[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Proposed Rules]
[Pages 28798-28800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13206]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0541]
RIN 1625-AA00


Safety Zone; Nights in Venice Fireworks, Beach Thorofare, Ocean 
City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
waters of Beach Thorofare in Ocean City, NJ on July 22, 2017. The 
safety zone will restrict vessel traffic from operating on a portion of 
Beach Thorofare while a fireworks event is taking place. This safety 
zone is necessary to protect the public, spectators and vessels from 
the hazards associated with a fireworks display. The safety zone 
restricts vessels from transiting the zone during the effective period, 
unless authorized by the Captain of the Port Delaware Bay or a 
designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-

[[Page 28799]]

2017-0541 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or if email Petty Officer Amanda Boone, U.S. 
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast 
Guard; telephone (215) 271-4889, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On June 8, 2017 the Coast Guard was notified of Ocean City Nights 
in Venice fireworks event scheduled for July 22, 2017. The Coast Guard 
is issuing this rule under authority in 33 U.S.C. 1231. The Captain of 
the Port Delaware Bay has determined that a temporary safety zone is 
necessary to provide safety on navigable waters during the fireworks 
event, and to enhance safety of the public, spectators and vessels.

III. Discussion of Proposed Rule

    On July 22, 2017 a fireworks display event will take place on the 
waters of Beach Thorofare in Ocean City, NJ. The Coast Guard is 
establishing a temporary safety zone in a portion of the waterway known 
as Beach Thorofare in Ocean City, NJ to ensure the safety of persons, 
vessels and the public during the event. The safety zone includes all 
navigable waters of Beach Thorofare within a 600 foot radius of the 
fireworks launch platform in approximate position 39[deg]17'23'' N., 
074[deg]34'31'' W. near Ocean City, NJ. The fireworks displays are 
expected to occur between 9:30 p.m. and 10:30 p.m. In order to 
coordinate the safe movement of vessels within the area and to ensure 
that the area is clear of unauthorized persons and vessels before, 
during, and immediately after the fireworks launch, this zone will be 
enforced from 9:30 p.m. to 11:30 p.m.
    Access to this safety zone will be restricted during the specified 
date and time period. Only vessels or persons specifically authorized 
by the Captain of the Port Delaware Bay or designated representative 
may enter or remain in the regulated area.

IV. Regulatory Analyses

    We developed this proposed 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This safety 
zone will impact the waters affected by this rule from 9:30 p.m. to 
11:30 p.m. on July 22, 2017, during a time of day when commercial and 
recreational vessels traffic is normally low. Notifications will be 
made to the maritime community via marine information broadcasts so 
mariners may adjust their plans accordingly. Notifications will be 
updated as necessary, to keep the maritime community informed of the 
status of the safety zone.

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 
proposed rule would 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 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

[[Page 28800]]

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone which is limited in size and duration. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary Record of 
Environmental Consideration supporting this determination is 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T05-0541 to read as follows:


Sec.  165.T05-0541  Safety Zone; Nights in Venice Fireworks, Beach 
Thorofare, Ocean City, NJ.

    (a) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
and or on board another Federal, State, or local law enforcement vessel 
assisting the Captain of the Port, Delaware Bay with enforcement of the 
safety zone.
    (b) Location. The following area is a safety zone: All the waters 
of Beach Thorofare within a 600 foot radius of the fireworks launch 
platform in approximate position 39[deg]17'W23'' N., 074[deg]34'W31'' 
W. near Ocean City, NJ.
    (c) Regulations.
    (1) The general safety zone regulations found in Sec.  165.23 apply 
to the safety zone created by this temporary section.
    (2) Under the general safety zone regulations in Sec.  165.23, 
persons may not enter the safety zone described in paragraph (b) of 
this section unless authorized by the COTP or the COTP's designated 
representative.
    (3) To request permission to enter the safety zone, contact the 
COTP or the COTP's representative on marine band radio VHF-FM channel 
16 (156.8 MHz). All persons and vessels in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Effective and enforcement period: This section will be enforced 
from 9:30 p.m. to 11:30 p.m. on July 22, 2017.

Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-13206 Filed 6-23-17; 8:45 am]
 BILLING CODE 9110-04-P