Safety Zone; Fifth Coast Guard District Fireworks Displays, Barnegat Bay; Barnegat Township, NJ, 38837-38840 [2013-15499]

Download as PDF 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. VerDate Mar<15>2010 15:54 Jun 27, 2013 Jkt 229001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 http:// 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: E:\FR\FM\28JNR1.SGM 28JNR1 38838 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 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. tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 15:54 Jun 27, 2013 Jkt 229001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28JNR1.SGM 28JNR1 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. tkelley on DSK3SPTVN1PROD with RULES 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). 15:54 Jun 27, 2013 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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: ■ E:\FR\FM\28JNR1.SGM 28JNR1 38840 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations § 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 tkelley on DSK3SPTVN1PROD with RULES 18:17 Jun 27, 2013 Jkt 229001 * 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 * * 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 E:\FR\FM\28JNR1.SGM 28JNR1

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]


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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 http://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