[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27945-27947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10008]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0281]
RIN 1625-AA00


Safety Zone; Celebrate Our Stars and Stripes Fireworks, Raritan 
Bay, Perth Amboy, NJ

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Raritan Bay near Perth Amboy, NJ, for a fireworks 
display. This temporary safety zone is necessary to protect spectators 
and vessel from the hazards associated with the fireworks display. This 
rule is intended to restrict all vessels from a portion of Raritan Bay 
during the fireworks unless authorized by the Captain of the Port 
(COTP) New York or a designated representative.

DATES: This rule is effective from 9 p.m. on July 2, 2022, until 10 
p.m. on July 3, 2022. This rule will be enforced either on July 2, 
2022, from 9 p.m. to 10 p.m. or on July 3, 2022, from 9 p.m. to 10 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0281 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Gutierrez, Lizette, U.S. Coast Guard; telephone 
(718) 354-4154, 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 the event sponsor was late in 
submitting the marine event application. This late submission did not 
give the Coast Guard enough time to publish an NPRM followed by a final 
rule before the effective date thus making it impracticable to publish 
an NPRM. The event sponsor advised that the event is in correlation 
with a festival bringing together Perth Amboy and South Amboy, NJ, to 
honor Independence Day. Any change to the date of the event would cause 
economic hardship on the event sponsor, negatively impacting other 
activities being held in conjunction with the event.
    The location of the event is centrally located between both Perth 
Amboy and South Amboy which is more advantageous for the event 
spectators and sponsors. In addition it has less of an impact on vessel 
traffic within Raritan Bay because the location is out of the major 
shipping lanes.

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 COTP New York has determined 
this temporary safety zone is necessary to ensure the safety of 
spectators and vessels from the hazards associated with the fireworks 
display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of 
Raritan Bay near Perth Amboy, NJ, for a fireworks event on July 2, 
2022. If the event is unable to happen on July 2, 2022, due to 
inclement weather, the fireworks event will instead occur on July 3, 
2022. All persons and vessels shall comply with the instruction of the 
COTP New York or a designated representative during the enforcement of 
the temporary safety zone. Entering into, transiting through, or 
anchoring within the temporary safety zone is prohibited unless 
authorized by the COTP New York or a designated representative.
    Based on the inherent hazards associated with fireworks, the COTP 
New York has determined that fireworks launches in close proximity to 
water crafts pose a significant risk to public safety and property. The 
combination of increased number of recreational vessels, congested 
waterways, darkness punctuated by bright flashes of light, and debris, 
especially burning debris falling on passing or spectator vessels, has 
the potential to result in serious injuries or fatalities. This 
temporary safety zone will restrict vessels from a portion of Raritan 
Bay around the location of the fireworks launch platform before, during 
and immediately after the fireworks display.
    The Coast Guard determined that this regulated area will not have 
significant impact on vessel traffic due to its temporary nature and 
limited size and the fact that vessels are allowed to transit the 
navigable waters outside of 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

[[Page 27946]]

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. 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).
    The Coast Guard's implementation of this temporary safety zone will 
be of short duration and is designed to minimize the impact to vessel 
traffic on the navigable waters. This temporary safety zone will only 
be enforced for approximately 60 minutes. Due to the location, vessels 
will be able to transit around the safety zone in a safe manner.

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 
call or email 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
establishment of a temporary safety zone lasting only 1 hour that will 
prohibit entry within a 300-yard radius of the fireworks barges located 
in approximate position 40[deg]29'28'' N, 074[deg]15'45'' W. 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. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 AREA

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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T01-0281 to read as follows:


Sec.  165.T01-0281  Safety Zone; Raritan Bay, Perth Amboy, NJ.

    (a) Location. The following area is a safety zone: All navigable 
waters of Raritan Bay within a 300-yard radius of the fireworks barge 
located in approximate position 40[deg]29'28'' N, 074[deg]15'45'' W, in 
the vicinity of Perth Amboy, NJ, approximately 1,110 yards southeast of 
Ferry Point, Perth Amboy, NJ.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer

[[Page 27947]]

operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port New York (COTP) 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, contact the COTP or the COTP's 
representative via VHF channel 16 or 718-354-4154 (Sector New York 
command center). 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) All persons and vessels shall comply with the instructions of 
the COTP or a designated representative. Upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashlight or other means, the 
operator of the vessel shall proceed as directed. Failure to comply 
with a lawful direction may result in expulsion from the area, citation 
for failure to comply, or both.
    (4) Spectators or other vessels shall not anchor, block, loiter, or 
impede the transit of the event participants or official patrol vessels 
in the regulated areas during the effective dates and times unless 
authorized by COTP or designated representative.
    (5) The COTP or designated representative may delay or terminate 
any marine event in this subpart at any time if it is deemed necessary 
to ensure the safety of life or property.
    (d) Enforcement period. This section will be subject to enforcement 
on either July 2, 2022, from 9 p.m. to 10 p.m. or on July 3, 2022, from 
9 p.m. through 10 p.m.

    Dated: May 4, 2022.
Z.E. Merchant,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2022-10008 Filed 5-9-22; 8:45 am]
BILLING CODE 9110-04-P


