[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59650-59653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23659]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0855]
RIN 1625-AA00
Safety Zone, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape
May, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing three temporary safety zones
on the waters of the Delaware Bay and North Atlantic Ocean adjacent to
Cape May, New Jersey. The safety zones will restrict vessel traffic on
a portion of the Delaware Bay and North Atlantic Ocean while a Navy
exercise is taking place. These temporary safety zones are necessary to
protect the surrounding public and vessels from the hazards associated
the exercise.
DATES: This rule is effective October 3, 2014 through October 24, 2014
and will be enforced from October 16, 2014 to October 24, 2014 from
6:00 a.m. until 8:00 p.m. each day.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0855]. 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 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 [email protected]. 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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 September 8, 2014, and this exercise is scheduled to take
place from October 16, 2014 to October 24, 2014. Further, allowing this
event to go forward
[[Page 59651]]
without these safety zones in place would expose mariners and the
public to unnecessary dangers associated with this exercise contrary to
the public interest. Vessels transiting or attempting to transit
through these areas may be at risk, and therefore the safety zones are
needed to protect the public from the hazards associated with this
exercise. Therefore, delay in taking action is both impracticable and
contrary to public interest.
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 as any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to provide for the safety of life
and property from the hazards associated with the naval exercise.
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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
From October 16, 2014, until October 24, 2014, a Navy exercise will
take place in a portion of the Delaware Bay and the North Atlantic
Ocean near Cape May, New Jersey. This regulation is necessary because
of the ongoing hazards associated with the exercise. Once operations
are concluded, an informational broadcast will inform mariners that the
saftey zone is no longer being enforced. The Captain of the Port is
establishing this safety zone to ensure the safety of life and property
of all mariners and vessels transiting the local area.
C. Discussion of the Final Rule
To mitigate the risks associated with the Navy exercise, the
Captain of the Port, Sector Delaware Bay will enforce temporary safety
zones in Delaware Bay and the North Atlantic Ocean near Cape May, New
Jersey. The safety zones will encompass two areas within Delaware Bay
and one area in the North Atlantic Ocean.
The first safety zone will encompass all waters of the Delaware
Bay, bounded by a line connecting the following points; latitude
38[deg]54'10'' N, longitude 075[deg]03'12'' W thence north to latitude
39[deg]02'24'' N, longitude 075[deg]02'38'' W thence east to latitude
39[deg]02'24'' N, longitude 075[deg]01'42'' W thence southeast to
latitude 38[deg]54'22'' N, longitude 075[deg]01'18'' W thence west to
point of origin.
The second safety zone will encompass all waters of the Delaware
Bay bounded by a line connecting the following points; latitude
38[deg]54'17'' N, longitude 075[deg]07'50'' W thence northwest to
latitude 39[deg]04'06'' N, longitude 075[deg]13'54'' W thence northeast
to latitude 39[deg]04'39'' N, longitude 074[deg]12'39'' W thence
southeast to latitude 38[deg]55'04'' N, longitude 075[deg]06'38'' W
thence southwest to point of origin.
The third safety zone will encompass a portion of the North
Atlantic Ocean bounded by a line connecting the following points;
latitude 38[deg]49'57'' N, longitude 074[deg]47'41'' W thence northeast
to latitude 38[deg]54'28'' N, longitude 074[deg]43'15'' W thence
southeast to latitude 38[deg]54'11'' N, longitude 074[deg]42'45'' W
thence southwest to latitude 38[deg]49'39'' N, longitude
074[deg]47'10'' W thence northwest to point of origin, off the coast of
Cape May, NJ.
All of the safety zones will be effective and enforced from October
16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day.
Entry into, transiting, or anchoring within the safety zone is
prohibited.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) the Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
this rule will be enforced until the area is deemed safe to transit.
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 may be small entities: the owners or operators of vessels
intending to anchor or transit along a portion of Delaware Bay and
North Atlantic Ocean adjacent to Cape May, New Jersey from October 16,
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day,
unless cancelled earlier by the Captain of the Port once all operations
are completed. Once operations are concluded, an informational
broadcast will inform mariners that the safety zone is no longer being
enforced.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: the zone
is limited in size and duration. Sector Delaware Bay will issue
maritime advisories widely available to users of the Delaware River.
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.
[[Page 59652]]
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 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 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 implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
The zones will temporarily restrict vessel traffic from transiting a
portion of the Delaware Bay and North Atlantic Ocean in vicinity of
Cape May, New Jersey, in order to protect the safety of life and
property on the waters until the exercise is complete. This rule is
categorically excluded from further review under paragraph 34(g) 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 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: 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
0
2. Add temporary Sec. 165.T05-0855 to read as follows
Sec. 165.T05-0855 Safety Zones, Navy Exercise, Delaware Bay and
Atlantic Ocean; Cape May, NJ.
(a) Regulated area. The following areas are safety zones: (1) All
waters of the Delaware Bay, bounded by a line connecting the following
points: s all waters of the Delaware Bay, bounded by a line connecting
the following points; latitude 38[deg]54'10'' N, longitude
075[deg]03'12'' W thence north to latitude 39[deg]02'24'' N, longitude
075[deg]02'38'' W thence east to latitude 39[deg]02'24'' N, longitude
075[deg]01'42'' W thence southeast to latitude 38[deg]54'22'' N,
longitude 075[deg]01'18'' W thence west to point of origin.
(2) All waters of the Delaware Bay bounded by a line connecting the
following points; latitude 38[deg]54'17'' N, longitude 075[deg]07'50''
W thence northwest to latitude 39[deg]04'06'' N, longitude
075[deg]13'54'' W thence northeast to latitude 39[deg]04'39'' N,
longitude 074[deg]12'39'' W thence southeast to latitude 38[deg]55'04''
N, longitude 075[deg]06'38'' W thence southwest to point of origin.
(3) All waters of the North Atlantic Ocean bounded by a line
connecting the following points; latitude 38[deg]49'57'' N, longitude
074[deg]47'41'' W thence northeast to latitude 38[deg]54'28'' N,
longitude 074[deg]43'15'' W thence southeast to latitude 38[deg]54'11''
N, longitude 074[deg]42'45'' W thence southwest to latitude
38[deg]49'39 ''N, longitude 074[deg]47'10'' W thence northwest to point
of origin, off the coast of Cape May, NJ.
(b) Enforcement period. This rule will be enforced from October 16,
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day,
unless cancelled earlier by the Captain of the Port once all operations
are completed.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) This section applies to all vessels wishing to transit through
the Safety
[[Page 59653]]
Zone except vessels that are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(2) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(3) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
(4) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
(5) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
(d) Definitions. The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.
Dated: September 23, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-23659 Filed 10-2-14; 8:45 am]
BILLING CODE 9110-04-P