[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37207-37209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15442]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0494]
RIN 1625-AA00


Safety Zone, Atlantic Ocean; Ocean City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Atlantic 
Ocean near Ocean City, NJ, from 9:10 p.m. to 10:20 p.m. on July 16, 
2014 with a rain date scheduled for July 17, 2014. The safety zone will 
restrict vessel traffic in the North Atlantic Ocean within a 500 yard 
radius of a fireworks barge located at position 39-16.22 N, 074-33.54 
W. This safety zone is necessary to protect the surrounding public and 
vessels from the hazards associated with a fireworks display.
    This regulation is necessary to provide for the safety of life on 
the navigable waters of the North Atlantic Ocean. This safety zone is 
intended to restrict vessel traffic movement to ensure the safety of 
the surrounding public and vessels.

DATES: This rule is effective from July 1, 2014 through July 17, 2014. 
It will be enforced from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with 
a rain date of July 17, 2014, unless cancelled earlier.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0494]. 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 Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851, 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

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 safety zone is impracticable 
because the final details for this event were not received by the Coast 
Guard until June 6, 2014, and this event is scheduled for July 16, 2014 
with a rain date scheduled for July 17, 2014. Further, allowing this 
event to go forward without a safety zone in place would expose 
mariners and the public to unnecessary dangers associated with 
fireworks displays, contrary to the public interest.
    For the same reasons, 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.

B. Basis and Purpose

    On July 16, 2014 fireworks will be launched from a barge with a 
fall out zone that covers part of the North Atlantic Ocean. The City of 
Ocean City has contracted with Pyrotecnico Fireworks to arrange for 
this display. The Captain of the Port, Sector Delaware Bay, has 
determined that the City of Ocean City 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 required to ensure safety on the waterway during the event and 
to protect both life and property on the navigable waterways of the 
North Atlantic Ocean in respect to the commercial/recreational vessel 
traffic. U.S. Coast Guard Sector Delaware Bay will notify the public by 
broadcast notice to mariners at least one hour prior to the times of 
enforcement.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone on the Atlantic Ocean 
near Ocean City, NJ, from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with 
a rain date scheduled for July 17, 2014. The safety zone will restrict 
vessel traffic in the North Atlantic Ocean within a 500 yard radius of 
a fireworks barge located at position 39-16.22 N, 074-33.54 W. During 
the period of the safety zone, all persons and vessels will be 
prohibited from entering, transiting, mooring, or remaining within the 
zone, unless specifically authorized by the Captain of the Port 
Delaware Bay, or her designated representative. Those persons 
authorized to transit through the safety zone shall abide by and follow 
all directions provided by the Captain of the Port Delaware Bay, or her 
designated representative, in order to ensure they are not disrupting 
the event.

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. Although this regulation 
will

[[Page 37208]]

restrict access to the regulated area, the effect of this rule will not 
be significant because: (i) The Coast Guard will make extensive 
notification of the Safety Zone to the maritime public via maritime 
advisories so mariners can alter their plans accordingly; (ii) vessels 
may still be permitted to transit through the safety zone with the 
permission of the Captain of the Port on a case-by-case basis; and 
(iii) this rule will be enforced for only the duration of the fireworks 
display.

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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to anchor or transit along a portion of North Atlantic Ocean 
near Ocean City, New Jersey from 9:10 p.m. to 10:20 p.m. on July 16, 
2014, with a rain date scheduled for July 17, 2014, unless cancelled 
earlier by the Captain of the Port once all operations are completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: Vessel 
traffic will be allowed to pass through the zone with permission of the 
Coast Guard Captain of the Port Delaware Bay or her designated 
representative and the safety zone is limited in size and duration. 
Sector Delaware Bay will issue maritime advisories widely available to 
users of the North Atlantic Ocean near Ocean City, New Jersey.

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 implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic from transiting a 
portion of the North Atlantic Ocean near Ocean City, New Jersey, in 
order to protect the safety of life and property on the waters while a 
firework display is conducted. This rule

[[Page 37209]]

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

    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. Add temporary Sec.  165.T05-0494 to read as follows:


Sec.  165.T05-0494  Safety Zone, Atlantic Ocean; Ocean City, NJ.

    (a) Location. The following area is a safety zone: A portion of the 
North Atlantic Ocean within a 500 yard radius of a fireworks barge 
located at position 39-16.22 N, 074-33.54 W.
    (b) Enforcement period. This rule will be enforced from 9:10 p.m. 
to 10:20 p.m. on July 16, 2014, with a rain date scheduled for July 17, 
2014, unless cancelled earlier by the Captain of the Port once all 
operations are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.33.
    (1) 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.
    (2) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of 
the Port's representative can be contacted via marine radio VHF Channel 
16.
    (4) 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.
    (5) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (7) 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
    (8) 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.
    (d) Definitions. The Captain of the Port means the Commander of 
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.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: June 18, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-15442 Filed 6-30-14; 8:45 am]
BILLING CODE 9110-04-P