[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Rules and Regulations]
[Pages 40489-40491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18031]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0627]
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 waters of
the Atlantic Ocean adjacent to Ocean City, NJ on August 26, 2017. The
safety zone will restrict vessel traffic from operating on a portion of
Atlantic Ocean during a fireworks display. 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: This rule is effective on August 26, 2017, from 9 p.m. to 11:59
p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0627 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 Amanda Boone, 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
DHS Department of Homeland Security
FR Federal Register
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 foregoing public comment with respect to this rule.
Insufficient time remains to publish a Notice of Proposed Rule Making
(NPMR) and allow for a public comment period before the event, which is
scheduled to take place on August 26, 2017. The safety zone must be in
effect on that date in order to serve its purpose of ensuring the
safety of spectators and the general public from hazards associated
with a fireworks display. Hazards include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. For those reasons, it would be impracticable and contrary to
the public interest to publish an NPRM.
For the reason discussed above, 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 FR. Delaying the effective date
would be contrary to the rule's objectives of ensuring safety of life
on the navigable waters and protection of persons and vessels in the
vicinity of the fireworks display. The event has been widely publicized
in local media outlets.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Delaware Bay has determined that this temporary safety
zone is
[[Page 40490]]
necessary to provide safety during the fireworks events, and to ensure
protection of the public.
IV. Discussion of the Rule
On August 26, 2017, a fireworks display event will take place on
the waters of the Atlantic Ocean adjacent to Ocean City, NJ. The Coast
Guard is establishing a temporary safety zone in a portion of the
Atlantic Ocean adjacent to Ocean City, NJ to ensure the safety of
persons, vessels and the public during the event. The proposed safety
zone includes all waters of the North Atlantic Ocean within a 600 yard
radius of the fireworks barge in approximate location latitude
39[deg]16'22'' N., longitude 074[deg]33'54'' W., in the vicinity of the
shoreline at Ocean City, NJ.
The fireworks display is expected to occur between 9:30 p.m. and
11:30 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 p.m. to 11:59 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 COTP Delaware Bay or designated representative may enter or
remain in the regulated area.
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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will impact the waters affected by this rule from 9 p.m. to 11:59 p.m.
on August 26, 2017, during a time of day when commercial and
recreational vessels traffic is normally low. Vessels will be able to
safely transit around the safety zone. Notifications will be made to
the maritime community via marine information broadcasts so mariners
may adjust their plans accordingly.
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 calls for no 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
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 determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental
[[Page 40491]]
Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.
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.T05-0627 to read as follows:
Sec. 165.T05-0627 Safety Zone; Atlantic Ocean, 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 waters of
the North Atlantic Ocean within a 600 yard radius of the fireworks
barge in approximate location latitude 39[deg]16'22'' N., longitude
074[deg]33'54'' W., in the vicinity of the shoreline at 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) Enforcement period. This section will be enforced August 26,
2017, from 9 p.m. to 11:59 p.m.
Dated: August 21, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-18031 Filed 8-24-17; 8:45 am]
BILLING CODE 9110-04-P