83_FR_49213 83 FR 49024 - Special Local Regulation; Manasquan Inlet, Manasquan, NJ

83 FR 49024 - Special Local Regulation; Manasquan Inlet, Manasquan, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range49024-49026
FR Document2018-21202

The Coast Guard proposes to establish a temporary special local regulation for certain waters of the Manasquan Inlet between Manasquan, NJ, and Point Pleasant Beach, NJ. This action is necessary to protect event participants, spectators, and vessels transiting the area from potential hazards during the Manasquan Inlet Intercoastal Tug marine event. During the enforcement period, unauthorized persons or vessels would be prohibited from entering into, remaining within, transiting through, or anchoring in the regulated area unless authorized by the Captain of the Port Delaware Bay or a designated representative of the Captain of the Port. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49024-49026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21202]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0883]
RIN 1625-AA08


Special Local Regulation; Manasquan Inlet, Manasquan, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for certain waters of the Manasquan Inlet between 
Manasquan, NJ, and Point Pleasant Beach, NJ. This action is necessary 
to protect event participants, spectators, and vessels transiting the 
area from potential hazards during the Manasquan Inlet Intercoastal Tug 
marine event. During the enforcement period, unauthorized persons or 
vessels would be prohibited from entering into, remaining within, 
transiting through, or anchoring in the regulated area unless 
authorized by the Captain of the Port Delaware Bay or a designated 
representative of the Captain of the Port. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0883 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The Manasquan Beach and Recreation Department notified the Coast 
Guard that it will be conducting a tug of war event from 11 a.m. to 
1:30 p.m. on October 20, 2018. The tug of war will consist of teams on 
opposing sides of the Manasquan Inlet with a rope extended between the 
sides. The event will span the entire width of the inlet. Vessel 
operation in the area of the event could be hazardous to both event 
participants and vessels. The Captain of the Port Delaware Bay (COTP) 
has determined that a safety concern exists for non-participant vessels 
within 400 feet of the tug of war rope.
    The purpose of this rulemaking is to ensure the safety of 
participants and vessels transiting the regulated area during the 
event. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special local regulation 
to be in effect from 11 a.m. to 1:30 p.m. on October 20, 2018. The 
regulated area would cover all waters within 400 feet of the event 
located between approximate locations 40[deg]6'9.22'' N, 74[deg]2'7.8'' 
W and 40[deg]6'9.22'' N, 74[deg]2'8.2'' W. During the event, the inlet 
would be closed to all non-participant vessel traffic. There is a 30-
minute break tentatively planned for midway through the event. If 
circumstances permit, during the break the rope will be removed from 
navigable waters and vessels may be allowed to transit through the area 
at the discretion of the COTP or COTP's designated representative. The 
regulation is intended to ensure the safety of event participants and 
vessels during the scheduled 11 a.m. to 1:30 p.m. tug of war event. No 
vessel or person would be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative of 
the Captain of the Port. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the regulated area. While this regulated area 
would impact a designated area of the Manasquan River Inlet for 2 and 
\1/2\ hours, the event sponsor has organized a 30 minute time period 
during the event where vessels would be able to transit through the 
inlet. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the rule 
would allow vessels to seek permission to enter the zone during the 30 
minute time period during the event.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see

[[Page 49025]]

ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made a preliminary 
determination 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 proposed rule involves a regulated area lasting 2 and 
\1/2\ hours that would prohibit entry within 400 feet of a tug of war 
event across an inlet. Normally such actions are categorically excluded 
from further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Maritime safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0883 to read as follows.


Sec.  100.T05-0883   Special Local Regulation; Manasquan River; 
Manasquan, NJ.

    (a) Location. The following area is a regulated area: All waters of 
the Manasquan River within the Manasquan Inlet within 400 feet of the 
event located between approximate locations 40[deg]6'9.22'' N, 
74[deg]2'7.8'' W and 40[deg]6'9.22'' N, 74[deg]2'8.2'' W. All 
coordinates are based on World Geodetic System 1984.
    (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 Delaware Bay (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering into, remaining within, transiting through, or 
anchoring in the regulated area 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 designated representative

[[Page 49026]]

via VHF-FM channel 16 or by telephone at 215-271-4807.
    (3) If authorization to enter into, remain within, transit through, 
or anchor in the regulated area is granted, all persons and vessels 
receiving such authorization shall comply with the instructions of the 
COTP or the COTP's designated representative.
    (4) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Marines, or by on-scene 
designated representatives.
    (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 11 a.m. through 1:30 p.m. on October 20, 2018.

K.A. Clarke,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2018-21202 Filed 9-27-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                49024                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                matter of the withdrawn proposed rules,                 I. Table of Abbreviations                             Below we summarize our analyses
                                                you may review the Agency’s website                     CFR Code of Federal Regulations
                                                                                                                                                              based on a number of these statutes and
                                                (https://www.fda.gov) for any current                   COTP Captain of the Port                              Executive orders and we discuss First
                                                information on the matter.                              DHS Department of Homeland Security                   Amendment rights of protestors.
                                                  Dated: September 24, 2018.                            FR Federal Register                                   A. Regulatory Planning and Review
                                                Leslie Kux,                                             NPRM Notice of proposed rulemaking
                                                                                                        § Section                                                Executive Orders 12866 and 13563
                                                Associate Commissioner for Policy.                      U.S.C. United States Code                             direct agencies to assess the costs and
                                                [FR Doc. 2018–21133 Filed 9–27–18; 8:45 am]                                                                   benefits of available regulatory
                                                BILLING CODE 4164–01–P                                  II. Background, Purpose, and Legal                    alternatives and, if regulation is
                                                                                                        Basis                                                 necessary, to select regulatory
                                                                                                           The Manasquan Beach and Recreation                 approaches that maximize net benefits.
                                                DEPARTMENT OF HOMELAND                                  Department notified the Coast Guard                   Executive Order 13771 directs agencies
                                                SECURITY                                                that it will be conducting a tug of war               to control regulatory costs through a
                                                                                                        event from 11 a.m. to 1:30 p.m. on                    budgeting process. This NPRM has not
                                                Coast Guard                                             October 20, 2018. The tug of war will                 been designated a ‘‘significant
                                                                                                        consist of teams on opposing sides of                 regulatory action,’’ under Executive
                                                33 CFR Part 100                                         the Manasquan Inlet with a rope                       Order 12866. Accordingly, the NPRM
                                                [Docket Number USCG–2018–0883]                          extended between the sides. The event                 has not been reviewed by the Office of
                                                                                                        will span the entire width of the inlet.              Management and Budget (OMB), and
                                                RIN 1625–AA08                                           Vessel operation in the area of the event             pursuant to OMB guidance it is exempt
                                                                                                        could be hazardous to both event                      from the requirements of Executive
                                                Special Local Regulation; Manasquan
                                                Inlet, Manasquan, NJ                                    participants and vessels. The Captain of              Order 13771.
                                                                                                        the Port Delaware Bay (COTP) has                         This regulatory action determination
                                                AGENCY:   Coast Guard, DHS.                             determined that a safety concern exists               is based on the size, location, and
                                                ACTION:   Notice of proposed rulemaking.                for non-participant vessels within 400                duration of the regulated area. While
                                                                                                        feet of the tug of war rope.                          this regulated area would impact a
                                                SUMMARY:   The Coast Guard proposes to                     The purpose of this rulemaking is to               designated area of the Manasquan River
                                                establish a temporary special local                     ensure the safety of participants and                 Inlet for 2 and 1⁄2 hours, the event
                                                regulation for certain waters of the                    vessels transiting the regulated area                 sponsor has organized a 30 minute time
                                                Manasquan Inlet between Manasquan,                      during the event. The Coast Guard                     period during the event where vessels
                                                NJ, and Point Pleasant Beach, NJ. This                  proposes this rulemaking under                        would be able to transit through the
                                                action is necessary to protect event                    authority in 33 U.S.C. 1231.                          inlet. Moreover, the Coast Guard would
                                                participants, spectators, and vessels                                                                         issue a Broadcast Notice to Mariners via
                                                transiting the area from potential                      III. Discussion of Proposed Rule
                                                                                                                                                              VHF–FM marine channel 16 about the
                                                hazards during the Manasquan Inlet                         The COTP proposes to establish a                   zone, and the rule would allow vessels
                                                Intercoastal Tug marine event. During                   temporary special local regulation to be              to seek permission to enter the zone
                                                the enforcement period, unauthorized                    in effect from 11 a.m. to 1:30 p.m. on                during the 30 minute time period during
                                                persons or vessels would be prohibited                  October 20, 2018. The regulated area                  the event.
                                                from entering into, remaining within,                   would cover all waters within 400 feet
                                                transiting through, or anchoring in the                 of the event located between                          B. Impact on Small Entities
                                                regulated area unless authorized by the                 approximate locations 40°6′9.22″ N,                      The Regulatory Flexibility Act of
                                                Captain of the Port Delaware Bay or a                   74°2′7.8″ W and 40°6′9.22″ N, 74°2′8.2″               1980, 5 U.S.C. 601–612, as amended,
                                                designated representative of the Captain                W. During the event, the inlet would be               requires Federal agencies to consider
                                                of the Port. We invite your comments on                 closed to all non-participant vessel                  the potential impact of regulations on
                                                this proposed rulemaking.                               traffic. There is a 30-minute break                   small entities during rulemaking. The
                                                DATES: Comments and related material                    tentatively planned for midway through                term ‘‘small entities’’ comprises small
                                                must be received by the Coast Guard on                  the event. If circumstances permit,                   businesses, not-for-profit organizations
                                                or before October 5, 2018.                              during the break the rope will be                     that are independently owned and
                                                ADDRESSES: You may submit comments                      removed from navigable waters and                     operated and are not dominant in their
                                                identified by docket number USCG–                       vessels may be allowed to transit                     fields, and governmental jurisdictions
                                                2018–0883 using the Federal                             through the area at the discretion of the             with populations of less than 50,000.
                                                eRulemaking Portal at https://                          COTP or COTP’s designated                             The Coast Guard certifies under 5 U.S.C.
                                                www.regulations.gov. See the ‘‘Public                   representative. The regulation is                     605(b) that this proposed rule would not
                                                Participation and Request for                           intended to ensure the safety of event                have a significant economic impact on
                                                Comments’’ portion of the                               participants and vessels during the                   a substantial number of small entities.
                                                SUPPLEMENTARY INFORMATION section for                   scheduled 11 a.m. to 1:30 p.m. tug of                    While some owners or operators of
                                                further instructions on submitting                      war event. No vessel or person would be               vessels intending to transit the regulated
                                                comments.                                               permitted to enter the regulated area                 area may be small entities, for the
                                                                                                        without obtaining permission from the                 reasons stated in section IV.A above,
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        COTP or a designated representative of                this proposed rule would not have a
amozie on DSK3GDR082PROD with PROPOSALS1




                                                you have questions about this proposed                                                                        significant economic impact on any
                                                                                                        the Captain of the Port. The regulatory
                                                rulemaking, call or email Petty Officer                                                                       vessel owner or operator.
                                                                                                        text we are proposing appears at the end
                                                Thomas Welker, U.S. Coast Guard;                                                                                 If you think that your business,
                                                                                                        of this document.
                                                Sector Delaware Bay, Waterways                                                                                organization, or governmental
                                                Management Division; telephone (215)                    IV. Regulatory Analyses                               jurisdiction qualifies as a small entity
                                                271–4814, email Thomas.J.Welker@                          We developed this proposed rule after               and that this rule would have a
                                                uscg.mil.                                               considering numerous statutes and                     significant economic impact on it,
                                                SUPPLEMENTARY INFORMATION:                              Executive orders related to rulemaking.               please submit a comment (see


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                                                                      Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                             49025

                                                ADDRESSES) explaining why you think it                  more in any one year. Though this                     CONTACT section of this document for
                                                qualifies and how and to what degree                    proposed rule would not result in such                alternate instructions.
                                                this rule would economically affect it.                 an expenditure, we do discuss the                        We accept anonymous comments. All
                                                   Under section 213(a) of the Small                    effects of this rule elsewhere in this                comments received will be posted
                                                Business Regulatory Enforcement                         preamble.                                             without change to https://
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov and will include
                                                we want to assist small entities in                     F. Environment
                                                                                                                                                              any personal information you have
                                                understanding this proposed rule. If the                   We have analyzed this proposed rule                provided. For more about privacy and
                                                rule would affect your small business,                  under Department of Homeland                          the docket, visit https://
                                                organization, or governmental                           Security Directive 023–01 and                         www.regulations.gov/privacyNotice.
                                                jurisdiction and you have questions                     Commandant Instruction M16475.1D,                        Documents mentioned in this NPRM
                                                concerning its provisions or options for                which guide the Coast Guard in                        as being available in the docket, and all
                                                compliance, please contact the person                   complying with the National                           public comments, will be in our online
                                                listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  docket at https://www.regulations.gov
                                                CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                   and can be viewed by following that
                                                not retaliate against small entities that               preliminary determination that this                   website’s instructions. Additionally, if
                                                question or complain about this                         action is one of a category of actions that           you go to the online docket and sign up
                                                proposed rule or any policy or action of                do not individually or cumulatively                   for email alerts, you will be notified
                                                the Coast Guard.                                        have a significant effect on the human                when comments are posted or a final
                                                                                                        environment. This proposed rule                       rule is published.
                                                C. Collection of Information                            involves a regulated area lasting 2 and
                                                  This proposed rule would not call for                 1⁄2 hours that would prohibit entry                   List of Subjects in 33 CFR Part 100
                                                a new collection of information under                   within 400 feet of a tug of war event                   Maritime safety, Navigation (water),
                                                the Paperwork Reduction Act of 1995                     across an inlet. Normally such actions                Reporting and recordkeeping
                                                (44 U.S.C. 3501–3520).                                  are categorically excluded from further               requirements, Waterways.
                                                                                                        review under paragraph L61 of                           For the reasons discussed in the
                                                D. Federalism and Indian Tribal
                                                                                                        Appendix A, Table 1 of DHS Instruction                preamble, the Coast Guard proposes to
                                                Governments
                                                                                                        Manual 023–01–001–01, Rev. 01. A                      amend 33 CFR part 100 as follows:
                                                   A rule has implications for federalism               preliminary Record of Environmental
                                                under Executive Order 13132,                            Consideration supporting this                         PART 100—SAFETY OF LIFE ON
                                                Federalism, if it has a substantial direct              determination is available in the docket              NAVIGABLE WATERS
                                                effect on the States, on the relationship               where indicated under ADDRESSES. We
                                                between the national government and                     seek any comments or information that                 ■ 1. The authority citation for part 100
                                                the States, or on the distribution of                   may lead to the discovery of a                        continues to read as follows:
                                                power and responsibilities among the                    significant environmental impact from                   Authority: 33 U.S.C. 1233; 33 CFR
                                                various levels of government. We have                   this proposed rule.                                   1.05–1.
                                                analyzed this proposed rule under that                                                                        ■ 2. Add § 100.T05–0883 to read as
                                                Order and have determined that it is                    G. Protest Activities
                                                                                                                                                              follows.
                                                consistent with the fundamental                           The Coast Guard respects the First
                                                federalism principles and preemption                    Amendment rights of protesters.                       § 100.T05–0883 Special Local Regulation;
                                                requirements described in Executive                     Protesters are asked to contact the                   Manasquan River; Manasquan, NJ.
                                                Order 13132.                                            person listed in the FOR FURTHER                        (a) Location. The following area is a
                                                   Also, this proposed rule does not have               INFORMATION CONTACT section to                        regulated area: All waters of the
                                                tribal implications under Executive                     coordinate protest activities so that your            Manasquan River within the Manasquan
                                                Order 13175, Consultation and                           message can be received without                       Inlet within 400 feet of the event located
                                                Coordination with Indian Tribal                         jeopardizing the safety or security of                between approximate locations
                                                Governments, because it would not have                  people, places, or vessels.                           40°6′9.22″ N, 74°2′7.8″ W and 40°6′9.22″
                                                a substantial direct effect on one or                                                                         N, 74°2′8.2″ W. All coordinates are
                                                more Indian tribes, on the relationship                 V. Public Participation and Request for
                                                                                                                                                              based on World Geodetic System 1984.
                                                between the Federal Government and                      Comments                                                (b) Definitions. As used in this
                                                Indian tribes, or on the distribution of                  We view public participation as                     section, designated representative
                                                power and responsibilities between the                  essential to effective rulemaking, and                means a Coast Guard Patrol
                                                Federal Government and Indian tribes.                   will consider all comments and material               Commander, including a Coast Guard
                                                If you believe this proposed rule has                   received during the comment period.                   petty officer, warrant or commissioned
                                                implications for federalism or Indian                   Your comment can help shape the                       officer on board a Coast Guard vessel or
                                                tribes, please contact the person listed                outcome of this rulemaking. If you                    on board a federal, state, or local law
                                                in the FOR FURTHER INFORMATION                          submit a comment, please include the                  enforcement vessel assisting the Captain
                                                CONTACT section.                                        docket number for this rulemaking,                    of the Port Delaware Bay (COTP) in the
                                                                                                        indicate the specific section of this                 enforcement of the safety zone.
                                                E. Unfunded Mandates Reform Act                         document to which each comment                          (c) Regulations. (1) All non-
                                                  The Unfunded Mandates Reform Act                      applies, and provide a reason for each                participant persons and vessels are
amozie on DSK3GDR082PROD with PROPOSALS1




                                                of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                         prohibited from entering into, remaining
                                                Federal agencies to assess the effects of                 We encourage you to submit                          within, transiting through, or anchoring
                                                their discretionary regulatory actions. In              comments through the Federal                          in the regulated area unless authorized
                                                particular, the Act addresses actions                   eRulemaking Portal at http://                         by the COTP or the COTP’s designated
                                                that may result in the expenditure by a                 www.regulations.gov. If your material                 representative.
                                                State, local, or tribal government, in the              cannot be submitted using http://                       (2) To seek permission to enter or
                                                aggregate, or by the private sector of                  www.regulations.gov, contact the person               remain in the zone, contact the COTP or
                                                $100,000,000 (adjusted for inflation) or                in the FOR FURTHER INFORMATION                        the COTP’s designated representative


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                                                49026                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                via VHF–FM channel 16 or by telephone                   2018–0711 using the Federal                           p.m. fireworks display. No vessel or
                                                at 215–271–4807.                                        eRulemaking Portal at http://                         person would be permitted to enter,
                                                   (3) If authorization to enter into,                  www.regulations.gov. See the ‘‘Public                 transit, or remain within the safety zone
                                                remain within, transit through, or                      Participation and Request for                         without obtaining permission from the
                                                anchor in the regulated area is granted,                Comments’’ portion of the                             COTP or a designated representative.
                                                all persons and vessels receiving such                  SUPPLEMENTARY INFORMATION section for                 The regulatory text we are proposing
                                                authorization shall comply with the                     further instructions on submitting                    appears at the end of this document.
                                                instructions of the COTP or the COTP’s                  comments.
                                                                                                                                                              IV. Regulatory Analyses
                                                designated representative.                              FOR FURTHER INFORMATION CONTACT: If
                                                   (4) The Coast Guard will provide                                                                             We developed this proposed rule after
                                                                                                        you have questions about this proposed
                                                notice of the regulated areas by Local                                                                        considering numerous statutes and
                                                                                                        rulemaking, call or email Petty Officer
                                                Notice to Mariners, Broadcast Notice to                                                                       Executive orders related to rulemaking.
                                                                                                        Thomas Welker, U.S. Coast Guard,
                                                Marines, or by on-scene designated                                                                            Below we summarize our analyses
                                                                                                        Sector Delaware Bay, Waterways
                                                representatives.                                        Management Division; telephone 215–                   based on a number of these statutes and
                                                   (d) Enforcement. The U.S. Coast                      271–4814, email Thomas.j.welker@                      Executive orders and we discuss First
                                                Guard may be assisted in the patrol and                 uscg.mil.                                             Amendment rights of protestors.
                                                enforcement of the safety zone by                                                                             A. Regulatory Planning and Review
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                federal, state, and local agencies.
                                                   (e) Enforcement period. This zone                    I. Table of Abbreviations                                Executive Orders 12866 and 13563
                                                will be enforced from approximately 11                                                                        direct agencies to assess the costs and
                                                                                                        CFR Code of Federal Regulations                       benefits of available regulatory
                                                a.m. through 1:30 p.m. on October 20,                   DHS Department of Homeland Security
                                                2018.                                                                                                         alternatives and, if regulation is
                                                                                                        FR Federal Register
                                                                                                        NPRM Notice of proposed rulemaking
                                                                                                                                                              necessary, to select regulatory
                                                K.A. Clarke,                                            § Section                                             approaches that maximize net benefits.
                                                Captain, U.S. Coast Guard, Acting Captain               U.S.C. United States Code                             Executive Order 13771 directs agencies
                                                of the Port Delaware Bay.                                                                                     to control regulatory costs through a
                                                [FR Doc. 2018–21202 Filed 9–27–18; 8:45 am]
                                                                                                        II. Background, Purpose, and Legal                    budgeting process. This NPRM has not
                                                                                                        Basis                                                 been designated a ‘‘significant
                                                BILLING CODE 9110–04–P
                                                                                                           On June 18, 2018, a wedding party                  regulatory action,’’ under Executive
                                                                                                        notified the Coast Guard that it will be              Order 12866. Accordingly, the NPRM
                                                DEPARTMENT OF HOMELAND                                  conducting a fireworks display from                   has not been reviewed by the Office of
                                                SECURITY                                                11:15 p.m. to 11:45 p.m. on October 19,               Management and Budget (OMB), and
                                                                                                        2018. The fireworks are to be launched                pursuant to OMB guidance it is exempt
                                                Coast Guard                                             from a barge in the Delaware River                    from the requirements of Executive
                                                                                                        adjacent to Penn’s Landing in                         Order 13771.
                                                33 CFR Part 165                                         Philadelphia, PA. Hazards from                           This regulatory action determination
                                                [Docket Number USCG–2018–0711]                          firework display include accidental                   is based on the size, location, duration,
                                                                                                        discharge of fireworks, dangerous                     and time-of-day of the safety zone.
                                                RIN 1625–AA00                                           projectiles, and falling hot embers or                Vessel traffic would be able to safely
                                                                                                        other debris. The Captain of the Port                 transit around this safety zone which
                                                Safety Zone; Delaware River; Penn’s                     Delaware Bay (COTP) has determined                    would impact a small designated area of
                                                Landing; Philadelphia, PA; Fireworks                    that potential hazards associated with                the Delaware River for one hour during
                                                Display                                                 the fireworks to be used in this display              the evening when vessel traffic is
                                                AGENCY:   Coast Guard, DHS.                             would be a safety concern for anyone                  normally low. Moreover, the Coast
                                                ACTION:   Notice of proposed rulemaking.                within a 500-foot radius of the barge.                Guard would issue a Broadcast Notice to
                                                                                                           The purpose of this rulemaking is to               Mariners via VHF–FM marine channel
                                                SUMMARY:   The Coast Guard proposes to                  ensure the safety of vessels and the                  16 about the zone, and the rule would
                                                establish a temporary safety zone on a                  navigable waters within a 500-foot                    allow vessels to seek permission to enter
                                                portion of the Delaware River in                        radius of the fireworks barge before,                 the zone.
                                                Philadelphia, PA. This action is                        during, and after the scheduled event.
                                                                                                        The Coast Guard proposes this                         B. Impact on Small Entities
                                                necessary to protect the surrounding
                                                public and vessels on these navigable                   rulemaking under authority in 33 U.S.C.                  The Regulatory Flexibility Act of
                                                waters adjacent to Penn’s Landing,                      1231.                                                 1980, 5 U.S.C. 601–612, as amended,
                                                Philadelphia, PA, during a fireworks                                                                          requires Federal agencies to consider
                                                                                                        III. Discussion of Proposed Rule                      the potential impact of regulations on
                                                display on October 19, 2018. This
                                                proposed rulemaking would prohibit                         The COTP proposes to establish a                   small entities during rulemaking. The
                                                persons and vessels from entering,                      safety zone from 11:00 p.m. through                   term ‘‘small entities’’ comprises small
                                                transiting, or remaining within the                     11:59 p.m. on October 19, 2018. The                   businesses, not-for-profit organizations
                                                safety zone unless authorized by the                    safety zone would cover all navigable                 that are independently owned and
                                                Captain of the Port Delaware Bay or a                   waters within 500 feet of a fireworks                 operated and are not dominant in their
                                                designated representative. We invite                    barge in the Delaware River adjacent to               fields, and governmental jurisdictions
amozie on DSK3GDR082PROD with PROPOSALS1




                                                your comments on this proposed                          Penn’s Landing in Philadelphia, PA.                   with populations of less than 50,000.
                                                rulemaking.                                             The barge will be anchored in                         The Coast Guard certifies under 5 U.S.C.
                                                                                                        approximate position 39°57′05.26″ N                   605(b) that this proposed rule would not
                                                DATES:  Comments and related material                   Latitude 075°08′10.85″ W Longitude.                   have a significant economic impact on
                                                must be received by the Coast Guard on                  The duration of the zone is intended to               a substantial number of small entities.
                                                or before October 5, 2018.                              ensure the safety of vessels and these                   While some owners or operators of
                                                ADDRESSES: You may submit comments                      navigable waters before, during, and                  vessels intending to transit the safety
                                                identified by docket number USCG–                       after the scheduled 11:15 p.m. to 11:45               zone may be small entities, for the


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Document Created: 2018-09-28 01:22:27
Document Modified: 2018-09-28 01:22:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 5, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Thomas Welker, U.S. Coast Guard; Sector Delaware Bay, Waterways Management Division; telephone (215) 271-4814, email [email protected]
FR Citation83 FR 49024 
RIN Number1625-AA08
CFR AssociatedMaritime Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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