Safety Zone; Fireworks Display, Shark River, Neptune, NJ, 38031-38033 [2018-16620]
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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations
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
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.
amozie on DSK3GDR082PROD with RULES
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
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
VerDate Sep<11>2014
23:08 Aug 02, 2018
Jkt 244001
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 a
regulated navigation area lasting less
than 3 days that will restrict vessel
speed between the I–90 floating bridge
and a line drawn perpendicular from
Bailey Peninsula to Mercer Island. It is
categorically excluded from further
review under L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023–
01–001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 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.T13–0027 to read as
follows:
■
§ 165.T13–0027 Regulated Navigation
Area; Lake Washington; Seattle, WA.
(a) Location. The following area is a
regulated navigation area: The waters of
Lake Washington bounded by the
Interstate 90 (Mercer Island/Lacey V.
Murrow) Bridge, the western shore of
Lake Washington, and the east/west line
drawn tangent to Bailey Peninsula and
along the shoreline of Mercer Island.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Puget Sound (COTP) in the
enforcement of the regulated navigation
zone.
(c) Regulations. All vessels and
persons transiting this regulated
navigation area shall proceed at a speed
which creates minimum wake, 7 miles
per hour or less.
(d) Enforcement periods. This section
will be enforced from 8 p.m. to 8 a.m.
PO 00000
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Fmt 4700
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38031
daily from August 3, 2018, through
August 4, 2018 and from 8 p.m. to 11:59
p.m. on August 5, 2018.
Dated: July 31, 2018.
D.G. Throop,
RADM, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2018–16683 Filed 8–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0614]
RIN 1625–AA00
Safety Zone; Fireworks Display, Shark
River, Neptune, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Shark River off Neptune,
NJ, from 8:30 p.m. through 9:30 p.m. on
August 4, 2018, during the Neptune
National Night Out Fireworks Display.
The safety zone is necessary to ensure
the safety of participant vessels,
spectators, and the boating public
during the event. This regulation
prohibits persons and non-participant
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port (COTP)
Delaware Bay or a designated
representative.
SUMMARY:
This rule is effective from 8:30
p.m. through 9:30 p.m. on August 4,
2018.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0614 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 MST1 Edmund Ofalt, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division; telephone (215)
271–4814, email Edmund.J.Ofalt@
uscg.mil.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFRFR Code of Federal Regulations
DHSFR Department of Homeland Security
FR Federal Register
E:\FR\FM\03AUR1.SGM
03AUR1
38032
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations
NPRMFR 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
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest to do so. There is insufficient
time to allow for a reasonable comment
period prior to the date of the event. The
rule must be in force by August 4, 2018,
to serve its purpose of ensuring the
safety of spectators and the general
public from hazards associated with the
fireworks display. Hazards include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris.
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. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the potential safety hazards associated
with a fireworks display in this location.
amozie on DSK3GDR082PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Delaware Bay
(COTP) has determined that potential
hazards associated with the fireworks
display on August 4, 2018, will be a
safety concern for anyone within a 100yard radius of the fireworks barge,
which will be anchored in approximate
position 40°11′ 32.08″ N, 074°01′ 53.06″
W. This rule is needed to protect
persons, vessels and the public within
the safety zone during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8:30 p.m. through 9:30
p.m. on August 4, 2018, on the waters
of Shark River off Neptune, NJ, during
a fireworks display from a barge. The
event is scheduled to take place at
approximately 8:45 p.m. on August 4,
VerDate Sep<11>2014
23:08 Aug 02, 2018
Jkt 244001
2018. The safety zone will extend 100
yards around the barge, which will be
anchored at approximate position 40°11′
32.08″ N, 074°01′53.06″ W. No person or
vessel will be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the COTP Delaware
Bay or a designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP Delaware
Bay or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP Delaware Bay
or a designated representative. The
Coast Guard will provide public notice
of the safety zone by Broadcast Notice
to Mariners, and by on-scene actual
notice from designated representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders 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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The rule is not a significant regulatory
action for the following reasons: (1)
Although persons and vessels may not
enter, transit through, anchor in, or
remain within the safety zone without
authorization from the COTP Delaware
Bay or a designated representative, they
may operate in the surrounding area
during the enforcement period; (2)
persons and vessels will still be able to
enter, transit through, anchor in, or
remain within the regulated area if
authorized by the COTP Delaware Bay
or a designated representative; and (3)
the Coast Guard will provide advance
notification of the safety zone to the
local maritime community by Broadcast
Notice to Mariners, or by on-scene
actual notice from designated
representatives.
PO 00000
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Fmt 4700
Sfmt 4700
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\03AUR1.SGM
03AUR1
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / 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.
amozie on DSK3GDR082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 a safety
zone that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
water in the Shark River, for
approximately one hour. This rule is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) supporting this determination is
available in the docket where indicated
under ADDRESSES.
VerDate Sep<11>2014
23:08 Aug 02, 2018
Jkt 244001
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 AREAS
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.T05-0614 to read as
follows:
■
§ 165.T05–0614 Safety Zone; Fireworks,
Shark River, Neptune, NJ.
(a) Location. The following area is a
safety zone: All waters of the Shark
River off of Neptune, NJ, within 100
yards of the barge anchored in position
40°11′32.08″ N, 074°01′53.06″ W. All
coordinates are based on Datum NAD
1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
PO 00000
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Fmt 4700
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38033
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from 8:30 p.m. through
9:30 p.m. on August 4, 2018.
Dated: July 30, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the
Port Delaware Bay.
[FR Doc. 2018–16620 Filed 8–2–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R07–OAR–2017–0734; FRL 9981–29Region 7]
Air Plan Approval and Air Quality
Designation; MO; Redesignation of the
Missouri Portion of the St. Louis
Missouri-Illinois Area to Attainment of
the 1997 Annual Standards for Fine
Particulate Matter and Approval of
Associated Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On January 5, 2018, the
Environmental Protection Agency (EPA)
published in the Federal Register an
advanced notice of proposed
rulemaking (ANPR) specifically
requesting early input and comments on
the Agency’s interpretation that air
quality monitoring data from 2015–2017
support a finding that the Missouri
Portion of the St. Louis nonattainment
area attains the 1997 Annual National
Ambient Air Quality Standards
(NAAQS) for fine particulate matter
(PM2.5). The notice also provided an
evaluation of Missouri’s 1997 Annual
PM2.5 NAAQS maintenance plan, which
includes the 2008 and 2025 NOX and
PM2.5 motor vehicle emission budgets
(MVEBs) and established the 2008 base
year emissions inventory. EPA received
no comments on the ANPR. EPA is now
taking direct final action on three items,
consistent with the ANPR. First, EPA is
approving the state’s request to
redesignate the Missouri portion of the
St. Louis MO–IL nonattainment area to
attainment for the 1997 Annual PM2.5
NAAQS as the monitoring values
demonstrate the area attains the
standard. Second, EPA is approving the
state implementation plan (SIP) revision
containing a maintenance plan for the
SUMMARY:
E:\FR\FM\03AUR1.SGM
03AUR1
]]>Agencies
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38031-38033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16620]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0614]
RIN 1625-AA00
Safety Zone; Fireworks Display, Shark River, Neptune, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Shark River off Neptune, NJ, from 8:30 p.m. through 9:30 p.m.
on August 4, 2018, during the Neptune National Night Out Fireworks
Display. The safety zone is necessary to ensure the safety of
participant vessels, spectators, and the boating public during the
event. This regulation prohibits persons and non-participant vessels
from entering, transiting through, anchoring in, or remaining within
the safety zone unless authorized by the Captain of the Port (COTP)
Delaware Bay or a designated representative.
DATES: This rule is effective from 8:30 p.m. through 9:30 p.m. on
August 4, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0614 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 MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division; telephone (215) 271-4814, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFRFR Code of Federal Regulations
DHSFR Department of Homeland Security
FR Federal Register
[[Page 38032]]
NPRMFR 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 Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the date of the event. The rule must
be in force by August 4, 2018, to serve its purpose of ensuring the
safety of spectators and the general public from hazards associated
with the fireworks display. Hazards include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the fireworks display on August 4,
2018, will be a safety concern for anyone within a 100-yard radius of
the fireworks barge, which will be anchored in approximate position
40[deg]11' 32.08'' N, 074[deg]01' 53.06'' W. This rule is needed to
protect persons, vessels and the public within the safety zone during
the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8:30 p.m.
through 9:30 p.m. on August 4, 2018, on the waters of Shark River off
Neptune, NJ, during a fireworks display from a barge. The event is
scheduled to take place at approximately 8:45 p.m. on August 4, 2018.
The safety zone will extend 100 yards around the barge, which will be
anchored at approximate position 40[deg]11' 32.08'' N,
074[deg]01'53.06'' W. No person or vessel will be permitted to enter,
transit through, anchor in, or remain within the safety zone without
obtaining permission from the COTP Delaware Bay or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Delaware Bay or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Delaware
Bay or a designated representative. The Coast Guard will provide public
notice of the safety zone by Broadcast Notice to Mariners, and by on-
scene actual notice from designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The rule is not a significant regulatory action for the following
reasons: (1) Although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP Delaware Bay or a designated
representative, they may operate in the surrounding area during the
enforcement period; (2) persons and vessels will still be able to
enter, transit through, anchor in, or remain within the regulated area
if authorized by the COTP Delaware Bay or a designated representative;
and (3) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Broadcast Notice to Mariners,
or by on-scene actual notice from designated representatives.
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 38033]]
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
Directive 023-01 and Commandant Instruction M16475.1D, 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
a safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable water in the Shark River, for approximately one hour.
This rule is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated under
ADDRESSES.
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 AREAS
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.T05-0614 to read as follows:
Sec. 165.T05-0614 Safety Zone; Fireworks, Shark River, Neptune, NJ.
(a) Location. The following area is a safety zone: All waters of
the Shark River off of Neptune, NJ, within 100 yards of the barge
anchored in position 40[deg]11'32.08'' N, 074[deg]01'53.06'' W. All
coordinates are based on Datum NAD 1983.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Delaware Bay in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(3) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement period. This zone will be enforced from 8:30 p.m.
through 9:30 p.m. on August 4, 2018.
Dated: July 30, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2018-16620 Filed 8-2-18; 8:45 am]
BILLING CODE 9110-04-P
