Safety Zone; Little Egg Harbor, Beach Haven, NJ, 50255-50257 [2022-17555]

Download as PDF Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0655] RIN 1625–AA00 Safety Zone; Little Egg Harbor, Beach Haven, NJ Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain navigable waters of Little Egg Harbor in Beach Haven, NJ. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by bargebased fireworks displays. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Delaware Bay. DATES: This rule is effective from 8 p.m. on September 3, 2022, through 10:30 p.m. on September 23, 2022. This rule will be enforced from 8 p.m. until 10:30 p.m. on September 3, 2022, or those same hours on September 4, 2022, in the case of inclement weather on September 3, 2022. It will also be enforced from 8 p.m. until 10:30 p.m. on September 23, 2022. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2022– 0655 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: If you have questions on this rule, call or email Petty Officer Dylan Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone: 215–271–4814, Email: SecDelBayWWM@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:02 Aug 15, 2022 Jkt 256001 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 event. The rule must be in force by September 3, 2022, the date the first fireworks display is scheduled for. We are taking immediate action to ensure the safety of spectators and the general public from hazards associated with a barge based 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. The rule needs to be in place by September 3, 2022, to mitigate the potential safety hazards associated with a barge based fireworks display in this location. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority granted in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port, Delaware Bay (COTP) has determined that potential hazards associated with a barge based fireworks display will be a safety concern for anyone within a 150-yard radius of the barge. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after a barge based fireworks display. IV. Discussion of the Rule This rule establishes a temporary safety zone on the waters of Little Egg Harbor in Beach Haven, NJ, during a barge based fireworks display. The first fireworks display is scheduled to take place between 8 p.m. and 10:30 p.m. on September 3, 2022, with a rain date of September 4, 2022. The second fireworks display will occur those same hours on September 23, 2022. The safety zone will extend 150 yards around the barge, which will be anchored at approximate position latitude 39°34′10″ N, longitude 074°14′31″ W. The duration of the zone is intended to PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 50255 protect personnel, vessels, and the marine environment in these navigable waters during the barge based fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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. 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). This regulatory action determination is based on the following factors: (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 during the enforcement period, they may operate in the surrounding area; (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; and (3) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Broadcast Notice to Mariners and/or Local Notice to Mariners. 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 E:\FR\FM\16AUR1.SGM 16AUR1 50256 Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations 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 call or email 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). lotter on DSK11XQN23PROD with RULES1 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. VerDate Sep<11>2014 16:02 Aug 15, 2022 Jkt 256001 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, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), 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 temporary safety zone that prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within a limited area on the navigable waters in Little Egg Harbor, during a barge based fireworks display. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ 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. 00170.1, Revision No. 01.2. 2. Add § 165.T05–0655 to read as follows: ■ § 165.T05–0655 Safety Zone; Little Egg Harbor, Beach Haven, NJ. (a) Location. The following area is a safety zone: All waters of Little Egg Harbor in Beach Haven, NJ within 150 yards of the fireworks barge anchored in approximate position latitude 39°34′10″ N, longitude 074°14′31″ W. (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. (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 p.m. until 10:30 p.m. on September 3, 2022, or those same hours on September 4, 2022, in the event of inclement weather on September 3, 2022. It will also be enforced from 8 p.m. until 10:30 p.m. on September 23, 2022. E:\FR\FM\16AUR1.SGM 16AUR1 Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Rules and Regulations Dated: August 10, 2022. Jonathan D. Theel, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2022–17555 Filed 8–15–22; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 lotter on DSK11XQN23PROD with RULES1 [EPA–R03–OAR–2017–0290; FRL–10115– 02–R3] section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sean Silverman, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–5511. Mr. Silverman can also be reached via electronic mail at silverman.sean@ epa.gov. SUPPLEMENTARY INFORMATION: INFORMATION CONTACT I. Background Air Plan Partial Disapproval; On May 9, 2019, EPA published a Commonwealth of Pennsylvania; final action fully approving certain Reasonably Available Control provisions of Pennsylvania’s May 16, Technology Regulations for the 1997 2016 SIP revision submission to and 2008 Ozone National Ambient Air implement RACT for both the 1997 and Quality Standards 2008 ozone NAAQS (hereafter the ‘‘RACT II rule’’), and conditionally AGENCY: Environmental Protection approving other provisions of the SIP Agency (EPA). revision. 84 FR 20274 (May 9, 2019). ACTION: Final rule. Specifically, EPA’s action fully SUMMARY: The Environmental Protection approved ‘‘25 Pa. Code [Pennsylvania Code] sections 121.1, 129.96, 129.97, Agency (EPA) is taking final action to and 129.100 as meeting certain aspects disapprove a specific part of a state implementation plan (SIP) revision that of major stationary source RACT in CAA section 172, 182, and 184 for the 1997 was previously approved by EPA. On and 2008 ozone NAAQS submitted May May 19, 2019, EPA fully approved certain parts of a SIP revision submitted 16, 2016’’ and conditionally approved ‘‘25 Pa. Code sections 129.98 and 129.99 by the Commonwealth of Pennsylvania based on the commitment provided by to address reasonably available control Pennsylvania to submit additional SIP technology (RACT) for the 1997 and 2008 ozone national ambient air quality revisions to address the deficiencies identified by EPA in the May 16, 2016 standards (NAAQS), and conditionally approved other parts of that submission. SIP revision.’’ Id. at 20290. The May 16, The U.S. Court of Appeals for the Third 2016 SIP submittal was intended to satisfy CAA sections 182(b)(2)(C), 182(f), Circuit vacated EPA’s approval of a portion of the SIP revision, as discussed and 184 for the 1997 and 2008 8-hour ozone NAAQS for all major sources of below. EPA is now disapproving the portion of the SIP submission addressed nitrogen oxides (NOX) and volatile organic compounds (VOCs) in by the court’s decision. This action is Pennsylvania not subject to control being taken under the Clean Air Act techniques guidelines (CTG), with a few (CAA). exceptions not relevant to this action. DATES: This final rule is effective on The Sierra Club filed a petition for September 15, 2022. review with the U.S. Third Circuit Court of Appeals. The petition challenged ADDRESSES: EPA has established a EPA’s approval of the portion of the docket for this action under Docket ID Number EPA–R03–OAR–2017–0290. All RACT II rule applicable to coal-fired electricity generating units (EGUs) documents in the docket are listed on equipped with selective catalytic the https://www.regulations.gov reduction (SCR) for control of NOX. For website. Although listed in the index, some information is not publicly these EGUs, the petition challenged available, e.g., confidential business EPA’s approval of the presumptive information (CBI) or other information RACT NOX limit of 0.12 pounds of NOX whose disclosure is restricted by statute. per Million British Thermal Units Certain other material, such as (MMBtu) of heat input (lbs/MMBtu) copyrighted material, is not placed on when the inlet temperature to the SCR the internet and will be publicly was 600 degrees Fahrenheit or above, available only in hard copy form. the less stringent NOX limits of 25 Pa. Publicly available docket materials are Code 129.97(g)(1)(vii) when the SCR available through https:// inlet temperature is below 600 degrees www.regulations.gov, or please contact Fahrenheit, and the failure of the rule to the person identified in the FOR FURTHER specifically require EGUs to keep inlet VerDate Sep<11>2014 16:02 Aug 15, 2022 Jkt 256001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 50257 temperature data and report it to the Pennsylvania Department of Environmental Protection (PADEP). In Sierra Club v. U.S. EPA, No. 19– 2562 (3rd Cir. 2020), on August 27, 2020, the Third Circuit ruled in favor of the Sierra Club and vacated the Agency’s approval of the SIP submission on all three challenged portions of Pennsylvania’s plan. On September 15, 2021, EPA proposed to disapprove the specific SIP provisions for which the court had vacated EPA’s prior approval. See 86 FR 51315. II. Summary of SIP Revisions Being Disapproved The purpose of this action is to partially disapprove those portions of Pennsylvania’s RACT II SIP for which the Third Circuit vacated EPA’s approval. The specific section of Pennsylvania’s regulation in the SIP that is at issue here is 25 Pa. Code 129.97(g)(1)(viii), which set a ‘‘presumptive’’ RACT limit for coal-fired combustion units equipped with SCR at 0.12 lbs NOX/MMBtu. The court held that the selected limit was arbitrary and capricious, in light of evidence submitted which demonstrated that EGUs covered by 25 Pa. Code 129.97(g)(1)(viii) had achieved much lower emission rates in the past and that other states had adopted lower RACT NOX limits for similar coal fired sources. Sierra Club at 299–303. The court also held that the 600-degree Fahrenheit ‘‘exemption’’ to the 0.12 lbs NOX/MMBtu was arbitrary and capricious as the record failed to support why the exemption was needed or why the threshold was set at 600 degrees. Id. at 303–307. Thus, the court vacated EPA’s approval of these two provisions, both of which are only found in 25 Pa. Code 129.97(g)(1)(viii). See Id. at 309. The court also took issue with the recordkeeping and reporting requirements of 25 Pa. Code 129.100(d), stating ‘‘[b]ecause the SIP’s 600-degree threshold necessarily depends upon accurate temperature reporting, the EPA’s approval of such inadequate requirements on this record was arbitrary and capricious.’’ Id. at 309. The court agreed with the Sierra Club that language in 25 Pa. Code 129.97(g)(1)(viii) was too vague to be enforceable and would not ensure that subject sources keep specific SCR temperature inlet data, report that data to PADEP, and make it available to the public. Further, the court explained that ‘‘[t]he combination of this lack of mandatory reporting and the temperature waiver created a potent loophole for polluters to walk through.’’ E:\FR\FM\16AUR1.SGM 16AUR1

Agencies

[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50255-50257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17555]



[[Page 50255]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0655]
RIN 1625-AA00


Safety Zone; Little Egg Harbor, Beach Haven, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of Little Egg Harbor in Beach Haven, NJ. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by barge-based fireworks 
displays. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port (COTP) 
Delaware Bay.

DATES: This rule is effective from 8 p.m. on September 3, 2022, through 
10:30 p.m. on September 23, 2022. This rule will be enforced from 8 
p.m. until 10:30 p.m. on September 3, 2022, or those same hours on 
September 4, 2022, in the case of inclement weather on September 3, 
2022. It will also be enforced from 8 p.m. until 10:30 p.m. on 
September 23, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0655 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Dylan Caikowski, U.S. Coast Guard, Sector 
Delaware Bay, Waterways Management Division, telephone: 215-271-4814, 
Email: [email protected].

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 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 event. The rule must be in force 
by September 3, 2022, the date the first fireworks display is scheduled 
for. We are taking immediate action to ensure the safety of spectators 
and the general public from hazards associated with a barge based 
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. 
The rule needs to be in place by September 3, 2022, to mitigate the 
potential safety hazards associated with a barge based fireworks 
display in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority granted in 46 
U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port, 
Delaware Bay (COTP) has determined that potential hazards associated 
with a barge based fireworks display will be a safety concern for 
anyone within a 150-yard radius of the barge. The purpose of this rule 
is to ensure safety of vessels and the navigable waters in the safety 
zone before, during, and after a barge based fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of 
Little Egg Harbor in Beach Haven, NJ, during a barge based fireworks 
display. The first fireworks display is scheduled to take place between 
8 p.m. and 10:30 p.m. on September 3, 2022, with a rain date of 
September 4, 2022. The second fireworks display will occur those same 
hours on September 23, 2022. The safety zone will extend 150 yards 
around the barge, which will be anchored at approximate position 
latitude 39[deg]34'10'' N, longitude 074[deg]14'31'' W. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during the barge based fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

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. 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).
    This regulatory action determination is based on the following 
factors: (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 
during the enforcement period, they may operate in the surrounding 
area; (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; and (3) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Broadcast Notice to Mariners and/or Local Notice to Mariners.

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

[[Page 50256]]

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 
call or email 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 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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
temporary safety zone that prohibits persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable waters in Little Egg Harbor, during a barge based 
fireworks display. It is categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:  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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T05-0655 to read as follows:


Sec.  165.T05-0655   Safety Zone; Little Egg Harbor, Beach Haven, NJ.

    (a) Location. The following area is a safety zone: All waters of 
Little Egg Harbor in Beach Haven, NJ within 150 yards of the fireworks 
barge anchored in approximate position latitude 39[deg]34'10'' N, 
longitude 074[deg]14'31'' W.
    (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.
    (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 p.m. 
until 10:30 p.m. on September 3, 2022, or those same hours on September 
4, 2022, in the event of inclement weather on September 3, 2022. It 
will also be enforced from 8 p.m. until 10:30 p.m. on September 23, 
2022.


[[Page 50257]]


    Dated: August 10, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2022-17555 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P
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