83_FR_38181 83 FR 38031 - Safety Zone; Fireworks Display, Shark River, Neptune, NJ

83 FR 38031 - Safety Zone; Fireworks Display, Shark River, Neptune, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 150 (August 3, 2018)

Page Range38031-38033
FR Document2018-16620

The Coast Guard is establishing a temporary safety zone on the waters of Shark River off Neptune, NJ, from 8:30 p.m. through 9:30 p.m. on August 4, 2018, during the Neptune National Night Out Fireworks Display. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the boating public during the event. This regulation prohibits persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative.

Federal Register, Volume 83 Issue 150 (Friday, August 3, 2018)
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Rules and Regulations]
[Pages 38031-38033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16620]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0614]
RIN 1625-AA00


Safety Zone; Fireworks Display, Shark River, Neptune, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Shark River off Neptune, NJ, from 8:30 p.m. through 9:30 p.m. 
on August 4, 2018, during the Neptune National Night Out Fireworks 
Display. The safety zone is necessary to ensure the safety of 
participant vessels, spectators, and the boating public during the 
event. This regulation prohibits persons and non-participant vessels 
from entering, transiting through, anchoring in, or remaining within 
the safety zone unless authorized by the Captain of the Port (COTP) 
Delaware Bay or a designated representative.

DATES: This rule is effective from 8:30 p.m. through 9:30 p.m. on 
August 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0614 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division; telephone (215) 271-4814, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFRFR Code of Federal Regulations
DHSFR Department of Homeland Security
FR Federal Register

[[Page 38032]]

NPRMFR Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest to do so. There is insufficient time to allow for a 
reasonable comment period prior to the date of the event. The rule must 
be in force by August 4, 2018, to serve its purpose of ensuring the 
safety of spectators and the general public from hazards associated 
with the fireworks display. Hazards include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the potential safety 
hazards associated with a fireworks display in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay (COTP) has determined that 
potential hazards associated with the fireworks display on August 4, 
2018, will be a safety concern for anyone within a 100-yard radius of 
the fireworks barge, which will be anchored in approximate position 
40[deg]11' 32.08'' N, 074[deg]01' 53.06'' W. This rule is needed to 
protect persons, vessels and the public within the safety zone during 
the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 p.m. 
through 9:30 p.m. on August 4, 2018, on the waters of Shark River off 
Neptune, NJ, during a fireworks display from a barge. The event is 
scheduled to take place at approximately 8:45 p.m. on August 4, 2018. 
The safety zone will extend 100 yards around the barge, which will be 
anchored at approximate position 40[deg]11' 32.08'' N, 
074[deg]01'53.06'' W. No person or vessel will be permitted to enter, 
transit through, anchor in, or remain within the safety zone without 
obtaining permission from the COTP Delaware Bay or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the safety zone is granted by the COTP Delaware Bay or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Delaware 
Bay or a designated representative. The Coast Guard will provide public 
notice of the safety zone by Broadcast Notice to Mariners, and by on-
scene actual notice from designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The rule is not a significant regulatory action for the following 
reasons: (1) Although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the COTP Delaware Bay or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (2) persons and vessels will still be able to 
enter, transit through, anchor in, or remain within the regulated area 
if authorized by the COTP Delaware Bay or a designated representative; 
and (3) the Coast Guard will provide advance notification of the safety 
zone to the local maritime community by Broadcast Notice to Mariners, 
or by on-scene actual notice from designated representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of

[[Page 38033]]

power and responsibilities among the various levels of government. We 
have analyzed this rule under that Order and have determined that it is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable water in the Shark River, for approximately one hour. 
This rule is categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


.0
2. Add Sec.  165.T05-0614 to read as follows:


Sec.  165.T05-0614  Safety Zone; Fireworks, Shark River, Neptune, NJ.

    (a) Location. The following area is a safety zone: All waters of 
the Shark River off of Neptune, NJ, within 100 yards of the barge 
anchored in position 40[deg]11'32.08'' N, 074[deg]01'53.06'' W. All 
coordinates are based on Datum NAD 1983.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port (COTP), Delaware Bay in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This zone will be enforced from 8:30 p.m. 
through 9:30 p.m. on August 4, 2018.

    Dated: July 30, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2018-16620 Filed 8-2-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations                                              38031

                                           responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                 daily from August 3, 2018, through
                                           wish to comment on actions by                           determined that this action is one of a               August 4, 2018 and from 8 p.m. to 11:59
                                           employees of the Coast Guard, call                      category of actions that do not                       p.m. on August 5, 2018.
                                           1–888–REG–FAIR (1–888–734–3247).                        individually or cumulatively have a                     Dated: July 31, 2018.
                                           The Coast Guard will not retaliate                      significant effect on the human                       D.G. Throop,
                                           against small entities that question or                 environment. This rule involves a
                                                                                                                                                         RADM, U.S. Coast Guard, Commander,
                                           complain about this rule or any policy                  regulated navigation area lasting less                Thirteenth Coast Guard District.
                                           or action of the Coast Guard.                           than 3 days that will restrict vessel
                                                                                                                                                         [FR Doc. 2018–16683 Filed 8–2–18; 8:45 am]
                                                                                                   speed between the I–90 floating bridge
                                           C. Collection of Information                                                                                  BILLING CODE 9110–04–P
                                                                                                   and a line drawn perpendicular from
                                             This rule will not call for a new                     Bailey Peninsula to Mercer Island. It is
                                           collection of information under the                     categorically excluded from further
                                           Paperwork Reduction Act of 1995 (44                                                                           DEPARTMENT OF HOMELAND
                                                                                                   review under L60(a) of Appendix A,                    SECURITY
                                           U.S.C. 3501–3520).                                      Table 1 of DHS Instruction Manual 023–
                                           D. Federalism and Indian Tribal                         01–001–01, Rev. 01. A Record of                       Coast Guard
                                           Governments                                             Environmental Consideration
                                                                                                   supporting this determination is                      33 CFR Part 165
                                              A rule has implications for federalism               available in the docket where indicated
                                           under Executive Order 13132,                            under ADDRESSES.                                      [Docket Number USCG–2018–0614]
                                           Federalism, if it has a substantial direct
                                                                                                   List of Subjects in 33 CFR Part 165                   RIN 1625–AA00
                                           effect on the States, on the relationship
                                           between the national government and                       Harbors, Marine safety, Navigation                  Safety Zone; Fireworks Display, Shark
                                           the States, or on the distribution of                   (water), Reporting and recordkeeping                  River, Neptune, NJ
                                           power and responsibilities among the                    requirements, Security measures,
                                           various levels of government. We have                   Waterways.                                            AGENCY:    Coast Guard, DHS.
                                           analyzed this rule under that Order and                   For the reasons discussed in the                    ACTION:   Temporary final rule.
                                           have determined that it is consistent                   preamble, the Coast Guard amends 33
                                           with the fundamental federalism                                                                               SUMMARY:   The Coast Guard is
                                                                                                   CFR part 165 as follows:                              establishing a temporary safety zone on
                                           principles and preemption requirements
                                           described in Executive Order 13132.                     PART 165—REGULATED NAVIGATION                         the waters of Shark River off Neptune,
                                              Also, this rule does not have tribal                 AREAS AND LIMITED ACCESS AREAS                        NJ, from 8:30 p.m. through 9:30 p.m. on
                                           implications under Executive Order                                                                            August 4, 2018, during the Neptune
                                           13175, Consultation and Coordination                    ■ 1. The authority citation for part 165              National Night Out Fireworks Display.
                                           with Indian Tribal Governments,                         continues to read as follows:                         The safety zone is necessary to ensure
                                           because it does not have a substantial                                                                        the safety of participant vessels,
                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           direct effect on one or more Indian                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             spectators, and the boating public
                                           tribes, on the relationship between the                 Department of Homeland Security Delegation            during the event. This regulation
                                           Federal Government and Indian tribes,                   No. 0170.1.                                           prohibits persons and non-participant
                                           or on the distribution of power and                                                                           vessels from entering, transiting
                                                                                                   ■ 2. Add § 165.T13–0027 to read as
                                           responsibilities between the Federal                                                                          through, anchoring in, or remaining
                                                                                                   follows:
                                           Government and Indian tribes. If you                                                                          within the safety zone unless authorized
                                           believe this rule has implications for                  § 165.T13–0027 Regulated Navigation                   by the Captain of the Port (COTP)
                                           federalism or Indian tribes, please                     Area; Lake Washington; Seattle, WA.                   Delaware Bay or a designated
                                           contact the person listed in the FOR                      (a) Location. The following area is a               representative.
                                           FURTHER INFORMATION CONTACT section                     regulated navigation area: The waters of              DATES: This rule is effective from 8:30
                                           above.                                                  Lake Washington bounded by the                        p.m. through 9:30 p.m. on August 4,
                                                                                                   Interstate 90 (Mercer Island/Lacey V.                 2018.
                                           E. Unfunded Mandates Reform Act                         Murrow) Bridge, the western shore of
                                             The Unfunded Mandates Reform Act                      Lake Washington, and the east/west line               ADDRESSES:   To view documents
                                           of 1995 (2 U.S.C. 1531–1538) requires                   drawn tangent to Bailey Peninsula and                 mentioned in this preamble as being
                                           Federal agencies to assess the effects of               along the shoreline of Mercer Island.                 available in the docket, go to http://
                                           their discretionary regulatory actions. In                (b) Definitions. As used in this                    www.regulations.gov, type USCG–2018–
                                           particular, the Act addresses actions                   section, designated representative                    0614 in the ‘‘SEARCH’’ box and click
                                           that may result in the expenditure by a                 means a Coast Guard Patrol                            ‘‘SEARCH.’’ Click on Open Docket
                                           State, local, or tribal government, in the              Commander, including a Coast Guard                    Folder on the line associated with this
                                           aggregate, or by the private sector of                  coxswain, petty officer, or other officer             rule.
                                           $100,000,000 (adjusted for inflation) or                operating a Coast Guard vessel and a                  FOR FURTHER INFORMATION CONTACT: If
                                           more in any one year. Though this rule                  Federal, State, and local officer                     you have questions on this rule, call or
                                           will not result in such an expenditure,                 designated by or assisting the Captain of             email MST1 Edmund Ofalt, U.S. Coast
                                           we do discuss the effects of this rule                  the Port Puget Sound (COTP) in the                    Guard, Sector Delaware Bay, Waterways
                                           elsewhere in this preamble.                             enforcement of the regulated navigation               Management Division; telephone (215)
                                                                                                   zone.                                                 271–4814, email Edmund.J.Ofalt@
                                           F. Environment                                            (c) Regulations. All vessels and                    uscg.mil.
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                                             We have analyzed this rule under                      persons transiting this regulated                     SUPPLEMENTARY INFORMATION:
                                           Department of Homeland Security                         navigation area shall proceed at a speed
                                           Directive 023–01 and Commandant                         which creates minimum wake, 7 miles                   I. Table of Abbreviations
                                           Instruction M16475.1D, which guide the                  per hour or less.                                     CFRFR Code of Federal Regulations
                                           Coast Guard in complying with the                         (d) Enforcement periods. This section               DHSFR Department of Homeland Security
                                           National Environmental Policy Act of                    will be enforced from 8 p.m. to 8 a.m.                FR Federal Register



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                                           38032               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations

                                           NPRMFR Notice of proposed rulemaking                    2018. The safety zone will extend 100                 B. Impact on Small Entities
                                           § Section                                               yards around the barge, which will be
                                           U.S.C. United States Code                                                                                        The Regulatory Flexibility Act of
                                                                                                   anchored at approximate position 40°11′               1980, 5 U.S.C. 601–612, as amended,
                                           II. Background Information and                          32.08″ N, 074°01′53.06″ W. No person or               requires Federal agencies to consider
                                           Regulatory History                                      vessel will be permitted to enter, transit            the potential impact of regulations on
                                                                                                   through, anchor in, or remain within the              small entities during rulemaking. The
                                              The Coast Guard is issuing this                      safety zone without obtaining
                                           temporary rule without prior notice and                                                                       term ‘‘small entities’’ comprises small
                                                                                                   permission from the COTP Delaware
                                           opportunity to comment pursuant to                                                                            businesses, not-for-profit organizations
                                                                                                   Bay or a designated representative. If
                                           authority under section 4(a) of the                                                                           that are independently owned and
                                                                                                   authorization to enter, transit through,
                                           Administrative Procedure Act (APA) (5                                                                         operated and are not dominant in their
                                                                                                   anchor in, or remain within the safety
                                           U.S.C. 553(b)). This provision                                                                                fields, and governmental jurisdictions
                                                                                                   zone is granted by the COTP Delaware
                                           authorizes an agency to issue a rule                                                                          with populations of less than 50,000.
                                                                                                   Bay or a designated representative, all
                                           without prior notice and opportunity to                                                                       The Coast Guard certifies under 5 U.S.C.
                                                                                                   persons and vessels receiving such
                                           comment when the agency for good                                                                              605(b) that this rule will not have a
                                                                                                   authorization must comply with the
                                           cause finds that those procedures are                                                                         significant economic impact on a
                                                                                                   instructions of the COTP Delaware Bay
                                           ‘‘impracticable, unnecessary, or contrary               or a designated representative. The                   substantial number of small entities.
                                           to the public interest.’’ Under 5 U.S.C.                Coast Guard will provide public notice                   While some owners or operators of
                                           553(b)(B), the Coast Guard finds that                   of the safety zone by Broadcast Notice                vessels intending to transit the safety
                                           good cause exists for not publishing a                  to Mariners, and by on-scene actual                   zone may be small entities, for the
                                           notice of proposed rulemaking (NPRM)                    notice from designated representatives.               reasons stated in section V.A above, this
                                           with respect to this rule because it is                                                                       rule will not have a significant
                                           impracticable and contrary to the public                V. Regulatory Analyses                                economic impact on any vessel owner
                                           interest to do so. There is insufficient                  We developed this rule after                        or operator.
                                           time to allow for a reasonable comment                  considering numerous statutes and                        Under section 213(a) of the Small
                                           period prior to the date of the event. The              Executive orders related to rulemaking.               Business Regulatory Enforcement
                                           rule must be in force by August 4, 2018,                Below we summarize our analyses                       Fairness Act of 1996 (Pub. L. 104–121),
                                           to serve its purpose of ensuring the                    based on a number of these statutes and               we want to assist small entities in
                                           safety of spectators and the general                    Executive orders, and we discuss First                understanding this rule. If the rule
                                           public from hazards associated with the                 Amendment rights of protestors.                       would affect your small business,
                                           fireworks display. Hazards include                                                                            organization, or governmental
                                                                                                   A. Regulatory Planning and Review                     jurisdiction and you have questions
                                           accidental discharge of fireworks,
                                           dangerous projectiles, and falling hot                     Executive Orders 12866 and 13563                   concerning its provisions or options for
                                           embers or other debris.                                 direct agencies to assess the costs and               compliance, please contact the person
                                              Under 5 U.S.C. 553(d)(3), the Coast                  benefits of available regulatory                      listed in the FOR FURTHER INFORMATION
                                           Guard finds that good cause exists for                  alternatives and, if regulation is                    CONTACT section.
                                           making this rule effective less than 30                 necessary, to select regulatory                          Small businesses may send comments
                                           days after publication in the Federal                   approaches that maximize net benefits.                on the actions of Federal employees
                                           Register. Delaying the effective date of                Executive Order 13771 directs agencies                who enforce, or otherwise determine
                                           this rule would be impracticable and                    to control regulatory costs through a                 compliance with, Federal regulations to
                                           contrary to the public interest because                 budgeting process. This rule has not                  the Small Business and Agriculture
                                           immediate action is needed to mitigate                  been designated a ‘‘significant                       Regulatory Enforcement Ombudsman
                                           the potential safety hazards associated                 regulatory action,’’ under Executive                  and the Regional Small Business
                                           with a fireworks display in this location.              Order 12866. Accordingly, this rule has               Regulatory Fairness Boards. The
                                                                                                   not been reviewed by the Office of                    Ombudsman evaluates these actions
                                           III. Legal Authority and Need for Rule                  Management and Budget (OMB), and                      annually and rates each agency’s
                                              The Coast Guard is issuing this rule                 pursuant to OMB guidance it is exempt                 responsiveness to small business. If you
                                           under authority in 33 U.S.C. 1231. The                  from the requirements of Executive                    wish to comment on actions by
                                           Captain of the Port Delaware Bay                        Order 13771.                                          employees of the Coast Guard, call
                                           (COTP) has determined that potential                       The rule is not a significant regulatory           1–888–REG–FAIR (1–888–734–3247).
                                           hazards associated with the fireworks                   action for the following reasons: (1)                 The Coast Guard will not retaliate
                                           display on August 4, 2018, will be a                    Although persons and vessels may not                  against small entities that question or
                                           safety concern for anyone within a 100-                 enter, transit through, anchor in, or                 complain about this rule or any policy
                                           yard radius of the fireworks barge,                     remain within the safety zone without                 or action of the Coast Guard.
                                           which will be anchored in approximate                   authorization from the COTP Delaware
                                           position 40°11′ 32.08″ N, 074°01′ 53.06″                Bay or a designated representative, they              C. Collection of Information
                                           W. This rule is needed to protect                       may operate in the surrounding area                     This rule will not call for a new
                                           persons, vessels and the public within                  during the enforcement period; (2)                    collection of information under the
                                           the safety zone during the fireworks                    persons and vessels will still be able to             Paperwork Reduction Act of 1995 (44
                                           display.                                                enter, transit through, anchor in, or                 U.S.C. 3501–3520).
                                                                                                   remain within the regulated area if
                                           IV. Discussion of the Rule                              authorized by the COTP Delaware Bay                   D. Federalism and Indian Tribal
                                              This rule establishes a temporary                    or a designated representative; and (3)               Governments
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                                           safety zone from 8:30 p.m. through 9:30                 the Coast Guard will provide advance                     A rule has implications for federalism
                                           p.m. on August 4, 2018, on the waters                   notification of the safety zone to the                under Executive Order 13132,
                                           of Shark River off Neptune, NJ, during                  local maritime community by Broadcast                 Federalism, if it has a substantial direct
                                           a fireworks display from a barge. The                   Notice to Mariners, or by on-scene                    effect on the States, on the relationship
                                           event is scheduled to take place at                     actual notice from designated                         between the national government and
                                           approximately 8:45 p.m. on August 4,                    representatives.                                      the States, or on the distribution of


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                                                               Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations                                              38033

                                           power and responsibilities among the                    G. Protest Activities                                 servicing, and emergency response
                                           various levels of government. We have                     The Coast Guard respects the First                  operations.
                                           analyzed this rule under that Order and                 Amendment rights of protesters.                         (d) Enforcement. The U.S. Coast
                                           have determined that it is consistent                   Protesters are asked to contact the                   Guard may be assisted in the patrol and
                                           with the fundamental federalism                         person listed in the FOR FURTHER                      enforcement of the safety zone by
                                           principles and preemption requirements                  INFORMATION CONTACT section to
                                                                                                                                                         Federal, State, and local agencies.
                                           described in Executive Order 13132.                     coordinate protest activities so that your              (e) Enforcement period. This zone
                                                                                                   message can be received without                       will be enforced from 8:30 p.m. through
                                              Also, this rule does not have tribal
                                                                                                   jeopardizing the safety or security of                9:30 p.m. on August 4, 2018.
                                           implications under Executive Order
                                           13175, Consultation and Coordination                    people, places or vessels.                              Dated: July 30, 2018.
                                           with Indian Tribal Governments,                                                                               S.E. Anderson,
                                                                                                   List of Subjects in 33 CFR Part 165
                                           because it does not have a substantial                                                                        Captain, U.S. Coast Guard Captain of the
                                           direct effect on one or more Indian                       Harbors, Marine safety, Navigation                  Port Delaware Bay.
                                           tribes, on the relationship between the                 (water), Reporting and recordkeeping                  [FR Doc. 2018–16620 Filed 8–2–18; 8:45 am]
                                           Federal Government and Indian tribes,                   requirements, Security measures,                      BILLING CODE 9110–04–P
                                           or on the distribution of power and                     Waterways.
                                           responsibilities between the Federal                      For the reasons discussed in the
                                           Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                   ENVIRONMENTAL PROTECTION
                                           believe this rule has implications for                  CFR part 165 as follows:                              AGENCY
                                           federalism or Indian tribes, please
                                                                                                   PART 165—REGULATED NAVIGATION                         40 CFR Parts 52 and 81
                                           contact the person listed in the FOR
                                                                                                   AREAS AND LIMITED ACCESS AREAS
                                           FURTHER INFORMATION CONTACT section                                                                           [EPA–R07–OAR–2017–0734; FRL 9981–29-
                                           above.                                                  ■ 1. The authority citation for part 165              Region 7]
                                           E. Unfunded Mandates Reform Act                         continues to read as follows:
                                                                                                                                                         Air Plan Approval and Air Quality
                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Designation; MO; Redesignation of the
                                             The Unfunded Mandates Reform Act                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Missouri Portion of the St. Louis
                                           of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation
                                                                                                   No. 0170.1.
                                                                                                                                                         Missouri-Illinois Area to Attainment of
                                           Federal agencies to assess the effects of
                                                                                                                                                         the 1997 Annual Standards for Fine
                                           their discretionary regulatory actions. In              ■ 2. Add § 165.T05-0614 to read as                    Particulate Matter and Approval of
                                           particular, the Act addresses actions                   follows:                                              Associated Maintenance Plan
                                           that may result in the expenditure by a
                                           State, local, or tribal government, in the              § 165.T05–0614 Safety Zone; Fireworks,                AGENCY: Environmental Protection
                                           aggregate, or by the private sector of                  Shark River, Neptune, NJ.                             Agency (EPA).
                                           $100,000,000 (adjusted for inflation) or                  (a) Location. The following area is a               ACTION: Direct final rule.
                                           more in any one year. Though this rule                  safety zone: All waters of the Shark
                                           will not result in such an expenditure,                 River off of Neptune, NJ, within 100                  SUMMARY:   On January 5, 2018, the
                                           we do discuss the effects of this rule                  yards of the barge anchored in position               Environmental Protection Agency (EPA)
                                           elsewhere in this preamble.                             40°11′32.08″ N, 074°01′53.06″ W. All                  published in the Federal Register an
                                                                                                   coordinates are based on Datum NAD                    advanced notice of proposed
                                           F. Environment                                          1983.                                                 rulemaking (ANPR) specifically
                                                                                                     (b) Definitions. As used in this                    requesting early input and comments on
                                             We have analyzed this rule under
                                                                                                   section, designated representative                    the Agency’s interpretation that air
                                           Department of Homeland Security
                                                                                                   means a Coast Guard Patrol                            quality monitoring data from 2015–2017
                                           Directive 023–01 and Commandant
                                                                                                   Commander, including a Coast Guard                    support a finding that the Missouri
                                           Instruction M16475.1D, which guide the                  petty officer, warrant or commissioned                Portion of the St. Louis nonattainment
                                           Coast Guard in complying with the                       officer on board a Coast Guard vessel or              area attains the 1997 Annual National
                                           National Environmental Policy Act of                    on board a federal, state, or local law               Ambient Air Quality Standards
                                           1969 (42 U.S.C. 4321–4370f), and have                   enforcement vessel assisting the Captain              (NAAQS) for fine particulate matter
                                           determined that this action is one of a                 of the Port (COTP), Delaware Bay in the               (PM2.5). The notice also provided an
                                           category of actions that do not                         enforcement of the safety zone.                       evaluation of Missouri’s 1997 Annual
                                           individually or cumulatively have a                       (c) Regulations. (1) Under the general              PM2.5 NAAQS maintenance plan, which
                                           significant effect on the human                         safety zone regulations in subpart C of               includes the 2008 and 2025 NOX and
                                           environment. This rule involves a safety                this part, you may not enter the safety               PM2.5 motor vehicle emission budgets
                                           zone that will prohibit persons and                     zone described in paragraph (a) of this               (MVEBs) and established the 2008 base
                                           vessels from entering, transiting                       section unless authorized by the COTP                 year emissions inventory. EPA received
                                           through, anchoring in, or remaining                     or the COTP’s designated representative.              no comments on the ANPR. EPA is now
                                           within a limited area on the navigable                    (2) To seek permission to enter or                  taking direct final action on three items,
                                           water in the Shark River, for                           remain in the zone, contact the COTP or               consistent with the ANPR. First, EPA is
                                           approximately one hour. This rule is                    the COTP’s representative via VHF–FM                  approving the state’s request to
                                           categorically excluded from further                     channel 16 or 215–271–4807. Those in                  redesignate the Missouri portion of the
                                           review under paragraph L60(a) of                        the safety zone must comply with all                  St. Louis MO–IL nonattainment area to
amozie on DSK3GDR082PROD with RULES




                                           Appendix A, Table 1 of DHS Instruction                  lawful orders or directions given to                  attainment for the 1997 Annual PM2.5
                                           Manual 023–01–001–01, Rev. 01. A                        them by the COTP or the COTP’s                        NAAQS as the monitoring values
                                           Record of Environmental Consideration                   designated representative.                            demonstrate the area attains the
                                           (REC) supporting this determination is                    (3) This section applies to all vessels             standard. Second, EPA is approving the
                                           available in the docket where indicated                 except those engaged in law                           state implementation plan (SIP) revision
                                           under ADDRESSES.                                        enforcement, aids to navigation                       containing a maintenance plan for the


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Document Created: 2018-11-06 10:35:17
Document Modified: 2018-11-06 10:35:17
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 8:30 p.m. through 9:30 p.m. on August 4, 2018.
ContactIf you have questions on this rule, call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone (215) 271-4814, email [email protected]
FR Citation83 FR 38031 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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