Safety Zone; Fifth Coast Guard District Fireworks Displays, Barnegat Bay; Barnegat Township, NJ, 38837-38840 [2013-15499]
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Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations
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.
tkelley on DSK3SPTVN1PROD with RULES
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 a safety
zone of limited size and duration. This
rule is categorically excluded from
further review under paragraph 34(g)
and 35(b) 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
requirements, Security measures, and
Waterways.
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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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–572 to read as
follows:
■
§ 165.T11–572 Safety zone; City of Vallejo
Fourth of July Fireworks Display, Mare
Island Strait, Vallejo, CA.
(a) Location. This temporary safety
zone is established for the navigable
waters of Mare Island Strait near
Vallejo, CA as depicted in National
Oceanic and Atmospheric
Administration (NOAA) Chart 18655.
The temporary safety zone will
encompass the navigable waters around
the fireworks launch site in approximate
position 38°06′04″ N, 122°16′10″ W
(NAD 83) within a radius of 420 feet.
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 9:30 p.m.
through 10 p.m. on July 4, 2013. The
Captain of the Port San Francisco
(COTP) will notify the maritime
community of periods during which this
zone will be enforced via Broadcast
Notice to Mariners in accordance with
33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or a
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
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38837
request permission to enter the safety
zone on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: June 13, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–15595 Filed 6–27–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0431]
RIN 1625–AA00
Safety Zone; Fifth Coast Guard District
Fireworks Displays, Barnegat Bay;
Barnegat Township, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 Barnegat Bay in Barnegat
Township, New Jersey. The fireworks
display is normally held on July 4th, but
this year it will be held on July 5th. 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 Barnegat Bay near Barnegat
Township, New Jersey, during the
event.
SUMMARY:
This rule is effective on July 5,
2013, from 8:30 p.m. until 10 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0431]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Veronica Smith, U.S.
DATES:
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Coast Guard Sector Delaware Bay, Chief
of Waterways Management Division;
telephone 215–271–4902, email
veronica.l.smith@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, 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 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 not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. There is insufficient time
to undertake an NPRM and immediate
action is needed to minimize potential
danger to the public during the event.
The potential dangers posed by
fireworks displays makes a safety zone
necessary to provide for the safety of
participants, spectator craft and other
vessels transiting the event area. For the
safety concerns noted, it is in the public
interest to have these regulations in
effect during the event. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
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. It is impracticable and
contrary to the public interest to
undergo a 30 day delayed effective date
for this regulation because there is
insufficient time to do so.
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B. Basis and Purpose
Recurring fireworks displays are
frequently held on or adjacent to the
navigable waters within the boundary of
the Fifth Coast Guard District. For a
description of the geographical area of
each Coast Guard Sector—Captain of the
Port Zone, please see 33 CFR 3.25.
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The regulation listing annual
fireworks displays within the Fifth
Coast Guard District and safety zones
locations is 33 CFR 165.506. The Table
to § 165.506 identifies fireworks
displays by COTP zone, with the COTP
Delaware Bay zone listed in section
‘‘(a)’’ of the Table.
Barnegat Township sponsors an
annual fireworks display held on July
4th over the waters of Barnegat Bay,
Barnegat Township, New Jersey. The
Table to § 165.506, at section (a) event
number ‘‘5’’, describes the enforcement
date and regulated location for this
fireworks event.
In the Table, this fireworks display
occurs annually on July 4th. However,
this year, the fireworks event will be
held on July 5th, 2013.
A fleet of spectator vessels are
anticipated to gather nearby to view the
fireworks display. Due to the need for
vessel control during the fireworks
display, vessel traffic will be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels. Under provisions of
33 CFR 165.506, during the enforcement
period, vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 165.506, section (a) event Number ‘‘5’’,
and insert this temporary regulation at
Table to § 165.506, at section (a.) as
event Number ‘‘17’’, in order to reflect
that the fireworks display will be held
on July 5, 2013, and therefore change
the enforcement date. This change is
needed to accommodate the sponsor’s
event plan. No other portion of the
Table to § 165.506 or other provisions in
§ 165.506 shall be affected by this
regulation.
The regulated area of this safety zone
includes all the waters of Barnegat Bay
within a 500 yard radius of the
fireworks barge in approximate position
latitude 39°44′50″ N, longitude
074°11′21″ W, approximately 500 yards
north of Conklin Island, NJ.
This safety zone will restrict general
navigation in the regulated area during
the fireworks event. Except for persons
or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the regulated
area during the effective period. The
regulated area is needed to control
vessel traffic during the event for the
safety of participants and transiting
vessels.
In addition to notice in the Federal
Register, the maritime community will
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be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
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.
This rule prevents traffic from
transiting a portion of the Barnegat Bay,
off of Barnegat Township, New Jersey
during the specified event, the effect of
this regulation will not be significant
due to the limited duration that the
regulated area will be in effect and the
extensive advance notifications that will
be made to the maritime community via
marine information broadcasts, local
radio stations and area newspapers so
that mariners can adjust their plans
accordingly. Additionally, this
rulemaking changes the enforcement
date for Barnegat Bay, Barnegat
Township, New Jersey fireworks
demonstration for July 5, 2013 only and
does not change the permanent
enforcement period that has been
published in 33 CFR 165.506, Table to
§ 165.506 at section (a), event Number
‘‘5’’. In some cases vessel traffic may be
able to transit the regulated area when
the Coast Guard Patrol Commander
deems it is safe to do so.
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
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Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations
significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
Barnegat Bay, off of Barnegat Township,
New Jersey, where fireworks events are
being held. This regulation will not
have a significant impact on a
substantial number of small entities
because it will be enforced only during
the fireworks display event that has
been permitted by the Coast Guard
Captain of the Port. The Captain of the
Port will ensure that small entities are
able to operate in the regulated area
when it is safe to do so. In some cases,
vessels will be able to safely transit
around the regulated area at various
times, and, with the permission of the
Patrol Commander, vessels may transit
through the regulated area. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
mariners can adjust their plans
accordingly.
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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).
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Jkt 229001
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
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
VerDate Mar<15>2010
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.
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
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38839
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 the
establishment of safety zones. 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.
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
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.
2. In § 165.506, amend part (a) in the
Table to § 165.506 by—
■ a. Suspending entry 5, ‘‘Barnegat Bay,
Barnegat Township, NJ, Safety zone,’’
from 8:30 p.m. until 10 p.m. on July 5,
2013.
■ b. Adding entry 17, from 8:30 p.m.
until 10 p.m. on July 5, 2013, to read as
follows:
■
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§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District
No.
Date
Location
Regulated area
(a) Coast Guard Sector Delaware Bay—COTP Zone
*
17 ......................
*
July 5 ................
*
*
*
*
*
Barnegat Bay, Barnegat Township, NJ, Safety Zone..
*
*
*
*
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
Final Priority—National Institute on
Disability and Rehabilitation
Research—Rehabilitation Research
and Training Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
[CFDA Number: 84.133B–8]
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). Specifically, we
announce a priority for a Rehabilitation
Research and Training Center (RRTC) on
Disability in Rural Areas. The Assistant
Secretary may use this priority for
competitions in fiscal year (FY) 2013
and later years. We take this action to
focus research attention on areas of
national need. We intend this priority to
improve outcomes among individuals
with disabilities in rural areas.
DATES: This priority is effective July 29,
2013.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202–2700.
Telephone: (202) 245–7532 or by email:
marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
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*
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–15499 Filed 6–27–13; 8:45 am]
VerDate Mar<15>2010
*
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
*
Dated: May 30, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port Sector Delaware Bay.
SUMMARY:
*
*
*
The waters of Barnegat Bay within a 500 yard radius of the fireworks
barge in approximate position latitude 39°44′50″ N, longitude
074°11′21″ W, approximately 500 yards north of Conklin Island,
NJ.
Purpose of Program: The purpose of
the Disability and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
demonstration projects, training, and
related activities, including
international activities, to develop
methods, procedures, and rehabilitation
technology that maximize the full
inclusion and integration into society,
employment, independent living, family
support, and economic and social selfsufficiency of individuals with
disabilities, especially individuals with
the most severe disabilities, and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
Rehabilitation Research and Training
Centers
The purpose of the RRTCs, which are
funded through the Disability and
Rehabilitation Research Projects and
Centers Program, is to achieve the goals
of the Rehabilitation Act, as amended,
through advanced research, training,
technical assistance, and dissemination
activities in general problem areas, as
specified by NIDRR. These activities are
designed to benefit rehabilitation
service providers, individuals with
disabilities, and the family members or
other authorized representatives of
individuals with disabilities. Additional
information on the RRTC program can
be found at: www.ed.gov/rschstat/
research/pubs/res-program.html#RRTC.
Program Authority: 29 U.S.C. 762(g) and
764(b)(2).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priority (NPP) in the Federal Register
on May 7, 2013 (78 FR 26560). That
notice contained background
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*
*
information and our reasons for
proposing the particular priority.
Except for minor technical revisions,
there are no differences between the
proposed priority and the final priority.
Public Comment: In response to our
invitation in the NPP, we did not
receive any comments on the proposed
priority.
Final Priority
RRTC on Disability in Rural Areas.
The Assistant Secretary for Special
Education and Rehabilitative Services
establishes a priority for a Rehabilitation
Research and Training Center (RRTC) on
Disability in Rural Areas. This RRTC
must conduct rigorous research, and
provide training, technical assistance,
and information to improve the
outcomes of individuals with
disabilities who live in rural areas. The
RRTC must:
(a) Conduct research that examines
experiences and outcomes of
individuals with disabilities who live in
rural areas and apply the research
findings to develop interventions that
improve those outcomes. Applicants
must focus their research activities on
topics that fall under at least one of the
following major life domains identified
in NIDRR’s Long-Range Plan for Fiscal
Years 2013–2017 (78 FR 20299):
Employment, Community Living and
Participation, or Health and Function;
(b) Serve as a national resource center
for individuals with disabilities living
in rural areas, their families, service and
support providers, and other
stakeholders by conducting knowledge
translation activities that include, but
are not limited to:
(1) Providing information and
technical assistance to service
providers, individuals with disabilities
living in rural areas and their
representatives, and other key
stakeholders;
(2) Providing training, including
graduate, pre-service, and in-service
training, to rehabilitation service
providers and other disability service
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]]>Agencies
[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38837-38840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15499]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0431]
RIN 1625-AA00
Safety Zone; Fifth Coast Guard District Fireworks Displays,
Barnegat Bay; Barnegat Township, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 Barnegat Bay in Barnegat Township, New Jersey. The
fireworks display is normally held on July 4th, but this year it will
be held on July 5th. 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 Barnegat Bay near
Barnegat Township, New Jersey, during the event.
DATES: This rule is effective on July 5, 2013, from 8:30 p.m. until 10
p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0431]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, U.S.
[[Page 38838]]
Coast Guard Sector Delaware Bay, Chief of Waterways Management
Division; telephone 215-271-4902, email veronica.l.smith@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Barbara Hairston, 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 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 not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. There is
insufficient time to undertake an NPRM and immediate action is needed
to minimize potential danger to the public during the event. The
potential dangers posed by fireworks displays makes a safety zone
necessary to provide for the safety of participants, spectator craft
and other vessels transiting the event area. For the safety concerns
noted, it is in the public interest to have these regulations in effect
during the event. The Coast Guard will issue broadcast notice to
mariners to advise vessel operators of navigational restrictions. On
scene Coast Guard and local law enforcement vessels will also provide
actual notice to mariners.
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. It is impracticable and contrary
to the public interest to undergo a 30 day delayed effective date for
this regulation because there is insufficient time to do so.
B. Basis and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP Delaware Bay zone listed in section ``(a)'' of the Table.
Barnegat Township sponsors an annual fireworks display held on July
4th over the waters of Barnegat Bay, Barnegat Township, New Jersey. The
Table to Sec. 165.506, at section (a) event number ``5'', describes
the enforcement date and regulated location for this fireworks event.
In the Table, this fireworks display occurs annually on July 4th.
However, this year, the fireworks event will be held on July 5th, 2013.
A fleet of spectator vessels are anticipated to gather nearby to
view the fireworks display. Due to the need for vessel control during
the fireworks display, vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 165.506, section (a) event Number ``5'', and insert this
temporary regulation at Table to Sec. 165.506, at section (a.) as
event Number ``17'', in order to reflect that the fireworks display
will be held on July 5, 2013, and therefore change the enforcement
date. 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 shall be affected by this regulation.
The regulated area of this safety zone includes all the waters of
Barnegat Bay within a 500 yard radius of the fireworks barge in
approximate position latitude 39[deg]44'50'' N, longitude
074[deg]11'21'' W, approximately 500 yards north of Conklin Island, NJ.
This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event for
the safety of participants and transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
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.
This rule prevents traffic from transiting a portion of the
Barnegat Bay, off of Barnegat Township, New Jersey during the specified
event, the effect of this regulation will not be significant due to the
limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts, local radio stations and
area newspapers so that mariners can adjust their plans accordingly.
Additionally, this rulemaking changes the enforcement date for Barnegat
Bay, Barnegat Township, New Jersey fireworks demonstration for July 5,
2013 only and does not change the permanent enforcement period that has
been published in 33 CFR 165.506, Table to Sec. 165.506 at section
(a), event Number ``5''. In some cases vessel traffic may be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.
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
[[Page 38839]]
significant economic impact on a substantial number of small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in Barnegat Bay, off of Barnegat Township, New
Jersey, where fireworks events are being held. This regulation will not
have a significant impact on a substantial number of small entities
because it will be enforced only during the fireworks display event
that has been permitted by the Coast Guard Captain of the Port. The
Captain of the Port will ensure that small entities are able to operate
in the regulated area when it is safe to do so. In some cases, vessels
will be able to safely transit around the regulated area at various
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard will issue maritime advisories so mariners can adjust their
plans accordingly.
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 the establishment of safety zones. 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.
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; 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. In Sec. 165.506, amend part (a) in the Table to Sec. 165.506 by--
0
a. Suspending entry 5, ``Barnegat Bay, Barnegat Township, NJ, Safety
zone,'' from 8:30 p.m. until 10 p.m. on July 5, 2013.
0
b. Adding entry 17, from 8:30 p.m. until 10 p.m. on July 5, 2013, to
read as follows:
[[Page 38840]]
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District
----------------------------------------------------------------------------------------------------------------
No. Date Location Regulated area
----------------------------------------------------------------------------------------------------------------
(a) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.......................... July 5...................... Barnegat Bay, Barnegat The waters of Barnegat Bay
Township, NJ, Safety within a 500 yard radius
Zone.. of the fireworks barge in
approximate position
latitude 39[deg]44'50'' N,
longitude 074[deg]11'21''
W, approximately 500 yards
north of Conklin Island,
NJ.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: May 30, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. 2013-15499 Filed 6-27-13; 8:45 am]
BILLING CODE 9110-04-P
