[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 
<a href="/cdn-cgi/l/email-protection#fcbd919d92989dd2b2d2be93939299bc898f9f9bd2919590"><span class="__cf_email__" data-cfemail="42032f232c26236c0c6c002d2d2c2702373121256c2f2b2e">[email protected]</span></a>.

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


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