83_FR_38406 83 FR 38255 - Safety Zone; Fireworks Display, Little Egg Harbor, Long Beach, NJ

83 FR 38255 - Safety Zone; Fireworks Display, Little Egg Harbor, Long Beach, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 151 (August 6, 2018)

Page Range38255-38257
FR Document2018-16694

The Coast Guard is establishing a temporary safety zone on the waters of Little Egg Harbor off Long Beach, NJ, from 8:30 p.m. through 9:30 p.m. on August 7, 2018, during the Long Beach 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 151 (Monday, August 6, 2018)
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38255-38257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16694]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0615]
RIN 1625-AA00


Safety Zone; Fireworks Display, Little Egg Harbor, Long Beach, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Little Egg Harbor off Long Beach, NJ, from 8:30 p.m. through 
9:30 p.m. on August 7, 2018, during the Long Beach 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 7, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0615 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

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest to do so. There is insufficient time to allow for a 
reasonable comment period prior to the date of the event. The rule must 
be in force by August 7, 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 7, 
2018, will be a safety concern for anyone within a 200-yard radius of 
the fireworks barge, which will be anchored in approximate position 
39[deg]37'08.34'' N, 074[deg]12'25.60'' 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. to 
9:30 p.m. on August 7, 2018, on the waters of Little Egg Harbor off 
Long Beach, NJ, during a fireworks display from a barge. The event is 
scheduled to take place at 8:45 p.m. on August 7, 2018. The safety zone 
will extend 200 yards around the barge, which will be anchored at

[[Page 38256]]

approximate position 39[deg]37'08.34'' N, 074[deg]12'25.60'' 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 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 Delaware Bay, during a fireworks display 
lasting less than an 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.

[[Page 38257]]

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.T05-0615 to read as follows:


Sec.  165.T05-0615  Safety Zone; Fireworks, Little Egg Harbor, Long 
Beach, NJ.

    (a) Location. The following area is a safety zone: all waters of 
Little Egg Harbor off Long Beach, NJ, within 200 yards of the barge 
anchored in position 39[deg]37'08.34'' N, 074[deg]12'25.60'' 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 
approximately 8:30 p.m. through 9:30 p.m. on August 7, 2018.

    Dated: July 31, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-16694 Filed 8-3-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations                                         38255

                                              PART 71—DESIGNATION OF CLASS A,                              Issued in Fort Worth, Texas, on July 17,            U.S.C.   United States Code
                                              B, C, D, AND E AIRSPACE AREAS; AIR                         2018.
                                                                                                                                                               II. Background Information and
                                              TRAFFIC SERVICE ROUTES; AND                                Walter Tweedy,
                                                                                                                                                               Regulatory History
                                              REPORTING POINTS                                           Acting Manager, Operations Support Group,
                                                                                                         ATO Central Service Center.                              The Coast Guard is issuing this
                                                                                                         [FR Doc. 2018–16679 Filed 8–3–18; 8:45 am]            temporary rule without prior notice and
                                              ■ 1. The authority citation for part 71
                                                                                                                                                               opportunity to comment pursuant to
                                              continues to read as follows:                              BILLING CODE 4910–13–P
                                                                                                                                                               authority under section 4(a) of the
                                                Authority: 49 U.S.C. 106(f), 106(g); 40103,                                                                    Administrative Procedure Act (APA) (5
                                              40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,                                                                     U.S.C. 553(b)). This provision
                                              1959–1963 Comp., p. 389.                                   DEPARTMENT OF HOMELAND
                                                                                                                                                               authorizes an agency to issue a rule
                                                                                                         SECURITY
                                                                                                                                                               without prior notice and opportunity to
                                              § 71.1       [Amended]
                                                                                                         Coast Guard                                           comment when the agency for good
                                              ■ 2. The incorporation by reference in                                                                           cause finds that those procedures are
                                              14 CFR 71.1 of FAA Order 7400.11B,                         33 CFR Part 165                                       ‘‘impracticable, unnecessary, or contrary
                                              Airspace Designations and Reporting                                                                              to the public interest.’’ Under 5 U.S.C.
                                                                                                         [Docket Number USCG–2018–0615]                        553(b)(B), the Coast Guard finds that
                                              Points, dated August 3, 2017, and
                                              effective September 15, 2017, is                           RIN 1625–AA00                                         good cause exists for not publishing a
                                              amended as follows:                                                                                              notice of proposed rulemaking (NPRM)
                                                                                                         Safety Zone; Fireworks Display, Little                with respect to this rule because it is
                                              Paragraph 6002 Class E Airspace Areas                      Egg Harbor, Long Beach, NJ                            impracticable and contrary to the public
                                              Designated as Surface Areas.                                                                                     interest to do so. There is insufficient
                                              *        *      *       *      *                           AGENCY:    Coast Guard, DHS.                          time to allow for a reasonable comment
                                              ACE NE E2        Columbus, NE [Amended]
                                                                                                         ACTION:   Temporary final rule.                       period prior to the date of the event. The
                                                                                                                                                               rule must be in force by August 7, 2018,
                                              Columbus Municipal Airport, NE                             SUMMARY:   The Coast Guard is                         to serve its purpose of ensuring the
                                                (Lat. 41°26′55″ N, long. 97°20′27″ W)                    establishing a temporary safety zone on               safety of spectators and the general
                                                Within a 4.2 mile radius of Columbus                     the waters of Little Egg Harbor off Long              public from hazards associated with the
                                              Municipal Airport.                                         Beach, NJ, from 8:30 p.m. through 9:30                fireworks display. Hazards include
                                                                                                         p.m. on August 7, 2018, during the Long               accidental discharge of fireworks,
                                              Paragraph 6004 Class E Airspace Areas
                                              Designated as an Extension to a Class D or
                                                                                                         Beach National Night Out Fireworks                    dangerous projectiles, and falling hot
                                              Class E Surface Area.                                      Display. The safety zone is necessary to              embers or other debris.
                                                                                                         ensure the safety of participant vessels,                Under 5 U.S.C. 553(d)(3), the Coast
                                              *        *      *       *      *                           spectators, and the boating public                    Guard finds that good cause exists for
                                              ACE MO E4           Columbus, NE [New]                     during the event. This regulation                     making this rule effective less than 30
                                              Columbus Municipal Airport, NE                             prohibits persons and non-participant                 days after publication in the Federal
                                                 (Lat. 41°26′55″ N, long. 97°20′27″ W)                   vessels from entering, transiting                     Register. Delaying the effective date of
                                              Columbus VOR/DME                                           through, anchoring in, or remaining                   this rule would be impracticable and
                                                 (Lat. 41°27′00″ N, long. 97°20′27″ W)                   within the safety zone unless authorized              contrary to the public interest because
                                                 That airspace extending upward from the                 by the Captain of the Port (COTP)                     immediate action is needed to mitigate
                                              surface within 2.4 miles each side of the                  Delaware Bay or a designated                          the potential safety hazards associated
                                              Columbus VOR/DME 150° radial extending                     representative.                                       with a fireworks display in this location.
                                              from the 4.2-mile radius of Columbus                       DATES: This rule is effective from 8:30
                                              Municipal Airport to 7.0 miles southeast of
                                                                                                                                                               III. Legal Authority and Need for Rule
                                                                                                         p.m. through 9:30 p.m. on August 7,
                                              the airport, and within 2.4 miles each side of             2018.                                                    The Coast Guard is issuing this rule
                                              the Columbus VOR/DME 309° radial                                                                                 under authority in 33 U.S.C. 1231. The
                                              extending from the 4.2-mile radius of                      ADDRESSES:   To view documents                        Captain of the Port Delaware Bay
                                              Columbus Municipal Airport to 7.7 miles                    mentioned in this preamble as being                   (COTP) has determined that potential
                                              northwest of the airport.                                  available in the docket, go to http://                hazards associated with the fireworks
                                                                                                         www.regulations.gov, type USCG–2018–                  display on August 7, 2018, will be a
                                              Paragraph 6005 Class E Airspace Areas                      0615 in the ‘‘SEARCH’’ box and click
                                              Extending Upward From 700 Feet or More                                                                           safety concern for anyone within a 200-
                                              Above the Surface of the Earth.
                                                                                                         ‘‘SEARCH.’’ Click on Open Docket                      yard radius of the fireworks barge,
                                                                                                         Folder on the line associated with this               which will be anchored in approximate
                                              *        *      *       *      *                           rule.                                                 position 39°37′08.34″ N, 074°12′25.60″
                                              ACE NE E5        Columbus, NE [Amended]                    FOR FURTHER INFORMATION CONTACT: If                   W. This rule is needed to protect
                                              Columbus Municipal Airport, NE                             you have questions on this rule, call or              persons, vessels and the public within
                                                 (Lat. 41°26′55″ N, long. 97°20′27″ W)                   email MST1 Edmund Ofalt, U.S. Coast                   the safety zone during the fireworks
                                              Columbus VOR/DME                                           Guard, Sector Delaware Bay, Waterways                 display.
                                                 (Lat. 41°27′00″ N, long. 97°20′27″ W)                   Management Division; telephone (215)
                                                                                                         271–4814, email Edmund.J.Ofalt@                       IV. Discussion of the Rule
                                                 That airspace extending upward from 700
                                              feet above the surface within a 6.7-mile                   uscg.mil.                                               This rule establishes a temporary
                                              radius of Columbus Municipal Airport and                                                                         safety zone from 8:30 p.m. to 9:30 p.m.
                                                                                                         SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES




                                              within 2.4 miles each side of the Columbus                                                                       on August 7, 2018, on the waters of
                                              VOR/DME 150° radial extending from the                     I. Table of Abbreviations                             Little Egg Harbor off Long Beach, NJ,
                                              6.7-mile radius to 7.0 miles southeast of the              CFR Code of Federal Regulations
                                                                                                                                                               during a fireworks display from a barge.
                                              airport and within 2.4 miles each side of the              DHS Department of Homeland Security                   The event is scheduled to take place at
                                              Columbus VOR/DME 309° radial extending                     FR Federal Register                                   8:45 p.m. on August 7, 2018. The safety
                                              from the 6.7-mile radius to 7.7 miles                      NPRM Notice of proposed rulemaking                    zone will extend 200 yards around the
                                              northwest of the airport.                                  § Section                                             barge, which will be anchored at


                                         VerDate Sep<11>2014      16:05 Aug 03, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                              38256              Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations

                                              approximate position 39°37′08.34″ N,                    B. Impact on Small Entities                           power and responsibilities among the
                                              074°12′25.60″ W. No person or vessel                       The Regulatory Flexibility Act of                  various levels of government. We have
                                              will be permitted to enter, transit                     1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                              through, anchor in, or remain within the                requires Federal agencies to consider                 have determined that it is consistent
                                              safety zone without obtaining                           the potential impact of regulations on                with the fundamental federalism
                                              permission from the COTP Delaware                       small entities during rulemaking. The                 principles and preemption requirements
                                              Bay or a designated representative. If                  term ‘‘small entities’’ comprises small               described in Executive Order 13132.
                                              authorization to enter, transit through,                businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                              anchor in, or remain within the safety                  that are independently owned and                      implications under Executive Order
                                              zone is granted by the COTP Delaware                    operated and are not dominant in their                13175, Consultation and Coordination
                                              Bay or a designated representative, all                 fields, and governmental jurisdictions                with Indian Tribal Governments,
                                              persons and vessels receiving such                      with populations of less than 50,000.                 because it does not have a substantial
                                              authorization must comply with the                      The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                              instructions of the COTP Delaware Bay                   605(b) that this rule will not have a                 tribes, on the relationship between the
                                              or a designated representative. The                     significant economic impact on a                      Federal Government and Indian tribes,
                                              Coast Guard will provide public notice                  substantial number of small entities.
                                              of the safety zone by Broadcast Notice                                                                        or on the distribution of power and
                                                                                                         While some owners or operators of                  responsibilities between the Federal
                                              to Mariners and by on-scene actual                      vessels intending to transit the safety
                                              notice from designated representatives.                                                                       Government and Indian tribes. If you
                                                                                                      zone may be small entities, for the                   believe this rule has implications for
                                              V. Regulatory Analyses                                  reasons stated in section V.A above, this             federalism or Indian tribes, please
                                                                                                      rule will not have a significant                      contact the person listed in the FOR
                                                We developed this rule after                          economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section
                                              considering numerous statutes and                       or operator.
                                                                                                                                                            above.
                                              Executive orders related to rulemaking.                    Under section 213(a) of the Small
                                              Below we summarize our analyses                         Business Regulatory Enforcement                       E. Unfunded Mandates Reform Act
                                              based on a number of these statutes and                 Fairness Act of 1996 (Pub. L. 104–121),
                                              Executive orders, and we discuss First                  we want to assist small entities in                     The Unfunded Mandates Reform Act
                                              Amendment rights of protestors.                         understanding this rule. If the rule                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      would affect your small business,                     Federal agencies to assess the effects of
                                              A. Regulatory Planning and Review                       organization, or governmental                         their discretionary regulatory actions. In
                                                                                                      jurisdiction and you have questions                   particular, the Act addresses actions
                                                 Executive Orders 12866 and 13563                                                                           that may result in the expenditure by a
                                                                                                      concerning its provisions or options for
                                              direct agencies to assess the costs and                                                                       State, local, or tribal government, in the
                                                                                                      compliance, please contact the person
                                              benefits of available regulatory                                                                              aggregate, or by the private sector of
                                                                                                      listed in the FOR FURTHER INFORMATION
                                              alternatives and, if regulation is
                                                                                                      CONTACT section.                                      $100,000,000 (adjusted for inflation) or
                                              necessary, to select regulatory
                                                                                                         Small businesses may send comments                 more in any one year. Though this rule
                                              approaches that maximize net benefits.
                                                                                                      on the actions of Federal employees                   will not result in such an expenditure,
                                              Executive Order 13771 directs agencies
                                                                                                      who enforce, or otherwise determine                   we do discuss the effects of this rule
                                              to control regulatory costs through a
                                                                                                      compliance with, Federal regulations to               elsewhere in this preamble.
                                              budgeting process. This rule has not
                                                                                                      the Small Business and Agriculture
                                              been designated a ‘‘significant                                                                               F. Environment
                                                                                                      Regulatory Enforcement Ombudsman
                                              regulatory action,’’ under Executive
                                                                                                      and the Regional Small Business                          We have analyzed this rule under
                                              Order 12866. Accordingly, this rule has
                                                                                                      Regulatory Fairness Boards. The                       Department of Homeland Security
                                              not been reviewed by the Office of
                                                                                                      Ombudsman evaluates these actions                     Directive 023–01 and Commandant
                                              Management and Budget (OMB), and
                                                                                                      annually and rates each agency’s                      Instruction M16475.1D, which guide the
                                              pursuant to OMB guidance it is exempt
                                                                                                      responsiveness to small business. If you              Coast Guard in complying with the
                                              from the requirements of Executive
                                                                                                      wish to comment on actions by                         National Environmental Policy Act of
                                              Order 13771.
                                                                                                      employees of the Coast Guard, call 1–                 1969 (42 U.S.C. 4321–4370f), and have
                                                 The rule is not a significant regulatory             888–REG–FAIR (1–888–734–3247). The
                                              action for the following reasons: (1)                                                                         determined that this action is one of a
                                                                                                      Coast Guard will not retaliate against
                                              Although persons and vessels may not                                                                          category of actions that do not
                                                                                                      small entities that question or complain
                                              enter, transit through, anchor in, or                                                                         individually or cumulatively have a
                                                                                                      about this rule or any policy or action
                                              remain within the safety zone without                                                                         significant effect on the human
                                                                                                      of the Coast Guard.
                                              authorization from the COTP Delaware                                                                          environment. This rule involves a safety
                                              Bay or a designated representative, they                C. Collection of Information                          zone that will prohibit persons and
                                              may operate in the surrounding area                       This rule will not call for a new                   vessels from entering, transiting
                                              during the enforcement period; (2)                      collection of information under the                   through, anchoring in, or remaining
                                              persons and vessels will still be able to               Paperwork Reduction Act of 1995 (44                   within a limited area on the navigable
                                              enter, transit through, anchor in, or                   U.S.C. 3501–3520).                                    water in the Delaware Bay, during a
                                              remain within the regulated area if                                                                           fireworks display lasting less than an
                                              authorized by the COTP Delaware Bay                     D. Federalism and Indian Tribal                       hour. This rule is categorically excluded
sradovich on DSK3GMQ082PROD with RULES




                                              or a designated representative; and (3)                 Governments                                           from further review under paragraph
                                              the Coast Guard will provide advance                       A rule has implications for federalism             L60(a) of Appendix A, Table 1 of DHS
                                              notification of the safety zone to the                  under Executive Order 13132,                          Instruction Manual 023–01–001–01,
                                              local maritime community by Broadcast                   Federalism, if it has a substantial direct            Rev. 01. A Record of Environmental
                                              Notice to Mariners, or by on-scene                      effect on the States, on the relationship             Consideration (REC) supporting this
                                              actual notice from designated                           between the national government and                   determination is available in the docket
                                              representatives.                                        the States, or on the distribution of                 where indicated under ADDRESSES.


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                                                                 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations                                               38257

                                              G. Protest Activities                                   servicing, and emergency response                     This safety zone will encompass all
                                                The Coast Guard respects the First                    operations.                                           waters of Green Bay within an 1,000
                                                                                                         (d) Enforcement. The U.S. Coast                    foot radius from approximate launch
                                              Amendment rights of protesters.
                                                                                                      Guard may be assisted in the patrol and               position at 45°06.040 N 087°36.054 W
                                              Protesters are asked to contact the
                                                                                                      enforcement of the safety zone by                     (NAD, 83). This safety zone will be
                                              person listed in the FOR FURTHER
                                                                                                      Federal, State, and local agencies.                   enforced from 9:30 p.m. through 10 p.m.
                                              INFORMATION CONTACT section to
                                                                                                         (e) Enforcement period. This zone                  on August 4, 2018.
                                              coordinate protest activities so that your
                                                                                                      will be enforced from approximately                      Pursuant to 33 CFR 165.929, entry
                                              message can be received without
                                                                                                      8:30 p.m. through 9:30 p.m. on August                 into, transiting, or anchoring within the
                                              jeopardizing the safety or security of
                                                                                                      7, 2018.                                              safety zone during an enforcement
                                              people, places or vessels.
                                                                                                        Dated: July 31, 2018.                               period is prohibited unless authorized
                                              List of Subjects in 33 CFR Part 165                     S.E. Anderson,                                        by the Captain of the Port Lake
                                                Harbors, Marine safety, Navigation                                                                          Michigan, or his or her designated on-
                                                                                                      Captain, U.S. Coast Guard, Captain of the
                                              (water), Reporting and recordkeeping                    Port Delaware Bay.                                    scene representative. Those seeking
                                              requirements, Security measures,                                                                              permission to enter the safety zone may
                                                                                                      [FR Doc. 2018–16694 Filed 8–3–18; 8:45 am]
                                              Waterways.                                                                                                    request permission from the Captain of
                                                                                                      BILLING CODE 9110–04–P
                                                                                                                                                            Port Lake Michigan via Channel 16,
                                                For the reasons discussed in the                                                                            VHF–FM. Vessels and persons granted
                                              preamble, the Coast Guard amends 33                                                                           permission to enter the safety zone shall
                                              CFR part 165 as follows:                                DEPARTMENT OF HOMELAND
                                                                                                      SECURITY                                              obey the directions of the Captain of the
                                              PART 165—REGULATED NAVIGATION                                                                                 Port Lake Michigan or his or her
                                              AREAS AND LIMITED ACCESS AREAS                          Coast Guard                                           designated representative. While within
                                                                                                                                                            a safety zone, all vessels shall operate at
                                              ■ 1. The authority citation for part 165                33 CFR Part 165                                       the minimum speed necessary to
                                              continues to read as follows:                                                                                 maintain a safe course.
                                                                                                      [Docket No. USCG–2018–0692]                              This notice of enforcement is issued
                                                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;
                                                                                                                                                            under authority of 33 CFR 165.929,
                                                                                                      Safety Zones; Annual Events
                                              Department of Homeland Security Delegation                                                                    Safety Zones; Annual events requiring
                                                                                                      Requiring Safety Zones in the Captain
                                              No. 0170.1.                                                                                                   safety zones in the Captain of the Port
                                                                                                      of the Port Lake Michigan Zone—
                                                                                                                                                            Lake Michigan zone, and 5 U.S.C.
                                              ■ 2. Add § 165.T05–0615 to read as                      Menominee Waterfront Festival
                                                                                                                                                            552(a). In addition to this notice in the
                                              follows:                                                Fireworks
                                                                                                                                                            Federal Register, the Coast Guard will
                                              § 165.T05–0615 Safety Zone; Fireworks,                  AGENCY:  Coast Guard, DHS.                            provide the maritime community with
                                              Little Egg Harbor, Long Beach, NJ.                      ACTION: Notice of enforcement of                      advance notification of this enforcement
                                                (a) Location. The following area is a                 regulation.                                           period via Broadcast Notice to Mariners
                                              safety zone: all waters of Little Egg                                                                         and Local Notice to Mariners. The
                                              Harbor off Long Beach, NJ, within 200                   SUMMARY:    The Coast Guard will enforce              Captain of the Port Lake Michigan or his
                                              yards of the barge anchored in position                 a safety zone on Green Bay in                         or her designated on-scene
                                              39°37′08.34″ N, 074°12′25.60″ W. All                    Menominee, MI. This action is                         representative may be contacted via
                                              coordinates are based on Datum NAD                      necessary and intended to protect the                 VHF Channel 16 or at (414) 747–7182.
                                              1983.                                                   safety of life and property on navigable
                                                                                                                                                              Dated: July 24, 2018.
                                                (b) Definitions. As used in this                      waters before, during, and immediately
                                                                                                                                                            Thomas J. Stuhlreyer,
                                              section, designated representative                      after a shore based firework display.
                                                                                                      During the enforcement period listed                  Captain, U.S. Coast Guard, Captain of the
                                              means a Coast Guard Patrol                                                                                    Port Lake Michigan.
                                              Commander, including a Coast Guard                      below, vessels and persons are
                                                                                                      prohibited from transiting through,                   [FR Doc. 2018–16756 Filed 8–3–18; 8:45 am]
                                              petty officer, warrant or commissioned                                                                        BILLING CODE 9110–04–P
                                              officer on board a Coast Guard vessel or                mooring, or anchoring within this safety
                                              on board a federal, state, or local law                 zone without approval from the Captain
                                              enforcement vessel assisting the Captain                of the Port Lake Michigan or his or her
                                                                                                      designated representative.                            DEPARTMENT OF HOMELAND
                                              of the Port (COTP), Delaware Bay in the                                                                       SECURITY
                                              enforcement of the safety zone.                         DATES: The regulations in 33 CFR
                                                (c) Regulations. (1) Under the general                165.929(f)(7) will be enforced from 9:30              Coast Guard
                                              safety zone regulations in subpart C of                 p.m. through 10 p.m. on August 4, 2018.
                                              this part, you may not enter the safety                 FOR FURTHER INFORMATION CONTACT: If                   33 CFR Part 165
                                              zone described in paragraph (a) of this                 you have questions about this notice of
                                                                                                                                                            [Docket Number USCG–2018–0194]
                                              section unless authorized by the COTP                   enforcement, call or email MSTC
                                              or the COTP’s designated representative.                Kaleena Carpino, Marine Event                         RIN 1625–AA00
                                                (2) To seek permission to enter or                    Coordinator, U.S. Coast Guard Sector
                                              remain in the zone, contact the COTP or                 Lake Michigan; telephone 414–747–                     Safety Zone; Philippine Sea, Tinian
                                              the COTP’s representative via VHF–FM                    7148, email D09-SMB-                                  AGENCY:    Coast Guard, DHS.
                                              channel 16 or 215–271–4807. Those in                    SECLakeMichigan-WWM@uscg.mil.
                                                                                                                                                            ACTION:   Temporary final rule.
sradovich on DSK3GMQ082PROD with RULES




                                              the safety zone must comply with all                    SUPPLEMENTARY INFORMATION: The Coast
                                              lawful orders or directions given to                    Guard will enforce the Safety Zone;                   SUMMARY:   The Coast Guard is
                                              them by the COTP or the COTP’s                          Waterfront Festival Fireworks listed as               establishing a temporary safety zone for
                                              designated representative.                              item (f)(7) in Table 165.929 of 33 CFR                certain waters off of Chulu and Babui
                                                (3) This section applies to all vessels               165.929. Section 165.929 lists annual                 beaches in Tinian. The Coast Guard
                                              except those engaged in law                             events requiring safety zones in the                  believes this safety zone is necessary to
                                              enforcement, aids to navigation                         Captain of the Port Lake Michigan zone.               protect all divers participating in this


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Document Created: 2018-11-06 10:37:07
Document Modified: 2018-11-06 10:37:07
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 7, 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 38255 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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