
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Rules and Regulations]
[Pages 38462-38464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15931]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0522]
RIN 1625-AA00


Safety Zone, Metedeconk River; Brick Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of a safety zone for one recurring fireworks display in the Fifth Coast 
Guard District. This regulation applies to only one recurring fireworks 
event held in the waters of Metedeconk River in Brick Township, NJ. 
Instead of the usual enforcement periods--July 4, every Thursday in 
August, and the first Thursday in September--in 2014 enforcement will 
take place on July 3, July 17, and August 14. The safety zone is 
necessary to provide for the safety of life on navigable waters during 
the event. This action is intended to restrict vessel traffic in a 
portion of Metedeconk River near Brick Township, NJ, during the event.

DATES: This rule is effective from July 8, 2014 through August 14, 2014 
and will be enforced from 8:30 p.m. to 10:00 p.m. on July 3, July 17, 
and August 14, 2014.

ADDRESSES: Submit comments using one of the listed methods, and see 
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site 
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hours 
for hand delivery are 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays (telephone 202-366-9329).

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 Brennan.P.Dougherty@uscg.mil. 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 governing regulation for this fireworks display event is 33 CFR 
165.506. The specifics for this event are listed in the Table to Sec.  
165.506, section (a), item 9.
    We are issuing this final rule without prior notice and opportunity 
to comment, and to take effect less than 30 days after publication in 
the Federal Register, pursuant to the Administrative Procedure Act 
(APA), 5 U.S.C. 553(b) and (d)(3), which authorize an agency to issue a 
rule without following usual APA procedures when the agency for good 
cause finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' We find that good cause exists for 
not following usual procedures because to do so would delay issuance of 
this rule beyond some of the dates for which it is intended, thereby 
exposing mariners and the public to dangers associated with fireworks 
displays, contrary to the public interest in safety.

B. Basis and Purpose

    The legal basis of this rule is found in 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, and 160.5; Public Law 107-295, 116 Stat. 2064; and Department 
of Homeland Security Delegation No. 0170.1. The purpose of this rule is 
to promote public and maritime safety during a fireworks display.

C. Discussion of the Final Rule

    We are temporarily changing the enforcement periods for Brick 
Township safety zone, to reflect that in 2014 fireworks will be held on 
July 3, July 17, and August 14. This change is needed to accommodate 
the sponsor's event plan. No other portion of the Table to Sec.  
165.506 or other provisions in Sec.  165.506 is affected by this 
regulation.
    The regulated area of this safety zone includes all the waters of 
the Metedeconk River within a 500 yard radius of the fireworks launch 
platform in approximate position latitude 40[deg]03'24'' N, longitude 
074[deg]06'42'' W, near the shoreline at Brick Township, NJ.
    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 fireworks display. 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.

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 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.

[[Page 38463]]

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 the Metedeconk River 
near Brick Township, New Jersey from 8:30 p.m. to 10:00 p.m. on July 3, 
July 17, and August 14, 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 zone is limited in size and duration. Sector 
Delaware Bay will issue maritime advisories widely available to users 
of the Delaware Bay and River.

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 the 
waters of the Metedeconk River along the shoreline of Brick Township, 
NJ, in order to protect the safety of life and property on the waters 
for the duration of the fireworks display. This rule 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

[[Page 38464]]

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.T05-0522, to read as follows:


Sec.  165.T05-0522  Safety Zone, Metedeconk River; Brick Township, NJ.

    (a) Location. The regulated area of this safety zone includes all 
the waters of the Metedeconk River within a 500 yard radius of the 
fireworks launch platform in approximate position latitude 
40[deg]03'24'' N, longitude 074[deg]06'42'' W, near the shoreline at 
Brick Township, NJ.
    (b) Enforcement period. This rule will be enforced from 8:30 p.m. 
to 10:00 p.m. on July 3, July 17, and August 14, 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.
    (1) 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.

0
3. At Sec.  165.506, in the Table to Sec.  165.506, make the following 
amendments:
0
a. Under section (a). Coast Guard Sector Delaware Bay--COTP Zone, 
suspend entry ``9''.
0
b. Under, section (a). Coast Guard Sector Delaware Bay--COTP Zone, add 
entry ``17'', which will be enforced from 8:30 p.m. until 10 p.m. on 
July 3, July 17, and August 14, 2014, to read as follows:


Sec.  165.506  Safety Zones; Fireworks Displays in the Fifth Coast 
Guard District.

* * * * *

                                             Table to Sec.   165.506
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            Number                       Date                    Location                  Regulated area
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                                 (a) Coast Guard Sector Delaware Bay--COTP Zone
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                                                  * * * * * * *
17...........................  July 3rd, July 17th,      Metedeconk River, Brick   The waters of the Metedeconk
                                August 14th.              Township, NJ, Safety      River within a 500 yard
                                                          Zone.                     radius of the fireworks
                                                                                    launch platform in
                                                                                    approximate position
                                                                                    latitude 40[deg]03'24'' N,
                                                                                    longitude 074[deg]06'42'' W,
                                                                                    near the shoreline at Brick
                                                                                    Township, NJ.
 
                                                  * * * * * * *
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    Dated: June 24, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-15931 Filed 7-7-14; 8:45 am]
BILLING CODE 9110-04-P


