[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36215-36218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15007]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0353]
RIN 1625-AA00
Safety Zone; Meridian Health Fireworks, Navesink River, Rumson,
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
navigable waters of the Navesink River in the vicinity of Rumson, NJ
for a fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays. This rule is intended to restrict all vessels from
a portion of the Navesink River before, during, and immediately after
the fireworks event.
[[Page 36216]]
DATES: This rule is effective on June 27, 2014 from 9:15 p.m. until
10:30 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0353]. 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 Junior Grade Kristopher Kesting, Sector New
York, Waterways Management, U.S. Coast Guard; Telephone (718) 354-4154,
Email [email protected]. If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 a late event application was received
on March 13, 2014 and therefore sufficient time was not available to
execute the full NPRM process. The event sponsor advised that the event
is in correlation with a large Meridian Health fundraiser event, and
therefore the sponsor is unable to cancel or delay the event date.
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. The rule must become effective on
the date specified in order to provide for the safety of spectators and
vessels operating in the area near this event. Delaying the effective
date of this rule would be contrary to the public interest and would
expose spectators and vessels to the hazards associated with the
fireworks event. The sponsor advised that any change to the date of the
event would cause economic hardship on the event sponsor, negatively
impacting other activities being held in conjunction with the event.
B. Basis and Purpose
The legal basis for this rule is 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display.
C. Discussion of the Final Rule
This rule establishes a temporary safety zone on the navigable
waters of the Navesink River, in the vicinity of Rumson, NJ. All
persons and vessels shall comply with the instructions of the Captain
of the Port (COTP) New York or a designated representative during the
enforcement of the temporary safety zone. Entering into, transiting
through, or anchoring within the temporary safety zone is prohibited
unless authorized by the COTP, or a designated representative.
Based on the inherent hazards associated with fireworks, the COTP
New York has determined that fireworks launched in close proximity to
water craft pose a significant risk to public safety and property. The
combination of an increased number of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, and debris,
especially burning debris falling on passing or spectator vessels, has
the potential to result in serious injuries or fatalities. This
temporary safety zone will restrict vessels from a portion of the
Navesink River around the location of the fireworks launch platform
before, during, and immediately after the fireworks display.
The Coast Guard has determined that this regulated area will not
have a significant impact on vessel traffic due to its temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
Advanced public notifications may also be made to the local
mariners through appropriate means, which may include, but are not
limited to, the Local Notice to Mariners as well as Broadcast Notice to
Mariners.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of 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.
The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for a short period, in the late evening. Due to the
location, vessels will be able to transit around the zone in a safe
manner.
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 may
be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the navigable waters in the vicinity
of the marine event during the effective period.
(2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be in effect for a short period, vessel traffic could
pass safely around the safety
[[Page 36217]]
zone, and the Coast Guard will notify mariners before activating the
zone by appropriate means which may include but are not limited to
Local Notice to Mariners and Broadcast Notice to Mariners.
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 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 a temporary safety
zone. 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. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), reporting and recordkeeping
requirements, 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 AREA
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. Add Sec. 165.T01-0353 to read as follows:
Sec. 165.T01-0353 Safety Zone; Meridian Health Fireworks, Navesink
River, Rumson, NJ.
(a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of The Navesink River within a 150-yard radius of
the fireworks barge located in approximate position 40[deg]22'41.27''
N, 074[deg]01'43.68'' W, approximately 1320 yards southwest of Locust
Pt., in the vicinity of Rumson, NJ.
(b) Enforcement Period. This rule is effective and will be enforced
on June 27, 2014 from 9:15 p.m. until 10:30 p.m.
(c) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP)
New York, to act on his or
[[Page 36218]]
her behalf. A designated representative may be on an official patrol
vessel or may be on shore and will communicate with vessels via VHF-FM
radio or loudhailer. In addition, members of the Coast Guard Auxiliary
may be present to inform vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(d) Regulations.
(1) The general regulations contained in 33 CFR 165.23, as well as
the following regulations, apply.
(2) No spectators will be allowed to enter into, transit through,
or anchor in the safety zone without the permission of the COTP or a
designated representative.
(3) All spectators given permission to enter or operate in the
safety zone shall comply with the instructions of the COTP or a
designated representative. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, vessel
spectator shall proceed as directed.
(4) Spectators desiring to enter or operate within the safety zone
shall contact the COTP or a designated representative via VHF channel
16 or 718-354-4353 (Sector New York command center) to obtain
permission to do so.
Dated: June 11, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-15007 Filed 6-25-14; 8:45 am]
BILLING CODE 9110-04-P