[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34879-34881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13849]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0305]
RIN 1625-AA08
Special Local Regulations for Marine Events, Atlantic City
Offshore Race, Atlantic Ocean; Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement date
of a special local regulation for one specific recurring marine event
in the Fifth Coast Guard District. This regulation applies to only one
recurring marine event, held on the Atlantic Ocean, offshore of
Atlantic City, New Jersey. The marine event formerly originated on the
third Sunday in July, but now is on the fourth Sunday in June; the
special local regulation is necessary to provide for the safety of life
on navigable waters during the event. This action is intended to
temporarily restrict vessel traffic in a portion of the Atlantic Ocean
near Atlantic City, New Jersey, during the event.
DATES: This rule will be effective on June 23, 2013, only.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0305]. 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 rule,
call or email Lieutenant Corrina Ott, U.S. Coast Guard Sector Delaware
Bay, Chief of Waterways Management Division; telephone 215-271-4902,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The regulation for this marine event is located at 33 CFR 100.501,
Table to Sec. 100.501, section (a.) line 4.
The Coast Guard is issuing this temporary 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 because immediate action is needed to
minimize potential danger to the public during the event. The potential
dangers posed by marine events conducted on the Atlantic Ocean, near
Atlantic City, with other vessel traffic makes a special local
regulation necessary to provide for the safety of participants,
spectator craft and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have this
regulation in effect during the event. In addition, it is impracticable
to provide for a notice and comment period because the Coast Guard
received late notice from the event planner of this change in date. The
Coast Guard will issue broadcast notice to mariners to advise vessel
operators of navigational restrictions. On scene Coast Guard and local
law enforcement vessels will also provide actual notice to mariners.
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. The Coast Guard did not receive
information from the event sponsor early enough to allow 30 days after
publication before making this rule effective. This final rule is
necessary to protect the public and race participants during the
regatta, and therefore, must be effective by the start of the event on
June 23, 2013.
B. Basis and Purpose
Offshore Performance Association sponsors an annual offshore race
held on the third Sunday in July on the waters of the Atlantic Ocean at
Atlantic City, New Jersey.
The regulation listing annual marine events within the Fifth Coast
Guard District and special local regulations locations is 33 CFR
100.501. The Table to Sec. 100.501 identifies special local
regulations by COTP zone, with the COTP Delaware Bay zone listed in
section ``(a.)'' of the Table. The Table to Sec. 100.501, at section
(a.) event Number ``4'' describes the enforcement date and regulated
location for this marine event.
The date listed in the Table has the marine event on the third
Sunday in July. However, this temporary rule changes the marine event
date to the fourth Sunday in June.
A fleet of spectator vessels is anticipated to gather nearby to
view the marine event. Due to the need for vessel control during the
marine event vessel traffic will be temporarily restricted to provide
for the safety of participants, spectators and transiting vessels.
Under provisions of 33 CFR 100.501, during the enforcement period,
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 100.501, section (a.) event Number 4, and insert this
temporary regulation at Table to Sec. 100.501, at section (a.) as
event Number ``14'', in order to reflect that the marine event will be
held on June 23, 2013. This special local regulation will be enforced
from 10 a.m. until 5 p.m.
The regulated area of this special local regulation includes all
the waters of the Atlantic Ocean, adjacent to Atlantic City, New
Jersey, bounded by a line drawn between the following points:
southeasterly from a point along the shoreline at latitude
39[deg]21'50'' N,
[[Page 34880]]
longitude 074[deg]24'37'' W, to latitude 39[deg]20'40'' N, longitude
074[deg]23'50'' W, thence southwesterly to latitude 39[deg]19'33'' N,
longitude 074[deg]26'52'' W, thence northwesterly to a point along the
shoreline at latitude 39[deg]20'43'' N, longitude 074[deg]27'40'' W,
thence northeasterly along the shoreline to latitude 39[deg]21'50'' N,
longitude 074[deg]24'37'' W.
This special local regulation will temporarily restrict general
navigation in the regulated area during the marine event. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the regulated area during the
effective period. The regulated area is needed to control vessel
traffic during the event for the safety of participants and transiting
vessels.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
Although this rule will temporarily restrict vessel traffic from
transiting a portion of the Atlantic Ocean off the shore of Atlantic
City, New Jersey during the specified event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect. Extensive advance notifications will
be made to the maritime community via marine information broadcasts,
local radio stations and area newspapers so mariners can adjust their
plans accordingly. Additionally, this rulemaking changes the regulated
area for the Atlantic Ocean, Atlantic City, Offshore Race for June 23,
2013 only and does not change the permanent regulated area that has
been published in 33 CFR 100.501, Table to Sec. 100.501 at portion
``a'' event Number ``4''. In some cases vessel traffic may be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the Atlantic Ocean, off the shore of Atlantic
City, where marine events are being held. This regulation will not have
a significant impact on a substantial number of small entities because
it will only be in effect from 10 a.m. to 5 p.m. on June 23, 2013 in
the regulated area. The Captain of the Port will ensure that small
entities are able to operate in the regulated area when it is safe to
do so. In some cases, vessels will be able to safely transit around the
regulated area at various times, and, with the permission of the Patrol
Commander, vessels may transit through the regulated area. Before the
enforcement period, the Coast Guard will issue maritime advisories so
mariners can adjust their plans accordingly.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of
[[Page 34881]]
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(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 the establishment of a special local
regulation within 33 CFR Part 100. It is necessary to provide for the
safety of the general public and event participants from potential
hazards associated with the movement of vessels near the event area.
This rule is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are 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 rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
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1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
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2. At Sec. 100.501, further amend the Table to Sec. 100.501, as
revised May 21, 2013 (78 FR 29632), as follows:
0
a. Under ``(a) Coast Guard Sector Delaware Bay--COTP Zone,'' suspend
entry 4.
0
b. Under, ``(a) Coast Guard Sector Delaware Bay--COTP Zone,'' add
temporary entry 16 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
(a.) Coast Guard Sector Delaware Bay--COTP Zone
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No. Date Event Sponsor Location
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* * * * * * *
16................ June--4th Sunday.. OPA Atlantic City Offshore The waters of the Atlantic
Offshore Race. Performance Assn. Ocean, adjacent to Atlantic
(OPA). City, New Jersey, bounded by a
line drawn between the
following points: southeasterly
from a point along the
shoreline at latitude
39[deg]21'50'' N, longitude
074[deg]24'37'' W, to latitude
39[deg]20'40'' N, longitude
074[deg]23'50'' W, thence
southwesterly to latitude
39[deg]19'33'' N, longitude
074[deg]26'52'' W, thence
northwesterly to a point along
the shoreline at latitude
39[deg]20'43'' N, longitude
074[deg]27'40'' W, thence
northeasterly along the
shoreline to latitude
39[deg]21'50'' N, longitude
074[deg]24'37'' W.
* * * * * * *
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Dated: May 3, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2013-13849 Filed 6-10-13; 8:45 am]
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