80_FR_37671 80 FR 37545 - Safety Zones; Fourth of July Fireworks Displays, Murrells Inlet and North Myrtle Beach, SC

80 FR 37545 - Safety Zones; Fourth of July Fireworks Displays, Murrells Inlet and North Myrtle Beach, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37545-37547
FR Document2015-15936

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.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37545-37547]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15936]


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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 http://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



                                                              Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations                                           37545

                                            14. Environment                                           (c) Regulations. (1) In accordance with              DATES:  This rule is effective on July 4,
                                              We have analyzed this rule under                      the general regulations in § 165.23 of                 2015 and will be enforced from 9:30
                                            Department of Homeland Security                         this part, entry into this zone is                     p.m. until 9:50 p.m.
                                            Management Directive 023–01 and                         prohibited unless authorized by the                    ADDRESSES: Documents mentioned in
                                            Commandant Instruction M16475.lD,                       COTP Pittsburgh or a designated                        this preamble are part of docket USCG–
                                            which guide the Coast Guard in                          representative.                                        2015–0529. To view documents
                                            complying with the National                               (2) Persons or vessels requiring entry               mentioned in this preamble as being
                                            Environmental Policy Act of 1969                        into or passage through the zone must                  available in the docket, go to http://
                                            (NEPA) (42 U.S.C. 4321–4370f), and                      request permission from the COTP                       www.regulations.gov, type the docket
                                            have determined that this action is one                 Pittsburgh or a designated                             number in the ‘‘SEARCH’’ box and click
                                            of a category of actions that do not                    representative. The COTP Pittsburgh                    ‘‘SEARCH.’’ Click on Open Docket
                                            individually or cumulatively have a                     representative may be contacted at 412–                Folder on the line associated with thie
                                            significant effect on the human                         221–0807.                                              rulemaking. You may also visit the
                                            environment. This rule establishes a                      (3) All persons and vessels shall                    Docket Management Facility in Room
                                            temporary safety zone from mile 0.5                     comply with the instructions of the                    W12–140 on the ground floor of the U.S.
                                            Ohio River up-bound to mile 0.5 on the                  COTP Pittsburgh or their designated                    Department of Transportation, West
                                            Allegheny River and mile 0.5 on the                     representative. Designated COTP                        Building, Room W12–140, 1200 New
                                            Monongahela River, extending the                        representatives include United States                  Jersey Avenue SE., Washington, DC
                                            entire width of the rivers. This rule is                Coast Guard commissioned, warrant,                     20590, between 9 a.m. and 5 p.m.,
                                            categorically excluded from further                     and petty officers.                                    Monday through Friday, except Federal
                                            review under paragraph 34(g) of figure                    (d) Information broadcasts. The COTP                 holidays.
                                            2–1 of the Commandant Instruction an                    Pittsburgh or a designated                             FOR FURTHER INFORMATION CONTACT: If
                                            environmental analysis checklist                        representative will inform the public                  you have questions on this temporary
                                            supporting this determination and a                     through broadcast notices to mariners of               final rule, call or email CWO
                                            Categorical Exclusion Determination are                 the enforcement period for the safety                  Christopher L. Ruleman, Sector
                                            available in the docket where indicated                 zone as well as any changes in the                     Charleston Office of Waterways
                                            under ADDRESSES. We seek any                            planned schedule.                                      Management, U.S. Coast Guard;
                                            comments or information that may lead                     Dated: June 15, 2015.                                telephone (843) 740–3184, email
                                            to the discovery of a significant                       L.N. Weaver,                                           christopher.l.ruleman@uscg.mil. If you
                                            environmental impact from this rule.                                                                           have questions on viewing the docket,
                                                                                                    Commander, U.S. Coast Guard, Captain of
                                            List of Subjects in 33 CFR Part 165                     the Port.                                              call Cheryl Collins, Program Manager,
                                                                                                    [FR Doc. 2015–16251 Filed 6–30–15; 8:45 am]            Docket Operations, telephone (202)
                                              Harbors, Marine safety, Navigation
                                                                                                                                                           366–9826.
                                            (water), Reporting and recordkeeping                    BILLING CODE 9110–04–P

                                            requirements, Security measures,                                                                               SUPPLEMENTARY INFORMATION:
                                            Waterways.                                                                                                     Table of Acronyms
                                                                                                    DEPARTMENT OF HOMELAND
                                              For the reasons discussed in the                      SECURITY                                               NPRM     Notice of proposed rulemaking
                                            preamble, the Coast Guard amends 33
                                            CFR part 165 as follows:                                Coast Guard                                            A. Regulatory History and Information
                                                                                                                                                              The Coast Guard is issuing this
                                            PART 165—REGULATED NAVIGATION                           33 CFR Part 165                                        temporary final rule without prior
                                            AREAS AND LIMITED ACCESS AREAS                                                                                 notice and opportunity to comment
                                                                                                    [Docket No. USCG–2015–0529]                            pursuant to authority under section 4(a)
                                            ■ 1. The authority citation for part 165
                                            continues to read as follows:                                                                                  of the Administrative Procedure Act
                                                                                                    RIN 1625–AA00                                          (APA) (5 U.S.C. 553(b)). This provision
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    authorizes an agency to issue a rule
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Safety Zones; Fourth of July Fireworks
                                            Department of Homeland Security Delegation              Displays, Murrells Inlet and North                     without prior notice and opportunity to
                                            No. 0170.1.                                             Myrtle Beach, SC                                       comment when the agency for good
                                                                                                                                                           cause finds that those procedures are
                                            PART 165—REGULATED NAVIGATION                           AGENCY:    Coast Guard, DHS.                           ‘‘impracticable, unnecessary, or contrary
                                            AREAS AND LIMITED ACCESS AREAS                          ACTION:   Temporary final rule.                        to the public interest.’’
                                                                                                                                                              Under 5 U.S.C. 553(b)(B), the Coast
                                            ■ 2. A new temporary § 165.T08–0436 is                  SUMMARY:   The Coast Guard is                          Guard finds that good cause exists for
                                            added to read as follows:                               establishing two temporary safety zones                not publishing a notice of proposed
                                            § 165.T08–0436 Safety Zone; Three Rivers                during Fourth of July Fireworks                        rulemaking (NPRM) with respect to this
                                            Regatta/Three River Regatta and Fireworks,              Displays on certain navigable waterways                rule because the Coast Guard did not
                                            Ohio River mile 0.5 to mile 0.5 on the                  in Murrells Inlet and North Myrtle                     receive necessary information regarding
                                            Allegheny River and mile 0.5 on the                     Beach, South Carolina. These safety                    the fireworks displays until June 5,
                                            Monongahela River; Pittsburgh, PA.                      zones are necessary to protect the public              2015. As a result, the notice and
                                              (a) Location. The following area is a                 from hazards associated with launching                 opportunity procedures were
                                            safety zone: Ohio River mile 0.5 to mile                fireworks over navigable waters of the                 impracticable because the Coast Guard
                                            0.5 on the Allegheny River and mile 0.5                 United States. Persons and vessels are                 did not have sufficient time to publish
tkelley on DSK3SPTVN1PROD with RULES




                                            on the Monongahela River.                               prohibited from entering, transiting                   an NPRM and to receive public
                                               (b) Effective date. This rule is                     through, anchoring in, or remaining                    comments prior to the fireworks
                                            effective, and will be enforced through                 within any of the safety zones unless                  displays. Any delay in the effective date
                                            actual notice, from July 3, 2015 through                authorized by the Captain of the Port                  of this rule would be impracticable and
                                            July 5, 2015 from 12:00 p.m. through                    Charleston or a designated                             contrary to the public interest because
                                            10:00 p.m., daily.                                      representative.                                        immediate action is needed to minimize


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                                            37546             Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

                                            potential danger to the public during the               Guard will provide notice of the safety                not have a significant economic impact
                                            fireworks displays.                                     zones by Broadcast Notice to Mariners,                 on a substantial number of small
                                               For the same reason discussed above,                 Marine Safety Information Bulletins,                   entities.
                                            under 5 U.S.C. 553(d)(3) the Coast                      and on-scene designated
                                            Guard finds that good cause exists for                                                                         3. Assistance for Small Entities
                                                                                                    representatives.
                                            making this rule effective less than 30                                                                           Under section 213(a) of the Small
                                            days after publication in the Federal                   D. Regulatory Analyses                                 Business Regulatory Enforcement
                                            Register.                                                 We developed this rule after                         Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                    considering numerous statutes and                      we want to assist small entities in
                                            B. Basis and Purpose                                    executive orders related to rulemaking.                understanding this rule. If the rule
                                              The legal basis for the rule is the                   Below we summarize our analyses                        would affect your small business,
                                            Coast Guard’s authority to establish                    based on these statutes and executive                  organization, or governmental
                                            regulated navigation areas and other                    orders.                                                jurisdiction and you have questions
                                            limited access areas: 33 U.S.C. 1231; 50                                                                       concerning its provisions or options for
                                                                                                    1. Regulatory Planning and Review
                                            U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                                                                             compliance, please contact the person
                                            6.04–6, and 160.5; Department of                           This rule is not a significant                      listed in the FOR FURTHER INFORMATION
                                            Homeland Security Delegation No.                        regulatory action under section 3(f) of                CONTACT section above.
                                            0170.1. The purpose of the rule is to                   Executive Order 12866, Regulatory                         Small businesses may send comments
                                            protect the public from the hazards                     Planning and Review, as supplemented                   on the actions of Federal employees
                                            associated with launching fireworks                     by Executive Order 13563, Improving                    who enforce, or otherwise determine
                                            over navigable waters of the United                     Regulation and Regulatory Review, and                  compliance with, Federal regulations to
                                            States.                                                 does not require an assessment of                      the Small Business and Agriculture
                                                                                                    potential costs and benefits under                     Regulatory Enforcement Ombudsman
                                            C. Discussion of Rule                                   section 6(a)(3) of Executive Order 12866               and the Regional Small Business
                                               Two fireworks displays are planned                   or under section 1 of Executive Order                  Regulatory Fairness Boards. The
                                            for Fourth of July celebrations in the                  13563. The Office of Management and                    Ombudsman evaluates these actions
                                            vicinity of Myrtle Beach in the Captain                 Budget has not reviewed it under those                 annually and rates each agency’s
                                            of the Port Charleston Zone. The                        orders. The economic impact of this rule               responsiveness to small business. If you
                                            fireworks will be launched from piers.                  is not significant for the following                   wish to comment on actions by
                                            The fireworks will be aimed to explode                  reasons: (1) The safety zone will only be              employees of the Coast Guard, call 1–
                                            over navigable waters of the United                     enforced for a total of twenty minutes;                888–REG–FAIR (1–888–734–3247). The
                                            States. The Coast Guard is establishing                 (2) although persons and vessels may                   Coast Guard will not retaliate against
                                            two temporary safety zones for these                    not enter, transit through, anchor in, or              small entities that question or complain
                                            Fourth of July fireworks displays.                      remain within the safety zone without                  about this rule or any policy or action
                                               1. Murrells Inlet, South Carolina. All               authorization from the Captain of the                  of the Coast Guard.
                                            waters within a 1,000 yard radius                       Port Charleston or a designated
                                            around Veterans Pier, from which the                    representative, they may operate in the                4. Collection of Information
                                            fireworks will be launched, located on                  surrounding area during the                               This rule will not call for a new
                                            the Atlantic Intracoastal Waterway. This                enforcement period; (3) persons and                    collection of information under the
                                            safety zone will be enforced from 9:30                  vessels may still enter, transit through,              Paperwork Reduction Act of 1995 (44
                                            p.m. until 9:50 p.m. on July 4, 2015.                   anchor in, or remain within the safety                 U.S.C. 3501–3520).
                                               2. North Myrtle Beach, South                         zone if authorized by the Captain of the
                                            Carolina. All waters within a 500 yard                  Port Charleston or a designated                        5. Federalism
                                            radius around Cherry Grove Pier, from                   representative; and (4) the Coast Guard                   A rule has implications for federalism
                                            which the fireworks will be launched,                   will provide advance notification of the               under Executive Order 13132,
                                            located on the Atlantic Ocean. This                     safety zone to the local maritime                      Federalism, if it has a substantial direct
                                            safety zone will be enforced from 9:30                  community by Local Notice to Mariners                  effect on States, on the relationship
                                            p.m. until 9:50 p.m. on July 4, 2015.                   and Broadcast Notice to Mariners.                      between the national government and
                                               Persons and vessels are prohibited                                                                          the States, or on the distribution of
                                            from entering, transiting through,                      2. Impact on Small Entities
                                                                                                                                                           power and responsibilities among the
                                            anchoring in, or remaining within either                   The Regulatory Flexibility Act of 1980              various levels of government. We have
                                            safety zone unless authorized by the                    (RFA), 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                            Captain of the Port Charleston or a                     requires federal agencies to consider the              determined that this rule does not have
                                            designated representative. Persons and                  potential impact of regulations on small               implications for federalism.
                                            vessels desiring to enter, transit through,             entities during rulemaking. The term
                                            anchor in, or remain within either safety               ‘‘small entities’’ comprises small                     6. Protest Activities
                                            zone may contact the Captain of the Port                businesses, not-for-profit organizations                  The Coast Guard respects the First
                                            Charleston via telephone at (843) 740–                  that are independently owned and                       Amendment rights of protesters.
                                            7050, or a designated representative via                operated and are not dominant in their                 Protesters are asked to contact the
                                            VHF radio on channel 16, to request                     fields, and governmental jurisdictions                 person listed in the FOR FURTHER
                                            authorization. If authorization to enter,               with populations of less than 50,000.                  INFORMATION CONTACT section to
                                            transit through, anchor in, or remain                   The Coast Guard certifies under 5 U.S.C.               coordinate protest activities so that your
                                            within either safety zone is granted by                 605(b) that this rule will not have a                  message can be received without
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                                            the Captain of the Port Charleston or a                 significant economic impact on a                       jeopardizing the safety or security of
                                            designated representative, all persons                  substantial number of small entities.                  people, places or vessels.
                                            and vessels receiving such authorization                   Based on its short duration, limited
                                            must comply with the instructions of                    geographic area, and for the reasons                   7. Unfunded Mandates Reform Act
                                            the Captain of the Port Charleston or a                 discussed in the Regulatory Planning                      The Unfunded Mandates Reform Act
                                            designated representative. The Coast                    and Review section above, this rule will               of 1995 (2 U.S.C. 1531–1538) requires


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                                                              Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations                                                37547

                                            Federal agencies to assess the effects of               complying with the National                            Port Charleston or a designated
                                            their discretionary regulatory actions. In              Environmental Policy Act of 1969                       representative.
                                            particular, the Act addresses actions                   (NEPA) (42 U.S.C. 4321–4370f). Based                      (2) Persons and vessels desiring to
                                            that may result in the expenditure by a                 on our analysis, we concluded this                     enter, transit through, anchor in, or
                                            State, local, or tribal government, in the              action is one of a category of actions that            remain within the regulated area may
                                            aggregate, or by the private sector of                  do not individually or cumulatively                    contact the Captain of the Port
                                            $100,000,000 (adjusted for inflation) or                have a significant effect on the human                 Charleston by telephone at 843–740–
                                            more in any one year. Though this rule                  environment. This rule involves safety                 7050, or a designated representative via
                                            will not result in such an expenditure,                 zones during Fourth of July Fireworks                  VHF radio on channel 16, to request
                                            we do discuss the effects of this rule                  displays near Murrells Inlet and North                 authorization. If authorization to enter,
                                            elsewhere in this preamble.                             Myrtle Beach, South Carolina. This rule                transit through, anchor in, or remain
                                                                                                    is categorically excluded from further                 within the regulated area is granted by
                                            8. Taking of Private Property                                                                                  the Captain of the Port Charleston or a
                                                                                                    review under paragraph 34(g) of Figure
                                              This rule will not cause a taking of                  2–1 of the Commandant Instruction. We                  designated representative, all persons
                                            private property or otherwise have                      seek any comments or information that                  and vessels receiving such authorization
                                            taking implications under Executive                     may lead to the discovery of a                         must comply with the instructions of
                                            Order 12630, Governmental Actions and                   significant environmental impact from                  the Captain of the Port Charleston or a
                                            Interference with Constitutionally                      this rule.                                             designated representative.
                                            Protected Property Rights.                                                                                        (3) The Coast Guard will provide
                                                                                                    List of Subjects in 33 CFR Part 165                    notice of the regulated area by Local
                                            9. Civil Justice Reform                                   Harbors, Marine safety, Navigation                   Notice to Mariners, Broadcast Notice to
                                              This rule meets applicable standards                  (water), Reporting and recordkeeping                   Mariners, and on-scene designated
                                            in sections 3(a) and 3(b)(2) of Executive               requirements, Security measures,                       representatives.
                                            Order 12988, Civil Justice Reform, to                   Waterways.                                                (d) Effective period. This rule will be
                                            minimize litigation, eliminate                            For the reasons discussed in the                     effective on July 4, 2015 and enforced
                                            ambiguity, and reduce burden.                           preamble, the Coast Guard amends 33                    from 9:30 p.m. until 9:50 p.m.
                                            10. Protection of Children                              CFR part 165 as follows:                                 Dated: June 17, 2015.
                                                                                                                                                           G.L. Tomasulo,
                                              We have analyzed this rule under                      PART 165—REGULATED NAVIGATION
                                            Executive Order 13045, Protection of                                                                           Captain, U.S. Coast Guard, Captain of the
                                                                                                    AREAS AND LIMITED ACCESS AREAS                         Port Charleston.
                                            Children from Environmental Health
                                                                                                    ■ 1. The authority citation for part 165               [FR Doc. 2015–15936 Filed 6–30–15; 8:45 am]
                                            Risks and Safety Risks. This rule is not
                                            an economically significant rule and                    continues to read as follows:                          BILLING CODE 9110–04–P

                                            does not create an environmental risk to                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            health or risk to safety that may                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                            disproportionately affect children.                     Department of Homeland Security Delegation             ENVIRONMENTAL PROTECTION
                                                                                                    No. 0170.1.                                            AGENCY
                                            11. Indian Tribal Governments
                                                                                                    ■ 2. Add a temporary § 165.T07–0529 to                 40 CFR Part 180
                                               This rule does not have tribal
                                                                                                    read as follows:
                                            implications under Executive Order                                                                             [EPA–HQ–OPP–2014–0865; FRL–9929–51]
                                            13175, Consultation and Coordination                    § 165.T07–0529 Safety Zone; Fourth of
                                            with Indian Tribal Governments,                         July Fireworks Displays, in vicinity of Myrtle         Cuprous Oxide; Exemption From the
                                            because it does not have a substantial                  Beach, Myrtle Beach, SC.                               Requirement of a Tolerance
                                            direct effect on one or more Indian                        (a) Regulated Area. The following
                                                                                                                                                           AGENCY:  Environmental Protection
                                            tribes, on the relationship between the                 regulated areas are safety zones.
                                                                                                       (1) Murrells Inlet, South Carolina. All             Agency (EPA).
                                            Federal Government and Indian tribes,
                                                                                                    waters within a 500 yard radius around                 ACTION: Final rule.
                                            or on the distribution of power and
                                            responsibilities between the Federal                    Veterans Pier, from which the fireworks                SUMMARY:   This regulation amends the
                                            Government and Indian tribes.                           will be launched, located on the                       tolerance exemption for copper in/on
                                                                                                    Atlantic Intracoastal Waterway.                        meat, milk, poultry, eggs, fish, shellfish,
                                            12. Energy Effects                                         (2) North Myrtle Beach, South                       and irrigated crops when it results from
                                              This action is not a ‘‘significant                    Carolina. All waters within a 500 yard                 the use of cuprous oxide embedded in
                                            energy action’’ under Executive Order                   radius around Cherry Grove Pier, from                  polymer emitter heads used in irrigation
                                            13211, Actions Concerning Regulations                   which the fireworks will be launched,                  systems for root incursion prevention.
                                            That Significantly Affect Energy Supply,                located on the Atlantic Ocean.                         This regulation eliminates the need to
                                            Distribution, or Use.                                      (b) Definition. The term ‘‘designated
                                                                                                                                                           establish a maximum permissible level
                                                                                                    representative’’ means Coast Guard
                                            13. Technical Standards                                                                                        for residues of copper resulting from
                                                                                                    Patrol Commanders, including Coast
                                                                                                                                                           this use of cuprous oxide.
                                              This rule does not use technical                      Guard coxswains, petty officers, and
                                                                                                                                                           DATES: This regulation is effective July
                                            standards. Therefore, we did not                        other officers operating Coast Guard
                                            consider the use of voluntary consensus                 vessels, and Federal, state, and local                 1, 2015. Objections and requests for
                                            standards.                                              officers designated by or assisting the                hearings must be received on or before
                                                                                                    Captain of the Port Charleston in the                  August 31, 2015, and must be filed in
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                                            14. Environment                                                                                                accordance with the instructions
                                                                                                    enforcement of the regulated area.
                                              We have analyzed this rule under                         (c) Regulations. (1) All persons and                provided in 40 CFR part 178 (see also
                                            Department of Homeland Security                         vessels are prohibited from entering,                  Unit I.C. of the SUPPLEMENTARY
                                            Management Directive 023–01 and                         transiting through, anchoring in, or                   INFORMATION).
                                            Commandant Instruction M16475.lD,                       remaining within the regulated area                    ADDRESSES: The docket for this action,
                                            which guide the Coast Guard in                          unless authorized by the Captain of the                identified by docket identification (ID)


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Document Created: 2015-12-15 13:19:29
Document Modified: 2015-12-15 13:19:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on July 4, 2015 and will be enforced from 9:30 p.m. until 9:50 p.m.
ContactIf 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 [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 37545 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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