Rule2023-13591
Safety Zone; Fireworks Display, Great Egg Harbor Bay, Ocean City, NJ
Primary source
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Published
June 27, 2023
Effective
July 29, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of Great Egg Harbor Bay in Ocean City, NJ. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a barge-based fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Delaware Bay. Vessels within the zone prior to the enforcement period must leave the zone before the enforcement period begins.
Full Text
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<title>Federal Register, Volume 88 Issue 122 (Tuesday, June 27, 2023)</title>
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[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Pages 41504-41506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13591]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0234]
RIN 1625-AA00
Safety Zone; Fireworks Display, Great Egg Harbor Bay, Ocean City,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Great Egg Harbor Bay in Ocean City, NJ. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a barge-based fireworks
display. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port (COTP)
Delaware Bay. Vessels within the zone prior to the enforcement period
must leave the zone before the enforcement period begins.
DATES: This rule is effective from 9 to 9:45 p.m. on July 29, 2023.
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-
2023-0234 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 Petty Officer Dylan Caikowski, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4814, email <a href="/cdn-cgi/l/email-protection#c794a2a483a2ab85a6be90908a87b2b4a4a0e9aaaeab"><span class="__cf_email__" data-cfemail="da89bfb99ebfb698bba38d8d979aafa9b9bdf4b7b3b6">[email protected]</span></a>.
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
On February 16, 2023, Ocean City, New Jersey notified the Coast
Guard that it will be conducting a fireworks display from 9:15 to 9:30
p.m. on July 29, 2023. The fireworks are to be launched from a barge in
Great Egg Harbor Bay, in the vicinity of Rainbow Channel. In response,
on April 24, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Delaware Bay, Lower Township, NJ.
There, we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this fireworks display. During
the comment period that ended May 24, 2023, we received one comment.
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 has determined that
potential hazards associated with a barge-based fireworks display will
be a safety concern for anyone within 600 feet of the fireworks barge.
The purpose of this rule is to ensure the safety of vessels and of
persons who might be in the navigable waters in the safety zone before,
during, and after a barge-based fireworks display.
[[Page 41505]]
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
24, 2023. The comment stated that the proposed creation of a safety
zone in Great Egg Harbor Bay, Ocean City, NJ, is justified based on the
government's compelling interest in protecting the safety of
individuals and the environment during a fireworks show, outweighing
the minimal restriction on individual freedom. There are no changes in
the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary safety zone from 9 to 9:45 p.m.
on July 29, 2023. The safety zone will cover all navigable waters
within 600 feet of a barge in Great Egg Harbor Bay located at
approximate position latitude 39[deg]17'23.7'' N, longitude
074[deg]34'31.3'' W. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 9:15 to 9:30 p.m. fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the following
factors: (1) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP 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; and (3) the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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 received no comments from the Small Business
Administration on this rulemaking. 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 a
temporary safety zone lasting 45 minutes that would prohibit entry
within 600 feet of a fireworks barge. 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
[[Page 41506]]
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 AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0234 to read as follows:
Sec. 165.T05-0234 Safety Zone; Fireworks Display, Great Egg Harbor
Bay, Ocean City, NJ.
(a) Location. All navigable waters within 600 feet of a barge in
Great Egg Harbor Bay located at approximate position latitude
39[deg]17'23.7'' N, longitude 074[deg]34'31.3'' W.
(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), Sector 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 or remain in 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) No vessel authorized to enter or remain in the zone may take on
bunkers or conduct lightering operations within the safety zone during
its enforcement period.
(4) 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 9 to 9:45 p.m. on July 29, 2023.
Dated: June 21, 2023.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-13591 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 27, 2023.
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