Special Local Regulations for Marine Events; Manasquan River, Manasquan Inlet and Atlantic Ocean, Point Pleasant Beach to Bay Head, NJ, 40882-40885 [05-13962]
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40882
Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
I
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
table. (The introductory text of the table
is omitted.)
2. In appendix B to part 4022, Rate Set
142, as set forth below, is added to the
Appendix B to Part 4022—Lump Sum
Interest Rates For PBGC Payments
I
*
For plans with a valuation
date
On or after
Rate set
*
142 ....................................
Before
*
9–1–05
2.25
8–1–05
3. In appendix C to part 4022, Rate Set
142, as set forth below, is added to the
table. (The introductory text of the table
is omitted.)
I
*
142 ....................................
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4.00
*
*
*
*
Before
*
*
9–1–05
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4.00
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Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
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8
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry, as set forth below, is added to the
table. (The introductory text of the table
is omitted.)
I
4. The authority citation for part 4044
continues to read as follows:
n1
Deferred annuities
(percent)
2.25
I
*
*
Immediate
annuity rate
(percent)
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
*
Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
For plans with a valuation
date
8–1–05
i2
*
On or after
Rate set
*
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
*
*
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The values of it are:
For valuation dates occurring in the month—
it
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August 2005 ..........................................................................
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Issued in Washington, DC, on this 7th day
of July, 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit
Guaranty Corporation.
[FR Doc. 05–13906 Filed 7–14–05; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 7708–01–P
[CGD05–05–073]
Coast Guard
33 CFR Part 100
RIN 1625–AA08
Special Local Regulations for Marine
Events; Manasquan River, Manasquan
Inlet and Atlantic Ocean, Point
Pleasant Beach to Bay Head, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations for the ‘‘Point Pleasant OPA/
NJ Offshore Grand Prix’’, a marine event
to be held on the waters of the
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Manasquan River, Manasquan Inlet and
Atlantic Ocean between Point Pleasant
Beach and Bay Head, New Jersey. These
special local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in the regulated area during the
event.
DATES: This rule is effective from 9:30
a.m. on August 12, 2005 to 3:30 p.m. on
August 13, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket CGD05–05–
073 and are available for inspection or
copying at Commander (oax), Fifth
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
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Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer George Kirk, Marine
Events Coordinator, Commander, Coast
Guard Sector Delaware Bay, at (609)
677–2215.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be contrary to public
interest. The event will begin on August
12, 2005. Because of the danger posed
by high-speed powerboats racing in a
closed circuit, special local regulations
are necessary to provide for the safety of
event participants, spectator craft and
other vessels transiting the event area.
For the safety concerns noted, it is in
the public interest to have these
regulations in effect during the event.
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. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the regulated area.
However, advance notifications will be
made to affected users of the river via
marine information broadcasts and area
newspapers.
Background and Purpose
On August 12, 2005, the Offshore
Performance Association and the New
Jersey Offshore Racing Association will
sponsor the ‘‘Point Pleasant OPA/NJ
Offshore Grand Prix’’. The event will
consist of approximately 40 offshore
powerboats racing in heats counterclockwise around an oval racecourse on
the waters of the Atlantic Ocean. A fleet
of spectator vessels is expected to gather
in the Atlantic Ocean near the event site
to view the competition. To provide for
the safety of participants, spectators and
other transiting vessels, the Coast Guard
will temporarily restrict vessel traffic in
the event area during the races.
Discussion of Rule
The Coast Guard is establishing
temporary special local regulations on
specified waters of the Manasquan
River, Manasquan Inlet and the Atlantic
Ocean. The temporary special local
regulations will be enforced from 9:30
a.m. until 3:30 p.m. on August 12, 2005.
If the races are postponed due to
weather, then the temporary special
local regulations will be enforced during
the same time period the next day. The
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effect of the temporary special local
regulations will be to restrict general
navigation in the regulated area during
the races. Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
Non-participating vessels will be
allowed to transit the regulated area
between races, when the Coast Guard
Patrol Commander determines it is safe
to do so. These regulations are needed
to control vessel traffic during the event
to enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this temporary final rule to be so
minimal that a full Regulatory
Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents
traffic from transiting a portion of the
Manasquan River, Manasquan Inlet and
the Atlantic Ocean during the event, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via marine information
broadcasts and area newspapers so
mariners can adjust their plans
accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 transit the
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40883
Manasquan River, Manasquan Inlet or
Atlantic Ocean during the event.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be in
effect for only a short period. The Patrol
Commander will allow nonparticipating vessels to transit the event
area between races. Before the
enforcement period, we will issue
maritime advisories so mariners can
adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. 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 address listed under ADDRESSES.
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).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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
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Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations
aggregate, or by the private sector of
$100,000,000 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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
will not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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
and direct effect on one or more Indian
tribes, on the relationship between the
Federal Governments and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
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regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under those
sections. Under figure 2–1, paragraph
(34)(h), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I 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
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
I 2. Add a temporary § 100.35–T05–073
to read as follows:
§ 100.35–T05–073 Manasquan River,
Manasquan Inlet and Atlantic Ocean, Point
Pleasant Beach to Bay Head, NJ.
(a) Regulated area. The regulated area
is established for the waters of the
Manasquan River from the New York
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and Long Branch Railroad to
Manasquan Inlet, together with all
waters of the Atlantic Ocean bounded
by a line drawn from the end of the
South Manasquan Inlet Jetty, easterly to
Manasquan Inlet Lighted Buoy ‘‘2M’’,
then southerly to a position at latitude
40°04′26″ N, longitude 074°01′ 30″ W,
thence westerly to the shoreline. All
coordinates reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Sponsor means an officer or agent
of Offshore Performance Association,
P.O. Box H385, Brick, NJ 08723.
(c) Special local regulations: (1) No
person or vessel may enter or remain in
the regulated area unless participating
in the event or authorized by the
Official Patrol. The Patrol Commander
may intermittently authorize general
navigation to pass through the regulated
area. Notice of these opportunities will
be given via marine safety radio
broadcast on VHF–FM marine band
radio, channel 22 (157.1 MHz).
(2) All persons or vessels not
registered with the sponsor as
participants or not part of the Official
Patrol are considered spectators.
(3) The spectator fleet shall be held in
a spectator anchorage area north of the
regulated area, which shall be marked
by sponsor provided patrol vessels
flying pennants to aid in their
identification.
(4) No vessel shall proceed at a speed
greater than six (6) knots while in
Manasquan Inlet during the effective
period.
(5) All persons and vessels shall
comply with the instructions of the
Official Patrol. The operator of a vessel
in the regulated area shall stop the
vessel immediately when instructed to
do so by the Official Patrol and then
proceed as directed.
(d) Enforcement period. This section
will be enforced from 9:30 a.m. to 3:30
p.m. on August 12, 2005. If the race is
postponed due to weather, then the
temporary special local regulations will
be enforced during the same time period
the next day.
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Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations
Dated: June 26, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–13962 Filed 7–14–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD05–04–035]
RIN 1625–AA00 and 1625–AA01
Anchorage Grounds and Safety Zone;
Delaware River
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard has
established a permanent safety zone and
modified certain anchorages in the area
of the Marcus Hook Range when the
U.S. Army Corps of Engineers (USACE)
conducts its annual dredging
operations. Annual dredging is
necessary to maintain congressionally
authorized channel depths. The safety
zone and anchorage modifications are
necessary to ensure safe vessel transits
during the dredging operations. These
regulations will alter the route of vessels
transiting the channel and requirements
for those vessels wishing to anchor
during the dredging operations.
DATES: This rule is effective August 15,
2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–04–035 and are available
for inspection or copying at Coast Guard
Marine Safety Office Philadelphia, One
Washington Avenue, Philadelphia,
Pennsylvania, 19147 between 8 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Jill Bessetti or
Ensign Otis Barrett, Coast Guard Marine
Safety Office/Group Philadelphia, at
(215) 271–4889.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 15, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Anchorage Grounds
and Safety Zone; Delaware River’’ in the
Federal Register (69 FR 240). We
received one letter commenting on the
proposed rule in reference to the recent
oil spill. Dredging did not occur in
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Jkt 205001
2004, and the comment was unrelated to
the actions of this final rule. No public
meeting was requested, and none was
held.
Background and Purpose
USACE conducts annual dredging
operations on the Delaware River in the
vicinity of the Marcus Hook Range to
maintain the forty-foot Federal
navigation project depth. The dredging
occurs between September 1 and
December 31 of each year.
To reduce the hazards associated with
dredging the channel, vessel traffic that
would normally transit through the
Marcus Hook Range will be diverted
through part of Anchorage 7 during the
dredging operations. Therefore,
additional requirements and restrictions
on the use of Anchorage 7 are necessary.
This final rule also places a
permanent safety zone in waters within
a 150-yard radius around vessels
engaged in dredging operations, and
places additional requirements and
restrictions at Anchorage 7 and
Anchorage 6.
In prior years, the Coast Guard had
established a temporary safety zone
within a 150-yard radius of the dredge
performing dredging operations in
Marcus Hook Range.
This permanent safety zone will
protect mariners transiting the area from
the potential hazards associated with
dredging operations. Vessels transiting
the Marcus Hook Range will have to
divert from the main ship channel
through Anchorage 7 and must operate
at the minimum safe speed necessary to
maintain steerage and reduce wake. No
vessel will be allowed to enter the safety
zone unless it receives permission from
the Captain of the Port or his designated
representative.
Additionally, the Coast Guard has
established vessel requirements on
vessels in the affected anchorages.
Pursuant to 33 CFR 110.157(b)(2)
vessels are allowed to anchor for up to
48 hours in the anchorage grounds
listed in § 110.157(a), which includes
Anchorage 7. However, because of the
limited anchorage space available in
Anchorage 7, the Coast Guard has added
a paragraph in 33 CFR 110.157(b)(11) to
provide additional requirements and
restrictions on vessels utilizing
Anchorage 7 during the USACE
dredging. During the effective period,
vessels desiring to use Marcus Hook
Anchorage (Anchorage 7) must obtain
permission from the Captain of the Port,
Philadelphia, at least 24 hours in
advance. The Captain of the Port will
permit only one vessel at a time to
anchor in Anchorage 7 and will grant
permission on a ‘‘first come, first
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40885
served’’ basis. That vessel will be
directed to a location within Anchorage
7 where it may anchor for a period not
to exceed 12 hours.
The Coast Guard expects that vessels
normally permitted to anchor in
Anchorage 7 will use Anchorage 6 off
Deepwater Point or Anchorage 9 near
the entrance to Mantua Creek, because
they are the next closest anchorage
grounds. To control access to Anchorage
7, the Coast Guard requires a vessel
desiring to anchor in Anchorage 7 to
obtain advance permission from the
Captain of the Port. To control access to
Anchorages 6 and 9, the Coast Guard
requires that any vessel 700 feet or
greater in length to obtain advance
permission from the Captain of the Port
before anchoring.
The Coast Guard is also concerned
that the holding grounds in Anchorages
6 and 9 are not as good as in Anchorage
7. Therefore, a vessel 700 to 750 feet in
length is required to have one tug
standing alongside while at anchor and
a vessel over 750 feet in length will
require two tugs standing alongside. The
tug(s) is/are required to have sufficient
horsepower to prevent the vessel they
are attending from swinging into the
channel.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this final rule requires
certain vessels to have one or two tugs
alongside while at anchor, the
requirement only applies to vessels 700
feet or greater in length that choose to
anchor in Anchorages 6 and 9. Alternate
anchorage grounds such as Anchorage A
(Breakwater & Big Stone Beach) off the
entrance to the Mispillion River and
Anchorage 1 (Bombay Hook) off Bombay
Hook Point in Delaware Bay, are
reasonably close and generally
available. Vessels anchoring in
Breakwater and Big Stone are not
required to have tugs alongside, except
when specifically directed to do so by
the Captain of the Port because of a
specific hazardous condition. The
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]]>Agencies
[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 40882-40885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13962]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-073]
RIN 1625-AA08
Special Local Regulations for Marine Events; Manasquan River,
Manasquan Inlet and Atlantic Ocean, Point Pleasant Beach to Bay Head,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for the ``Point Pleasant OPA/NJ Offshore Grand Prix'', a
marine event to be held on the waters of the Manasquan River, Manasquan
Inlet and Atlantic Ocean between Point Pleasant Beach and Bay Head, New
Jersey. These special local regulations are necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in the regulated area during the
event.
DATES: This rule is effective from 9:30 a.m. on August 12, 2005 to 3:30
p.m. on August 13, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-05-073 and are available for
inspection or copying at Commander (oax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
[[Page 40883]]
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer George Kirk,
Marine Events Coordinator, Commander, Coast Guard Sector Delaware Bay,
at (609) 677-2215.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
contrary to public interest. The event will begin on August 12, 2005.
Because of the danger posed by high-speed powerboats racing in a closed
circuit, special local regulations are necessary to provide for the
safety of event participants, spectator craft and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have these regulations in effect during the event.
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. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the regulated area. However, advance notifications
will be made to affected users of the river via marine information
broadcasts and area newspapers.
Background and Purpose
On August 12, 2005, the Offshore Performance Association and the
New Jersey Offshore Racing Association will sponsor the ``Point
Pleasant OPA/NJ Offshore Grand Prix''. The event will consist of
approximately 40 offshore powerboats racing in heats counter-clockwise
around an oval racecourse on the waters of the Atlantic Ocean. A fleet
of spectator vessels is expected to gather in the Atlantic Ocean near
the event site to view the competition. To provide for the safety of
participants, spectators and other transiting vessels, the Coast Guard
will temporarily restrict vessel traffic in the event area during the
races.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Manasquan River, Manasquan Inlet and the
Atlantic Ocean. The temporary special local regulations will be
enforced from 9:30 a.m. until 3:30 p.m. on August 12, 2005. If the
races are postponed due to weather, then the temporary special local
regulations will be enforced during the same time period the next day.
The effect of the temporary special local regulations will be to
restrict general navigation in the regulated area during the races.
Except for persons or vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area. Non-participating vessels will be allowed to transit the
regulated area between races, when the Coast Guard Patrol Commander
determines it is safe to do so. These regulations are needed to control
vessel traffic during the event to enhance the safety of participants,
spectators and transiting vessels.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the Manasquan River, Manasquan Inlet and the Atlantic Ocean during
the event, the effect of this regulation will not be significant due to
the limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts and area newspapers so
mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
transit the Manasquan River, Manasquan Inlet or Atlantic Ocean during
the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period. The Patrol Commander
will allow non-participating vessels to transit the event area between
races. Before the enforcement period, we will issue maritime advisories
so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 address listed under
ADDRESSES.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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
[[Page 40884]]
aggregate, or by the private sector of $100,000,000 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 will not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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 and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
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, Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 100.35-T05-073 to read as follows:
Sec. 100.35-T05-073 Manasquan River, Manasquan Inlet and Atlantic
Ocean, Point Pleasant Beach to Bay Head, NJ.
(a) Regulated area. The regulated area is established for the
waters of the Manasquan River from the New York and Long Branch
Railroad to Manasquan Inlet, together with all waters of the Atlantic
Ocean bounded by a line drawn from the end of the South Manasquan Inlet
Jetty, easterly to Manasquan Inlet Lighted Buoy ``2M'', then southerly
to a position at latitude 40[deg]04'26'' N, longitude 074[deg]01' 30''
W, thence westerly to the shoreline. All coordinates reference Datum
NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Sponsor means an officer or agent of Offshore Performance
Association, P.O. Box H385, Brick, NJ 08723.
(c) Special local regulations: (1) No person or vessel may enter or
remain in the regulated area unless participating in the event or
authorized by the Official Patrol. The Patrol Commander may
intermittently authorize general navigation to pass through the
regulated area. Notice of these opportunities will be given via marine
safety radio broadcast on VHF-FM marine band radio, channel 22 (157.1
MHz).
(2) All persons or vessels not registered with the sponsor as
participants or not part of the Official Patrol are considered
spectators.
(3) The spectator fleet shall be held in a spectator anchorage area
north of the regulated area, which shall be marked by sponsor provided
patrol vessels flying pennants to aid in their identification.
(4) No vessel shall proceed at a speed greater than six (6) knots
while in Manasquan Inlet during the effective period.
(5) All persons and vessels shall comply with the instructions of
the Official Patrol. The operator of a vessel in the regulated area
shall stop the vessel immediately when instructed to do so by the
Official Patrol and then proceed as directed.
(d) Enforcement period. This section will be enforced from 9:30
a.m. to 3:30 p.m. on August 12, 2005. If the race is postponed due to
weather, then the temporary special local regulations will be enforced
during the same time period the next day.
[[Page 40885]]
Dated: June 26, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-13962 Filed 7-14-05; 8:45 am]
BILLING CODE 4910-15-P
