[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38837-38840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15499]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0431]
RIN 1625-AA00


Safety Zone; Fifth Coast Guard District Fireworks Displays, 
Barnegat Bay; Barnegat Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of a safety zone for one recurring fireworks display in the Fifth Coast 
Guard District. This regulation applies to only one recurring fireworks 
event held in Barnegat Bay in Barnegat Township, New Jersey. The 
fireworks display is normally held on July 4th, but this year it will 
be held on July 5th. The safety zone is necessary to provide for the 
safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in a portion of Barnegat Bay near 
Barnegat Township, New Jersey, during the event.

DATES: This rule is effective on July 5, 2013, from 8:30 p.m. until 10 
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0431]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Veronica Smith, U.S.

[[Page 38838]]

Coast Guard Sector Delaware Bay, Chief of Waterways Management 
Division; telephone 215-271-4902, email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Barbara Hairston, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. There is 
insufficient time to undertake an NPRM and immediate action is needed 
to minimize potential danger to the public during the event. The 
potential dangers posed by fireworks displays makes a safety zone 
necessary to provide for the safety of participants, spectator craft 
and other vessels transiting the event area. For the safety concerns 
noted, it is in the public interest to have these regulations in effect 
during the event. The Coast Guard will issue broadcast notice to 
mariners to advise vessel operators of navigational restrictions. On 
scene Coast Guard and local law enforcement vessels will also provide 
actual notice to mariners.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. It is impracticable and contrary 
to the public interest to undergo a 30 day delayed effective date for 
this regulation because there is insufficient time to do so.

B. Basis and Purpose

    Recurring fireworks displays are frequently held on or adjacent to 
the navigable waters within the boundary of the Fifth Coast Guard 
District. For a description of the geographical area of each Coast 
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
    The regulation listing annual fireworks displays within the Fifth 
Coast Guard District and safety zones locations is 33 CFR 165.506. The 
Table to Sec.  165.506 identifies fireworks displays by COTP zone, with 
the COTP Delaware Bay zone listed in section ``(a)'' of the Table.
    Barnegat Township sponsors an annual fireworks display held on July 
4th over the waters of Barnegat Bay, Barnegat Township, New Jersey. The 
Table to Sec.  165.506, at section (a) event number ``5'', describes 
the enforcement date and regulated location for this fireworks event.
    In the Table, this fireworks display occurs annually on July 4th. 
However, this year, the fireworks event will be held on July 5th, 2013.
    A fleet of spectator vessels are anticipated to gather nearby to 
view the fireworks display. Due to the need for vessel control during 
the fireworks display, vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels. Under provisions of 33 CFR 165.506, during the enforcement 
period, vessels may not enter the regulated area unless they receive 
permission from the Coast Guard Patrol Commander.

C. Discussion of the Final Rule

    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  165.506, section (a) event Number ``5'', and insert this 
temporary regulation at Table to Sec.  165.506, at section (a.) as 
event Number ``17'', in order to reflect that the fireworks display 
will be held on July 5, 2013, and therefore change the enforcement 
date. This change is needed to accommodate the sponsor's event plan. No 
other portion of the Table to Sec.  165.506 or other provisions in 
Sec.  165.506 shall be affected by this regulation.
    The regulated area of this safety zone includes all the waters of 
Barnegat Bay within a 500 yard radius of the fireworks barge in 
approximate position latitude 39[deg]44'50'' N, longitude 
074[deg]11'21'' W, approximately 500 yards north of Conklin Island, NJ.
    This safety zone will restrict general navigation in the regulated 
area during the fireworks event. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area during the effective period. The 
regulated area is needed to control vessel traffic during the event for 
the safety of participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime 
community will be provided extensive advance notification via the Local 
Notice to Mariners, and marine information broadcasts so mariners can 
adjust their plans accordingly.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This rule prevents traffic from transiting a portion of the 
Barnegat Bay, off of Barnegat Township, New Jersey during the specified 
event, the effect of this regulation will not be significant due to the 
limited duration that the regulated area will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via marine information broadcasts, local radio stations and 
area newspapers so that mariners can adjust their plans accordingly. 
Additionally, this rulemaking changes the enforcement date for Barnegat 
Bay, Barnegat Township, New Jersey fireworks demonstration for July 5, 
2013 only and does not change the permanent enforcement period that has 
been published in 33 CFR 165.506, Table to Sec.  165.506 at section 
(a), event Number ``5''. In some cases vessel traffic may be able to 
transit the regulated area when the Coast Guard Patrol Commander deems 
it is safe to do so.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a

[[Page 38839]]

significant economic impact on a substantial number of small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in Barnegat Bay, off of Barnegat Township, New 
Jersey, where fireworks events are being held. This regulation will not 
have a significant impact on a substantial number of small entities 
because it will be enforced only during the fireworks display event 
that has been permitted by the Coast Guard Captain of the Port. The 
Captain of the Port will ensure that small entities are able to operate 
in the regulated area when it is safe to do so. In some cases, vessels 
will be able to safely transit around the regulated area at various 
times, and, with the permission of the Patrol Commander, vessels may 
transit through the regulated area. Before the enforcement period, the 
Coast Guard will issue maritime advisories so mariners can adjust their 
plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on 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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), 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 safety zones. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. In Sec.  165.506, amend part (a) in the Table to Sec.  165.506 by--
0
a. Suspending entry 5, ``Barnegat Bay, Barnegat Township, NJ, Safety 
zone,'' from 8:30 p.m. until 10 p.m. on July 5, 2013.
0
b. Adding entry 17, from 8:30 p.m. until 10 p.m. on July 5, 2013, to 
read as follows:

[[Page 38840]]

Sec.  165.506  Safety Zones; Fireworks Displays in the Fifth Coast 
Guard District

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             No.                          Date                      Location                Regulated area
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                                 (a) Coast Guard Sector Delaware Bay--COTP Zone
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                                                  * * * * * * *
17..........................  July 5......................  Barnegat Bay, Barnegat   The waters of Barnegat Bay
                                                             Township, NJ, Safety     within a 500 yard radius
                                                             Zone..                   of the fireworks barge in
                                                                                      approximate position
                                                                                      latitude 39[deg]44'50'' N,
                                                                                      longitude 074[deg]11'21''
                                                                                      W, approximately 500 yards
                                                                                      north of Conklin Island,
                                                                                      NJ.
 
                                                  * * * * * * *
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* * * * *

    Dated: May 30, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. 2013-15499 Filed 6-27-13; 8:45 am]
BILLING CODE 9110-04-P