[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 39995-39997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16038]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0494]
RIN 1625-AA00


Safety Zone; Margate Mother's Association Fireworks Display, 
Atlantic Ocean; Margate, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Atlantic Ocean in Margate, NJ. The safety zone will restrict vessel 
traffic on a portion of the Atlantic Ocean from operating while a 
fireworks event is taking place. This temporary safety zone is 
necessary to protect the surrounding public and vessels from the 
hazards associated with a fireworks display.

DATES: This rule is effective on July 4, 2013, from 8:45 p.m. until 
10:05 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0494]. 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, Chief Waterways Management, 
Sector Delaware Bay, U.S. Coast Guard; telephone (215)271-4851, 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. Immediate action 
is necessary to provide for the safety of life and property in the 
navigable water. Publishing an NPRM is impracticable given that the 
final details for this event were not received by the Coast Guard with 
sufficient time for a notice and comment period to run before the start 
of the event. Delaying this rule to wait for a notice and comment 
period to run would be impracticable as it would inhibit the Coast 
Guard's ability to protect the public from the hazards associated with 
maritime fireworks displays.
    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. Delaying the establishment of the 
safety zone could result in mariners approaching the fireworks 
location, creating a hazardous scenario with potential for loss of life 
and property. For the same reasons discussed in the preceding 
paragraph, a 30 day notice period would be impracticable and contrary 
to the public interest.

B. Basis and Purpose

    On the evening of July 4, 2013, fireworks will be launched from a 
barge with a fall out zone that covers part of the Atlantic Ocean. 
Margate Mother's Association has contracted with Schaefer Pyrotechnics 
to arrange for this display. The Captain of the Port, Sector Delaware 
Bay, has determined that the Margate Mother's Association Fireworks 
Display will pose significant risks to the public. The purpose of the 
rule is to promote public and maritime safety during a fireworks 
display, and to protect mariners transiting the area from the potential 
hazards associated with a fireworks display, such as accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. This rule is needed to ensure safety on the waterway 
during the event.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Margate Mother's 
Association Fireworks Display, the Captain of the Port, Sector Delaware 
Bay will enforce a temporary safety zone in the vicinity of the launch 
site. The safety zone will encompass all waters of the Atlantic Ocean 
within a 350 yard radius of the fireworks launch platform in 
approximate position 39[deg]19'27.7389'' N, 074[deg]29'45.7367'' W in 
Margate, NJ. The safety zone will be effective and enforced from 8:45 
p.m. to 10:05 p.m. on July 4, 2013. Entry into, transiting, or 
anchoring within the safety zone is prohibited unless authorized by the 
Captain of the Port, Sector Delaware Bay, or her on-scene 
representative. The Captain of the Port, Sector Delaware Bay, or her 
on-scene representative may be contacted via VHF channel 16.

D. Regulatory Analyses

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

[[Page 39996]]

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.
    Although this regulation will restrict vessel traffic from 
operating within the safety zone on the navigable waters of the 
Atlantic Ocean, Margate, NJ, the effect of this regulation will not be 
significant due to the limited duration that the safety zone will be in 
effect. The enforcement window lasts for 1 hour and 20 minutes in an 
open area that does not conflict with transiting commercial or 
recreational traffic. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities:
    (1) This rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to operate, transit, or anchor on the Atlantic Ocean in Margate, NJ 
between 8:45 p.m. and 10:05 p.m. on July 4, 2013.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons: This 
rule will only be enforced for a short period of time. In the event 
that this temporary safety zone affects shipping, commercial vessels 
may request permission from the Captain of the Port, Sector Delaware 
Bay, to transit through the safety zone. Before activation of the zone, 
we will give notice to the public via a Broadcast to Mariners that the 
regulation is in effect.

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 calls for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it 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 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

[[Page 39997]]

individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-0494, to read as follows:


Sec.  165.T05-0494  Safety Zone; Margate Mother's Association Fireworks 
Display, Atlantic Ocean, Margate, NJ.

    (a) Regulated Area. The following area is a safety zone: The safety 
zone will encompass all waters of the Atlantic Ocean within a 350 yard 
radius of the fireworks launch platform in approximate position 
39[deg]19'27.7389'' N, 074[deg]29'45.7367'' W in Margate, NJ.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this Sec.  165.T05-0494.
    (1) All persons and vessels are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port or her 
designated representative.
    (2) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or her designated representative one hour prior to the intended time of 
transit.
    (3) Vessels granted permission to transit through the Safety Zone 
must do so in accordance with the directions provided by the Captain of 
the Port or her designated representative to the vessel.
    (4) To seek permission to transit this safety zone, the Captain of 
the Port or her designated representative can be contacted via Sector 
Delaware Bay Command Center (215) 271-4940.
    (5) This section applies to all vessels wishing to transit through 
the safety zone except vessels that are engaged in the following 
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (6) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (7) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (9) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (c) Definitions.
    (1) Captain of the Port means the Commander, Coast Guard Sector 
Delaware Bay, or any Coast Guard commissioned, warrant or petty officer 
who has been authorized by the Captain of the Port to act on her 
behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port Delaware Bay to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State, and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 8:45 
p.m. until 10:05 p.m. on July 4, 2013.

    Dated: June 24, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2013-16038 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P