Rule2022-10008
Safety Zone; Celebrate Our Stars and Stripes Fireworks, Raritan Bay, Perth Amboy, NJ
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2022
Effective
July 2, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of Raritan Bay near Perth Amboy, NJ, for a fireworks display. This temporary safety zone is necessary to protect spectators and vessel from the hazards associated with the fireworks display. This rule is intended to restrict all vessels from a portion of Raritan Bay during the fireworks unless authorized by the Captain of the Port (COTP) New York or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 90 (Tuesday, May 10, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Pages 27945-27947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10008]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0281]
RIN 1625-AA00
Safety Zone; Celebrate Our Stars and Stripes Fireworks, Raritan
Bay, Perth Amboy, NJ
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Raritan Bay near Perth Amboy, NJ, for a fireworks
display. This temporary safety zone is necessary to protect spectators
and vessel from the hazards associated with the fireworks display. This
rule is intended to restrict all vessels from a portion of Raritan Bay
during the fireworks unless authorized by the Captain of the Port
(COTP) New York or a designated representative.
DATES: This rule is effective from 9 p.m. on July 2, 2022, until 10
p.m. on July 3, 2022. This rule will be enforced either on July 2,
2022, from 9 p.m. to 10 p.m. or on July 3, 2022, from 9 p.m. to 10 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0281 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Gutierrez, Lizette, U.S. Coast Guard; telephone
(718) 354-4154, email <a href="/cdn-cgi/l/email-protection#9adeaaabb7c9d7d8b7c9fff9d4c3b7cdfbeeffe8edfbe3e9daefe9f9fdb4f7f3f6"><span class="__cf_email__" data-cfemail="a0e490918df3ede28df3c5c3eef98df7c1d4c5d2d7c1d9d3e0d5d3c3c78ecdc9cc">[email protected]</span></a>.
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 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 the event sponsor was late in
submitting the marine event application. This late submission did not
give the Coast Guard enough time to publish an NPRM followed by a final
rule before the effective date thus making it impracticable to publish
an NPRM. The event sponsor advised that the event is in correlation
with a festival bringing together Perth Amboy and South Amboy, NJ, to
honor Independence Day. Any change to the date of the event would cause
economic hardship on the event sponsor, negatively impacting other
activities being held in conjunction with the event.
The location of the event is centrally located between both Perth
Amboy and South Amboy which is more advantageous for the event
spectators and sponsors. In addition it has less of an impact on vessel
traffic within Raritan Bay because the location is out of the major
shipping lanes.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP New York has determined
this temporary safety zone is necessary to ensure the safety of
spectators and vessels from the hazards associated with the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the waters of
Raritan Bay near Perth Amboy, NJ, for a fireworks event on July 2,
2022. If the event is unable to happen on July 2, 2022, due to
inclement weather, the fireworks event will instead occur on July 3,
2022. All persons and vessels shall comply with the instruction of the
COTP New York or a designated representative during the enforcement of
the temporary safety zone. Entering into, transiting through, or
anchoring within the temporary safety zone is prohibited unless
authorized by the COTP New York or a designated representative.
Based on the inherent hazards associated with fireworks, the COTP
New York has determined that fireworks launches in close proximity to
water crafts pose a significant risk to public safety and property. The
combination of increased number of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, and debris,
especially burning debris falling on passing or spectator vessels, has
the potential to result in serious injuries or fatalities. This
temporary safety zone will restrict vessels from a portion of Raritan
Bay around the location of the fireworks launch platform before, during
and immediately after the fireworks display.
The Coast Guard determined that this regulated area will not have
significant impact on vessel traffic due to its temporary nature and
limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
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
[[Page 27946]]
Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for approximately 60 minutes. Due to the location, vessels
will be able to transit around the safety zone in a safe manner.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishment of a temporary safety zone lasting only 1 hour that will
prohibit entry within a 300-yard radius of the fireworks barges located
in approximate position 40[deg]29'28'' N, 074[deg]15'45'' W. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T01-0281 to read as follows:
Sec. 165.T01-0281 Safety Zone; Raritan Bay, Perth Amboy, NJ.
(a) Location. The following area is a safety zone: All navigable
waters of Raritan Bay within a 300-yard radius of the fireworks barge
located in approximate position 40[deg]29'28'' N, 074[deg]15'45'' W, in
the vicinity of Perth Amboy, NJ, approximately 1,110 yards southeast of
Ferry Point, Perth Amboy, NJ.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer
[[Page 27947]]
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port New York (COTP) 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, contact the COTP or the COTP's
representative via VHF channel 16 or 718-354-4154 (Sector New York
command center). 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) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashlight or other means, the
operator of the vessel shall proceed as directed. Failure to comply
with a lawful direction may result in expulsion from the area, citation
for failure to comply, or both.
(4) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of the event participants or official patrol vessels
in the regulated areas during the effective dates and times unless
authorized by COTP or designated representative.
(5) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time if it is deemed necessary
to ensure the safety of life or property.
(d) Enforcement period. This section will be subject to enforcement
on either July 2, 2022, from 9 p.m. to 10 p.m. or on July 3, 2022, from
9 p.m. through 10 p.m.
Dated: May 4, 2022.
Z.E. Merchant,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2022-10008 Filed 5-9-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.