Safety Zones; Fireworks Displays in the Fifth Coast Guard District, 21703-21704 [2019-10033]

Download as PDF Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacyNotice. Documents mentioned in this interim final rule as being available in the docket, and all public comments, will be in our online docket at http:// www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted. 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 BILLING CODE 9110–04–P Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. jbell on DSK3GLQ082PROD with RULES § 165.T05–0283 Fireworks Displays, Little Egg Harbor, Beach Haven, NJ. (a) Location. The following area is a safety zone: All waters of the Little Egg Harbor near Beach Haven, NJ, within 100 yards of a barge anchored in Jkt 247001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 2. Add § 165.T05–0283 to read as follows: ■ 16:32 May 14, 2019 Dated: May 10, 2019. S.E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2019–10032 Filed 5–14–19; 8:45 am] 1. The authority citation for part 165 continues to read as follows: ■ VerDate Sep<11>2014 approximate position 39°34′09.32″ N, 074°14′31.67″ 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) No vessel may take on bunkers or conduct lightering operations within the safety zone during its enforcement period(s). (4) 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 May 18, May 25, June 1, June 7, July 20, July 27, August 10, September 1, October 5, and October 12, 2019. (f) Effective period. This zone is effective May 18, 2019, through October 12, 2019. 33 CFR Part 165 [Docket No. USCG–2019–0362] Safety Zones; Fireworks Displays in the Fifth Coast Guard District AGENCY: PO 00000 Coast Guard, DHS. Frm 00017 Fmt 4700 Sfmt 4700 21703 Notice of enforcement of regulation. ACTION: The Coast Guard will enforce the Barnegat Bay, Ocean Township, NJ, safety zone from 9:00 p.m. through 10:00 p.m. on May 25, 2019. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the fireworks displays. Our regulation for safety zones of fireworks displays in the Fifth Coast Guard District identifies the regulated area for this event on Barnegat Bay in Ocean Township, NJ. During the enforcement period, vessels may not enter, remain in, or transit through the safety zone unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. SUMMARY: The regulations in the table to 33 CFR 165.506 at (a)(12) will be enforced from 9:00 p.m. through 10:00 p.m. on May 25, 2019. DATES: If you have questions about this notice of enforcement, you may call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone 215– 271–4814, email Thomas.J.Welker@ uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the safety zone in the Table to 33 CFR 165.506, entry (a)(12) for the Ocean Township Memorial Day Fireworks display from 9:00 p.m. through 10:00 p.m. on May 25, 2019. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the fireworks displays. Our regulation for safety zones of fireworks displays within the Fifth Coast Guard District, table to § 165.506, entry (a)(12), specifies the location of the regulated area as all waters of Barnegat Bay in Ocean Township, NJ, within 500 yards of a fireworks barge launch site at approximate position latitude 39°47′33″ N, longitude 074°10′46″ W. During the enforcement period, as reflected in § 165.506(d), vessels may not enter, remain in, or transit through the safety zone during the enforcement period unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of this enforcement period via broadcast notice to mariners. SUPPLEMENTARY INFORMATION: E:\FR\FM\15MYR1.SGM 15MYR1 21704 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations Dated: May 10, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi DHS Department of Homeland Security FR Federal Register LNGC Liquefied Natural Gas Carrier NPRM Notice of proposed rulemaking § Section U.S.C. United States Code [FR Doc. 2019–10033 Filed 5–14–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY II. Background Information and Regulatory History Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0322] RIN 1625–AA87 Security Zone; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard establishes two security zones. One of the zones is a temporary fixed security zone for the receiving facility’s mooring basin while the Liquefied Natural Gas Carrier (LNGC) MARVEL FALCON is moored at the facility. The other zone is a moving security zone encompassing all navigable waters within a 500-yard radius around the LNGC MARVEL FALCON while the vessel transits with cargo in the La Quinta Channel and Corpus Christi Ship Channel in Corpus Christi, TX. The security zones are needed to protect personnel, vessels, and the marine environment from potential hazards created by Liquified Natural Gas (LNG) cargo aboard the vessel. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi. DATES: This rule is effective without actual notice from 8:45 a.m. until 11:59 p.m. on May 14, 2019. For the purposes of enforcement, actual notice will be used from May 9, 2019 until 11:59 p.m. on May 14, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0322 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 Petty Officer Kevin Kyles, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5125, email Kevin.L.Kyles@ uscg.mil. jbell on DSK3GLQ082PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 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)(3)(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. We must establish these security zones by May 9, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. 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 contrary to the public interest because immediate action is needed to provide for the security of the vessel. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Corpus Christi (COTP) has determined that potential hazards associated with Liquefied Natural Gas Carrier (LNGC) MARVEL FALCON between May 9, 2019 and May 14, 2019 will be a security concern while the vessel is moored at the receiving facility and within a 500-yard radius of the vessel while the vessel is loaded with cargo. IV. Discussion of the Rule This rule establishes two security zones around LNGC MARVEL FALCON from May 9, 2019 through May 14, 2019. A fixed security zone will be in effect in the mooring basin bound by 27°52′53.38″ N, 097°16′20.66″ W on the northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 W; thence west along the shoreline to 27°52′53.38″ N, 097°16′20.66″ W, while LNGC MARVEL FALCON is moored. A moving security zone will cover all navigable waters within a 500-yard radius of the LNGC MARVEL FALCON while the vessel transits outbound with cargo through the La Quinta Channel and Corpus Christi Ship Channel. No vessel or person will be permitted to enter the security zones without obtaining permission from the COTP or a designated representative. Entry into these security zones is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Corpus Christi. Persons or vessels desiring to enter or pass through the zones must request permission from the COTP or a designated representative on VHF–FM channel 16 or by telephone at 361–939–0450. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs) of the enforcement times and dates for these security zones. 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. This regulatory action determination is based on the size, duration, and location of the security zone. This rule will impact a small designated area of the Corpus Christi Ship Channel and La Quinta Channel while the vessel is moored at the receiving facility and E:\FR\FM\15MYR1.SGM 15MYR1

Agencies

[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21703-21704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10033]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0362]


Safety Zones; Fireworks Displays in the Fifth Coast Guard 
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Barnegat Bay, Ocean Township, 
NJ, safety zone from 9:00 p.m. through 10:00 p.m. on May 25, 2019. This 
action is necessary to ensure safety of life on the navigable waters of 
the United States immediately prior to, during, and immediately after 
the fireworks displays. Our regulation for safety zones of fireworks 
displays in the Fifth Coast Guard District identifies the regulated 
area for this event on Barnegat Bay in Ocean Township, NJ. During the 
enforcement period, vessels may not enter, remain in, or transit 
through the safety zone unless authorized by the Captain of the Port or 
designated Coast Guard patrol personnel on scene.

DATES: The regulations in the table to 33 CFR 165.506 at (a)(12) will 
be enforced from 9:00 p.m. through 10:00 p.m. on May 25, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, you may call or email Petty Officer Thomas 
Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management 
Division, telephone 215-271-4814, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
in the Table to 33 CFR 165.506, entry (a)(12) for the Ocean Township 
Memorial Day Fireworks display from 9:00 p.m. through 10:00 p.m. on May 
25, 2019. This action is necessary to ensure safety of life on the 
navigable waters of the United States immediately prior to, during, and 
immediately after the fireworks displays. Our regulation for safety 
zones of fireworks displays within the Fifth Coast Guard District, 
table to Sec.  165.506, entry (a)(12), specifies the location of the 
regulated area as all waters of Barnegat Bay in Ocean Township, NJ, 
within 500 yards of a fireworks barge launch site at approximate 
position latitude 39[deg]47'33'' N, longitude 074[deg]10'46'' W. During 
the enforcement period, as reflected in Sec.  165.506(d), vessels may 
not enter, remain in, or transit through the safety zone during the 
enforcement period unless authorized by the Captain of the Port or 
designated Coast Guard patrol personnel on scene.
    In addition to this notice of enforcement in the Federal Register, 
the Coast Guard will provide notification of this enforcement period 
via broadcast notice to mariners.


[[Page 21704]]


    Dated: May 10, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-10033 Filed 5-14-19; 8:45 am]
 BILLING CODE 9110-04-P