33163

Rules and Regulations Federal Register Vol. 84, No. 134

Friday, July 12, 2019

This section of the FEDERAL REGISTER date of the final rule from September 9, 2019. During this period of enforcement, contains regulatory documents having general 2019 to July 12, 2019, and provides an certain vessels, listed in 33 CFR applicability and legal effect, most of which applicability date of July 9, 2019 for the 165.944(b), are prohibited from crossing are keyed to and codified in the Code of final rule. underneath the Mackinac Bridge in the Federal Regulations, which is published under Straits of Mackinac, Michigan. If you are 50 titles pursuant to 44 U.S.C. 1510. Chad Rupe, the operator of a vessel in the regulated Administrator, Rural Utilities Service. The Code of Federal Regulations is sold by navigation area you must comply with the Superintendent of Documents. [FR Doc. 2019–14875 Filed 7–11–19; 8:45 am] directions from the Patrol Commander BILLING CODE 3410–15–P or Designated Representative of the Captain of the Port. DEPARTMENT OF AGRICULTURE In addition to this notice of DEPARTMENT OF HOMELAND enforcement in the Federal Register, the Rural Utilities Service SECURITY Guard plans to provide notification of this enforcement period 7 CFR Parts 1710, 1714, 1717, 1724, Coast Guard via the Local Notice to Mariners, and 1726, and 1730 marine information broadcasts. 33 CFR Part 165 RIN 0572–AC40 Dated: July 3, 2019. [Docket No. USCG–2019–0562] Streamlining Electric Program Patrick S. Nelson, Procedures Regulated Navigation Area; Straits of Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie. Mackinac, Mackinaw City, MI AGENCY: Rural Utilities Service, USDA. [FR Doc. 2019–14820 Filed 7–11–19; 8:45 am] ACTION: Final rule; change of effective AGENCY: Coast Guard, DHS. BILLING CODE 9110–04–P date. ACTION: Notice of enforcement of regulation. SUMMARY: On July 9, 2019, the Rural DEPARTMENT OF HOMELAND Utilities Service (RUS), a Rural SUMMARY: The Coast Guard will enforce SECURITY Development agency of the United a temporary traffic rule prohibiting the States Department of Agriculture transit of certain vessels under the Coast Guard (USDA), published a final rule that Mackinac Bridge in the Straits of revised several regulations to streamline Mackinac on August 11, 2019, to 33 CFR Part 165 its procedures for Electric Program provide for safety of life on navigable [Docket Number USCG–2019–0154] borrowers. RUS has determined it is waterways during a swim event. Our necessary to accelerate the effective date regulation identifies the vessels that RIN 165–AA00 of the final rule. must comply with this temporary traffic DATES: rule. During the enforcement periods, Safety Zones; Marine Events Held in Effective date: The effective date of the operator of any vessel in the the Captain of the Port Long Island the final rule published at 84 FR 32607 regulated navigation area must comply Zone on July 9, 2019 is changed from with directions from the Patrol AGENCY: Coast Guard, DHS. September 9, 2019, to July 12, 2019. Commander or a Designated ACTION: Applicability date: The final rule Representative of the Captain of the Temporary final rule. published at 84 FR 32607 on July 9, Port. SUMMARY: The Coast Guard is 2019, is applicable beginning July 9, DATES: This temporary traffic rule establishing seven temporary safety 2019. permitted in 33 CFR 165.944 will be zones for fireworks displays within the FOR FURTHER INFORMATION CONTACT: enforced from 7:30 a.m. through 10:30 Captain of the Port (COTP) Long Island Gerard Moore, Deputy Assistant a.m. on August 11, 2019. Sound (LIS) Zone. These temporary Administrator, Office of Policy, FOR FURTHER INFORMATION CONTACT: If safety zones are necessary to provide for Outreach, and Standards (OPOS), Rural you have questions about this notice of the safety of life on navigable waters Utilities Service, U.S. Department of enforcement, call or email LT Sean during these seven events. Entry into, Agriculture, STOP 1569, 1400 Murphy, Waterways Management, U.S. transit through, mooring or anchoring Independence Ave. SW, Washington, Coast Guard; telephone 906–635–3223, within these limited access areas is DC 20250–0787, telephone: (202) 720– email [email protected]. prohibited unless authorized by the 1900. Email contact Gerard.Moore@ SUPPLEMENTARY INFORMATION: The Coast COTP LIS. wdc.usda.gov. Guard will enforce a temporary traffic DATES: This rule is effective from July SUPPLEMENTARY INFORMATION: On July 9, rule, that the Captain of the Port Sault 12, 2019 through July 13, 2019. For the 2019, RUS published a final rule Sainte Marie is establishing under 33 purposes of enforcement, actual notice implementing revisions to existing CFR 165.944(c)(7), to provide for safety will be used from June 29, 2019, regulations to streamline procedures for of life on navigable waterways during a through July 12, 2019. Electric Program borrowers. The final swim event near the Mackinac Bridge in ADDRESSES: To view documents rule should have been effective upon the Straits of Mackinac. The temporary mentioned in this preamble as being publication in the Federal Register. traffic rule will be enforced from 7:30 available in the docket, go to http:// This document accelerates the effective a.m. through 10:30 a.m. on August 11, www.regulations.gov, type USCG–2019–

VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 jbell on DSK3GLQ082PROD with RULES 33164 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations

0154 in the ‘‘SEARCH’’ box and click is cited in 33 CFR 165.151 at 7.13. This doing so would be impracticable and ‘‘SEARCH.’’ Click on Open Docket event has been included in this rule due contrary to the public interest. The Folder on the line associated with this to deviation from the cite date. Coast Guard was not provided enough rule. Madison Fireworks is a recurring notice that these events were occurring FOR FURTHER INFORMATION CONTACT: If marine event. A permanent safety zone by the event sponsors to allow for you have questions on this rule, contact was established in 2013 and is cited in publishing an NPRM, taking public Petty Officer Melanie Hughes, 33 CFR 165.151 at 7.3. This event has comments, and issuing a final rule Prevention Department, Coast Guard been included in this rule due to before these events take place. It is Sector , telephone deviation from the cite date. impracticable to publish an NPRM (203) 468–4583, email Melanie.A. Village of Asharoken Fireworks is a because we must establish these safety [email protected]. recurring marine event. A permanent zones by June 29, 2019. Thus, waiting SUPPLEMENTARY INFORMATION: safety zone was established in 2010 and for a comment period to run is also is cited in 33 CFR 165.151 at 7.24. This contrary to the public interest as it I. Table of Abbreviations event has been included in this rule due would inhibit the Coast Guard’s mission COTP Captain of the Port to deviation from the cite position. to keep the ports and waterways safe. DHS Department of Homeland Security City of Norwich July Fireworks is a Under 5 U.S.C. 553(d)(3), and for the FR Federal Register recurring marine event. A permanent LIS Long Island Sound same reasons stated in the preceding safety zone was established in 2010 and paragraph, the Coast Guard finds that NPRM Notice of Proposed Rulemaking is cited in 33 CFR 165.151 at 7.11. This NAD 83 North American Datum 1983 good cause exists for making this rule event has been included in this rule due effective less than 30 days after II. Background Information and to deviation from the cite date. publication in the Federal Register. Regulatory History City of Middletown Fireworks is a This rulemaking establishes nine recurring marine event. A permanent III. Legal Authority and Need for Rule safety zone was established in 2010 and safety zones for fireworks displays. Each The Coast Guard is issuing this event and its corresponding regulatory is cited in 33 CFR 165.151 at 7.9. This event has been included in this rule due temporary rule under authority in 33 history are discussed below. U.S.C. 1231. The COTP LIS has Riverfest Fireworks is a recurring to deviation from the cite date. determined that the safety zones marine event. A permanent safety zone The Coast Guard is issuing this established by this temporary final rule was established in 2010 and is cited in temporary final rule without prior are necessary to provide for the safety of 33 CFR 165.151 at 7.23. This event has notice and opportunity to comment life on navigable waterways before, been included in this rule due to pursuant to authority under section 4(a) during and after the nine scheduled deviation from the cite date. of the Administrative Procedure Act City of Masons Island Yacht Club (APA) (5 U.S.C. 553(b)). This provision fireworks displays. Fireworks is a recurring marine event. A authorizes an agency to issue a rule IV. Discussion of the Rule permanent safety zone was established without prior notice and opportunity to in 2010 and is cited in 33 CFR 165.151 comment when the agency for good This rule establishes seven safety at 7.21. This event has been included in cause finds that those procedures are zones for seven fireworks displays. Each this rule due to deviation from the cite ‘‘impracticable, unnecessary, or contrary safety zone covers all navigable waters date. to the public interest.’’ Under 5 U.S.C. within a 1,000 foot radius of the launch City of West Haven Fireworks is a 553(b)(B), the Coast Guard finds that platform or launch site for each recurring marine event. A permanent good cause exists for not publishing a fireworks display at the following safety zone was established in 2010 and NPRM with respect to this rule because locations:

Fireworks Displays Safety Zones

1 Riverfest Fireworks ...... Location: Waters of the River within a 600-foot radius of the fireworks barge located in approximate position, 41°45′34″ N, 072°39′37″ W (NAD 83). 2 Masons Island Yacht Club Fireworks ...... Location: Waters of Fishers Island Sound, Noank, CT in approximate position, 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). 3 City of West Haven Fireworks ...... Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position, 41°15′07″ N, 072°57′26″ W (NAD 83). 4 Madison Fireworks ...... Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position, 41°16′03.93″ N, 072°36′15.97″ W (NAD 83). 5 Village of Asharoken Fireworks ...... Location: Waters of Northport Bay, Asharoken, NY in approximate po- sition, 40°55′54.04″ N, 073°21′27.97″ W (NAD 83). 6 City of Norwich July Fireworks ...... Location: Waters of the Thames River, Norwich, CT in approximate po- sition, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83). 7 City of Middletown Fireworks ...... Location: Waters of the , Middletown Harbor, Middle- town, CT in approximate position, 41°33′44.47″ N, 072°38′37.88″ W (NAD 83).

This rule restricts vessel movement entering, transiting, mooring, or The Coast Guard will notify the within the areas specifically designated anchoring within the safety zones public and local mariners of these safety as a safety zone to reduce the safety during the period of enforcement unless zones through appropriate means, risks associated with specific marine authorized by the COTP or designated which may include, but are not limited events. Vessels are prohibited from representative. to, publication in the Federal Register,

VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 33165

the Local Notice to Mariners, and for the reasons stated in section V.A E. Unfunded Mandates Reform Act Broadcast Notice to Mariners. above, this rule will not have a The Unfunded Mandates Reform Act significant economic impact on any V. Regulatory Analyses of 1995 (2 U.S.C. 1531–1538) requires vessel owner or operator. Under section Federal agencies to assess the effects of We developed this rule after 213(a) of the Small Business Regulatory their discretionary regulatory actions. In considering numerous statutes and Enforcement Fairness Act of 1996 (Pub. particular, the Act addresses actions Executive orders related to rulemaking. L. 104–121), we want to assist small that may result in the expenditure by a Below we summarize our analyses entities in understanding this rule. If the State, local, or tribal government, in the based on these statutes and Executive rule would affect your small business, aggregate, or by the private sector of orders and we discuss First Amendment organization, or governmental $100,000,000 (adjusted for inflation) or rights of protestors. jurisdiction and you have questions more in any one year. Though this rule concerning its provisions or options for A. Regulatory Planning and Review will not result in such an expenditure, compliance, please contact the person Executive Orders 12866 and 13563 we do discuss the effects of this rule listed in the FOR FURTHER INFORMATION direct agencies to assess the costs and elsewhere in this preamble. CONTACT section. benefits of available regulatory Small businesses may send comments F. Environment alternatives and, if regulation is on the actions of Federal employees necessary, to select regulatory We have analyzed this rule under who enforce, or otherwise determine approaches that maximize net benefits. Department of Homeland Security compliance with, Federal regulations to Executive Order 13771 directs agencies Management Directive 023–01 and the Small Business and Agriculture to control regulatory costs through a Commandant Instruction M16475.lD, Regulatory Enforcement Ombudsman budgeting process. This rule has not which guide the Coast Guard in and the Regional Small Business been designated a ‘‘significant complying with the National Regulatory Fairness Boards. The regulatory action,’’ under Executive Environmental Policy Act of 1969 (42 Ombudsman evaluates these actions Order 12866. Accordingly, it has not U.S.C. 4321–4370f), and have annually and rates each agency’s been reviewed by the Office of determined that this action is one of a responsiveness to small business. If you Management and Budget, and pursuant category of actions that do not wish to comment on actions by to OMB guidance it is exempt from the individually or cumulatively have a employees of the Coast Guard, call 1– requirements of Executive Order 13771. significant effect on the human The Coast Guard determined that this 888–REG–FAIR (1–888–734–3247). The environment. This temporary rule rulemaking is not a significant Coast Guard will not retaliate against involves the establishment of seven regulatory action for the following small entities that question or complain temporary safety zones. It is reasons: (1) The enforcement of these about this proposed rule or any policy categorically excluded from further safety zones will be relatively short in or action of the Coast Guard. review under paragraph L60(a) of duration, lasting at most three hours; (2) C. Collection of Information Appendix A, Table 1 of DHS Instruction persons or vessels desiring to enter Manual 023–01–001–01, Rev. 01. A these safety zones may do so with This rule will not call for a new Record of Environmental Consideration permission from the COTP LIS or a collection of information under the (REC) supporting this determination designated representative; (3) these Paperwork Reduction Act of 1995 (44 will be available in the docket where safety zones are designed in a way to U.S.C. 3501–3520). indicated under ADDRESSES. We seek limit impacts on vessel traffic, D. Federalism and Indian Tribal any comments or information that may permitting vessels to navigate in other Governments lead to the discovery of a significant portions of the waterway not designated environmental impact from this rule. A rule has implications for federalism as a safety zone; and (4) the Coast Guard G. Protest Activities will notify the public of the enforcement under Executive Orders 13132, of this rule via appropriate means, such Federalism, if it has a substantial direct The Coast Guard respects the First as via Local Notice to Mariners and effect on the States, on the relationship Amendment rights of protesters. Broadcast Notice to Mariners to increase between the national government and Protesters are asked to contact the public awareness of these safety zones. the States, or on the distribution of person listed in the FOR FURTHER power and responsibilities among the INFORMATION CONTACT section to B. Impact on Small Entities various levels of government. We have coordinate protest activities so that your The Regulatory Flexibility Act of analyzed this rule under that Order and message can be received without 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent jeopardizing the safety or security of requires Federal agencies to consider with the fundamental federalism people, places or vessels. the potential impact of regulations on principles and preemption requirements small entities during rulemaking. The described in Executive Order 13132. List of Subjects in 33 CFR Part 165 term ‘‘small entities’’ comprises small Also, this rule does not have tribal Harbors, Marine safety, Navigation businesses, not-for-profit organizations implications under Executive Order (water), Reporting and recordkeeping that are independently owned and 13175, Consultation and Coordination requirements, Security measures, operated and are not dominant in their with Indian Tribal Governments, Waterways. fields, and governmental jurisdictions because it does not have a substantial For the reasons discussed in the with populations of less than 50,000. direct effect on one or more Indian preamble, the Coast Guard amends 33 The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the CFR part 165 as follows: 605(b) that this rule will not have a Federal Government and Indian tribes. significant economic impact on a If you believe this rule has implications PART 165—REGULATED NAVIGATION substantial number of small entities. for federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS While some owners or operators of contact the person listed in the FOR vessels intending to transit these FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 165 regulated areas may be small entities, above. continues to read as follows:

VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 jbell on DSK3GLQ082PROD with RULES 33166 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; been designated by the Captain of the (3) Any vessel given permission to 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port (COTP) Long Island Sound to act deviate from these regulations must and Department of Homeland Security on his or her behalf. The designated comply with all directions given to Delegation No. 0170.1 representative may be on an official them by the COTP Long Island Sound, ■ 2. Add § 165.T01–0154 to read as patrol vessel or may be on shore and or a designated representative. follows: will communicate with vessels via (4) Any vessel given permission to VHF–FM radio or loudhailer. ‘‘Official § 165.T01–0154 Safety Zones; Marine patrol vessels’’ may consist of any Coast enter or operate in these safety zones Events held in the Captain of the Port Long Guard, Coast Guard Auxiliary, state, or must comply with all directions given to Island Sound Zone. local law enforcement vessels assigned them by the COTP Long Island Sound (a) Location. This section will be or approved by the COTP Long Island or a designated representative. enforced at the locations listed for each Sound. In addition, members of the (5) Upon being hailed by a U.S. Coast event in Table 1 to this section. Coast Guard Auxiliary may be present to Guard vessel by siren, radio, flashing (b) Enforcement period. This rule will inform vessel operators of this light or other means, the operator of the be enforced on the dates and times regulation. vessel shall proceed as directed. listed for each event in Table 1 to this (d) Regulations. (1) The general section. regulations contained in § 165.23 apply. (6) The regulated area for all fireworks (c) Definitions. The following (2) In accordance with the general displays listed in Table 1 to this section definitions apply to this section: A regulations in § 165.23, entry into or is that area of navigable waters within ‘‘designated representative’’ is any Coast movement within these zones is a 1000 foot radius of the launch Guard commissioned, warrant or petty prohibited unless authorized by the platform or launch site for each officer of the U.S. Coast Guard who has COTP Long Island Sound. fireworks display.

TABLE 1 TO § 165.T01–0154

Fireworks Events

1 Riverfest Fireworks ...... • Date: July 13, 2019. • Rain Date: July 14, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Hartford, CT in approxi- mate positions, 41°45′39.93″ N, 072°39′49.14″ W (NAD 83). 2 Masons Island Yacht Club Fireworks ...... • Date: July 6, 2019. • Rain Date: July 7, 2019. • Time: 8:30 p.m. to 10:00 p.m. • Location: Waters of Fishers Island Sound, Noank, CT in approximate position, 41°19′30.61″ N, 071°57′48.22″ W (NAD 83). 3 City of West Haven Fireworks ...... • Date: July 3, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position, 41°15′07″ N, 072°57′26″ W (NAD 83). 4 Madison Fireworks ...... • Date: July 3, 2019. • Rain Date: July 5, 2019. • Time: 9:00 p.m. to 11:00 p.m. • Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position 41°16′03.93″ N, 072°36′15.97″ W (NAD 83). 5 Village of Asharoken Fireworks ...... • Date: July 4, 2019. • Rain Date: July 5, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Northport Bay, Asharoken, NY in approximate position, 40°55′54.04″ N, 073°21′27.97″ W (NAD 83). 6 City of Norwich July Fireworks ...... • Date: July 3, 2019. • Rain Date: July 6, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83). 7 City of Middletown Fireworks ...... • Date: June 29, 2019. • Time: 8:00 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Middletown Harbor, and Middletown, CT in approximate position 41°33′44.47″ N, 072°38′37.88″ W (NAD 83).

VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 9990 E:\FR\FM\12JYR1.SGM 12JYR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 33167

Dated: June 17, 2019. II. Background Information and zone includes all navigable waters K.B. Reed, Regulatory History within 600 feet of the fireworks barge. Captain, U.S. Coast Guard, Captain of the The Coast Guard is issuing this No person or vessel will be permitted to Port Long Island Sound. temporary rule without prior notice and enter, transit through, anchor in, or [FR Doc. 2019–14792 Filed 7–11–19; 8:45 am] opportunity to comment pursuant to remain within the safety zone without obtaining permission from the COTP BILLING CODE 9110–04–P authority under section 4(a) of the Delaware Bay or a designated Administrative Procedure Act (APA) (5 representative. If the COTP Delaware U.S.C. 553(b)). This provision Bay or a designated representative DEPARTMENT OF HOMELAND authorizes an agency to issue a rule grants authorization to enter, transit SECURITY without prior notice and opportunity to through, anchor in, or remain within the comment when the agency for good Coast Guard safety zone, all persons and vessels cause finds that those procedures are receiving such authorization must ‘‘impracticable, unnecessary, or contrary 33 CFR Part 165 comply with the instructions of the to the public interest.’’ Under 5 U.S.C. [Docket Number USCG–2019–0534] COTP Delaware Bay or a designated 553(b)(B), the Coast Guard finds that representative. The Coast Guard will RIN 1625–AA00 good cause exists for not publishing a provide public notice of the safety zone notice of proposed rulemaking (NPRM) by Local Notice to Mariners and Safety Zone; Fireworks Display, Great with respect to this rule because it is Broadcast Notice to Mariners. Egg Harbor Bay, Ocean City, NJ impracticable and contrary to the public interest to do so. There is insufficient V. Regulatory Analyses AGENCY: Coast Guard, DHS. time to allow for a reasonable comment We developed this rule after ACTION: Temporary final rule. period prior to the date of the event. The considering numerous statutes and rule must be in force by July 13, 2019. SUMMARY: The Coast Guard is Executive orders related to rulemaking. We are taking immediate action to establishing a temporary safety zone on Below we summarize our analyses ensure the safety of spectators and the the waters of the Great Egg Harbor Bay based on a number of these statutes and general public from hazards associated in Ocean City, NJ, from 9:30 p.m. to Executive orders and we discuss First with the fireworks display. Hazards 10:30 p.m. on July 13, 2019, during the Amendment rights of protestors. include accidental discharge of Ocean City Nights in Venice fireworks fireworks, dangerous projectiles, and A. Regulatory Planning and Review display. The safety zone is necessary to falling hot embers or other debris. Executive Orders 12866 and 13563 ensure the safety of participant vessels, Under 5 U.S.C. 553(d)(3), the Coast direct agencies to assess the costs and spectators, and the boating public Guard finds that good cause exists for benefits of available regulatory during the event. This regulation making this rule effective less than 30 alternatives and, if regulation is prohibits persons and non-participant days after publication in the Federal necessary, to select regulatory vessels from entering, transiting Register. Delaying the effective date of approaches that maximize net benefits. through, anchoring in, or remaining this rule would be impracticable and Executive Order 13771 directs agencies within the safety zone unless authorized contrary to the public interest because to control regulatory costs through a by the Captain of the Port (COTP) immediate action is needed to mitigate budgeting process. This rule has not Delaware Bay or a designated the potential safety hazards associated been designated a ‘‘significant representative. with a fireworks displays in this regulatory action,’’ under Executive DATES: This rule is effective from 9:30 location by July 13, 2019. Order 12866. Accordingly, the rule has p.m. through 10:30 p.m. on July 13, not been reviewed by the Office of 2019. III. Legal Authority and Need for Rule Management and Budget (OMB), and ADDRESSES: To view documents The Coast Guard is issuing this rule pursuant to OMB guidance it is exempt mentioned in this preamble as being under authority in 46 U.S.C. 70034 from the requirements of Executive available in the docket, go to https:// (previously 33 U.S.C. 1231). The Order 13771. www.regulations.gov, type USCG–2019– Captain of the Port Delaware Bay The impact of this rule is not 0534 in the ‘‘SEARCH’’ box and click (COTP) has determined that potential significant for the following reasons: (1) ‘‘SEARCH.’’ Click on Open Docket hazards associated with this display The enforcement period will last one Folder on the line associated with this will be a safety concern for anyone hour when vessel traffic is usually low; rule. within a 600-foot radius of the barge (2) although persons and vessels may launching the fireworks. The purpose of not enter, transit through, anchor in, or FOR FURTHER INFORMATION CONTACT: If remain within the safety zone without you have questions on this rule, call or this rule is to ensure safety of vessels authorization from the COTP Delaware email Petty Officer Thomas Welker, and the navigable waters in the safety Bay or a designated representative, Sector Delaware Bay, Waterways zone before, during, and after the portions of the channel will remain Management Division, U.S. Coast scheduled event. open. Persons and vessels will be able Guard; telephone (215) 271–4814, email IV. Discussion of the Rule to operate in the surrounding area [email protected]. This rule establishes a temporary during the enforcement period; (3) SUPPLEMENTARY INFORMATION: safety zone on the waters of the Great persons and vessels will still be able to I. Table of Abbreviations Egg Harbor Bay in Ocean City, NJ, enter, transit through, anchor in, or during a fireworks display scheduled to remain within the regulated area if CFR Code of Federal Regulations take place between 9:30 p.m. and 10:30 authorized by the COTP Delaware Bay COTP Captain of the Port DHS Department of Homeland Security p.m. on July 13, 2019. The fireworks or a designated representative; and (4) FR Federal Register will be set off from a barge in the bay, the Coast Guard will provide advance NPRM Notice of proposed rulemaking which will be anchored at approximate notification of the safety zone to the § Section position latitude 39°17′23.65″ N, local maritime community by Local U.S.C. United States Code longitude 074°34′31.29″ W. The safety Notice to Mariners, Broadcast Notice to

VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 jbell on DSK3GLQ082PROD with RULES