81_FR_36597 81 FR 36488 - Safety Zone; Fourth of July Fireworks Murrells Inlet, SC

81 FR 36488 - Safety Zone; Fourth of July Fireworks Murrells Inlet, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 109 (June 7, 2016)

Page Range36488-36490
FR Document2016-13323

The Coast Guard proposes to establish a temporary safety zone in the navigable waters of Murrells Inlet, SC. This safety zone is necessary to protect the public from hazards associated with launching fireworks over navigable waters of the United States. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 109 (Tuesday, June 7, 2016)
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Proposed Rules]
[Pages 36488-36490]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR part 165

[Docket Number USCG-2016-0347]
RIN 1625-AA00


Safety Zone; Fourth of July Fireworks Murrells Inlet, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
in the navigable waters of Murrells Inlet, SC. This safety zone is 
necessary to protect the public from hazards associated with launching 
fireworks over navigable waters of the United States. This proposed 
rulemaking would prohibit persons and vessels from being in the safety 
zone unless authorized by the Captain of the Port Charleston or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 22, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0347 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant John Downing, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email John.Z.Downing@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On April 22, 2016, The Marsh Walk Group notified the Coast Guard 
that it will be conducting a fireworks display from 9:30 p.m. to 9:50 
p.m. on July 4, 2016. The fireworks are to be launched from the end of 
the Veterans Fishing Pier in Murrells Inlet, SC. Hazards from firework 
displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Charleston (COTP) has determined that potential hazards associated 
with the fireworks to be used in this display would be a safety concern 
for anyone within a 500-yard radius of the pier.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-yard radius of the fireworks 
barge before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

[[Page 36489]]

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 9:15 p.m. to 10 
p.m. on July 4, 2016. The safety zone would cover all navigable waters 
within 500 yards of the Veterans pier located on the Atlantic Ocean. 
The duration of the zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 9:30 
to 9:50 p.m. fireworks display. No vessel or person would be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative. The regulatory text we are proposing 
appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Atlantic Ocean for less than 1 
hour during the evening when vessel traffic is normally low. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting less than 1 hour that would prohibit entry within 500 
yards of the Veterans Pier. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and Categorical Exclusion Determination are available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

[[Page 36490]]

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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 Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0347 under the undesignated center 
heading Seventh Coast Guard District to read as follows:


Sec.  165.T07-0347  Safety Zone; Fourth of July Fireworks Murrells 
Inlet, SC.

    (a) This rule establishes a safety zone on all Atlantic Ocean 
waters within a 500 yard radius of Veterans Pier, from which fireworks 
will be launched.
    (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 Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, 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, 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) Enforcement Period. This rule will be enforced on July 4, 2016 
from 9:15 p.m. until 10 p.m.

    Dated: May 31, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard Captain of the Port Charleston.
[FR Doc. 2016-13323 Filed 6-6-16; 8:45 am]
BILLING CODE 9110-04-P



                                                      36488                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules

                                                      Institution where the inmate is                         ■   7. Revise § 571.64, to read as follows:            This safety zone is necessary to protect
                                                      confined.                                                                                                      the public from hazards associated with
                                                      ■ 5. In § 571.62, revise paragraph (a),
                                                                                                              § 571.64    Ineligible offenders.                      launching fireworks over navigable
                                                      paragraph (a)(2), and the second                           The Bureau of Prisons has no                        waters of the United States. This
                                                      sentence of paragraph (b), to read as                   authority to initiate a request under 18               proposed rulemaking would prohibit
                                                      follows:                                                U.S.C. 4205(g) or 3582(c)(1)(A) on behalf              persons and vessels from being in the
                                                                                                              of—                                                    safety zone unless authorized by the
                                                      § 571.62   Approval of request.                            (a) A state prisoner housed in a                    Captain of the Port Charleston or a
                                                         (a) The Bureau of Prisons makes a                    Bureau facility;                                       designated representative. We invite
                                                      motion under 18 U.S.C. 4205(g) or                          (b) A federal offender, serving a non-              your comments on this proposed
                                                      3582(c)(1)(A) only after review of the                  parolable sentence, who committed his                  rulemaking.
                                                      request by the Warden, the Office of                    or her offense before November 1, 1987;
                                                      General Counsel, and either the Medical                 or                                                     DATES:  Comments and related material
                                                      Director (or Acting Medical Director) for                  (c) A military prisoner housed in a                 must be received by the Coast Guard on
                                                      medical referrals or the Assistant                      Bureau facility.                                       or before June 22, 2016.
                                                      Director (or Acting Assistant Director),                                                                       ADDRESSES: You may submit comments
                                                      Correctional Programs Division for non-                 PART 572—PAROLE                                        identified by docket number USCG–
                                                      medical referrals, and with the approval                ■ 8. The authority citation for part 572               2016–0347 using the Federal
                                                      of the Director, Bureau of Prisons.                     continues to read as follows:                          eRulemaking Portal at http://
                                                      *      *     *    *     *                                                                                      www.regulations.gov. See the ‘‘Public
                                                                                                                Authority: 5 U.S.C. 301; 18 U.S.C. 4001,
                                                         (2) After obtaining the opinion of                   4042, 4081, 4082 (Repealed in part as to
                                                                                                                                                                     Participation and Request for
                                                      either the Medical Director (or Acting                  offenses committed on or after November 1,             Comments’’ portion of the
                                                      Medical Director) or the Assistant                      1987), 4205, 5015 (Repealed October 12, 1984           SUPPLEMENTARY INFORMATION section for
                                                      Director (or Acting Assistant Director),                as to offenses committed after that date),             further instructions on submitting
                                                      Correctional Programs Division, the                     5039; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.            comments.
                                                      Office of General Counsel will
                                                                                                              Subpart E—Reduction In Sentence                        FOR FURTHER INFORMATION CONTACT:   If
                                                      determine if the request warrants
                                                                                                              (Procedures for the Implementation of                  you have questions about this proposed
                                                      approval. The Office of General Counsel
                                                                                                              18 U.S.C. 4205(g))                                     rulemaking, call or email Lieutenant
                                                      will solicit the opinion of the United
                                                                                                                                                                     John Downing, Sector Charleston Office
                                                      States Attorney in the district in which                ■ 9. Revise the heading of Subpart E to                of Waterways Management, Coast
                                                      the inmate was sentenced. With these                    read as set forth above.                               Guard; telephone (843) 740–3184, email
                                                      opinions, the Office of General Counsel                 ■ 10. Revise § 572.40 to read as follows:              John.Z.Downing@uscg.mil.
                                                      shall forward the entire matter to the
                                                      Director, Bureau of Prisons, for final                  § 572.40 Reduction in sentence under 18                SUPPLEMENTARY INFORMATION:
                                                      decision, subject to the general                        U.S.C. 4205(g).
                                                                                                                                                                     I. Table of Abbreviations
                                                      supervision and direction of the                           18 U.S.C. 4205(g) was repealed
                                                      Attorney General and Deputy Attorney                    effective November 1, 1987, but remains                CFR Code of Federal Regulations
                                                                                                              the controlling law for inmates whose                  DHS Department of Homeland Security
                                                      General.
                                                                                                                                                                     FR Federal Register
                                                      *      *     *    *     *                               offenses occurred prior to that date. For              NPRM Notice of proposed rulemaking
                                                         (b) * * * Upon receipt of notice that                inmates whose offenses occurred on or                  § Section
                                                      the sentencing court has entered an                     after November 1, 1987, the applicable                 U.S.C. United States Code
                                                      order granting the motion under 18                      statute is 18 U.S.C. 3582(c)(1)(A).
                                                                                                              Procedures for reduction of sentence of                II. Background, Purpose, and Legal
                                                      U.S.C. 3582(c)(1)(A), the Warden of the
                                                                                                              an inmate under either provision are                   Basis
                                                      institution where the inmate is confined
                                                      shall release the inmate either forthwith               contained in 28 CFR part 571, subpart                     On April 22, 2016, The Marsh Walk
                                                      or as soon as his medical condition                     G.                                                     Group notified the Coast Guard that it
                                                      permits and transportation can be                       [FR Doc. 2016–13294 Filed 6–6–16; 8:45 am]             will be conducting a fireworks display
                                                      arranged.                                               BILLING CODE P                                         from 9:30 p.m. to 9:50 p.m. on July 4,
                                                      *      *     *    *     *                                                                                      2016. The fireworks are to be launched
                                                      ■ 6. Revise § 571.63(b) and (d), to read                                                                       from the end of the Veterans Fishing
                                                      as follows:                                             DEPARTMENT OF HOMELAND                                 Pier in Murrells Inlet, SC. Hazards from
                                                                                                              SECURITY                                               firework displays include accidental
                                                      § 571.63   Denial of request.                                                                                  discharge of fireworks, dangerous
                                                      *     *    *      *    *                                Coast Guard                                            projectiles, and falling hot embers or
                                                        (b) When an inmate’s request is                                                                              other debris. The Captain of the Port
                                                      denied by the Office of General Counsel                 33 CFR part 165                                        Charleston (COTP) has determined that
                                                      or the Director, the inmate will receive                                                                       potential hazards associated with the
                                                                                                              [Docket Number USCG–2016–0347]
                                                      a written notice and a statement of                                                                            fireworks to be used in this display
                                                      reasons for the denial. This denial                     RIN 1625–AA00                                          would be a safety concern for anyone
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      constitutes a final administrative                                                                             within a 500-yard radius of the pier.
                                                      decision.                                               Safety Zone; Fourth of July Fireworks
                                                                                                                                                                        The purpose of this rulemaking is to
                                                                                                              Murrells Inlet, SC
                                                      *     *    *      *    *                                                                                       ensure the safety of vessels and the
                                                        (d) Because a denial by the Office of                 AGENCY:    Coast Guard, DHS.                           navigable waters within a 500-yard
                                                      General Counsel or Director, Bureau of                  ACTION:    Notice of proposed rulemaking.              radius of the fireworks barge before,
                                                      Prisons, constitutes a final                                                                                   during, and after the scheduled event.
                                                      administrative decision, an inmate may                  SUMMARY:   The Coast Guard proposes to                 The Coast Guard proposes this
                                                      not appeal the denial through the                       establish a temporary safety zone in the               rulemaking under authority in 33 U.S.C.
                                                      Administrative Remedy Procedure.                        navigable waters of Murrells Inlet, SC.                1231.


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                                                                                Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules                                            36489

                                                      III. Discussion of Proposed Rule                        fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                         The COTP proposes to establish a                     with populations of less than 50,000.                  power and responsibilities between the
                                                      safety zone from 9:15 p.m. to 10 p.m. on                The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                                      July 4, 2016. The safety zone would                     605(b) that this proposed rule would not               If you believe this proposed rule has
                                                      cover all navigable waters within 500                   have a significant economic impact on                  implications for federalism or Indian
                                                      yards of the Veterans pier located on the               a substantial number of small entities.                tribes, please contact the person listed
                                                      Atlantic Ocean. The duration of the                        While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                      zone is intended to ensure the safety of                vessels intending to transit the safety                CONTACT section.
                                                      vessels and these navigable waters                      zone may be small entities, for the
                                                      before, during, and after the scheduled                 reasons stated in section IV.A above this              E. Unfunded Mandates Reform Act
                                                      9:30 to 9:50 p.m. fireworks display. No                 proposed rule would not have a
                                                                                                              significant economic impact on any                        The Unfunded Mandates Reform Act
                                                      vessel or person would be permitted to                                                                         of 1995 (2 U.S.C. 1531–1538) requires
                                                      enter the safety zone without obtaining                 vessel owner or operator.
                                                                                                                 If you think that your business,                    Federal agencies to assess the effects of
                                                      permission from the COTP or a
                                                                                                              organization, or governmental                          their discretionary regulatory actions. In
                                                      designated representative. The
                                                      regulatory text we are proposing appears                jurisdiction qualifies as a small entity               particular, the Act addresses actions
                                                      at the end of this document.                            and that this rule would have a                        that may result in the expenditure by a
                                                                                                              significant economic impact on it,                     State, local, or tribal government, in the
                                                      IV. Regulatory Analyses                                 please submit a comment (see                           aggregate, or by the private sector of
                                                        We developed this proposed rule after                 ADDRESSES) explaining why you think it                 $100,000,000 (adjusted for inflation) or
                                                      considering numerous statutes and                       qualifies and how and to what degree                   more in any one year. Though this
                                                      Executive orders related to rulemaking.                 this rule would economically affect it.                proposed rule would not result in such
                                                      Below we summarize our analyses                            Under section 213(a) of the Small                   an expenditure, we do discuss the
                                                      based on a number of these statutes and                 Business Regulatory Enforcement                        effects of this rule elsewhere in this
                                                      Executive orders and we discuss First                   Fairness Act of 1996 (Pub. L. 104–121),                preamble.
                                                      Amendment rights of protestors.                         we want to assist small entities in
                                                                                                              understanding this proposed rule. If the               F. Environment
                                                      A. Regulatory Planning and Review                       rule would affect your small business,
                                                         Executive Orders 12866 and 13563                     organization, or governmental                             We have analyzed this proposed rule
                                                      direct agencies to assess the costs and                 jurisdiction and you have questions                    under Department of Homeland
                                                      benefits of available regulatory                        concerning its provisions or options for               Security Management Directive 023–01
                                                      alternatives and, if regulation is                      compliance, please contact the person                  and Commandant Instruction
                                                      necessary, to select regulatory                         listed in the FOR FURTHER INFORMATION                  M16475.lD, which guide the Coast
                                                      approaches that maximize net benefits.                  CONTACT section. The Coast Guard will                  Guard in complying with the National
                                                      Executive Order 13563 emphasizes the                    not retaliate against small entities that              Environmental Policy Act of 1969 (42
                                                      importance of quantifying both costs                    question or complain about this                        U.S.C. 4321–4370f), and have made a
                                                      and benefits, of reducing costs, of                     proposed rule or any policy or action of               preliminary determination that this
                                                      harmonizing rules, and of promoting                     the Coast Guard.                                       action is one of a category of actions that
                                                      flexibility. This NPRM has not been                                                                            do not individually or cumulatively
                                                      designated a ‘‘significant regulatory                   C. Collection of Information
                                                                                                                                                                     have a significant effect on the human
                                                      action,’’ under Executive Order 12866.                    This proposed rule would not call for                environment. This proposed rule
                                                      Accordingly, the NPRM has not been                      a new collection of information under                  involves a safety zone lasting less than
                                                      reviewed by the Office of Management                    the Paperwork Reduction Act of 1995
                                                                                                                                                                     1 hour that would prohibit entry within
                                                      and Budget.                                             (44 U.S.C. 3501–3520).
                                                                                                                                                                     500 yards of the Veterans Pier. Normally
                                                         This regulatory action determination
                                                                                                              D. Federalism and Indian Tribal                        such actions are categorically excluded
                                                      is based on the size, location, duration,
                                                                                                              Governments                                            from further review under paragraph
                                                      and time-of-day of the safety zone.
                                                      Vessel traffic would be able to safely                     A rule has implications for federalism              34(g) of Figure 2–1 of Commandant
                                                      transit around this safety zone which                   under Executive Order 13132,                           Instruction M16475.lD. A preliminary
                                                      would impact a small designated area of                 Federalism, if it has a substantial direct             environmental analysis checklist and
                                                      the Atlantic Ocean for less than 1 hour                 effect on the States, on the relationship              Categorical Exclusion Determination are
                                                      during the evening when vessel traffic is               between the national government and                    available in the docket where indicated
                                                      normally low. Moreover, the Coast                       the States, or on the distribution of                  under ADDRESSES. We seek any
                                                      Guard would issue a Broadcast Notice to                 power and responsibilities among the                   comments or information that may lead
                                                      Mariners via VHF–FM marine channel                      various levels of government. We have                  to the discovery of a significant
                                                      16 about the zone, and the rule would                   analyzed this proposed rule under that                 environmental impact from this
                                                      allow vessels to seek permission to enter               Order and have determined that it is                   proposed rule.
                                                      the zone.                                               consistent with the fundamental
                                                                                                              federalism principles and preemption                   G. Protest Activities
                                                      B. Impact on Small Entities                             requirements described in Executive
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                        The Regulatory Flexibility Act of                                                                              The Coast Guard respects the First
                                                                                                              Order 13132.
                                                      1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have              Amendment rights of protesters.
                                                      requires Federal agencies to consider                   tribal implications under Executive                    Protesters are asked to contact the
                                                      the potential impact of regulations on                  Order 13175, Consultation and                          person listed in the FOR FURTHER
                                                      small entities during rulemaking. The                   Coordination with Indian Tribal                        INFORMATION CONTACT section to
                                                      term ‘‘small entities’’ comprises small                 Governments, because it would not have                 coordinate protest activities so that your
                                                      businesses, not-for-profit organizations                a substantial direct effect on one or                  message can be received without
                                                      that are independently owned and                        more Indian tribes, on the relationship                jeopardizing the safety or security of
                                                      operated and are not dominant in their                  between the Federal Government and                     people, places, or vessels.


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                                                      36490                     Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Proposed Rules

                                                      V. Public Participation and Request for                 § 165.T07–0347 Safety Zone; Fourth of                  SUMMARY:   The Coast Guard proposes to
                                                      Comments                                                July Fireworks Murrells Inlet, SC.                     establish a temporary safety zone in the
                                                                                                                 (a) This rule establishes a safety zone             navigable waters of Charleston, SC. This
                                                         We view public participation as                      on all Atlantic Ocean waters within a                  safety zone is necessary to protect the
                                                      essential to effective rulemaking, and                  500 yard radius of Veterans Pier, from                 public from hazards associated with
                                                      will consider all comments and material                 which fireworks will be launched.                      launching fireworks over navigable
                                                      received during the comment period.                        (b) Definition. The term ‘‘designated               waters of the United States. This
                                                      Your comment can help shape the                         representative’’ means Coast Guard                     proposed rulemaking would prohibit
                                                      outcome of this rulemaking. If you                      Patrol Commanders, including Coast                     persons and vessels from being in the
                                                      submit a comment, please include the                    Guard coxswains, petty officers, and                   safety zone unless authorized by the
                                                      docket number for this rulemaking,                      other officers operating Coast Guard                   Captain of the Port Charleston or a
                                                      indicate the specific section of this                   vessels, and Federal, state, and local                 designated representative. We invite
                                                      document to which each comment                          officers designated by or assisting the                your comments on this proposed
                                                      applies, and provide a reason for each                  Captain of the Port Charleston in the                  rulemaking.
                                                      suggestion or recommendation.                           enforcement of the regulated areas.
                                                         We encourage you to submit                              (c) Regulations. (1) All persons and                DATES:  Comments and related material
                                                      comments through the Federal                            vessels are prohibited from entering,                  must be received by the Coast Guard on
                                                      eRulemaking Portal at http://                           transiting through, anchoring in, or                   or before June 22, 2016.
                                                      www.regulations.gov. If your material                   remaining within the regulated area                    ADDRESSES: You may submit comments
                                                      cannot be submitted using http://                       unless authorized by the Captain of the                identified by docket number USCG–
                                                      www.regulations.gov, contact the person                 Port Charleston or a designated                        2016–0346 using the Federal
                                                      in the FOR FURTHER INFORMATION                          representative.                                        eRulemaking Portal at http://
                                                      CONTACT section of this document for                       (2) Persons and vessels desiring to                 www.regulations.gov. See the ‘‘Public
                                                      alternate instructions.                                 enter, transit through, or remain within               Participation and Request for
                                                         We accept anonymous comments. All                    the regulated area may contact the                     Comments’’ portion of the
                                                      comments received will be posted                        Captain of the Port Charleston by                      SUPPLEMENTARY INFORMATION section for
                                                      without change to http://                               telephone at 843–740–7050, or a                        further instructions on submitting
                                                      www.regulations.gov and will include                    designated representative via VHF radio                comments.
                                                      any personal information you have                       on channel 16, to request authorization.               FOR FURTHER INFORMATION CONTACT:   If
                                                      provided. For more about privacy and                    If authorization to enter, transit through,            you have questions about this proposed
                                                      the docket, you may review a Privacy                    or remain within the regulated area is                 rulemaking, call or email Lieutenant
                                                      Act notice regarding the Federal Docket                 granted by the Captain of the Port                     John Downing, Sector Charleston Office
                                                      Management System in the March 24,                      Charleston or a designated                             of Waterways Management, Coast
                                                      2005, issue of the Federal Register (70                 representative, all persons and vessels                Guard; telephone (843) 740–3184, email
                                                      FR 15086).                                              receiving such authorization must                      John.Z.Downing@uscg.mil.
                                                         Documents mentioned in this NPRM                     comply with the instructions of the
                                                                                                                                                                     SUPPLEMENTARY INFORMATION:
                                                      as being available in the docket, and all               Captain of the Port Charleston or a
                                                      public comments, will be in our online                  designated representative.                             I. Table of Abbreviations
                                                      docket at http://www.regulations.gov                       (3) The Coast Guard will provide
                                                                                                                                                                     CFR Code of Federal Regulations
                                                      and can be viewed by following that                     notice of the regulated area by Local                  DHS Department of Homeland Security
                                                      Web site’s instructions. Additionally, if               Notice to Mariners, Broadcast Notice to                FR Federal Register
                                                      you go to the online docket and sign up                 Mariners, and on-scene designated                      NPRM Notice of proposed rulemaking
                                                      for email alerts, you will be notified                  representatives.                                       § Section
                                                                                                                 (d) Enforcement Period. This rule will              U.S.C. United States Code
                                                      when comments are posted or a final
                                                                                                              be enforced on July 4, 2016 from 9:15
                                                      rule is published.                                                                                             II. Background, Purpose, and Legal
                                                                                                              p.m. until 10 p.m.
                                                      List of Subjects in 33 CFR Part 165                                                                            Basis
                                                                                                                Dated: May 31, 2016.
                                                                                                              G.L. Tomasulo,
                                                                                                                                                                        On April 18, 2016, the City of North
                                                        Harbors, Marine safety, Navigation
                                                                                                                                                                     Charleston notified the Coast Guard that
                                                      (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard Captain of the
                                                                                                              Port Charleston.                                       it will be conducting a fireworks display
                                                      requirements, Security measures,
                                                                                                                                                                     from 9 p.m. to 10 p.m. on July 4, 2016.
                                                      Waterways.                                              [FR Doc. 2016–13323 Filed 6–6–16; 8:45 am]
                                                                                                                                                                     The fireworks are to be launched from
                                                        For the reasons discussed in the                      BILLING CODE 9110–04–P
                                                                                                                                                                     a barge along the bank of the Cooper
                                                      preamble, the Coast Guard proposes to                                                                          River at River Front Park in North
                                                      amend 33 CFR part 165 as follows:                                                                              Charleston, SC. Hazards from firework
                                                                                                              DEPARTMENT OF HOMELAND
                                                                                                              SECURITY                                               displays include accidental discharge of
                                                      PART 165—REGULATED NAVIGATION                                                                                  fireworks, dangerous projectiles, and
                                                      AREAS AND LIMITED ACCESS AREAS                                                                                 falling hot embers or other debris. The
                                                                                                              Coast Guard
                                                                                                                                                                     Captain of the Port Charleston (COTP)
                                                      ■ 1. The authority citation for part 165
                                                                                                              33 CFR Part 165                                        has determined that potential hazards
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      continues to read as follows:
                                                                                                                                                                     associated with the fireworks to be used
                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             [Docket Number USCG–2016–0346]
                                                                                                                                                                     in this display would be a safety
                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and                      RIN 1625–AA00                                          concern for anyone within a 500-yard
                                                      Department of Homeland Security Delegation
                                                                                                                                                                     radius of the barge.
                                                      No. 0170.1.                                             Safety Zone; Fourth of July Fireworks                     The purpose of this rulemaking is to
                                                      ■ 2. Add a temporary § 165.T07–0347                     North Charleston, SC                                   ensure the safety of vessels and the
                                                      under the undesignated center heading                   AGENCY:   Coast Guard, DHS.                            navigable waters within a 500-yard
                                                      Seventh Coast Guard District to read as                                                                        radius of the fireworks barge before,
                                                                                                              ACTION:   Notice of proposed rulemaking.
                                                      follows:                                                                                                       during, and after the scheduled event.


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Document Created: 2018-02-08 07:31:25
Document Modified: 2018-02-08 07:31:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 22, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation81 FR 36488 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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