News Column

USCG Establishes Temporary Safety Zone on Waters of Delaware River for Aquarium Wedding

August 20, 2014



Targeted News Service

WASHINGTON, Aug. 20 -- The U.S. Coast Guard published the following rule in the Federal Register:

Safety Zone, Aquarium Wedding, Delaware River; Camden, NJ

A Rule by the Coast Guard on 08/19/2014

Publication Date: Tuesday, August 19, 2014

Agencies: Coast Guard

Department of Homeland Security

Dates: This rule is effective on September 6, 2014 from 8:30 p.m. to 10:00 p.m.

Effective Date: 09/06/2014

Entry Type: Rule

Action: Temporary final rule.

Document Citation: 79 FR 48980

Page: 48980 -48982 (3 pages)

CFR: 33 CFR 165

Agency/Docket Number: Docket Number USCG-2014-0704

RIN: 1625-AA00

Document Number: 2014-19548

Shorter URL: https://federalregister.gov/a/2014-19548

Action

Temporary Final Rule.

Summary

The Coast Guard is establishing a temporary safety zone on the waters of the Delaware River in Camden, NJ. The safety zone will restrict vessel traffic on a portion of the Delaware River from operating while a fireworks event is taking place. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display.

DATES:

This rule is effective on September 6, 2014 from 8:30 p.m. to 10:00 p.m.

ADDRESSES:

Documents mentioned in this preamble are part of docket [USCG-2014-0704]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the "SEARCH" box and click "SEARCH." Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271-4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

The Coast Guard is issuing this final 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 as publishing an NPRM is impracticable given that the final details for this event were not received by the Coast Guard until July 12, 2014, and this event is scheduled for September 6, 2014. Further, allowing this event to go forward without a safety zone in place would expose mariners and the public to unnecessary dangers associated with fireworks displays contrary to the public interest. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register.

B. Basis and Purpose

The legal basis for the rule is the Coast Guard's authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

On the evening of September 6, 2014, fireworks will be launched from a barge with a fall out zone that covers part of the Delaware River. The Captain of the Port, Sector Delaware Bay, has determined that the Aquarium Wedding Fireworks Display will pose significant risks to the public. The purpose of the rule is to promote public and maritime safety during a fireworks display, and to protect mariners transiting the area from the potential hazards associated with a fireworks display, such as accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris.

C. Discussion of the Final Rule

To mitigate the risks associated with the Aquarium Wedding Fireworks Display, the Captain of the Port, Sector Delaware Bay will enforce a temporary safety zone in the vicinity of the launch site. The safety zone will encompass all waters of the Delaware River within a 130 Yard radius of the fireworks launch platform in approximate position 39degree56'44" N, 075degree08'00" W in Camden, NJ. The safety zone will be effective and enforced from 8:30 p.m. until 10:00 p.m. on September 6, 2014. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Delaware Bay, or her on-scene representative. The Captain of the Port, Sector Delaware Bay, or her on-scene representative may be contacted via VHF channel 16.

[*Federal RegisterVJ 2014-08-19]

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