[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21701-21703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10032]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0283]
RIN 1625-AA00


Safety Zone; Fireworks Displays, Little Egg Harbor, Beach Haven, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on a 
portion of Little Egg Harbor in Beach Haven, NJ. This action is 
necessary to protect the surrounding public and vessels on these 
navigable waters during a series of fireworks displays on the following 
dates: May 18, May 25, June 1, June 7, July 20, July 27, August 10, 
September 1, October 5, and October 12, 2019. This regulation prohibits 
persons and vessels from entering, transiting, or remaining within the 
safety zone unless authorized by the Captain of the Port Delaware Bay 
or a designated representative.

DATES: 
    Effective date: This rule is effective from 8:30 p.m. on May 18, 
2019, through 9:30 p.m. on October 12, 2019.
    Comment date: Comments and related material must be received by the 
Coast Guard on or before June 14, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0283 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.
    You may submit comments identified by docket number USCG-2019-0283 
using the Federal eRulemaking Portal at http://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion for 
further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer 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 first events. The 
rule must be in force by May 18, 2019. We are taking immediate action 
to ensure the safety of spectators and the general public from hazards 
associated with the fireworks displays. 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 displays in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay 
(COTP) has determined that potential hazards associated with the 
fireworks displays on the dates listed above will be a safety concern 
for anyone within a 100 yard radius of the fireworks barge, which will 
be anchored in approximate position 39[deg]34'09.32'' N, 
074[deg]14'31.67'' W. This rule is needed to protect persons, vessels 
and the public within the safety zone during the fireworks displays.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of 
Little Egg Harbor in Beach Haven, NJ, during a series of fireworks 
displays from a barge. The events are scheduled to take place at 
approximately 8:30 p.m. on May 18, May 25, June 1, June 7, July 20, 
July 27, August 10, September 1, October 5, 2019, and October 12, 2019. 
The safety zone will extend 100 yards around the barge, which will be 
anchored at approximate position 39[deg]34'09.32'' N, 
074[deg]14'31.67'' 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

[[Page 21702]]

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 from designated representatives. 
The regulatory text we are proposing appears at the end of this 
document.

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) Vessel traffic will be able to safely transit around this 
safety zone which would impact a small designated area of Little Egg 
Harbor, including the navigational channel, for 1 hour during the 
evening when vessel traffic is normally; (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, or by on-scene actual notice from 
designated representatives.

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 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 (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 
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 on a portion of Little Egg Harbor in Beach Haven, 
NJ, during a series of 10 fireworks displays lasting approximately one 
hour each. This rule 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 preliminary 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.

[[Page 21703]]

VI. 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 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 interim final rule 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 
website's instructions. Additionally, if you go to the online docket 
and sign up for email alerts, you will be notified when comments are 
posted.

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:  46 U.S.C. 70034, 70051; 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.T05-0283 to read as follows:


Sec.  165.T05-0283  Fireworks Displays, Little Egg Harbor, Beach Haven, 
NJ.

    (a) Location. The following area is a safety zone: All waters of 
the Little Egg Harbor near Beach Haven, NJ, within 100 yards of a barge 
anchored in approximate position 39[deg]34'09.32'' N, 
074[deg]14'31.67'' W. All coordinates are based on Datum NAD 1983.
    (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) No vessel may take on bunkers or conduct lightering operations 
within the safety zone during its enforcement period(s).
    (4) 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 8:30 p.m. 
through 9:30 p.m. on May 18, May 25, June 1, June 7, July 20, July 27, 
August 10, September 1, October 5, and October 12, 2019.
    (f) Effective period. This zone is effective May 18, 2019, through 
October 12, 2019.

    Dated: May 10, 2019.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-10032 Filed 5-14-19; 8:45 am]
 BILLING CODE 9110-04-P