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