81_FR_42643 81 FR 42517 - Safety Zone, Pamlico Sound; Ocracoke, NC

81 FR 42517 - Safety Zone, Pamlico Sound; Ocracoke, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42517-42519
FR Document2016-15600

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Pamlico Sound in Ocracoke, North Carolina within a 500 yard radius of the National Park Service (NPS) Boat Launch. This action is necessary to provide the safety of mariners on navigable waters to protect the life and property of the maritime public and spectators from the hazards posed by Hyde County 4th of July aerial fireworks display. Entry into or movement within the safety zone during the enforcement period is prohibited without approval of the Captain of the Port.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42517-42519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15600]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0289]
RIN 1625-AA00


Safety Zone, Pamlico Sound; Ocracoke, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 42518]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Pamlico Sound in Ocracoke, North Carolina 
within a 500 yard radius of the National Park Service (NPS) Boat 
Launch. This action is necessary to provide the safety of mariners on 
navigable waters to protect the life and property of the maritime 
public and spectators from the hazards posed by Hyde County 4th of July 
aerial fireworks display. Entry into or movement within the safety zone 
during the enforcement period is prohibited without approval of the 
Captain of the Port.

DATES: This rule is effective on July 3, 2016, from 9 p.m. through 9:45 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0289 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Derek J. Burrill, Waterways Management Division 
Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 was awaiting further 
details on the location of the launch site and also gathering other 
safety details of the Hyde County July 4th Fireworks display. The 
Captain of the Port North Carolina is establishing a temporary safety 
zone on specified waters of Pamlico Sound within a 500 yard radius of 
the NPS Boat Launch in approximate position 35[deg]07'07'' N., 
longitude 075[deg]59'16'' W. (NAD 1983) in Ocracoke, NC. This safety 
zone will be effective and enforced from 9 p.m. to 9:45 p.m. on July 3, 
2016. It is impracticable to publish a Notice to Public Rulemaking 
(NPRM) because we must establish this safety zone by July 3, 2016, and 
sufficient notice was not given to publish a NPRM due to the Coast 
Guard awaiting further details on the location of the launch site and 
continuing to gather other on site safety details associated with the 
aerial fireworks display.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable and contrary to public 
interest because the potential hazards creating the need for this rule 
will occur during the aerial fireworks display scheduled for July 3, 
2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port North Carolina (COTP) has determined that 
potential hazards associated with the aerial fireworks on July 3, 2016, 
will be a safety concern for anyone within a 500 yard radius of the 
launch site at approximate position 35[deg]07'07'' N., longitude 
075[deg]59'16'' W. (NAD 1983). This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. to 9:45 p.m. on 
July 3, 2016. The safety zone will cover all navigable waters within 
500 yards of the NPS Boat Launch at approximate position 35[deg]07'07'' 
N., longitude 075[deg]59'16'' W. The duration of the zone is intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters before, during, and after the aerial fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

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.
    The primary impact of these regulations will be on limiting all 
vessels wishing to transit the affected waterways during enforcement of 
the safety zone on the waters of Pamlico Sound within a 500 yard radius 
of the NPS Boat Launch at approximate position 35[deg]07'07'' N., 
longitude 075[deg]59'16'' W. on July 3, 2016, from 9 p.m. through 9:45 
p.m., unless otherwise cancelled by the COTP. Although these 
regulations prevent traffic from transiting a small portion of Pamlico 
Sound during this event, that restriction is limited in duration, 
affects only a limited area, and will be well publicized to allow 
mariners to make alternative plans for transiting the affected area.

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 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,

[[Page 42519]]

organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 the establishment of a safety zone to limit all vessels 
within a 500 yard radius of the NPS Boat Launch at approximate position 
35[deg]07'07'' N., longitude 075[deg]59'16'' W. on July 3, 2016, from 9 
p.m. through 9:45 p.m., to protect life and property of mariners from 
the dangers associated with aerial fireworks. It 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.

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 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0289 to read as follows:


Sec.  165.T05-0289  Safety Zone, Pamlico Sound; Ocracoke, North 
Carolina.

    (a) Definitions. For the purposes of this section:
    Captain of the Port means the Commander, Sector North Carolina.
    Representative means any Coast Guard commissioned, warrant or petty 
officer who has been authorized to act on the behalf of the Captain of 
the Port.
    (b) Location. The following area is a safety zone: specified waters 
of the Captain of the Port Sector North Carolina zone, as defined in 33 
CFR 3.25-10, all waters of Pamlico Sound in Ocracoke, NC within a 500-
foot radius of the NPS Boat Launch in Ocracoke, NC at approximate 
position 35[deg]07'07'' N., longitude 075[deg]59'16'' W.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port, North Carolina or her designated 
representatives.
    (2) The operator of any vessel granted permission to enter this 
safety zone must proceed as directed by any commissioned, warrant or 
petty officer on shore or on board a vessel that is displaying a U.S. 
Coast Guard Ensign.
    (3) The Captain of the Port, North Carolina can be reached through 
the Sector North Carolina Command Duty Officer at Sector North Carolina 
in Wilmington, North Carolina at telephone number (910) 343-3882.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced on July 3, 
2016, from 9 p.m. through 9:45 p.m., unless otherwise cancelled by the 
COTP.

    Dated: June 9, 2016.
P.J. Hill,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-15600 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                               42517

                                              $100,000,000 (adjusted for inflation) or                § 165.T09–0481 Safety Zone; City of                    July 4, 2016. This action is necessary to
                                              more in any one year. Though this rule                  Bayfield Fourth of July Fireworks, Lake                protect spectators during the Duluth
                                              will not result in such an expenditure,                 Superior, Bayfield, WI.                                Fourth Fest Fireworks show. During the
                                              we do discuss the effects of this rule                     (a) Location. All waters of Lake                    enforcement period, entry into,
                                              elsewhere in this preamble.                             Superior within an area bounded by a                   transiting, or anchoring within the
                                                                                                      circle with a 420-foot radius at position              safety zone is prohibited unless
                                              F. Environment                                          46°48′40″ N., 090°48′32″ W.                            authorized by the Captain of the Port
                                                We have analyzed this rule under                         (b) Effective period. This safety zone              Duluth or his designated on-scene
                                              Department of Homeland Security                         is effective from 9 p.m. through 11 p.m.               representative.
                                              Management Directive 023–01 and                         on July 4, 2016.
                                                                                                                                                             DATES: The regulations in 33 CFR
                                                                                                         (c) Regulations. (1) In accordance with
                                              Commandant Instruction M16475.lD,                                                                              165.943(b) will be enforced from 9:30
                                                                                                      the general regulations in § 165.23, entry
                                              which guide the Coast Guard in                                                                                 p.m. through 11:30 p.m. on July 4, 2016.
                                                                                                      into, transiting, or anchoring within this
                                              complying with the National                                                                                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                      safety zone is prohibited unless
                                              Environmental Policy Act of 1969 (42                                                                           you have questions about this notice of
                                                                                                      authorized by the Captain of the Port
                                              U.S.C. 4321–4370f), and have                                                                                   enforcement, call or email Lieutenant
                                                                                                      Duluth, or his designated on-scene
                                              determined that this action is one of a                                                                        Junior Grade John Mack, Waterways
                                                                                                      representative.
                                              category of actions that do not                                                                                Management Division, Coast Guard;
                                                                                                         (2) This safety zone is closed to all
                                              individually or cumulatively have a                                                                            telephone (218) 725–3818, email
                                                                                                      vessel traffic, except as may be
                                              significant effect on the human                                                                                John.V.Mack@uscg.mil.
                                                                                                      permitted by the Captain of the Port
                                              environment. This rule involves a safety                                                                       SUPPLEMENTARY INFORMATION: The Coast
                                                                                                      Duluth or his designated on-scene
                                              zone lasting no more than 2 hours that                                                                         Guard will enforce a safety zone for the
                                                                                                      representative.
                                              will prohibit entry within a 420-foot                      (3) The ‘‘on-scene representative’’ of              annual Duluth Fourth Fest fireworks
                                              radius from where a fireworks display                   the Captain of the Port is any Coast                   display in 33 CFR 165.943(a)(3) from
                                              will be conducted. It is categorically                  Guard commissioned, warrant, or petty                  9:30 p.m. until 11:30 p.m. July 4, 2016.
                                              excluded from further review under                      officer who has been designated by the                 This safety zone will include all U.S.
                                              paragraph 34(g) of Figure 2–1 of the                    Captain of the Port to act on his behalf.              navigable waters of the Duluth Harbor
                                              Commandant Instruction. An                              The on-scene representative of the                     Basin Northern Section within a 840
                                              environmental analysis checklist                        Captain of the Port will be aboard either              foot radius of position 46°46′14″ N.,
                                              supporting this determination and a                     a Coast Guard or Coast Guard Auxiliary                 092°06′16″ W. Entry into, transiting, or
                                              Categorical Exclusion Determination are                 vessel. The Captain of the Port or his                 anchoring within the safety zone is
                                              available in the docket where indicated                 designated on-scene representative may                 prohibited unless authorized by the
                                              under ADDRESSES. We seek any                            be contacted via VHF Channel 16.                       Captain of the Port Duluth or his
                                              comments or information that may lead                      (4) Vessel operators desiring to enter              designated on-scene representative. The
                                              to the discovery of a significant                       or operate within the safety zone shall                Captain of the Port’s designated on-
                                              environmental impact from this rule.                    contact the Captain of the Port Duluth                 scene representative may be contacted
                                              G. Protest Activities                                   or his on-scene representative to obtain               via VHF Channel 16.
                                                                                                      permission to do so. Vessel operators                     This notice of enforcement is issued
                                                The Coast Guard respects the First                    given permission to enter or operate in                under authority of 33 CFR 165.943 and
                                              Amendment rights of protesters.                         the safety zone must comply with all                   5 U.S.C. 552(a). In addition to this
                                              Protesters are asked to contact the                     directions given to them by the Captain                notice of enforcement in the Federal
                                              person listed in the FOR FURTHER                        of the Port Duluth or his on-scene                     Register, the Coast Guard will provide
                                              INFORMATION CONTACT section to                          representative.                                        the maritime community with advance
                                              coordinate protest activities so that your                                                                     notification of the enforcement of this
                                                                                                        Dated: June 24, 2016.
                                              message can be received without                                                                                safety zone via Broadcast Notice to
                                                                                                      A.H. Moore, Jr.,
                                              jeopardizing the safety or security of                                                                         Mariners.
                                              people, places or vessels.                              Commander, U.S. Coast Guard, Captain of
                                                                                                      the Port Duluth.                                         Dated: June 24, 2016.
                                              List of Subjects in 33 CFR Part 165                     [FR Doc. 2016–15438 Filed 6–29–16; 8:45 am]            A.H. Moore, Jr.,
                                                                                                      BILLING CODE 9110–04–P                                 Commander, U.S. Coast Guard, Captain of
                                                Harbors, Marine safety, Navigation                                                                           the Port, Duluth.
                                              (water), Reporting and record keeping                                                                          [FR Doc. 2016–15503 Filed 6–29–16; 8:45 am]
                                              requirements, Security measures,
                                                                                                      DEPARTMENT OF HOMELAND                                 BILLING CODE 9110–04–P
                                              Waterways.
                                                                                                      SECURITY
                                                For the reasons discussed in the
                                              preamble, the Coast Guard amends 33                     Coast Guard                                            DEPARTMENT OF HOMELAND
                                              CFR part 165 as follows:                                                                                       SECURITY
                                                                                                      33 CFR Part 165
                                              PART 165—REGULATED NAVIGATION                                                                                  Coast Guard
                                                                                                      [Docket No. USCG–2016–0478]
                                              AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                             33 CFR Part 165
                                                                                                      Safety Zones; Duluth Fourth Fest,
                                              ■ 1. The authority citation for part 165                Duluth, MN                                             [Docket Number USCG–2016–0289]
                                              continues to read as follows:
srobinson on DSK5SPTVN1PROD with RULES




                                                                                                      AGENCY:  Coast Guard, DHS.                             RIN 1625–AA00
                                                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;               ACTION: Notice of enforcement of
                                                                                                                                                             Safety Zone, Pamlico Sound;
                                              Department of Homeland Security Delegation              regulation.
                                                                                                                                                             Ocracoke, NC
                                              No. 0170.1.
                                                                                                      SUMMARY:   The Coast Guard will enforce                AGENCY:    Coast Guard, DHS.
                                              ■ 2. Add § 165.T09–0481 to read as                      the Safety Zone for the Duluth Fourth
                                                                                                                                                             ACTION:   Temporary final rule.
                                              follows:                                                Fest fireworks display in Duluth, MN


                                         VerDate Sep<11>2014   20:00 Jun 29, 2016   Jkt 238001   PO 00000   Frm 00065   Fmt 4700   Sfmt 4700   E:\FR\FM\30JNR1.SGM   30JNR1


                                              42518              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              SUMMARY:   The Coast Guard is                           Pamlico Sound within a 500 yard radius                 Executive orders, and we discuss First
                                              establishing a temporary safety zone on                 of the NPS Boat Launch in approximate                  Amendment rights of protestors.
                                              the navigable waters of the Pamlico                     position 35°07′07″ N., longitude
                                                                                                                                                             A. Regulatory Planning and Review
                                              Sound in Ocracoke, North Carolina                       075°59′16″ W. (NAD 1983) in Ocracoke,
                                              within a 500 yard radius of the National                NC. This safety zone will be effective                    Executive Orders 12866 and 13563
                                              Park Service (NPS) Boat Launch. This                    and enforced from 9 p.m. to 9:45 p.m.                  direct agencies to assess the costs and
                                              action is necessary to provide the safety               on July 3, 2016. It is impracticable to                benefits of available regulatory
                                              of mariners on navigable waters to                      publish a Notice to Public Rulemaking                  alternatives and, if regulation is
                                              protect the life and property of the                    (NPRM) because we must establish this                  necessary, to select regulatory
                                              maritime public and spectators from the                 safety zone by July 3, 2016, and                       approaches that maximize net benefits.
                                              hazards posed by Hyde County 4th of                     sufficient notice was not given to                     Executive Order 13563 emphasizes the
                                              July aerial fireworks display. Entry into               publish a NPRM due to the Coast Guard                  importance of quantifying both costs
                                              or movement within the safety zone                      awaiting further details on the location               and benefits, of reducing costs, of
                                              during the enforcement period is                        of the launch site and continuing to                   harmonizing rules, and of promoting
                                              prohibited without approval of the                      gather other on site safety details                    flexibility. This rule has not been
                                              Captain of the Port.                                    associated with the aerial fireworks                   designated a ‘‘significant regulatory
                                                                                                      display.                                               action,’’ under Executive Order 12866.
                                              DATES: This rule is effective on July 3,
                                                                                                                                                             Accordingly, it has not been reviewed
                                              2016, from 9 p.m. through 9:45 p.m.                        We are issuing this rule, and under 5
                                                                                                                                                             by the Office of Management and
                                              ADDRESSES: To view documents                            U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                                                                             Budget.
                                              mentioned in this preamble as being                     that good cause exists for making it                      The primary impact of these
                                              available in the docket, go to http://                  effective less than 30 days after                      regulations will be on limiting all
                                              www.regulations.gov, type USCG–2016–                    publication in the Federal Register.                   vessels wishing to transit the affected
                                              0289 in the ‘‘SEARCH’’ box and click                    Delaying the effective date of this rule               waterways during enforcement of the
                                              ‘‘SEARCH.’’ Click on Open Docket                        would be impracticable and contrary to                 safety zone on the waters of Pamlico
                                              Folder on the line associated with this                 public interest because the potential                  Sound within a 500 yard radius of the
                                              rule.                                                   hazards creating the need for this rule                NPS Boat Launch at approximate
                                              FOR FURTHER INFORMATION CONTACT: If                     will occur during the aerial fireworks                 position 35°07′07″ N., longitude
                                              you have questions on this rule, call or                display scheduled for July 3, 2016.                    075°59′16″ W. on July 3, 2016, from 9
                                              email LCDR Derek J. Burrill, Waterways                  III. Legal Authority and Need for Rule                 p.m. through 9:45 p.m., unless
                                              Management Division Chief, Sector                                                                              otherwise cancelled by the COTP.
                                              North Carolina, Coast Guard; telephone                     The Coast Guard is issuing this rule                Although these regulations prevent
                                              (910) 772–2230, email Derek.J.Burrill@                  under authority in 33 U.S.C. 1231. The                 traffic from transiting a small portion of
                                              uscg.mil.                                               Captain of the Port North Carolina                     Pamlico Sound during this event, that
                                                                                                      (COTP) has determined that potential                   restriction is limited in duration, affects
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      hazards associated with the aerial                     only a limited area, and will be well
                                              I. Table of Abbreviations                               fireworks on July 3, 2016, will be a                   publicized to allow mariners to make
                                              CFR Code of Federal Regulations                         safety concern for anyone within a 500                 alternative plans for transiting the
                                              DHS Department of Homeland Security                     yard radius of the launch site at                      affected area.
                                              FR Federal Register                                     approximate position 35°07′07″ N.,
                                              NPRM Notice of proposed rulemaking                      longitude 075°59′16″ W. (NAD 1983).                    B. Impact on Small Entities
                                              § Section                                               This rule is needed to protect personnel,                 The Regulatory Flexibility Act of
                                              U.S.C. United States Code                               vessels, and the marine environment in                 1980, 5 U.S.C. 601–612, as amended,
                                                                                                      the navigable waters within the safety                 requires Federal agencies to consider
                                              II. Background Information and                          zone.                                                  the potential impact of regulations on
                                              Regulatory History
                                                                                                      IV. Discussion of the Rule                             small entities during rulemaking. The
                                                 The Coast Guard is issuing this                                                                             term ‘‘small entities’’ comprises small
                                              temporary rule without prior notice and                   This rule establishes a safety zone                  businesses, not-for-profit organizations
                                              opportunity to comment pursuant to                      from 9 p.m. to 9:45 p.m. on July 3, 2016.              that are independently owned and
                                              authority under section 4(a) of the                     The safety zone will cover all navigable               operated and are not dominant in their
                                              Administrative Procedure Act (APA) (5                   waters within 500 yards of the NPS Boat                fields, and governmental jurisdictions
                                              U.S.C. 553(b)). This provision                          Launch at approximate position                         with populations of less than 50,000.
                                              authorizes an agency to issue a rule                    35°07′07″ N., longitude 075°59′16″ W.                  The Coast Guard certifies under 5 U.S.C.
                                              without prior notice and opportunity to                 The duration of the zone is intended to                605(b) that this rule will not have a
                                              comment when the agency for good                        protect personnel, vessels, and the                    significant economic impact on a
                                              cause finds that those procedures are                   marine environment in these navigable                  substantial number of small entities.
                                              ‘‘impracticable, unnecessary, or contrary               waters before, during, and after the                      While some owners or operators of
                                              to the public interest.’’ Under 5 U.S.C.                aerial fireworks display. No vessel or                 vessels intending to transit the safety
                                              553(b)(B), the Coast Guard finds that                   person will be permitted to enter the                  zone may be small entities, for the
                                              good cause exists for not publishing a                  safety zone without obtaining                          reasons stated in section V.A above, this
                                              notice of proposed rulemaking (NPRM)                    permission from the COTP or a                          rule will not have a significant
                                              with respect to this rule because the                   designated representative.                             economic impact on any vessel owner
srobinson on DSK5SPTVN1PROD with RULES




                                              Coast Guard was awaiting further details                                                                       or operator.
                                                                                                      V. Regulatory Analyses
                                              on the location of the launch site and                                                                            Under section 213(a) of the Small
                                              also gathering other safety details of the                We developed this rule after                         Business Regulatory Enforcement
                                              Hyde County July 4th Fireworks                          considering numerous statutes and                      Fairness Act of 1996 (Pub. L. 104–121),
                                              display. The Captain of the Port North                  Executive orders related to rulemaking.                we want to assist small entities in
                                              Carolina is establishing a temporary                    Below we summarize our analyses                        understanding this rule. If the rule
                                              safety zone on specified waters of                      based on a number of these statutes and                would affect your small business,


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                               42519

                                              organization, or governmental                           that may result in the expenditure by a                ■ 2. Add § 165.T05–0289 to read as
                                              jurisdiction and you have questions                     State, local, or tribal government, in the             follows:
                                              concerning its provisions or options for                aggregate, or by the private sector of
                                              compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               § 165.T05–0289 Safety Zone, Pamlico
                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                 Sound; Ocracoke, North Carolina.
                                              CONTACT section.                                        will not result in such an expenditure,                  (a) Definitions. For the purposes of
                                                 Small businesses may send comments                   we do discuss the effects of this rule                 this section:
                                              on the actions of Federal employees                     elsewhere in this preamble.
                                              who enforce, or otherwise determine                                                                              Captain of the Port means the
                                              compliance with, Federal regulations to                 F. Environment                                         Commander, Sector North Carolina.
                                              the Small Business and Agriculture                         We have analyzed this rule under                      Representative means any Coast
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                        Guard commissioned, warrant or petty
                                              and the Regional Small Business                         Management Directive 023–01 and                        officer who has been authorized to act
                                              Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                      on the behalf of the Captain of the Port.
                                              Ombudsman evaluates these actions                       which guide the Coast Guard in
                                                                                                                                                               (b) Location. The following area is a
                                              annually and rates each agency’s                        complying with the National
                                                                                                                                                             safety zone: specified waters of the
                                              responsiveness to small business. If you                Environmental Policy Act of 1969 (42
                                                                                                      U.S.C. 4321–4370f), and have                           Captain of the Port Sector North
                                              wish to comment on actions by
                                              employees of the Coast Guard, call 1–                   determined that this action is one of a                Carolina zone, as defined in 33 CFR
                                              888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                        3.25–10, all waters of Pamlico Sound in
                                              Coast Guard will not retaliate against                  individually or cumulatively have a                    Ocracoke, NC within a 500-foot radius
                                              small entities that question or complain                significant effect on the human                        of the NPS Boat Launch in Ocracoke,
                                              about this rule or any policy or action                 environment. This rule involves the                    NC at approximate position 35°07′07″
                                              of the Coast Guard.                                     establishment of a safety zone to limit                N., longitude 075°59′16″ W.
                                                                                                      all vessels within a 500 yard radius of                  (c) Regulations. (1) In accordance with
                                              C. Collection of Information
                                                                                                      the NPS Boat Launch at approximate                     the general regulations in § 165.23, entry
                                                This rule will not call for a new                     position 35°07′07″ N., longitude                       into this zone is prohibited unless
                                              collection of information under the                     075°59′16″ W. on July 3, 2016, from 9                  authorized by the Captain of the Port,
                                              Paperwork Reduction Act of 1995 (44                     p.m. through 9:45 p.m., to protect life                North Carolina or her designated
                                              U.S.C. 3501–3520).                                      and property of mariners from the                      representatives.
                                              D. Federalism and Indian Tribal                         dangers associated with aerial fireworks.
                                                                                                      It is categorically excluded from further                 (2) The operator of any vessel granted
                                              Governments                                                                                                    permission to enter this safety zone
                                                                                                      review under paragraph 34(g) of Figure
                                                 A rule has implications for federalism               2–1 of the Commandant Instruction. We                  must proceed as directed by any
                                              under Executive Order 13132,                            seek any comments or information that                  commissioned, warrant or petty officer
                                              Federalism, if it has a substantial direct              may lead to the discovery of a                         on shore or on board a vessel that is
                                              effect on the States, on the relationship               significant environmental impact from                  displaying a U.S. Coast Guard Ensign.
                                              between the national government and                     this rule.
                                              the States, or on the distribution of                                                                             (3) The Captain of the Port, North
                                              power and responsibilities among the                    G. Protest Activities                                  Carolina can be reached through the
                                              various levels of government. We have                                                                          Sector North Carolina Command Duty
                                                                                                        The Coast Guard respects the First
                                              analyzed this rule under that Order and                                                                        Officer at Sector North Carolina in
                                                                                                      Amendment rights of protesters.
                                              have determined that it is consistent                                                                          Wilmington, North Carolina at
                                                                                                      Protesters are asked to contact the
                                              with the fundamental federalism                         person listed in the FOR FURTHER                       telephone number (910) 343–3882.
                                              principles and preemption requirements                  INFORMATION CONTACT section to                            (4) The Coast Guard Representatives
                                              described in Executive Order 13132.                     coordinate protest activities so that your             enforcing the safety zone can be
                                                 Also, this rule does not have tribal                 message can be received without                        contacted on VHF–FM marine band
                                              implications under Executive Order                      jeopardizing the safety or security of                 radio channel 13 (165.65 Mhz) and
                                              13175, Consultation and Coordination                    people, places or vessels.                             channel 16 (156.8 Mhz).
                                              with Indian Tribal Governments,
                                              because it does not have a substantial                  List of Subjects in 33 CFR Part 165                       (d) Enforcement period. This section
                                              direct effect on one or more Indian                       Harbors, Marine safety, Navigation                   will be enforced on July 3, 2016, from
                                              tribes, on the relationship between the                 (water), Reporting and recordkeeping                   9 p.m. through 9:45 p.m., unless
                                              Federal Government and Indian tribes,                   requirements, Security measures,                       otherwise cancelled by the COTP.
                                              or on the distribution of power and                     Waterways.                                               Dated: June 9, 2016.
                                              responsibilities between the Federal                      For the reasons discussed in the                     P.J. Hill,
                                              Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                    Captain, U.S. Coast Guard, Captain of the
                                              believe this rule has implications for                  CFR part 165 as follows:                               Port North Carolina.
                                              federalism or Indian tribes, please
                                                                                                                                                             [FR Doc. 2016–15600 Filed 6–29–16; 8:45 am]
                                              contact the person listed in the FOR                    PART 165— REGULATED
                                                                                                                                                             BILLING CODE 9110–04–P
                                              FURTHER INFORMATION CONTACT section                     NAVIGATION AREAS AND LIMITED
                                              above.                                                  ACCESS AREAS
srobinson on DSK5SPTVN1PROD with RULES




                                              E. Unfunded Mandates Reform Act                         ■ 1. The authority citation for part 165
                                                The Unfunded Mandates Reform Act                      continues to read as follows:
                                              of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              Federal agencies to assess the effects of               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              their discretionary regulatory actions. In              Department of Homeland Security Delegation
                                              particular, the Act addresses actions                   No. 0170.1.



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Document Created: 2018-02-08 07:45:23
Document Modified: 2018-02-08 07:45:23
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 3, 2016, from 9 p.m. through 9:45 p.m.
ContactIf you have questions on this rule, call or email LCDR Derek J. Burrill, Waterways Management Division Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230, email [email protected]
FR Citation81 FR 42517 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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