.
Fireworks Display.
July 4, 2019.
From 9 a.m. to 9 p.m. on July 4, 2019, the barge will load, transit, and stage at the display location. From
9 p.m. until approximately 10:20 p.m. on July 4, 2019, the safety zone will encompass all navigable
waters within a 1,000-foot radius of the fireworks barge.
The barge will load at Pier 50 in San Francisco, CA and transit to the display location near Berkeley Pier
at approximate position 37°51′40″ N, 122°19′19″ W.
100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement
of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.
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]]>Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30898-30900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13769]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0372]
RIN 1625-AA00
Safety Zone, Fourth of July Fireworks Patriots Point, Charleston,
SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Cooper River at Patriot's Point in
Charleston, SC. This action is necessary to provide for the safety of
the general public, spectators, vessels, and the marine environment
from potential hazards during a fireworks display. This rulemaking will
prohibit persons and vessels from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port Charleston or a designated representative.
DATES: This rule is effective from 7:45 p.m. to 9:15 p.m. on July 4,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0372 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 Lieutenant Chad Ray, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
[email protected].
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 April 10, 2019, the Patriots Point Naval and Maritime Museum
notified the Coast Guard that it would be conducting a fireworks
display from 8 p.m. to 9 p.m. on July 4, 2019. The fireworks will be
launched from a barge along the bank of the Cooper River at Patriot's
Point in Charleston, SC. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. In response to their request, on June 4,
2019, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Safety Zone; Fourth of July Fireworks Patriots Point,
Charleston, SC'' (84 FR 25723). 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 June 19, 2019,
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. Delaying the effective date of
this rule would be contrary to public interest because we must
establish this safety zone by July 4, 2019 to ensure the protection of
the general public from the dangers associated with the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously U.S.C. 1231) The COTP Charleston has determined that
potential hazards associated with the fireworks display will be a
safety concern for anyone within 500-yards of the barge from which
fireworks will be launched. The purpose of the rule is to ensure the
safety of participants, spectators, the general public, vessels and the
navigable waters in the safety zone before, during and after the
scheduled event.
IV. Discussion of the Rule
As noted above, we received no comments on our NPRM that published
on June 4, 2019. 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 7:45 p.m. to 9:15 p.m. on
July 4, 2019. The safety zone will cover certain navigable waters
within 500 yards of the fireworks barge located at Patriot's Point on
the Cooper River in Charleston, SC. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 8 p.m. to 9 p.m. fireworks
display. No vessel or person will be permitted to enter, transit
through, anchor in or remain within the safety zone without obtaining
permission from the COTP or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the COTP or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the COTP or a designated representative. The Coast
Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, or by on-scene designated
representatives.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
[[Page 30899]]
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone: The safety zone
will only be enforced for an hour and a half, and 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, vessel traffic will be able
to safely operate in the surrounding area during the enforcement period
and the rule would allow vessels to seek permission to enter the zone.
Moreover, 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 via VHF-FM marine channel 16.
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 zero 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.
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. 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 a safety zone lasting only one and a
half hours that will prohibit entry within 500 yards of a barge from
which fireworks will be launched. It is categorically excluded from
further review under paragraph L60(A) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
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: 46 U.S.C. 70034, 70051; 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.T07-0372 to read as follows:
Sec. 165.T07-0372 Safety Zone; Patriots Point Fireworks, Charleston,
SC.
(a) Location. This rule establishes a safety zone on all waters
within a 500-yard radius of the barge, from which fireworks will be
launched on the bank of the Cooper River at Patriot's Point in
Charleston, SC.
(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
areas.
(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
[[Page 30900]]
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, or by on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced on July 4, 2019
from 7:45 p.m. until 9:15 p.m.
Dated: June 21, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2019-13769 Filed 6-27-19; 8:45 am]
BILLING CODE 9110-04-P
