Safety Zone; Meridian Health Fireworks, Navesink River, Rumson, NJ, 36215-36218 [2014-15007]

Download as PDF Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations 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. pmangrum on DSK3VPTVN1PROD 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). The Coast Guard previously completed a Categorical Exclusion Determination for these temporary safety zones in 2013. The regulation for the 2013 occurrences is similar in all aspects to this year’s regulation with the exception of the removal of one event in Deerfield Beach. This display was removed from this year’s regulation for lack of need due to low vessel spectatorship. Since this year’s event is similar to the 2013 event and regulation, the same Categorical Exclusion Determination is being referenced for this year’s regulation. The Categorical Exclusion Determination is available in the docket folder for USCG– 2013–0429 at www.regulations.gov. This VerDate Mar<15>2010 14:44 Jun 25, 2014 Jkt 232001 rule involves establishing safety zones that will be enforced from 8:30 p.m. until 10:15 p.m. on July 4, 2014. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 36215 ■ (1) Non-participant persons and vessels are prohibited from entering, transiting through, anchoring in or remaining within the safety zones unless authorized by the Captain of the Port Miami or a designated representative. (2) Non-participant persons and vessels desiring to enter, transit through, anchor in, or remain within the safety zones may contact the Captain of the Port Miami by telephone at 305–535– 4472, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within a safety zone is granted by the Captain of the Port Miami or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Miami or a designated representative. (3) The Coast Guard will provide notice of the safety zones by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Effective Date. This rule will be enforced from 8:30 p.m. until 10:15 p.m. on July 4, 2014. § 165.T07–0165 Safety Zones; July 4th Fireworks Displays within the Captain of the Port Miami Zone, FL. Dated: June 11, 2014. A.J. Gould, Captain, U.S. Coast Guard, Captain of the Port Miami. 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 165.T07–0165 to read as follows: (a) Regulated Areas. The following regulated areas are safety zones. All coordinates are North American Datum 1983. (1) Stuart, FL. All waters within a 400 yard radius around the barge from which the fireworks will be launched, located on the St. Lucie River north of City Hall at approximate position 27°12′09″ N, 80°14′20″ W. (2) West Palm Beach, FL. All waters within a 300 yard radius around the barge from which the fireworks will be launched, located on the Intracoastal Waterway north of the Royal Palm Bridge at approximate position 26°42′36″ N, 80°02′45″ W. (3) Miami, FL. All waters within a 400 yard radius around the barge from which the fireworks will be launched, located on the waters of Biscayne Bay east of Bayfront Park at approximate position 25°46′30″ N, 80°10′56″ W. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Miami in the enforcement of the regulated areas. (c) Regulations. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 [FR Doc. 2014–14905 Filed 6–25–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0353] RIN 1625–AA00 Safety Zone; Meridian Health Fireworks, Navesink River, Rumson, NJ Coast Guard, DHS. Temporary Final Rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Navesink River in the vicinity of Rumson, NJ for a fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. This rule is intended to restrict all vessels from a portion of the Navesink River before, during, and immediately after the fireworks event. SUMMARY: E:\FR\FM\26JNR1.SGM 26JNR1 36216 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations This rule is effective on June 27, 2014 from 9:15 p.m. until 10:30 p.m. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0353]. 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 Junior Grade Kristopher Kesting, Sector New York, Waterways Management, U.S. Coast Guard; Telephone (718) 354–4154, Email Kristopher.R.Kesting@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: Table of Acronyms pmangrum on DSK3VPTVN1PROD with RULES COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information The Coast Guard is issuing this 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 a late event application was received on March 13, 2014 and therefore sufficient time was not available to execute the full NPRM process. The event sponsor advised that the event is in correlation with a large Meridian Health fundraiser event, and therefore the sponsor is unable to cancel or delay the event date. 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 VerDate Mar<15>2010 14:44 Jun 25, 2014 Jkt 232001 Register. The rule must become effective on the date specified in order to provide for the safety of spectators and vessels operating in the area near this event. Delaying the effective date of this rule would be contrary to the public interest and would expose spectators and vessels to the hazards associated with the fireworks event. The sponsor advised that any change to the date of the event would cause economic hardship on the event sponsor, negatively impacting other activities being held in conjunction with the event. B. Basis and Purpose The legal basis for this rule is 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. This temporary safety zone is necessary to ensure the safety of spectators and vessels from hazards associated with the fireworks display. C. Discussion of the Final Rule This rule establishes a temporary safety zone on the navigable waters of the Navesink River, in the vicinity of Rumson, NJ. All persons and vessels shall comply with the instructions of the Captain of the Port (COTP) New York or a designated representative during the enforcement of the temporary safety zone. Entering into, transiting through, or anchoring within the temporary safety zone is prohibited unless authorized by the COTP, or a designated representative. Based on the inherent hazards associated with fireworks, the COTP New York has determined that fireworks launched in close proximity to water craft pose a significant risk to public safety and property. The combination of an increased number of recreational vessels, congested waterways, darkness punctuated by bright flashes of light, and debris, especially burning debris falling on passing or spectator vessels, has the potential to result in serious injuries or fatalities. This temporary safety zone will restrict vessels from a portion of the Navesink River around the location of the fireworks launch platform before, during, and immediately after the fireworks display. The Coast Guard has determined that this regulated area will not have a significant impact on vessel traffic due to its temporary nature and limited size and the fact that vessels are allowed to transit the navigable waters outside of the regulated area. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Advanced public notifications may also be made to the local mariners through appropriate means, which may include, but are not limited to, the Local Notice to Mariners as well as Broadcast Notice to Mariners. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of 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. The Coast Guard’s implementation of this temporary safety zone will be of short duration and is designed to minimize the impact to vessel traffic on the navigable waters. This temporary safety zone will only be enforced for a short period, in the late evening. Due to the location, vessels will be able to transit around the zone in a safe manner. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. (1) This rule will affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in a portion of the navigable waters in the vicinity of the marine event during the effective period. (2) This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be in effect for a short period, vessel traffic could pass safely around the safety E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations zone, and the Coast Guard will notify mariners before activating the zone by appropriate means which may include but are not limited to Local Notice to Mariners and Broadcast Notice to Mariners. 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. pmangrum on DSK3VPTVN1PROD with RULES 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. VerDate Mar<15>2010 14:44 Jun 25, 2014 Jkt 232001 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 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 36217 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 a temporary safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Marine safety, Navigation (water), reporting and recordkeeping requirements, waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA 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. Add § 165.T01–0353 to read as follows: ■ § 165.T01–0353 Safety Zone; Meridian Health Fireworks, Navesink River, Rumson, NJ. (a) Regulated Area. The following area is a temporary safety zone: All navigable waters of The Navesink River within a 150-yard radius of the fireworks barge located in approximate position 40°22′41.27″ N, 074°01′43.68″ W, approximately 1320 yards southwest of Locust Pt., in the vicinity of Rumson, NJ. (b) Enforcement Period. This rule is effective and will be enforced on June 27, 2014 from 9:15 p.m. until 10:30 p.m. (c) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP) New York, to act on his or E:\FR\FM\26JNR1.SGM 26JNR1 36218 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations her behalf. A designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (d) Regulations. (1) The general regulations contained in 33 CFR 165.23, as well as the following regulations, apply. (2) No spectators will be allowed to enter into, transit through, or anchor in the safety zone without the permission of the COTP or a designated representative. (3) All spectators given permission to enter or operate in the safety zone shall comply with the instructions of the COTP or a designated representative. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, vessel spectator shall proceed as directed. (4) Spectators desiring to enter or operate within the safety zone shall contact the COTP or a designated representative via VHF channel 16 or 718–354–4353 (Sector New York command center) to obtain permission to do so. Dated: June 11, 2014. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2014–15007 Filed 6–25–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0223; FRL–9912–82– Region–4] pmangrum on DSK3VPTVN1PROD with RULES Approval and Promulgation of Implementation Plans for Georgia: State Implementation Plan Miscellaneous Revisions I. This Action II. Background III. Response to Comments IV. Final Action V. Statutory and Executive Order Reviews Environmental Protection Agency. ACTION: Final rule. I. This Action The Environmental Protection Agency (EPA) is taking final action to approve the portions of revisions to the Georgia State Implementation Plan VerDate Mar<15>2010 14:44 Jun 25, 2014 Jkt 232001 This rule will be effective on July 28, 2014. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2013–0223. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30 excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Nacosta Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9140. Ms. Ward can be reached via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION: DATES: Table of Contents AGENCY: SUMMARY: (SIP), submitted by the Georgia Environmental Protection Division (GA EPD), on September 15, 2008, and August 30, 2010, that incorporate changes to the state rules reflecting the 2006 national ambient air quality standards (NAAQS) for particulate matter (PM). EPA approved the remaining portions of Georgia’s September 15, 2008, and August 30, 2010, SIP revisions in a previous rulemaking. EPA is taking final action to approve the portions of Georgia’s September 15, 2008, and August 30, 2010, SIP revisions related to the PM2.5 and PM10 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 NAAQS (collectively referred to as the ‘‘PM NAAQS’’). On May 16, 2013, EPA published a direct final rule approving the portions of Georgia’s September 15, 2008, August 30, 2010 (two submittals), and December 15, 2011, SIP submissions, that incorporate amendments to Georgia Rules 391–3–1– .02(4)(b), (c), (e), (f), and (g) reflecting the NAAQS for sulfur dioxide (SO2), nitrogen dioxide (NO2), ozone, lead, and PM in effect at the time of submittal. See 78 FR 28744. EPA published an accompanying proposed approval to the May 16, 2013, direct final rule in the event that EPA received adverse comment and withdrew the direct final rule. See 78 FR 28776. In the direct final rule, EPA stated that if adverse comments were received by June 17, 2013, the rule would be withdrawn and not take effect, the proposed rule would remain in effect, and an additional public comment period would not be instituted. On May 17, 2013, EPA received comments from a single commenter solely on the portions of the rulemaking related to the PM NAAQS; therefore, EPA withdrew the PM portions of the direct final rule. See 78 FR 41851 (July 12, 2013). The withdrawal of the PM portions did not affect EPA’s May 16, 2013, direct final action on Georgia’s SIP revisions related to the SO2, NO2, ozone, and lead NAAQS. EPA is now taking action to approve only the portions of the September 15, 2008, and August 30, 2010, SIP revisions related to the PM NAAQS. EPA has reviewed the changes to GA EPD’s rule reflecting the PM NAAQS and determined that these changes are consistent with federal regulations in effect at the time of SIP submission; thus, EPA is approving these revisions to the Georgia SIP. II. Background EPA approved a Georgia SIP revision on February 9, 2010, that adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual PM2.5 NAAQS set at 65 micrograms per cubic meter (mg/m3) and 15 mg/m3, respectively. See 75 FR 6309. On October 17, 2006, EPA revised the 24-hour PM2.5 NAAQS to 35 mg/m3 and retained the annual PM2.5 NAAQS at 15 mg/m3.1 See 71 FR 61144. Accordingly, Georgia submitted three SIP revisions one dated September 15, 2008,2 and two 1 On December 14, 2012, EPA strengthened the primary annual PM2.5 NAAQS to 12.0 mg/m3 and retained the 24-hour PM2.5 NAAQS at 35 mg/m3. See 78 FR 3086 (January 15, 2013). 2 The September 15, 2008 SIP revision includes changes to Georgia Rule 391–3–1–.02(4)(c) that update the 24-hr PM2.5 NAAQS to 35 mg/m3. These changes were state effective on June 25, 2008. E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36215-36218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15007]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0353]
RIN 1625-AA00


Safety Zone; Meridian Health Fireworks, Navesink River, Rumson, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Navesink River in the vicinity of Rumson, NJ 
for a fireworks display. This temporary safety zone is necessary to 
protect spectators and vessels from the hazards associated with 
fireworks displays. This rule is intended to restrict all vessels from 
a portion of the Navesink River before, during, and immediately after 
the fireworks event.

[[Page 36216]]


DATES: This rule is effective on June 27, 2014 from 9:15 p.m. until 
10:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0353]. 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 Junior Grade Kristopher Kesting, Sector New 
York, Waterways Management, U.S. Coast Guard; Telephone (718) 354-4154, 
Email Kristopher.R.Kesting@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 a late event application was received 
on March 13, 2014 and therefore sufficient time was not available to 
execute the full NPRM process. The event sponsor advised that the event 
is in correlation with a large Meridian Health fundraiser event, and 
therefore the sponsor is unable to cancel or delay the event date.
    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. The rule must become effective on 
the date specified in order to provide for the safety of spectators and 
vessels operating in the area near this event. Delaying the effective 
date of this rule would be contrary to the public interest and would 
expose spectators and vessels to the hazards associated with the 
fireworks event. The sponsor advised that any change to the date of the 
event would cause economic hardship on the event sponsor, negatively 
impacting other activities being held in conjunction with the event.

B. Basis and Purpose

    The legal basis for this rule is 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.
    This temporary safety zone is necessary to ensure the safety of 
spectators and vessels from hazards associated with the fireworks 
display.

C. Discussion of the Final Rule

    This rule establishes a temporary safety zone on the navigable 
waters of the Navesink River, in the vicinity of Rumson, NJ. All 
persons and vessels shall comply with the instructions of the Captain 
of the Port (COTP) New York or a designated representative during the 
enforcement of the temporary safety zone. Entering into, transiting 
through, or anchoring within the temporary safety zone is prohibited 
unless authorized by the COTP, or a designated representative.
    Based on the inherent hazards associated with fireworks, the COTP 
New York has determined that fireworks launched in close proximity to 
water craft pose a significant risk to public safety and property. The 
combination of an increased number of recreational vessels, congested 
waterways, darkness punctuated by bright flashes of light, and debris, 
especially burning debris falling on passing or spectator vessels, has 
the potential to result in serious injuries or fatalities. This 
temporary safety zone will restrict vessels from a portion of the 
Navesink River around the location of the fireworks launch platform 
before, during, and immediately after the fireworks display.
    The Coast Guard has determined that this regulated area will not 
have a significant impact on vessel traffic due to its temporary nature 
and limited size and the fact that vessels are allowed to transit the 
navigable waters outside of the regulated area.
    Advanced public notifications may also be made to the local 
mariners through appropriate means, which may include, but are not 
limited to, the Local Notice to Mariners as well as Broadcast Notice to 
Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of 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.
    The Coast Guard's implementation of this temporary safety zone will 
be of short duration and is designed to minimize the impact to vessel 
traffic on the navigable waters. This temporary safety zone will only 
be enforced for a short period, in the late evening. Due to the 
location, vessels will be able to transit around the zone in a safe 
manner.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    (1) This rule will affect the following entities, some of which may 
be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the navigable waters in the vicinity 
of the marine event during the effective period.
    (2) This safety zone would not have a significant economic impact 
on a substantial number of small entities for the following reasons: 
This rule will be in effect for a short period, vessel traffic could 
pass safely around the safety

[[Page 36217]]

zone, and the Coast Guard will notify mariners before activating the 
zone by appropriate means which may include but are not limited to 
Local Notice to Mariners and Broadcast Notice to Mariners.

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 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 a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), reporting and recordkeeping 
requirements, waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0353 to read as follows:


Sec.  165.T01-0353  Safety Zone; Meridian Health Fireworks, Navesink 
River, Rumson, NJ.

    (a) Regulated Area. The following area is a temporary safety zone: 
All navigable waters of The Navesink River within a 150-yard radius of 
the fireworks barge located in approximate position 40[deg]22'41.27'' 
N, 074[deg]01'43.68'' W, approximately 1320 yards southwest of Locust 
Pt., in the vicinity of Rumson, NJ.
    (b) Enforcement Period. This rule is effective and will be enforced 
on June 27, 2014 from 9:15 p.m. until 10:30 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is 
any Coast Guard commissioned, warrant or petty officer of the U.S. 
Coast Guard who has been designated by the Captain of the Port (COTP) 
New York, to act on his or

[[Page 36218]]

her behalf. A designated representative may be on an official patrol 
vessel or may be on shore and will communicate with vessels via VHF-FM 
radio or loudhailer. In addition, members of the Coast Guard Auxiliary 
may be present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as 
the following regulations, apply.
    (2) No spectators will be allowed to enter into, transit through, 
or anchor in the safety zone without the permission of the COTP or a 
designated representative.
    (3) All spectators given permission to enter or operate in the 
safety zone shall comply with the instructions of the COTP or a 
designated representative. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, vessel 
spectator shall proceed as directed.
    (4) Spectators desiring to enter or operate within the safety zone 
shall contact the COTP or a designated representative via VHF channel 
16 or 718-354-4353 (Sector New York command center) to obtain 
permission to do so.

    Dated: June 11, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-15007 Filed 6-25-14; 8:45 am]
BILLING CODE 9110-04-P