[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38394-38397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16504]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0328]
RIN 1625-AA08
Special Local Regulations For Marine Events, Manasquan River;
Seaside Park, New Jersey
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement date
of the special local regulation for the recurring New Jersey Offshore
Grand Prix, held in the waters of the Manasquan River and Atlantic
Ocean, near Seaside Park, New Jersey. The change of enforcement date
for the special local regulation is necessary to provide for the safety
of life on navigable waters during the event. This action will restrict
vessel traffic in the waters of the Manasquan River and Atlantic Ocean
near Seaside Park, New Jersey, from 10:00 a.m. to 5:00 p.m. on July 9,
2015, and July 10, 2015.
DATES: This rule is effective from July 9 to July 30, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-
[[Page 38395]]
2015-0328]. 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 [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
COTP Captain of the Port
A. Regulatory History and Information
The regulation for this recurring marine event may be found at 33
CFR 100.501, Table to Sec. 100.501, section (a), line ``7''. This
year, the date is different than published in the Table, so this
temporary final rule has been issued.
The Coast Guard is issuing this final rule after publication of
NPRM USCG-2015-0328 (80 FR 35281) which received no comments.
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 because information about the new
date was not received by the Coast Guard with sufficient time to make
the Final Rule effective 30 days after publication in the Federal
Register while also allowing for an opportunity to comment on the
proposed rule.
B. Basis and Purpose
The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorizes
the Coast Guard to establish and define special local regulations.
The purpose of this special local regulation is to provide for the
safety of participants, spectator craft, and other vessels transiting
the event area while the Grand Prix is occurring.
C. Discussion of the Final Rule
The Coast Guard has previously published a list of annual marine
events within the Fifth Coast Guard District and special local
regulation locations at 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 ``7'', describes the
enforcement date and regulated location for this marine event.
The date listed in the Table has the marine event on the third
Wednesday and Thursday of July. However, this temporary rule changes
the marine event date to July 9, 2015 and July 10, 2015, to reflect the
actual date of the event for this year.
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 100.501, section (a) event Number ``7'', and insert this
temporary regulation at Table to Sec. 100.501, at section (a.) as
event Number ``15'', in order to reflect that the special local
regulation will be effective and enforced from 10:00 a.m. until 5:00
p.m. on July 9, 2015 and July 10, 2015. This change is needed to
accommodate the sponsor's event plan. No other portion of the Table to
Sec. 100.501 or other provisions in Sec. 100.501 shall be affected by
this regulation.
The regulated area of this special local regulation includes all
the waters of the Manasquan River from the New York and Long Branch
Railroad Bridge to Manasquan Inlet, together with all of the navigable
waters of the United States from Asbury Park, New Jersey, latitude
40[deg]14'00'' N.; southward to Seaside Park, New Jersey latitude
39[deg]55'00'' N., from the New Jersey shoreline seaward to the limits
of the Territorial Sea as defined in 33 CFR 2.22.
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.
The Coast Guard may assign an event patrol, as described in 33 CFR
100.40, to each regulated event listed in the table. Additionally, a
Patrol Commander may be assigned to oversee the patrol. The event
patrol and Patrol Commander may be contacted on VHF-FM Channel 16.
During the event, the Coast Guard Patrol Commander may forbid and
control the movement of all vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, a vessel in these
areas shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any vessel participating in the event, at
any time it is deemed necessary for the protection of life or property.
Coast Guard Sector Delaware Bay will notify the public by broadcast
notice to mariners at least one hour prior to the times of enforcement.
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 Special Local Regulation to the maritime
public via maritime advisories so mariners can alter their plans
accordingly; (ii) vessels may still be permitted to transit through the
Special Local Regulation with the permission of the Captain of the Port
on a case-by-case basis; and (iii) this rule will be enforced for only
the duration of the boat race.
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 received no comments from the Small Business
Administration
[[Page 38396]]
on this rule. 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 Manasquan River and
Inlet, as well as the New Jersey shore from Ashbury Park and Seaside
Park, New Jersey to the Territorial seas, on July 9, 2015 and July 10,
2015 from 10:00 a.m. to 5:00 p.m., unless cancelled earlier by the
Captain of the Port.
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 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 100, applicable to Special Local Regulations on the navigable
waterways. This zone will temporarily restrict vessel traffic from
transiting the Manasquan River in the vicinity of Asbury Park, NJ, in
order to protect the safety of life and property on the waters for the
duration of the boat race. 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
Harbors, 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In the Table to Sec. 100.501, suspend line No. (a.)7; and
0
3. Add line No. (a.)15 to the Table to Sec. 100.501 to read as
follows:
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[[Page 38397]]
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No. Date Event Sponsor Location
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(a.) Coast Guard Sector Delaware Bay--COTP Zone
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15........... July 9th10th....... New Jersey Offshore Offshore The waters of the Manasquan River
Grand Prix. Performance Assn. from the New York and Long Branch
& New Jersey Railroad Bridge to Manasquan
Offshore Racing Inlet, together- with all of the
Assn. navigable waters of the United
States from Asbury Park, New
Jersey, latitude 40[deg]14'00''
N; southward to Seaside Park, New
Jersey latitude 39[deg]55'00'' N,
from the New Jersey shoreline
seaward to the limits of the
Territorial Sea. The race course
area extends from Asbury Park to
Seaside Park from the shoreline,
seaward to a distance of 8.4
nautical miles.
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Dated: June 30, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-16504 Filed 7-2-15; 8:45 am]
BILLING CODE 9110-04-P