[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44480-44482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18936]
[[Page 44480]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0737]
RIN 1625-AA00
Safety Zone; Fireworks Display, Indian River Bay, Long Neck, DE
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
waters of Indian River Bay off Long Neck, DE, from 7:30 p.m. through
8:30 p.m. on September 2, 2018, during the Labor Day Long Neck Style
Fireworks Display. The safety zone is necessary to ensure the safety of
participant vessels, spectators, and the boating public during the
event. This regulation prohibits persons and non-participant vessels
from entering, transiting through, anchoring in, or remaining within
the safety zone unless authorized by the Captain of the Port (COTP)
Delaware Bay or a designated representative.
DATES: This rule is effective from 7:30 p.m. through 8:30 p.m. on
September 2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0737 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Thomas Welker, U.S. Coast Guard, Sector Delaware
Bay, Waterways Management Division; telephone (215) 271-4814, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR--Code of Federal Regulations
COTP--Captain of the Port
DHS--Department of Homeland Security
FR--Federal Register
NPRM--Notice of proposed rulemaking
Sec. --Section
U.S.C.--United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the date of the event. The rule must
be in force by September 2, 2018, to serve its purpose of ensuring the
safety of spectators and the general public from hazards associated
with the fireworks display. Hazards include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris.
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 effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the fireworks display on September 2,
2018, will be a safety concern for anyone within a 100-yard radius of
the fireworks barge, which will be anchored in approximate position
38[deg]36'35.93'' N, 075[deg]09'31.00'' NW. This rule is needed to
protect persons, vessels and the public within the safety zone during
the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the waters of
Indian River Bay off Long Neck, NJ during a fireworks display from a
barge. The event is scheduled to take place at 7:45 p.m. on September
2, 2018. The safety zone will extend 100 yards around the barge, which
will be anchored at approximate position 38[deg]36'35.93'' N,
075[deg]09'31.00'' W. No person or vessel will be permitted to enter,
transit through, anchor in, or remain within the safety zone without
obtaining permission from the COTP Delaware Bay or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Delaware Bay or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Delaware
Bay or a designated representative. The Coast Guard will provide public
notice of the safety zone by Broadcast Notice to Mariners, and by on-
scene actual notice.
V. Regulatory Analyses
We developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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.
The impact of this rule is not significant for the following
reasons: (1) Although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP Delaware Bay or a designated
representative, they may operate in the surrounding area during the
enforcement period; (2) persons and vessels will still be able to
enter, transit through, anchor in, or remain within the regulated area
if authorized by the COTP Delaware Bay or a designated representative;
and (3) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Broadcast Notice to Mariners
and by on-scene actual notice.
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
[[Page 44481]]
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
section.
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.
C. 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).
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 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 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969(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 a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable water in the Indian River Bay, during a fireworks display
lasting approximately one hour. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES.
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.
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; 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.T05-0737 to read as follows:
Sec. 165.T05-0614 Safety Zone; Fireworks, Indian River Bay, Long
Neck, DE.
(a) Location. The following area is a safety zone: All navigable
waters of the Indian River Bay near Long Neck, NJ, within 100 yards of
the barge anchored at approximate position 38[deg]36'35.93'' N,
075[deg]09'31.00'' W. All coordinates are based on 1984 World Geodetic
System.
(b) 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
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Delaware Bay in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(3) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by federal, state, and local
agencies.
(e) Enforcement period. This zone will be enforced from 7:30 p.m.
through 8:30 p.m. on September 2, 2018.
[[Page 44482]]
Dated: August 28, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-18936 Filed 8-30-18; 8:45 am]
BILLING CODE 9110-04-P