81 FR 42254 - Safety Zone; Fourth of July Fireworks Murrells Inlet, SC
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 125 (June 29, 2016)
Coast Guard
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42254-42256 | |
| FR Document | 2016-15415 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Rules and Regulations] [Pages 42254-42256] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15415] ----------------------------------------------------------------------- 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: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on 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 rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. DATES: This rule is effective on July 4, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0347 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security NPRM Notice of Proposed Rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History 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. In response, on June 7, 2016, the [[Page 42255]] Coast Guard published a notice of proposed rulemaking titled Fourth of July Fireworks Murrells Inlet, SC. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this rule. During the comment period that ended June 22, 2016, we received no comments. Under good cause provisions in 5 U.S.C. 553(d)(3), we are making this rule effective less than 30 days after its publication in the Federal Register. The Coast Guard finds that good cause exists for making this rule effective starting July 4, 2016 because it was impracticable to publish a NPRM and a final rule 30 days or more before this event due to the limited time available between when the Coast Guard was notified of this event and the date of the event. This safety zone is necessary to ensure the safety of life and property during the Fireworks display and it would be contrary to public interest not to make this rule effective by July 4, 2016. III. Legal Authority and Need for Rule The legal basis for the rule is the Coast Guard's authority to establish a safety zone: 33 U.S.C. 1231. 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. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published June 7, 2016. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. On July 4, 2016 The Marsh Walk Group will host a fireworks display from 9:30 p.m. to 9:50 p.m. The safety zone will 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 p.m. to 9:50 p.m. fireworks display. No vessel or person is permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will 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 will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule will 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 [[Page 42256]] State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting less than 1 hour that will 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 rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and Department of Homeland Security Delegation No. 0170.1. 0 2. Add a temporary Sec. 165.T07-0347 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. As used in this section, ``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: June 24, 2016. B.D. Falk, Commander, U.S. Coast Guard, Acting Captain of the Port Charleston. [FR Doc. 2016-15415 Filed 6-28-16; 8:45 am] BILLING CODE 9110-04-P
![42254 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations
direct effect on one or more Indian requirements, Security measures, Dated: June 24, 2016.
tribes, on the relationship between the Waterways. B.D. Falk,
Federal Government and Indian tribes, Commander, U.S. Coast Guard, Acting
For the reasons discussed in the
or on the distribution of power and Captain of the Port Charleston.
preamble, the Coast Guard amends 33
responsibilities between the Federal [FR Doc. 2016–15419 Filed 6–28–16; 8:45 am]
CFR part 165 as follows:
Government and Indian tribes. If you BILLING CODE 9110–04–P
believe this rule has implications for PART 165—REGULATED NAVIGATION
federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS
contact the person listed in the FOR DEPARTMENT OF HOMELAND
FURTHER INFORMATION CONTACT section. SECURITY
■ 1. The authority citation for part 165
E. Unfunded Mandates Reform Act continues to read as follows: Coast Guard
The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 33 CFR Part 165
Federal agencies to assess the effects of Department of Homeland Security Delegation
[Docket Number USCG–2016–0347]
their discretionary regulatory actions. In No. 0170.1.
particular, the Act addresses actions RIN 1625- AA00
that may result in the expenditure by a ■ 2. Add a temporary § 165.T07–0320 to
State, local, or tribal government, in the read as follows: Safety Zone; Fourth of July Fireworks
aggregate, or by the private sector of Murrells Inlet, SC
§ 165.T07–0320 Safety Zone; Fourth of
$100,000,000 (adjusted for inflation) or July Fireworks North Myrtle Beach, SC. AGENCY: Coast Guard, DHS.
more in any one year. Though this rule
(a) This rule establishes a safety zone ACTION: Temporary final rule.
will not result in such an expenditure,
we do discuss the effects of this rule on all Atlantic Ocean waters within a SUMMARY: The Coast Guard is
elsewhere in this preamble. 500 yard radius of Cherry Grove Pier, establishing a temporary safety zone on
from which fireworks will be launched. the navigable waters of Murrells Inlet,
F. Environment
(b) Definition. As used in this section, SC. This safety zone is necessary to
We have analyzed this rule under ‘‘designated representative’’ means protect the public from hazards
Department of Homeland Security Coast Guard Patrol Commanders, associated with launching fireworks
Management Directive 023–01 and including Coast Guard coxswains, petty over navigable waters of the United
Commandant Instruction M16475.lD, officers, and other officers operating States. This rule will prohibit persons
which guide the Coast Guard in Coast Guard vessels, and Federal, state, and vessels from being in the safety
complying with the National and local officers designated by or zone unless authorized by the Captain
Environmental Policy Act of 1969 (42 assisting the Captain of the Port of the Port Charleston or a designated
U.S.C. 4321–4370f), and have Charleston in the enforcement of the representative.
determined that this action is one of a regulated areas.
category of actions that do not DATES: This rule is effective on July 4,
individually or cumulatively have a (c) Regulations. (1) All persons and 2016.
significant effect on the human vessels are prohibited from entering, ADDRESSES: To view documents
environment. This rule involves a safety transiting through, anchoring in, or mentioned in this preamble as being
zone lasting less than 1 hour that would remaining within the regulated area available in the docket, go to http://
prohibit entry within 500 yards of the unless authorized by the Captain of the www.regulations.gov, type USCG–2016–
Veterans Pier. Normally such actions are Port Charleston or a designated 0347 in the ‘‘SEARCH’’ box and click
categorically excluded from further representative. ‘‘SEARCH.’’ Click on Open Docket
review under paragraph 34(g) of Figure (2) Persons and vessels desiring to Folder on the line associated with this
2–1 of Commandant Instruction enter, transit through, or remain within rule.
M16475.lD. A preliminary the regulated area may contact the FOR FURTHER INFORMATION CONTACT: If
environmental analysis checklist and Captain of the Port Charleston by you have questions about this rule, call
Categorical Exclusion Determination are telephone at 843–740–7050, or a or email Lieutenant John Downing,
available in the docket where indicated designated representative via VHF radio Sector Charleston Office of Waterways
under ADDRESSES. We seek any on channel 16, to request authorization. Management, Coast Guard; telephone
comments or information that may lead If authorization to enter, transit through, (843) 740–3184, email John.Z.Downing@
to the discovery of a significant or remain within the regulated area is uscg.mil.
environmental impact from this rule. granted by the Captain of the Port SUPPLEMENTARY INFORMATION:
Charleston or a designated
G. Protest Activities I. Table of Abbreviations
representative, all persons and vessels
The Coast Guard respects the First receiving such authorization must CFR Code of Federal Regulations
Amendment rights of protesters. comply with the instructions of the DHS Department of Homeland Security
Protesters are asked to contact the Captain of the Port Charleston or a NPRM Notice of Proposed Rulemaking
person listed in the FOR FURTHER designated representative. § Section
INFORMATION CONTACT section to U.S.C. United States Code
(3) The Coast Guard will provide
coordinate protest activities so that your II. Background Information and
mstockstill on DSK3G9T082PROD with RULES
notice of the regulated area by Local
message can be received without Regulatory History
Notice to Mariners, Broadcast Notice to
jeopardizing the safety or security of
Mariners, and on-scene designated On April 22, 2016, The Marsh Walk
people, places or vessels.
representatives. Group notified the Coast Guard that it
List of Subjects in 33 CFR Part 165 (d) Enforcement period. This rule will will be conducting a fireworks display
Harbors, Marine safety, Navigation be enforced on July 4, 2016 from 9:15 from 9:30 p.m. to 9:50 p.m. on July 4,
(water), Reporting and recordkeeping p.m. until 10 p.m. 2016. In response, on June 7, 2016, the
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![42256 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations
State, local, or tribal government, in the § 165.T07–0347 Safety Zone; Fourth of ACTION: Direct final rule.
aggregate, or by the private sector of July Fireworks Murrells Inlet, SC.
$100,000,000 (adjusted for inflation) or (a) This rule establishes a safety zone SUMMARY: The Environmental Protection
more in any one year. Though this rule on all Atlantic Ocean waters within a Agency (EPA) is taking direct final
will not result in such an expenditure, 500 yard radius of Veterans Pier, from action to approve a December 1, 2015,
we do discuss the effects of this rule which fireworks will be launched. State Implementation Plan (SIP)
elsewhere in this preamble. (b) Definition. As used in this section, submittal from Kansas concerning
‘‘designated representative’’ means allocations of Cross-State Air Pollution
F. Environment Rule (CSAPR) emission allowances.
Coast Guard Patrol Commanders,
We have analyzed this rule under including Coast Guard coxswains, petty Under CSAPR, large electricity
Department of Homeland Security officers, and other officers operating generating units in Kansas are subject to
Management Directive 023–01 and Coast Guard vessels, and Federal, state, a Federal Implementation Plan (FIP)
Commandant Instruction M16475.lD, and local officers designated by or requiring the units to participate in
which guide the Coast Guard in assisting the Captain of the Port CSAPR’s Federal trading program for
complying with the National Charleston in the enforcement of the annual emissions of nitrogen oxides
Environmental Policy Act of 1969 (42 regulated areas. (NOX). This action approves Kansas’s
U.S.C. 4321–4370f), and have (c) Regulations. (1) All persons and adoption into its SIP of state regulations
determined that this action is one of a vessels are prohibited from entering, establishing state-determined
category of actions that do not transiting through, anchoring in, or allocations to replace EPA’s default
individually or cumulatively have a remaining within the regulated area allocations to Kansas units of CSAPR
significant effect on the human unless authorized by the Captain of the allowances for annual NOX emissions
environment. This rule involves a safety Port Charleston or a designated for 2017 through 2019. EPA is
zone lasting less than 1 hour that will representative. approving the SIP revision because it
prohibit entry within 500 yards of the (2) Persons and vessels desiring to meets the requirements of the Clean Air
Veterans Pier. Normally such actions are enter, transit through, or remain within Act (CAA) and EPA’s regulations for
categorically excluded from further the regulated area may contact the approval of an abbreviated SIP revision
review under paragraph 34(g) of Figure Captain of the Port Charleston by replacing EPA’s default allocations of
2–1 of Commandant Instruction telephone at 843–740–7050, or a CSAPR emission allowances with state-
M16475.lD. A preliminary designated representative via VHF radio determined allocations. Approval of this
environmental analysis checklist and on channel 16, to request authorization. SIP revision does not alter any provision
Categorical Exclusion Determination are If authorization to enter, transit through, of CSAPR’s Federal trading program for
available in the docket where indicated or remain within the regulated area is annual NOX emissions as applied to
under ADDRESSES. We seek any granted by the Captain of the Port Kansas units other than the allowance
comments or information that may lead Charleston or a designated allocation provisions, and the FIP
to the discovery of a significant representative, all persons and vessels requiring the units to participate in the
environmental impact from this rule. receiving such authorization must trading program (as modified by the SIP
comply with the instructions of the revision) remains in place. The approval
G. Protest Activities is being issued as a direct final rule
Captain of the Port Charleston or a
The Coast Guard respects the First designated representative. without a prior proposed rule because
Amendment rights of protesters. (3) The Coast Guard will provide EPA views it as uncontroversial and
Protesters are asked to contact the notice of the regulated area by Local does not anticipate adverse comment.
person listed in the FOR FURTHER Notice to Mariners, Broadcast Notice to DATES: This direct final rule will be
INFORMATION CONTACT section to Mariners, and on-scene designated effective August 15, 2016, without
coordinate protest activities so that your representatives. further notice, unless EPA receives
message can be received without (d) Enforcement period. This rule will adverse comment by July 29, 2016. If
jeopardizing the safety or security of be enforced on July 4, 2016 from 9:15 EPA receives adverse comment, we will
people, places or vessels. p.m. until 10 p.m. publish a timely withdrawal of the
List of Subjects in 33 CFR Part 165 Dated: June 24, 2016. direct final rule in the Federal Register
B.D. Falk, informing the public that the rule will
Harbors, Marine safety, Navigation not take effect.
(water), Reporting and recordkeeping Commander, U.S. Coast Guard, Acting
Captain of the Port Charleston. ADDRESSES: Submit your comments,
requirements, Security measures, identified by Docket ID No. EPA–R07–
[FR Doc. 2016–15415 Filed 6–28–16; 8:45 am]
Waterways. OAR–2016–0303, to http://
BILLING CODE 9110–04–P
For the reasons discussed in the www.regulations.gov. Follow the online
preamble, the Coast Guard amends 33 instructions for submitting comments.
CFR part 165 as follows: Once submitted, comments cannot be
ENVIRONMENTAL PROTECTION
edited or removed from Regulations.gov.
PART 165—REGULATED NAVIGATION AGENCY
EPA may publish any comment received
AREAS AND LIMITED ACCESS AREAS to its public docket. Do not submit
40 CFR Part 52
electronically any information you
■ 1. The authority citation for part 165 [EPA–R07–OAR–2016–0303; FRL–9948–13– consider to be Confidential Business
continues to read as follows:
mstockstill on DSK3G9T082PROD with RULES
Region 7] Information (CBI) or other information
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; whose disclosure is restricted by statute.
33 CFR 1.05–1, 6.04–1, 6.04–6, and Approval and Promulgation of Air
Quality Implementation Plans; State of Multimedia submissions (audio, video,
Department of Homeland Security Delegation etc.) must be accompanied by a written
No. 0170.1. Kansas; Cross-State Air Pollution Rule
comment. The written comment is
■ 2. Add a temporary § 165.T07–0347 to AGENCY: Environmental Protection considered the official comment and
read as follows: Agency (EPA). should include discussion of all points
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Document Created: 2018-02-08 07:42:33
Document Modified: 2018-02-08 07:42:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective on July 4, 2016. | |
| Contact | If you have questions about this rule, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected] | |
| FR Citation | 81 FR 42254 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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