81_FR_36282 81 FR 36174 - Safety Zone; Raritan Bay, Perth Amboy, NJ

81 FR 36174 - Safety Zone; Raritan Bay, Perth Amboy, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36174-36176
FR Document2016-13338

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.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36174-36176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13338]


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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 http://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 [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

[[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



                                                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
                                                                    Date                                            Sponsor/name                              Mississippi                         Safety zone
                                                                                                                                                             River location

                                                27. 1 day—Sunday of Father’s Day                    Winona       Steamboat      Days/Winona               Winona, MN ..........       Upper Mississippi River mile marker
                                                  weekend.                                            Steamboat Days Fireworks.                                                           725.4 to 725.7.
                                                28. 3 days—4th of July weekend ...........          Fair of St. Louis/Fair St. Louis .............        St. Louis, MO ........      Upper Mississippi River mile marker
                                                                                                                                                                                          179.2 to 180.0.
                                                29. 1 day—Last weekend in June/First                Bellevue Heritage Days/Bellevue Herit-                Bellevue, IA ...........    Upper Mississippi River mile marker
                                                  weekend in July.                                    age Days.                                                                           556.0 to 556.5.
                                                30. 1 day—4th of July weekend ............          Main Street Parkway Association/Park-                 Parkville, MO ........      Missouri River mile marker 378.0 to
                                                                                                      ville 4th of July Fireworks.                                                        377.5.
                                                31. 1 day—4th of July weekend ............          Hermann Chamber of Commerce/Her-                      Hermann, MO .......         Missouri River mile marker 097.0 to
                                                                                                      mann 4th of July.                                                                   098.0 (Missouri).
                                                32. 1 day—4th of July weekend ............          Grafton Chamber of Commerce/Graf-                     Grafton, IL .............   Illinois River mile marker 001.5 to
                                                                                                      ton Chamber 4th of July Fireworks.                                                  000.5 (Illinois).
                                                33. 1 day—4th of July weekend ............          Salute to America Foundation, Inc./Sa-                Jefferson City, MO          Missouri River mile marker 143.5 to
                                                                                                      lute to America.                                                                    143.0 (Missouri).
                                                34. 1 day—4th of July weekend ............          McGregor/Marquette Chamber Com-                       McGregor, IA ........       Upper Mississippi River mile marker
                                                                                                      merce/Independence Day Celebra-                                                     635.7 to 634.2.
                                                                                                      tion.
                                                35. 2 days—2nd weekend in August .....              Tug Committee/Great River Tug ..........              Port Byron, IL ........     Upper Mississippi River mile marker
                                                                                                                                                                                        497.2 to 497.6 (Illinois).
                                                36. 1 day—4th of July weekend ............          City of Stillwater/St. Croix Events/Still-            Stillwater, MN ........     St. Croix River mile marker 022.9 to
                                                                                                      water 4th of July.                                                                023.5 (Minnesota).
                                                37. 2 days—3rd weekend of September                 Riverside Chamber of Commerce/                        Riverside, MO .......       Missouri River mile marker 371.8 to
                                                                                                      Riverfest.                                                                        372.2.
                                                38. 4 days—3rd week of July ................        St. Croix Events/Lumberjack Days ......               Stillwater, MN ........     St. Croix River mile marker 022.9 to
                                                                                                                                                                                        023.5 (Minnesota).
                                                39. 2 days—Weekend that precedes                    Lake of the Ozarks Shootout, Inc./Lake                Lake of the                 Lake of the Ozarks mile marker 032.5
                                                  Labor Day Weekend.                                  of the Ozarks Shootout.                               Ozarks, MO.                 to 034.5.
                                                40. 2 days—1st weekend of September                 City of Keithsburg/Keithsburg Fire-                   Keithsburg, IL ........     Upper Mississippi River mile marker
                                                                                                      works Display.                                                                    427.5 to 427.3.
                                                41. 1 day—4th of July weekend ............          City of East Moline/City of East Moline               East Moline, IA .....       Upper Mississippi River mile marker
                                                                                                      Fireworks.                                                                        490.2 to 489.8.
                                                42. 2nd Weekend in August ...................       Lansing Lion’s Club/Lansing Fish Days                 Lansing, IA ............    Upper Mississippi River mile marker
                                                                                                      Fireworks.                                                                        662.8–663.9.
                                                43. 3rd Weekend in August ...................       River Action/Floatzilla ...........................   Rock Island, Illinois       Upper Mississippi River mile marker
                                                                                                                                                                                        479.0–486.0.
                                                44. 1 day—Weekend before Thanks-                    Main Street Parkway Association/Park-                 Parkville, MO ........      Missouri River mile marker 377.5 to
                                                  giving.                                             ville Christmas on the River.                                                     378.0.
                                                45. 2 days—A weekend in September ..                St. Louis Drag Boat Association/New                   New Athens, IL .....        Kaskaskia River mile marker 119.7 to
                                                                                                      Athens Drag Boat Race.                                                            120.3.
                                                46. 1 day—4th of July weekend ............          City of Marquette/Marquette Independ-                 Marquette, IA ........      Upper Mississippi River mile marker
                                                                                                      ence Day Celebration.                                                             634.2 to 635.7.



                                                *      *      *       *      *                              ACTION:     Temporary final rule.                               Folder on the line associated with this
                                                  Dated: May 26, 2016.                                                                                                      rule.
                                                                                                            SUMMARY:   The Coast Guard is                                   FOR FURTHER INFORMATION CONTACT: If
                                                M.L. Malloy,
                                                                                                            establishing a temporary safety zone on                         you have questions on this rule, call or
                                                Captain, U.S. Coast Guard, Captain of the                   the navigable waters of Raritan Bay near
                                                Port Upper Mississippi River.                                                                                               email, Marine Science Technician
                                                                                                            Perth Amboy, NJ for a fireworks display.                        Daniel Vazquez, U.S. Coast Guard;
                                                [FR Doc. 2016–13239 Filed 6–3–16; 8:45 am]                  This temporary safety zone is necessary                         Telephone (718) 354–4154, email
                                                BILLING CODE 9110–04–P                                      to protect spectators and vessels from                          daniel.vazquez@uscg.mil.
                                                                                                            the hazards associated with fireworks
                                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                            displays. This rule is intended to restrict
                                                DEPARTMENT OF HOMELAND                                      all vessels from a portion of Raritan Bay                       I. Table of Abbreviations
                                                SECURITY                                                    during the fireworks event unless                               CFR Code of Federal Regulations
                                                Coast Guard                                                 authorized by the Captain of the Port                           DHS Department of Homeland Security
                                                                                                            (COTP) New York or a designated                                 FR Federal Register
                                                33 CFR Part 165                                             representative.                                                 NPRM Notice of proposed rulemaking
                                                                                                                                                                            § Section
                                                                                                            DATES: This rule is effective from 8:45                         U.S.C. United States Code
mstockstill on DSK3G9T082PROD with RULES




                                                [Docket Number USCG–2016–0297]                              p.m. until 10:30 p.m. on July 1, 2016.
                                                                                                            ADDRESSES: To view documents                                    II. Background Information and
                                                RIN 1625–AA00                                               mentioned in this preamble as being                             Regulatory History
                                                Safety Zone; Raritan Bay, Perth                             available in the docket, go to http://                            The Coast Guard is issuing this
                                                Amboy, NJ                                                   www.regulations.gov, type USCG–2016–                            temporary rule without prior notice and
                                                                                                            0297 in the ‘‘SEARCH’’ box and click                            opportunity to comment pursuant to
                                                AGENCY:    Coast Guard, DHS.                                ‘‘SEARCH.’’ Click on Open Docket                                authority under section 4(a) of the


                                           VerDate Sep<11>2014    16:21 Jun 03, 2016   Jkt 238001    PO 00000     Frm 00038     Fmt 4700    Sfmt 4700     E:\FR\FM\06JNR1.SGM         06JNR1


                                                                     Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations                                          36175

                                                Administrative Procedure Act (APA) (5                      Based on the inherent hazards                       B. Impact on Small Entities
                                                U.S.C. 553(b)). This provision                          associated with fireworks, the COTP                       The Regulatory Flexibility Act of
                                                authorizes an agency to issue a rule                    New York has determined that fireworks                 1980, 5 U.S.C. 601–612, as amended,
                                                without prior notice and opportunity to                 launches in close proximity to water                   requires Federal agencies to consider
                                                comment when the agency for good                        crafts pose a significant risk to public               the potential impact of regulations on
                                                cause finds that those procedures are                   safety and property. The combination of                small entities during rulemaking. The
                                                ‘‘impracticable, unnecessary, or contrary               increased number of recreational
                                                                                                                                                               term ‘‘small entities’’ comprises small
                                                to the public interest.’’ Under 5 U.S.C.                vessels, congested waterways, darkness
                                                                                                                                                               businesses, not-for-profit organizations
                                                553(b)(B), the Coast Guard finds that                   punctuated by bright flashes of light,
                                                                                                                                                               that are independently owned and
                                                good cause exists for not publishing an                 and debris, especially burning debris
                                                                                                                                                               operated and are not dominant in their
                                                NPRM with respect to this rule because                  falling on passing or spectator vessels,
                                                                                                                                                               fields, and governmental jurisdictions
                                                doing so would be impracticable and                     has the potential to result in serious
                                                                                                                                                               with populations of less than 50,000.
                                                contrary to the public interest. The                    injuries or fatalities. This temporary
                                                                                                                                                               The Coast Guard certifies under 5 U.S.C.
                                                event sponsor was late in submitting the                safety zone will restrict vessels from a
                                                                                                                                                               605(b) that this rule will not have a
                                                marine event application. This late                     portion of Raritan Bay around the
                                                                                                                                                               significant economic impact on a
                                                submission did not give the Coast Guard                 location of the fireworks launch
                                                                                                        platform before, during, and                           substantial number of small entities.
                                                enough time to publish an NPRM
                                                followed by a final rule before the                     immediately after the fireworks display.                  While some owners or operators of
                                                effective date, thus making the                            The Coast Guard determined that this                vessels intending to transit the safety
                                                publication of a NPRM impracticable.                    regulated area will not have a significant             zone may be small entities, for the
                                                The event sponsor advised that the                      impact on vessel traffic due to its                    reasons stated in section V.A above, this
                                                event is in correlation with a festival                 temporary nature and limited size and                  rule will not have a significant
                                                bringing together Perth Amboy and                       the fact that vessels are allowed to                   economic impact on any vessel owner
                                                South Amboy, NJ to honor                                transit the navigable waters outside of                or operator.
                                                Independence Day. Any change to the                     the regulated area.                                       Under section 213(a) of the Small
                                                date of the event would cause economic                     Consistent with 33 CFR 165.7, the                   Business Regulatory Enforcement
                                                hardship on the event sponsor,                          Coast Guard will notify the public and                 Fairness Act of 1996 (Pub. L. 104–121),
                                                negatively impacting other activities                   local mariners of this safety zone                     we want to assist small entities in
                                                being held in conjunction with the                      through appropriate means, which may                   understanding this rule. If the rule
                                                event.                                                  include, but are not limited to,                       would affect your small business,
                                                   The location of the event is centrally               publication in the Federal Register, the               organization, or governmental
                                                located between both Perth Amboy and                    Local Notice to Mariners, and Broadcast                jurisdiction and you have questions
                                                South Amboy which is more                               Notice to Mariners.                                    concerning its provisions or options for
                                                advantageous for the event spectators                                                                          compliance, please contact the person
                                                                                                        V. Regulatory Analyses                                 listed in the FOR FURTHER INFORMATION
                                                and sponsors. In addition, it has less of
                                                an impact on vessel traffic within                        We developed this rule after                         CONTACT section.
                                                Raritan Bay because it is out of the                    considering numerous statutes and                         Small businesses may send comments
                                                major shipping lanes.                                   Executive order related to rulemaking.                 on the actions of Federal employees
                                                   We are issuing this rule, and under 5                Below we summarize our analyses                        who enforce, or otherwise determine
                                                U.S.C. 553(d)(3), the Coast Guard finds                 based on a number of these statutes and                compliance with, Federal regulations to
                                                that good cause exists for making this                  Executive orders, and we discuss First                 the Small Business and Agriculture
                                                rule effective less than 30 days after                  Amendment rights of protestors.                        Regulatory Enforcement Ombudsman
                                                publication in the Federal Register. For                                                                       and the Regional Small Business
                                                                                                        A. Regulatory Planning and Review                      Regulatory Fairness Boards. The
                                                the same reasons discussed in the
                                                preceding paragraph, a delay or                            Executive Orders 12866 and 13563                    Ombudsman evaluates these actions
                                                cancellation is contrary to the public’s                direct agencies to assess the costs and                annually and rates each agency’s
                                                interest.                                               benefits of available regulatory                       responsiveness to small business. If you
                                                                                                        alternatives and, if regulation is                     wish to comment on actions by
                                                III. Legal Authority and Need for Rule                  necessary, to select regulatory                        employees of the Coast Guard, call 1–
                                                   The Coast Guard is issuing this rule                 approaches that maximize net benefits.                 888–REG–FAIR (1–888–734–3247). The
                                                under authority in 33 U.S.C. 1231. This                 Executive Order 13563 emphasizes the                   Coast Guard will not retaliate against
                                                temporary safety zone is necessary to                   importance of quantifying both costs                   small entities that question or complain
                                                ensure the safety of spectators and                     and benefits, of reducing costs, of                    about this rule or any policy or action
                                                vessels from hazards associated with the                harmonizing rules, and of promoting                    of the Coast Guard.
                                                fireworks display.                                      flexibility. This rule has not been
                                                                                                        designated a ‘‘significant regulatory                  C. Collection of Information
                                                IV. Discussion of the Rule                              action,’’ under Executive Order 12866.                   This rule will not call for a new
                                                  This rule establishes a temporary                     Accordingly, it has not been reviewed                  collection of information under the
                                                safety zone on the waters of Raritan Bay                by the Office of Management and                        Paperwork Reduction Act of 1995 (44
                                                near Perth Amboy, NJ. All persons and                   Budget.                                                U.S.C. 3501–3520).
                                                vessels shall comply with the                              The Coast Guard’s implementation of
                                                instructions of the COTP New York or                    this temporary safety zone will be of                  D. Federalism and Indian Tribal
                                                                                                                                                               Governments
mstockstill on DSK3G9T082PROD with RULES




                                                a designated representative during the                  short duration and is designed to
                                                enforcement of the temporary safety                     minimize the impact to vessel traffic on                  A rule has implications for federalism
                                                zone. Entering into, transiting through,                the navigable waters. This temporary                   under Executive Order 13132,
                                                or anchoring within the temporary                       safety zone will only be enforced for                  Federalism, if it has a substantial direct
                                                safety zone is prohibited unless                        approximately 135 minutes. Due to the                  effect on the States, on the relationship
                                                authorized by the COTP New York or a                    location, vessels will be able to transit              between the national government and
                                                designated representative.                              around the safety zone in a safe manner.               the States, or on the distribution of


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                                                36176                Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations

                                                power and responsibilities among the                    G. Protest Activities                                     (3) Spectators. All persons and vessels
                                                various levels of government. We have                     The Coast Guard respects the First                   not registered with the event sponsor as
                                                analyzed this rule under that Order and                 Amendment rights of protesters.                        participants or official patrol vessels.
                                                have determined that it is consistent                   Protesters are asked to contact the                       (d) Regulations. (1) The general
                                                with the fundamental federalism                         person listed in the FOR FURTHER                       regulations contained in § 165.23, as
                                                principles and preemption requirements                  INFORMATION CONTACT section to                         well as the following regulations, apply.
                                                described in Executive Order 13132.                     coordinate protest activities so that your                (2) No vessels, except for fireworks
                                                                                                        message can be received without                        barge and accompanying vessels, will be
                                                   Also, this rule does not have tribal
                                                                                                        jeopardizing the safety or security of                 allowed to transit the safety zone
                                                implications under Executive Order
                                                                                                        people, places, or vessels.                            without the permission of the COTP.
                                                13175, Consultation and Coordination                                                                              (3) All persons and vessels shall
                                                with Indian Tribal Governments,                         List of Subjects in 33 CFR Part 165                    comply with the instructions of the
                                                because it does not have a substantial                                                                         COTP or a designated representative.
                                                                                                          Harbors, Marine safety, Navigation
                                                direct effect on one or more Indian                                                                            Upon being hailed by a U.S. Coast
                                                                                                        (water), Reporting and recordkeeping
                                                tribes, on the relationship between the                 requirements, Security measures,                       Guard vessel by siren, radio, flashing
                                                Federal Government and Indian tribes,                   Waterways.                                             light, or other means, the operator of a
                                                or on the distribution of power and                                                                            vessel shall proceed as directed. Failure
                                                                                                          For the reasons discussed in the
                                                responsibilities between the Federal                                                                           to comply with a lawful direction may
                                                                                                        preamble, the Coast Guard amends 33
                                                Government and Indian tribes. If you                                                                           result in expulsion from the area,
                                                                                                        CFR part 165 as follows:
                                                believe this rule has implications for                                                                         citation for failure to comply, or both.
                                                federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION                             (4) Vessel operators desiring to enter
                                                contact the person listed in the FOR                    AREAS AND LIMITED ACCESS AREA                          or operate within the regulated area
                                                FURTHER INFORMATION CONTACT section                                                                            shall contact the COTP or a designated
                                                above.                                                  ■ 1. The authority citation for part 165               representative via VHF channel 16 or
                                                                                                        continues to read as follows:                          718–354–4353 (Sector New York
                                                E. Unfunded Mandates Reform Act
                                                                                                                                                               command center) to obtain permission
                                                  The Unfunded Mandates Reform Act                        Authority: 33 U.S.C 1231; 50 U.S.C. 191;             to do so.
                                                of 1995 (2 U.S.C. 1531–1538) requires                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                 (5) Spectators or other vessels shall
                                                                                                        Department of Homeland Security Delegation             not anchor, block, loiter, or impede the
                                                Federal agencies to assess the effects of               No. 0170.1.
                                                their discretionary regulatory actions. In                                                                     transit of event participants or official
                                                particular, the Act addresses actions                   ■ 2. Add § 165.T01–0522 to read as                     patrol vessels in the regulated areas
                                                that may result in the expenditure by a                 follows:                                               during the effective dates and times,
                                                State, local, or tribal government, in the                                                                     unless authorized by COTP or a
                                                                                                        § 165.T01–0522 Safety Zone; Raritan Bay,
                                                aggregate, or by the private sector of                  Perth Amboy, NJ.
                                                                                                                                                               designated representative.
                                                $100,000,000 (adjusted for inflation) or                                                                          (6) The COTP or a designated
                                                                                                           (a) Regulated area. The following area
                                                more in any one year. Though this rule                                                                         representative may delay or terminate
                                                                                                        is a temporary safety zone: All navigable
                                                will not result in such an expenditure,                                                                        any marine event in this subpart at any
                                                                                                        waters of Raritan Bay within a 300-yard
                                                we do discuss the effects of this rule                                                                         time it is deemed necessary to ensure
                                                                                                        radius of the fireworks barge located in
                                                elsewhere in this preamble.                                                                                    the safety of life or property.
                                                                                                        approximate position 40°29′28″ N,
                                                                                                        074°15′45″ W, in the vicinity of Perth                   Dated: May 15, 2016.
                                                F. Environment                                                                                                 M.H. Day,
                                                                                                        Amboy, NJ, approximately 1,110 yards
                                                  We have analyzed this rule under                      southeast of Ferry Point, Perth Amboy,                 Captain, U.S. Coast Guard, Captain of the
                                                Department of Homeland Security                         NJ.                                                    Port New York.
                                                Management Directive 023–01 and                            (b) Effective and enforcement period.               [FR Doc. 2016–13338 Filed 6–3–16; 8:45 am]
                                                Commandant Instruction M16475.lD,                       This rule will be effective and enforced               BILLING CODE 9110–04–P
                                                which guide the Coast Guard in                          from 8:45 p.m. until 10:30 p.m. on July
                                                complying with the National                             1, 2016.
                                                                                                           (c) Definitions. The following                      ENVIRONMENTAL PROTECTION
                                                Environmental Policy Act of 1969 (42
                                                                                                        definitions apply to this section:                     AGENCY
                                                U.S.C. 4321–4370f), and have                               (1) Designated representative. A
                                                determined that this action is one of a                 ‘‘designated representative’’ is any Coast
                                                category of actions that do not                                                                                40 CFR Part 52
                                                                                                        Guard commissioned, warrant or petty
                                                individually or cumulatively have a                     officer of the U.S. Coast Guard who has                [EPA–R10–OAR–2013–0005; FRL–9947–23–
                                                significant effect on the human                         been designated by the Captain of the                  Region 10]
                                                environment. This rule involves the                     Port New York (COTP), to act on his or
                                                establishment of a temporary safety                                                                            Finding of Attainment and Approval of
                                                                                                        her behalf. A designated representative                Attainment Plan for Klamath Falls,
                                                zone. It is categorically excluded from                 may be on an official patrol vessel or
                                                further review under paragraph 34(g) of                                                                        Oregon Fine Particulate Matter
                                                                                                        may be on shore and will communicate                   Nonattainment Area
                                                Figure 2–1 of the Commandant                            with vessels via VHF–FM radio or
                                                Instruction. An environmental analysis                  loudhailer. In addition, members of the                AGENCY:  Environmental Protection
                                                checklist supporting this determination                 Coast Guard Auxiliary may be present to                Agency (EPA).
mstockstill on DSK3G9T082PROD with RULES




                                                and a Categorical Exclusion                             inform vessel operators of this                        ACTION: Final rule.
                                                Determination will be available in the                  regulation.
                                                docket where indicated under                               (2) Official patrol vessels. Official               SUMMARY:  The Environmental Protection
                                                ADDRESSES. We seek any comments or                      patrol vessels may consist of any Coast                Agency (EPA) is finalizing the finding of
                                                information that may lead to the                        Guard, Coast Guard Auxiliary, state, or                attainment and approving the
                                                discovery of a significant environmental                local law enforcement vessels assigned                 attainment plan submitted on December
                                                impact from this rule.                                  or approved by the COTP.                               12, 2012 by the Oregon Department of


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Document Created: 2016-06-04 00:16:54
Document Modified: 2016-06-04 00:16:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:45 p.m. until 10:30 p.m. on July 1, 2016.
ContactIf you have questions on this rule, call or email, Marine Science Technician Daniel Vazquez, U.S. Coast Guard; Telephone (718) 354-4154, email [email protected]
FR Citation81 FR 36174 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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