[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Rules and Regulations]
[Page 62117-62119]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-07-088]
RIN 1625-AA00
Safety Zone: Holiday Flotilla Fireworks Display, Motts Channel/
Banks Channel, Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard proposes the establishment of a 1,000 foot
safety zone around a fireworks display for the North Carolina Holiday
Flotilla occurring on November 24, 2007, on Motts Channel/ Banks
Channel, Wrightsville Beach, NC. This action is intended to restrict
vessel traffic on Motts Channel. This safety zone is necessary to
protect mariners from the hazards associated with fireworks displays.
DATES: This rule will be effective from 6 p.m. to 8 p.m. on November
24, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, NC
28512. Sector North Carolina maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for
[[Page 62118]]
inspection or copying at the Federal Building Fifth Coast Guard
District between 9 a.m. and 2 p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Chief Todd C. Mann, Marine
Environmental Response Branch, Coast Guard Marine Safety Unit
Wilmington, North Carolina at (910) 772-2216.
SUPPLEMENTARY INFORMATION:
Regulatory Information
A Notice of Proposed Rulemaking Holiday Flotilla Fireworks Display,
Motts Channel/Banks Channel, Wrightsville Beach, North Carolina was
published on September 14, 2007 for review in the Federal Register. (72
FR 52534). We received no comments on the proposed rule. No public
hearing was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. This safety zone is a necessary measure to help
the community safely enjoy a holiday fireworks display. It is in the
public interest to protect mariners from the hazards associate with
fireworks displays and for this reason the Coast Guard is taking the
necessary preventative measure of establishing this zone.
Background and Purpose
On November 24, 2007, the North Carolina Holiday Flotilla fireworks
display will be held adjacent to Motts Channel/Banks Channel,
Wrightsville Beach, NC. Spectators will be observing from both the
shore and from vessels. Due to the need of protection of mariners and
spectators from the hazards associated with the fireworks display,
vessel traffic will be temporarily restricted.
Discussion of Comments and Changes
No comments were received.
Discussion of Rule
The Coast Guard is establishing a safety zone on specified waters
of Motts Channel. The regulated area will consist of a 1000 foot safety
zone around Bird Island position latitude 34[deg]12'41'' N, longitude
077[deg]48'26'' W, which is located south of the Seapath Yacht Club,
Wrightsville Beach, NC. The safety zone will be enforced from 6 p.m. to
8 p.m. on November 24, 2007. General navigation in the safety zone will
be restricted during the event. Except for participants and vessels
authorized by the Captain of the Port Representative, no person or
vessel may enter or remain in the regulated area.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation restricts access to the
regulated area, the effect of this rule will not be significant
because: (i) The COTP may authorize access to the safety zone; (ii) the
safety zone will be in effect for a limited duration; and (iii) the
Coast Guard will make advance notifications via maritime advisories so
mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
transit or anchor in that portion of Motts Channel/Banks Channel
November 24, 2007 between the hours of 6 p.m. and 8 p.m. The safety
zone will not have a significant impact on a substantial number of
small entities, because the zone will only be in place for a limited
amount of time and maritime advisories will be issued in advance, so
the mariners can adjust their plans accordingly.
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 so that they can better evaluate
its effects on them and participate in the rulemaking. 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 LTJG Adam Schmid, Response
Division, Coast Guard Marine Safety Unit, Wilmington, North Carolina at
(910) 772-2191. 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 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 U. S. 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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to
[[Page 62119]]
minimize litigation, eliminate ambiguity, and reduce burden.
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 might
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(g), of the Instruction, an ``Environmental Analysis
Check List'' is required for this rule. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 Subpart C 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-123, to read as follows:
Sec. 165.T05-123 Safety Zone: Motts Channel/ Banks Channel,
Wrightsville Beach, North Carolina
(a) Location: The following area is a safety zone: All waters of
Motts Channel/Banks Channel within 1000 feet of Bird Island at
Wrightsville Beach, NC, approximate position latitude
34[deg]12[min]41[sec] N, longitude 077[deg]48[min]26[sec] W in the
Captain of the Port Sector North Carolina zone as defined in 33 CFR
3.25-20.
(b) Definition. As used in this section the ``on scene
representative'' means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his behalf.
(c) Regulation: (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or the on scene representative.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
U.S. Coast Guard Ensign;
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
(3) Persons or vessels requiring entry into or passage within the
safety zone must request authorization from the Captain of the Port,
Sector North Carolina or his on scene representative by telephone at
(252) 247-4570 or (252) 247-4571 or by marine band radio on VHF channel
16 (156.8 MHz).
(d) Enforcement period: This regulation will be enforced from 6
p.m. to 8 p.m. on November 24, 2007.
Dated: October 10, 2007.
William D. Lee,
Captain, U.S. Coast Guard, Sector North Carolina.
[FR Doc. E7-21589 Filed 11-1-07; 8:45 am]
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