Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE, 48688-48690 [2014-19394]

Download as PDF 48688 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations TABLE 1 TO § 165.T01–0329 Fireworks Displays Village of Saltaire Fireworks ............................................................... • • • • 2 Date: August 2, 2014. Rain Date: August 30, 2014. Time: 8:30 p.m. to 10:30 p.m. Location: All waters of Saltaire Bay near Saltaire, NY within 600 feet of the fireworks barge located in approximate position 40° 38′37.72″ N, 073°11′58.52″ W (NAD 83). Baker Family Celebration Fireworks ................................................... • Date: August 16, 2014. • Rain Date: August 17, 2014. • Time: 8:30 p.m. to 10:30 p.m. • Location: All waters of Flanders Bay near Jamesport, NY within 600 feet of the fireworks barge located in approximate position 40°55′51.84″ N, 072°35′07.92″ W (NAD 83). Swim Event 3 Riverhead Rocks Triathlon ................................................................. • Date: August 3, 2014 • Time: 6:20 a.m. to 8:30 a.m. • Location: All waters of the Peconic River, Riverhead, NY within the area bounded to the west by a line connecting points at 40°54′58.09″ N 072°39′37.56″ W on the northern bank and 40°54′56.74″ N 072°39′37.56″ W on the southern bank and bounded to the east by a line connecting points at 40°55′01.92″ N 072°38′51.08″ W on the northern bank and 40°54′59.15″ N 072°38′51.08″ W on the southern bank (NAD 83). All positions are approximate. 1 Dated: July 31, 2014. E.J. Cubanski, III Captain, U. S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2014–19404 Filed 8–15–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0696] RIN 1625–AA00 Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of Indian River Bay in Long Neck, DE. The safety zone will restrict vessel traffic on a portion of Indian River Bay from operating while a fireworks event is taking place. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display. DATES: This rule is effective August 18, 2014 until 9:30 p.m. on August 31, 2014, and will be enforced from 8 p.m. to 9:30 p.m. on August 31, 2014. wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:38 Aug 15, 2014 Jkt 232001 Documents mentioned in this preamble are part of docket [USCG– 2014–0696]. 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 If you have questions on this temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271–4851, email Brennan.P.Dougherty@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: ADDRESSES: 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 final rule without prior notice and opportunity to comment pursuant to PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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) and (d)(3), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule, and for giving it effect upon publication, as publishing an NPRM is impracticable given that the final details for this event were not received by the Coast Guard until July 23, 2014, and this event is scheduled for August 31, 2014. Further, allowing this event to go forward without a safety zone in place would expose mariners and the public to unnecessary dangers associated with fireworks displays contrary to the public interest. B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 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. On the evening of August 31, 2014, fireworks will be launched from a barge with a fall out zone that covers part of Indian River Bay. The Captain of the Port, Sector Delaware Bay, has E:\FR\FM\18AUR1.SGM 18AUR1 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations determined that the Labor Day Long Neck Style Fireworks Display will pose significant risks to the public. The purpose of the rule is to promote public and maritime safety during a fireworks display, and to protect mariners transiting the area from the potential hazards associated with a fireworks display, such as accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. C. Discussion of the Final Rule To mitigate the risks associated with the Labor Day Long Neck Style Fireworks Display, the Captain of the Port, Sector Delaware Bay will enforce a temporary safety zone in the vicinity of the launch site. The safety zone will encompass all waters of Indian River Bay within a 300 Yard radius of the fireworks launch platform in approximate position 38°36′35.8″ N, 075°09′04.4″ W in Long Neck, DE. The safety zone will be enforced from 8 p.m. until 9:30 p.m. on August 31, 2014. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Delaware Bay, or her onscene representative. The Captain of the Port, Sector Delaware Bay, or her onscene representative may be contacted via VHF channel 16. 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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. Although this regulation will restrict access to the regulated area, the effect of this rule will not be significant because: (i) The Coast Guard will make extensive notification of the Safety Zone to the maritime public via maritime advisories so mariners can alter their plans accordingly; (ii) vessels may still be permitted to transit through the safety zone with the permission of the Captain of the Port on a case-by-case basis; and (iii) this rule will be enforced VerDate Mar<15>2010 14:38 Aug 15, 2014 Jkt 232001 for only the duration of the fireworks display. 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to anchor or transit along a portion of Indian River Bay in Long Neck, DE from 8 p.m. until 9:30 p.m. on August 31, 2014, unless cancelled earlier by the Captain of the Port once all operations are completed. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reason: Vessel traffic will be allowed to pass through the zone with permission of the Coast Guard Captain of the Port Delaware Bay or her designated representative and the zone is limited in size and duration. Sector Delaware Bay will issue maritime advisories widely available to users of the Indian River Bay. 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 48689 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 E:\FR\FM\18AUR1.SGM 18AUR1 48690 Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Rules and Regulations 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 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. Add temporary § 165.T05–0696 to read as follows: ■ 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 implementation of regulations within 33 CFR Part 165, applicable to safety zones on the navigable waterways. This zone will temporarily restrict vessel traffic from transiting the Indian River Bay along the shoreline of Long Neck, Delaware, in order to protect the safety of life and property on the waters for the duration of the fireworks display. 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. VerDate Mar<15>2010 14:38 Aug 15, 2014 Jkt 232001 § 165.T05–0696 Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE. (a) Regulated area. The following area is a safety zone: All waters of Indian River Bay within a 300 yard radius of the fireworks launch platform in approximate position 38°36′35.8″ N, 075°09′04.4″ W in Long Neck, DE. (b) Enforcement period. This rule will be enforced from 8 p.m. to 9:30 p.m. on August 31, 2014, unless cancelled earlier by the Captain of the Port once all operations are completed. (c) Regulations. All persons are required to comply with the general regulations governing safety zones in § 165.23. (1) All persons or vessels wishing to transit through the Safety Zone must request authorization to do so from the Captain of the Port or her designated representative one hour prior to the intended time of transit. (2) Vessels granted permission to transit must do so in accordance with the directions provided by the Captain of the Port or her designated representative to the vessel. (3) To seek permission to transit the Safety Zone, the Captain of the Port’s representative can be contacted via marine radio VHF Channel 16. (4) This section applies to all vessels wishing to transit through the Safety Zone except vessels that are engaged in the following operations: (i) Enforcing laws; (ii) Servicing aids to navigation; and (iii) Emergency response vessels. (5) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port; (6) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port; (7) No person may board, or take or place any article or thing on board, any PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 vessel in a safety zone without the permission of the Captain of the Port; and (8) No person may take or place any article or thing upon any waterfront facility in a safety zone without the permission of the Captain of the Port. (d) Definitions. (1) The Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on her behalf. (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the Safety Zone by Federal, State, and local agencies. Dated: August 1, 2014. B.A. Cooper, Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay. [FR Doc. 2014–19394 Filed 8–15–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Buzzards Bay and Adjacent Waters, Mass.; Danger Zones for Naval Operations; Corrections AGENCY: U. S. Army Corps of Engineers, DoD. ACTION: Correcting amendments. The U.S. Army Corps of Engineers published a document in the Federal Register on April 10, 1997 (62 FR 17550) amending its regulations to modify an existing danger zone in the waters of Buzzards Bay, Massachusetts. That document inadvertently did not include the proposed rule text that would prohibit entry into a portion of the danger zone. This document corrects the final rule by incorporating the intended prohibition of entry by persons or vessels into the designated area of the danger zone into § 334.70(a)(2). DATES: Effective date: August 18, 2014. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or by email at david.b.olson@usace.army.mil. SUPPLEMENTARY INFORMATION: The U.S. Army Corps of Engineers published a final rule in the Federal Register on April 10, 1997 (62 FR 17550), and later determined that correcting amendments need to be made to address the intended prohibited entry by vessels or persons into a portion of an established danger SUMMARY: E:\FR\FM\18AUR1.SGM 18AUR1

Agencies

[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Rules and Regulations]
[Pages 48688-48690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19394]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0696]
RIN 1625-AA00


Safety Zone, Labor Day Long Neck Style Fireworks, Indian River 
Bay; Long Neck, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Indian River Bay in Long Neck, DE. The safety zone will 
restrict vessel traffic on a portion of Indian River Bay from operating 
while a fireworks event is taking place. This temporary safety zone is 
necessary to protect the surrounding public and vessels from the 
hazards associated with a fireworks display.

DATES: This rule is effective August 18, 2014 until 9:30 p.m. on August 
31, 2014, and will be enforced from 8 p.m. to 9:30 p.m. on August 31, 
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0696]. 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 If you have questions on this temporary rule, call or 
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware 
Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 
271-4851, email Brennan.P.Dougherty@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

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) and (d)(3), the Coast Guard finds 
that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule, and for giving it effect 
upon publication, as publishing an NPRM is impracticable given that the 
final details for this event were not received by the Coast Guard until 
July 23, 2014, and this event is scheduled for August 31, 2014. 
Further, allowing this event to go forward without a safety zone in 
place would expose mariners and the public to unnecessary dangers 
associated with fireworks displays contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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.
    On the evening of August 31, 2014, fireworks will be launched from 
a barge with a fall out zone that covers part of Indian River Bay. The 
Captain of the Port, Sector Delaware Bay, has

[[Page 48689]]

determined that the Labor Day Long Neck Style Fireworks Display will 
pose significant risks to the public. The purpose of the rule is to 
promote public and maritime safety during a fireworks display, and to 
protect mariners transiting the area from the potential hazards 
associated with a fireworks display, such as accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Labor Day Long Neck Style 
Fireworks Display, the Captain of the Port, Sector Delaware Bay will 
enforce a temporary safety zone in the vicinity of the launch site. The 
safety zone will encompass all waters of Indian River Bay within a 300 
Yard radius of the fireworks launch platform in approximate position 
38[deg]36'35.8'' N, 075[deg]09'04.4'' W in Long Neck, DE. The safety 
zone will be enforced from 8 p.m. until 9:30 p.m. on August 31, 2014. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Sector 
Delaware Bay, or her on-scene representative. The Captain of the Port, 
Sector Delaware Bay, or her on-scene representative may be contacted 
via VHF channel 16.

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. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) The Coast Guard will make 
extensive notification of the Safety Zone to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
vessels may still be permitted to transit through the safety zone with 
the permission of the Captain of the Port on a case-by-case basis; and 
(iii) this rule will be enforced for only the duration of the fireworks 
display.

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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to anchor or transit along a portion of Indian River Bay in 
Long Neck, DE from 8 p.m. until 9:30 p.m. on August 31, 2014, unless 
cancelled earlier by the Captain of the Port once all operations are 
completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: Vessel 
traffic will be allowed to pass through the zone with permission of the 
Coast Guard Captain of the Port Delaware Bay or her designated 
representative and the zone is limited in size and duration. Sector 
Delaware Bay will issue maritime advisories widely available to users 
of the Indian River Bay.

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

[[Page 48690]]

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 implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic from transiting the 
Indian River Bay along the shoreline of Long Neck, Delaware, in order 
to protect the safety of life and property on the waters for the 
duration of the fireworks display. 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

    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. Add temporary Sec.  165.T05-0696 to read as follows:


Sec.  165.T05-0696  Safety Zone, Labor Day Long Neck Style Fireworks, 
Indian River Bay; Long Neck, DE.

    (a) Regulated area. The following area is a safety zone: All waters 
of Indian River Bay within a 300 yard radius of the fireworks launch 
platform in approximate position 38[deg]36[min]35.8[sec] N, 
075[deg]09[min]04.4[sec] W in Long Neck, DE.
    (b) Enforcement period. This rule will be enforced from 8 p.m. to 
9:30 p.m. on August 31, 2014, unless cancelled earlier by the Captain 
of the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23.
    (1) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or her designated representative one hour prior to the intended time of 
transit.
    (2) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of 
the Port's representative can be contacted via marine radio VHF Channel 
16.
    (4) This section applies to all vessels wishing to transit through 
the Safety Zone except vessels that are engaged in the following 
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (7) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (8) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions. (1) The Captain of the Port means the Commander of 
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port to act on 
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-19394 Filed 8-15-14; 8:45 am]
BILLING CODE 9110-04-P