Safety Zone; Raritan Bay, Perth Amboy, NJ, 36174-36176 [2016-13338]
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36174
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
Sector Upper
Mississippi
River location
Date
Sponsor/name
27. 1 day—Sunday of Father’s Day
weekend.
28. 3 days—4th of July weekend ...........
Winona
Steamboat
Days/Winona
Steamboat Days Fireworks.
Fair of St. Louis/Fair St. Louis .............
29. 1 day—Last weekend in June/First
weekend in July.
30. 1 day—4th of July weekend ............
Bellevue Heritage Days/Bellevue Heritage Days.
Main Street Parkway Association/Parkville 4th of July Fireworks.
Hermann Chamber of Commerce/Hermann 4th of July.
Grafton Chamber of Commerce/Grafton Chamber 4th of July Fireworks.
Salute to America Foundation, Inc./Salute to America.
McGregor/Marquette Chamber Commerce/Independence Day Celebration.
Tug Committee/Great River Tug ..........
31. 1 day—4th of July weekend ............
32. 1 day—4th of July weekend ............
33. 1 day—4th of July weekend ............
34. 1 day—4th of July weekend ............
35. 2 days—2nd weekend in August .....
36. 1 day—4th of July weekend ............
37. 2 days—3rd weekend of September
38. 4 days—3rd week of July ................
39. 2 days—Weekend that precedes
Labor Day Weekend.
40. 2 days—1st weekend of September
41. 1 day—4th of July weekend ............
42. 2nd Weekend in August ...................
43. 3rd Weekend in August ...................
44. 1 day—Weekend before Thanksgiving.
45. 2 days—A weekend in September ..
46. 1 day—4th of July weekend ............
*
*
*
*
*
City of Stillwater/St. Croix Events/Stillwater 4th of July.
Riverside Chamber of Commerce/
Riverfest.
St. Croix Events/Lumberjack Days ......
Lake of the Ozarks Shootout, Inc./Lake
of the Ozarks Shootout.
City of Keithsburg/Keithsburg Fireworks Display.
City of East Moline/City of East Moline
Fireworks.
Lansing Lion’s Club/Lansing Fish Days
Fireworks.
River Action/Floatzilla ...........................
Main Street Parkway Association/Parkville Christmas on the River.
St. Louis Drag Boat Association/New
Athens Drag Boat Race.
City of Marquette/Marquette Independence Day Celebration.
ACTION:
Dated: May 26, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2016–13239 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
mstockstill on DSK3G9T082PROD with RULES
RIN 1625–AA00
Safety Zone; Raritan Bay, Perth
Amboy, NJ
AGENCY:
Coast Guard, DHS.
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
St. Louis, MO ........
Bellevue, IA ...........
Parkville, MO ........
Hermann, MO .......
Grafton, IL .............
Jefferson City, MO
McGregor, IA ........
Port Byron, IL ........
Stillwater, MN ........
Riverside, MO .......
Stillwater, MN ........
Lake of the
Ozarks, MO.
Keithsburg, IL ........
East Moline, IA .....
Lansing, IA ............
Rock Island, Illinois
Parkville, MO ........
New Athens, IL .....
Marquette, IA ........
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Raritan Bay near
Perth Amboy, 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 Raritan Bay
during the fireworks event unless
authorized by the Captain of the Port
(COTP) New York or a designated
representative.
SUMMARY:
This rule is effective from 8:45
p.m. until 10:30 p.m. on July 1, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0297 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
DATES:
[Docket Number USCG–2016–0297]
Winona, MN ..........
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Safety zone
Upper Mississippi River mile marker
725.4 to 725.7.
Upper Mississippi River mile marker
179.2 to 180.0.
Upper Mississippi River mile marker
556.0 to 556.5.
Missouri River mile marker 378.0 to
377.5.
Missouri River mile marker 097.0 to
098.0 (Missouri).
Illinois River mile marker 001.5 to
000.5 (Illinois).
Missouri River mile marker 143.5 to
143.0 (Missouri).
Upper Mississippi River mile marker
635.7 to 634.2.
Upper Mississippi River mile marker
497.2 to 497.6 (Illinois).
St. Croix River mile marker 022.9 to
023.5 (Minnesota).
Missouri River mile marker 371.8 to
372.2.
St. Croix River mile marker 022.9 to
023.5 (Minnesota).
Lake of the Ozarks mile marker 032.5
to 034.5.
Upper Mississippi River mile marker
427.5 to 427.3.
Upper Mississippi River mile marker
490.2 to 489.8.
Upper Mississippi River mile marker
662.8–663.9.
Upper Mississippi River mile marker
479.0–486.0.
Missouri River mile marker 377.5 to
378.0.
Kaskaskia River mile marker 119.7 to
120.3.
Upper Mississippi River mile marker
634.2 to 635.7.
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email, Marine Science Technician
Daniel Vazquez, U.S. Coast Guard;
Telephone (718) 354–4154, email
daniel.vazquez@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The
event sponsor was late in submitting the
marine event application. This late
submission did not give the Coast Guard
enough time to publish an NPRM
followed by a final rule before the
effective date, thus making the
publication of a NPRM impracticable.
The event sponsor advised that the
event is in correlation with a festival
bringing together Perth Amboy and
South Amboy, NJ to honor
Independence Day. 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.
The location of the event is centrally
located between both Perth Amboy and
South Amboy which is more
advantageous for the event spectators
and sponsors. In addition, it has less of
an impact on vessel traffic within
Raritan Bay because it is out of the
major shipping lanes.
We are issuing this rule, and 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. For
the same reasons discussed in the
preceding paragraph, a delay or
cancellation is contrary to the public’s
interest.
mstockstill on DSK3G9T082PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. This
temporary safety zone is necessary to
ensure the safety of spectators and
vessels from hazards associated with the
fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on the waters of Raritan Bay
near Perth Amboy, NJ. All persons and
vessels shall comply with the
instructions of the 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 New York or a
designated representative.
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16:21 Jun 03, 2016
Jkt 238001
Based on the inherent hazards
associated with fireworks, the COTP
New York has determined that fireworks
launches in close proximity to water
crafts pose a significant risk to public
safety and property. The combination of
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 Raritan Bay around the
location of the fireworks launch
platform before, during, and
immediately after the fireworks display.
The Coast Guard 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.
Consistent with 33 CFR 165.7, the
Coast Guard will notify the public and
local mariners of this safety zone
through appropriate means, which may
include, but are not limited to,
publication in the Federal Register, the
Local Notice to Mariners, and Broadcast
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive order related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
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
approximately 135 minutes. Due to the
location, vessels will be able to transit
around the safety zone in a safe manner.
PO 00000
Frm 00039
Fmt 4700
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36175
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
E:\FR\FM\06JNR1.SGM
06JNR1
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
mstockstill on DSK3G9T082PROD with RULES
F. 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 (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. It 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 will be 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 Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
G. 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.
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 AREA
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0522 to read as
follows:
■
§ 165.T01–0522 Safety Zone; Raritan Bay,
Perth Amboy, NJ.
(a) Regulated area. The following area
is a temporary safety zone: All navigable
waters of Raritan Bay within a 300-yard
radius of the fireworks barge located in
approximate position 40°29′28″ N,
074°15′45″ W, in the vicinity of Perth
Amboy, NJ, approximately 1,110 yards
southeast of Ferry Point, Perth Amboy,
NJ.
(b) Effective and enforcement period.
This rule will be effective and enforced
from 8:45 p.m. until 10:30 p.m. on July
1, 2016.
(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 New York (COTP), to act on his or
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.
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Frm 00040
Fmt 4700
Sfmt 4700
(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 § 165.23, as
well as the following regulations, apply.
(2) No vessels, except for fireworks
barge and accompanying vessels, will be
allowed to transit the safety zone
without the permission of the COTP.
(3) All persons and vessels 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, the operator of a
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(4) Vessel operators desiring to enter
or operate within the regulated area
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.
(5) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times,
unless authorized by COTP or a
designated representative.
(6) The COTP or a designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2016–13338 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2013–0005; FRL–9947–23–
Region 10]
Finding of Attainment and Approval of
Attainment Plan for Klamath Falls,
Oregon Fine Particulate Matter
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the finding of
attainment and approving the
attainment plan submitted on December
12, 2012 by the Oregon Department of
SUMMARY:
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36174-36176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13338]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0297]
RIN 1625-AA00
Safety Zone; Raritan Bay, Perth Amboy, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Raritan Bay near Perth Amboy, 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 Raritan Bay
during the fireworks event unless authorized by the Captain of the Port
(COTP) New York or a designated representative.
DATES: This rule is effective from 8:45 p.m. until 10:30 p.m. on July
1, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0297 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email, Marine Science Technician Daniel Vazquez, U.S. Coast
Guard; Telephone (718) 354-4154, email daniel.vazquez@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the
[[Page 36175]]
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 an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The event sponsor was late in submitting the marine event
application. This late submission did not give the Coast Guard enough
time to publish an NPRM followed by a final rule before the effective
date, thus making the publication of a NPRM impracticable. The event
sponsor advised that the event is in correlation with a festival
bringing together Perth Amboy and South Amboy, NJ to honor Independence
Day. 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.
The location of the event is centrally located between both Perth
Amboy and South Amboy which is more advantageous for the event
spectators and sponsors. In addition, it has less of an impact on
vessel traffic within Raritan Bay because it is out of the major
shipping lanes.
We are issuing this rule, and 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. For the same
reasons discussed in the preceding paragraph, a delay or cancellation
is contrary to the public's interest.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the waters of
Raritan Bay near Perth Amboy, NJ. All persons and vessels shall comply
with the instructions of the 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 New York or a
designated representative.
Based on the inherent hazards associated with fireworks, the COTP
New York has determined that fireworks launches in close proximity to
water crafts pose a significant risk to public safety and property. The
combination of 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 Raritan
Bay around the location of the fireworks launch platform before,
during, and immediately after the fireworks display.
The Coast Guard 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.
Consistent with 33 CFR 165.7, the Coast Guard will notify the
public and local mariners of this safety zone through appropriate
means, which may include, but are not limited to, publication in the
Federal Register, the Local Notice to Mariners, and Broadcast Notice to
Mariners.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
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 approximately 135 minutes. Due to the location, vessels
will be able to transit around the safety zone in a safe manner.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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
[[Page 36176]]
power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. 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 (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. It 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 will be 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.
G. 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.
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 AREA
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0522 to read as follows:
Sec. 165.T01-0522 Safety Zone; Raritan Bay, Perth Amboy, NJ.
(a) Regulated area. The following area is a temporary safety zone:
All navigable waters of Raritan Bay within a 300-yard radius of the
fireworks barge located in approximate position 40[deg]29'28'' N,
074[deg]15'45'' W, in the vicinity of Perth Amboy, NJ, approximately
1,110 yards southeast of Ferry Point, Perth Amboy, NJ.
(b) Effective and enforcement period. This rule will be effective
and enforced from 8:45 p.m. until 10:30 p.m. on July 1, 2016.
(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 New York
(COTP), to act on his or 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 Sec.
165.23, as well as the following regulations, apply.
(2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
(3) All persons and vessels 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, the
operator of a vessel shall proceed as directed. Failure to comply with
a lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
(4) Vessel operators desiring to enter or operate within the
regulated area 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.
(5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, unless
authorized by COTP or a designated representative.
(6) The COTP or a designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-13338 Filed 6-3-16; 8:45 am]
BILLING CODE 9110-04-P