Special Local Regulations for Marine Events, Pleasantville Aquatics 15th Annual 5K Open Water Swim, Intracoastal Waterway; Atlantic City, NJ, 33700-33703 [2013-13282]
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulation in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Executive Order 13563: Improving
Regulation and Regulatory Review
The Department has considered this
rule in light of Executive Order 13563,
dated January 18, 2011, and affirms that
this regulation is consistent with the
guidance therein.
Paperwork Reduction Act
This rule does not impose information
collection requirements under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
Aliens, Documentation of
nonimmigrants, Foreign officials,
Immigration, Passports and Visas.
For the reasons stated in the
preamble, the Department of State
amends 22 CFR part 41 to read as
follows:
PART 41—[AMENDED]
1. The authority citation for Part 41
continues to read as follows:
■
Authority: 8 U.S.C. 1104; Pub. L. 105–277,
112 Stat. 2681–795 through 2681–801; 8
U.S.C. 1185 note (section 7209 of Pub. L.
108–458, as amended by section 546 of Pub.
L. 109–295).
2. Section 41.22 is amended by
revising paragraphs (a) and (b) to read
as follows:
■
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§ 41.22
Officials of foreign governments.
(a) Criteria for classification of foreign
government officials. (1) An alien is
classifiable A–1 or A–2 under INA
section 101(a)(15)(A) (i) or (ii) if the
principal alien:
(i) Has been accredited by a foreign
government recognized de jure by the
United States;
(ii) Intends to engage solely in official
activities for that foreign government
while in the United States; and
(iii) Has been accepted by the
President, the Secretary of State, or a
consular officer acting on behalf of the
Secretary of State.
(2) A member of the immediate family
of a principal alien is classifiable A–1 or
A–2 under INA section 101(a)(15)(A)(i)
or (ii) if the principal alien is so
classified.
(b) Classification under INA section
101(a)(15)(A). An alien entitled to
classification under INA section
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101(a)(15)(A) shall be classified under
this section even if eligible for another
nonimmigrant classification. An
exception may be made where an
immediate family member classifiable
as A–1 or A–2 under paragraph (a)(2) of
this section is also independently
classifiable as a principal under INA
section 101(a)(15)(G)(i), (ii), (iii), or (iv).
*
*
*
*
*
■ 3. Section 41.24 is amended by
revising paragraph (b) to read as follows:
§ 41.24
International organization aliens.
*
*
*
*
*
(b) Aliens coming to international
organizations. (1) An alien is classifiable
under INA 101(a)(15)(G) if the consular
officer is satisfied that the alien is
within one of the classes described in
that section and seeks to enter or transit
the United States in pursuance of
official duties. If the purpose of the
entry or transit is other than pursuance
of official duties, the alien is not
classifiable under INA section
101(a)(15)(G).
(2) An alien applying for a visa under
the provisions of INA section
101(a)(15)(G) may not be refused solely
on the grounds that the applicant is not
a national of the country whose
government the applicant represents.
(3) An alien seeking to enter the
United States as a foreign government
representative to an international
organization, who is also proceeding to
the United States on official business as
a foreign government official within the
meaning of INA section 101(a)(15)(A),
shall be issued a visa under that section,
if otherwise qualified.
(4) An alien not classified under INA
section 101(a)(15)(A) but entitled to
classification under INA section
101(a)(15)(G) shall be classified under
the latter section, even if also eligible for
another nonimmigrant classification. An
alien classified under INA section
101(a)(15)(G) as an immediate family
member of a principal alien classifiable
G–1 or G–2, G–3 or G–4, may continue
to be so classified even if he or she
obtains employment subsequent to his
or her initial entry into the United
States that would allow classification
under INA section 101(a)(15)(A). Such
alien shall not be classified in a category
other than A or G, even if also eligible
for another nonimmigrant classification.
*
*
*
*
*
Dated: May 2, 2013.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2013–13315 Filed 6–4–13; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0402]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Pleasantville Aquatics 15th
Annual 5K Open Water Swim,
Intracoastal Waterway; Atlantic City,
NJ
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard is
establishing a special local regulation on
the Intracoastal Waterway in Atlantic
City, NJ. This special local regulation
will restrict vessel traffic on a portion of
the Intracoastal Waterway from
operating while a swim event is taking
place. This special local regulation is
necessary to protect the swimmers from
the hazards associated with passing
vessel traffic.
DATES: This rule will be effective from
9 a.m. until 12 noon on June 9, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0402]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Corrina
Ott, Chief Waterways Management,
Sector Delaware Bay, Coast Guard;
telephone (215) 271–4902, email
corrina.ott@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, 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
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations
A. Regulatory History and Information
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 necessary to
provide for the safety of life and
property in the navigable water. In
addition, publishing an NPRM is
impracticable given that the final details
for this event were not received by the
Coast Guard with sufficient time for a
notice and comment period to run
before the start of the event. Thus,
delaying this rule to wait for a notice
and comment period to run would be
impracticable and would be contrary to
the public interest by inhibiting the
Coast Guard’s ability to protect the
swimmers from the hazards associated
with maritime traffic.
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. For the same reasons
discussed in the preceding paragraph, a
30 day notice period would be
impracticable and contrary to the public
interest.
B. Basis and Purpose
On June 9, 2013, swimmers will be in
the waters of the Intracoastal Waterway
for the Pleasantville Aquatics 15th
Annual 5K Open Water Swim. The
Captain of the Port, Sector Delaware
Bay, has determined that this rule is
necessary to ensure safety of life on the
navigable waters of the United States
during the open water swim.
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C. Discussion of Rule
On June 9, 2013, Pleasantville
Aquatics will host a 5K swimming race
between Albany Avenue and Dorset
Avenue bridges. The race will be
conducted in two waves beginning at 9
a.m. A shorter 2K race will also be
conducted in two waves beginning at 11
a.m.
To mitigate the risks associated with
the swim race, the Captain of the Port,
Sector Delaware Bay has established a
special local regulation in the vicinity of
the swim sites. The regulated area will
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encompass all waters shoreline to
shoreline starting at 39° 20′ 31″ N, 74°
28′ 41″ W North to 39° 21′ 52″ N, 74°
26′ 48″ W East to 39° 21′ 51″ N, 74° 26′
43″ W South to 39° 20′ 30″ N, 74° 28′
40″ W West to 39° 20′ 31″ N, 74° 28′ 41″
W. The regulated area will be effective
and enforced from 9 a.m. to 12 p.m. on
June 9, 2013.
Entry into, transiting, or anchoring
within the regulated area is prohibited
unless authorized by the Captain of the
Port, Sector Delaware Bay, or her
representative. The Captain of the Port,
Sector Delaware Bay, or her
representative may be contacted via
VHF channel 16.
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, 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. Although this regulation restricts
vessel traffic from operating within the
safety zone on the navigable waters of
the Intracoastal Waterway, Atlantic City,
NJ, the effect of this regulation will not
be significant due to the limited
duration that the safety zone will be in
effect. The enforcement window will be
for three hours. The race has been
conducted in years past, as this is the
15th annual event, therefore, mariners
should expect this event to occur.
2. Impact on 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 might be small
entities: The owners or operators of
vessels intending to transit or anchor in
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a portion of the Intracoastal Waterway
between 9 a.m. and 12 p.m. on June 9,
2013.
This regulation will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: this rule will only
be enforced for a short period of time.
In addition, this is an annual event that
mariners who frequently navigate these
waters are familiar with. In the event
that this special local regulation affects
shipping, commercial vessels may
request permission from the Captain of
the Port, Sector Delaware Bay, to transit
through regulated area. The Coast Guard
will give notice to the public via a
Broadcast to Mariners that the
regulation is in effect.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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 calls for no 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 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.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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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 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
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.
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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
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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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone for a
duration of less than one week in order
to ensure the safety of swimmers. This
rule is categorically excluded, under
figure 2–1, paragraph 34(h), of the
Instruction because it involves the
establishment of a special local
regulation. An environmental analysis
checklist and a categorical exclusion
determination are not required. 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35T05–0402,
to read as follows:
■
§ 100.35T05–0402 Special Local
Regulations for Marine Events, Pleasantville
Aquatics 15th Annual 5K Open Water Swim,
Intracoastal Waterway; Atlantic City, NJ.
(a) Location. The regulated area will
encompass all waters shoreline to
shoreline starting at 39°20′31″ N,
74°28′41″ W North to 39°21′52″ N,
74°26′48″ W East to 39°21′51″ N,
74°26′43″ W South to 39°20′30″ N,
74°28′40″ W West to 39°20′31″ N,
74°28′41″ W.
(b) Enforcement period. This rule will
be enforced from 9 a.m. until 12 noon
on June 9, 2013.
(c) Regulations. All persons are
required to comply with the general
regulations governing special local
regulations in 33 CFR part 100.
(1) No person or vessel may approach
or remain within 100 yards of any
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swimmer or safety craft within the
regulated area during the enforcement
period of this regulation unless they are
officially participating in the 15th
Annual 5K Open Water Swim event or
are otherwise authorized by the Captain
of the Port Sector Delaware Bay or her
Designated on scene Patrol Commander.
(2) 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.
(3) The Coast Guard Patrol
Commander may delay, modify, or
terminate the event, at any time if it is
deemed necessary for the protection of
life or property.
(4) Only event sponsor designated
participants and official patrol vessels
are allowed to enter the regulated area.
(5) Spectators are allowed inside the
regulated area only if they remain
within a designated spectator area.
Spectators may contact the Coast Guard
Patrol Commander to request
permission to pass through the
regulated area. If permission is granted,
spectators must pass directly through
the regulated area at safe speed and
without loitering.
(6) To seek permission to transit the
regulated area, the Captain of the Port or
her representative can be contacted via
Sector Delaware Bay Command Center
(215) 271–4940 or via VHF radio on
channel 16.
(7) This section applies to all vessels
wishing to transit through the regulated
area except vessels that are engaged in
the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(8) Each person and vessel in the
regulated area shall obey any direction
or order of the Captain of the Port;
(9) The Captain of the Port may take
possession and control of any vessel in
the regulated area;
(10) The Captain of the Port may
remove any person, vessel, article, or
thing from the regulated area;
(11) No person may board, or take or
place any article or thing on board, any
vessel in the regulated area without the
permission of the Captain of the Port;
and
(12) No person may take or place any
article or thing upon any waterfront
facility in the regulated area without the
permission of the Captain of the Port.
(d) Definitions. The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay and the ‘‘on-scene
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representative’’ of the Captain of the
Port, Sector Delaware Bay is 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 regulated by Federal,
State, and local agencies.
Dated: May 20, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port Sector Delaware Bay.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2013–13282 Filed 6–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0268]
RIN 1625–AA00
Safety Zone; Great Western Tube
Float; Colorado River; Parker, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Colorado
River in Parker, Arizona for the Great
Western Tube Float on June 8, 2013.
This temporary safety zone is necessary
to provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: This rule is effective from 8:30
a.m. to 3 p.m. on June 8, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0268]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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
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email Lieutenant John Bannon,
Waterways Management, U.S. Coast
Guard Sector San Diego; telephone (619)
278–7261, email
John.E.Bannon@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
publishing an NPRM would have been
impracticable. The permit application
was not received with enough time
available to publish an NPRM. The
event is scheduled to take place, and as
such, immediate action is necessary to
ensure the safety of vessels, spectators,
participants, and others in the vicinity
of the marine event on the dates and
times this rule will be in effect.
Under 5 U.S.C. 553(d)(3), for the same
reasons mentioned above, 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 impracticable and contrary to
the public interest, since immediate
action is needed to ensure public safety.
B. Basis and Purpose
The legal basis for this temporary rule
is the Ports and Waterways Safety Act,
which authorizes the Coast Guard to
establish safety zones (33 U.S.C.
sections 1221 et seq.). The Parker Area
Chamber of Commerce is sponsoring the
Great Western Tube Float, which is held
on the navigable waters of the Colorado
River in Parker, AZ. This temporary
safety zone is necessary to provide for
the safety of the participants, crew,
spectators, sponsor vessels, and other
vessels and users of the waterway. This
event involves people floating down the
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river on inflatable rafts, inner tubes and
floating platforms. The size of vessels
used will vary in length. Approximately
5,000 people are expected to participate
in this event. The sponsor will provide
16 patrol and rescue boats to help
facilitate the event and ensure public
safety.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced from
8:30 a.m. to 3 p.m. on June 8, 2013. The
limits of the safety zone will include all
navigable waters of the Colorado River
from La Paz County Park to the Blue
Water Resort & Casino. The safety zone
is necessary to provide for the safety of
participants, crew, rescue personnel,
and other users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring within the safety zone unless
authorized by the Captain of the Port, or
his designated representative.
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 and 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. This determination is based on
the size and location of the safety zone.
The safety zone will encompass the
entire width of the river from La Paz
County Park to the Blue Water Resort &
Casino. However, vessels may transit
through the safety zone if they request
and receive permission from the Captain
of the Port or his designated
representative.
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
E:\FR\FM\05JNR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33700-33703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13282]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0402]
RIN 1625-AA08
Special Local Regulations for Marine Events, Pleasantville
Aquatics 15th Annual 5K Open Water Swim, Intracoastal Waterway;
Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the Intracoastal Waterway in Atlantic City, NJ. This special local
regulation will restrict vessel traffic on a portion of the
Intracoastal Waterway from operating while a swim event is taking
place. This special local regulation is necessary to protect the
swimmers from the hazards associated with passing vessel traffic.
DATES: This rule will be effective from 9 a.m. until 12 noon on June 9,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0402]. To view documents mentioned in this preamble as being
available in the docket, go to https://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 Corrina Ott, Chief Waterways
Management, Sector Delaware Bay, Coast Guard; telephone (215) 271-4902,
email corrina.ott@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
[[Page 33701]]
A. Regulatory History and Information
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 necessary to
provide for the safety of life and property in the navigable water. In
addition, publishing an NPRM is impracticable given that the final
details for this event were not received by the Coast Guard with
sufficient time for a notice and comment period to run before the start
of the event. Thus, delaying this rule to wait for a notice and comment
period to run would be impracticable and would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect the
swimmers from the hazards associated with maritime traffic.
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. For the same reasons discussed in
the preceding paragraph, a 30 day notice period would be impracticable
and contrary to the public interest.
B. Basis and Purpose
On June 9, 2013, swimmers will be in the waters of the Intracoastal
Waterway for the Pleasantville Aquatics 15th Annual 5K Open Water Swim.
The Captain of the Port, Sector Delaware Bay, has determined that this
rule is necessary to ensure safety of life on the navigable waters of
the United States during the open water swim.
C. Discussion of Rule
On June 9, 2013, Pleasantville Aquatics will host a 5K swimming
race between Albany Avenue and Dorset Avenue bridges. The race will be
conducted in two waves beginning at 9 a.m. A shorter 2K race will also
be conducted in two waves beginning at 11 a.m.
To mitigate the risks associated with the swim race, the Captain of
the Port, Sector Delaware Bay has established a special local
regulation in the vicinity of the swim sites. The regulated area will
encompass all waters shoreline to shoreline starting at 39[deg] 20'
31'' N, 74[deg] 28' 41'' W North to 39[deg] 21' 52'' N, 74[deg] 26'
48'' W East to 39[deg] 21' 51'' N, 74[deg] 26' 43'' W South to 39[deg]
20' 30'' N, 74[deg] 28' 40'' W West to 39[deg] 20' 31'' N, 74[deg] 28'
41'' W. The regulated area will be effective and enforced from 9 a.m.
to 12 p.m. on June 9, 2013.
Entry into, transiting, or anchoring within the regulated area is
prohibited unless authorized by the Captain of the Port, Sector
Delaware Bay, or her representative. The Captain of the Port, Sector
Delaware Bay, or her representative may be contacted via VHF channel
16.
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, 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. Although this regulation restricts vessel
traffic from operating within the safety zone on the navigable waters
of the Intracoastal Waterway, Atlantic City, NJ, the effect of this
regulation will not be significant due to the limited duration that the
safety zone will be in effect. The enforcement window will be for three
hours. The race has been conducted in years past, as this is the 15th
annual event, therefore, mariners should expect this event to occur.
2. Impact on 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
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the Intracoastal Waterway between
9 a.m. and 12 p.m. on June 9, 2013.
This regulation will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will only be enforced for a short period of time. In addition,
this is an annual event that mariners who frequently navigate these
waters are familiar with. In the event that this special local
regulation affects shipping, commercial vessels may request permission
from the Captain of the Port, Sector Delaware Bay, to transit through
regulated area. The Coast Guard will give notice to the public via a
Broadcast to Mariners that the regulation is in effect.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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 calls for no 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 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.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 33702]]
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 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 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the establishment of a safety zone for a duration of
less than one week in order to ensure the safety of swimmers. This rule
is categorically excluded, under figure 2-1, paragraph 34(h), of the
Instruction because it involves the establishment of a special local
regulation. An environmental analysis checklist and a categorical
exclusion determination are not required. 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add temporary Sec. 100.35T05-0402, to read as follows:
Sec. 100.35T05-0402 Special Local Regulations for Marine Events,
Pleasantville Aquatics 15th Annual 5K Open Water Swim, Intracoastal
Waterway; Atlantic City, NJ.
(a) Location. The regulated area will encompass all waters
shoreline to shoreline starting at 39[deg]20'31'' N, 74[deg]28'41'' W
North to 39[deg]21'52'' N, 74[deg]26'48'' W East to 39[deg]21'51'' N,
74[deg]26'43'' W South to 39[deg]20'30'' N, 74[deg]28'40'' W West to
39[deg]20'31'' N, 74[deg]28'41'' W.
(b) Enforcement period. This rule will be enforced from 9 a.m.
until 12 noon on June 9, 2013.
(c) Regulations. All persons are required to comply with the
general regulations governing special local regulations in 33 CFR part
100.
(1) No person or vessel may approach or remain within 100 yards of
any swimmer or safety craft within the regulated area during the
enforcement period of this regulation unless they are officially
participating in the 15th Annual 5K Open Water Swim event or are
otherwise authorized by the Captain of the Port Sector Delaware Bay or
her Designated on scene Patrol Commander.
(2) 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.
(3) The Coast Guard Patrol Commander may delay, modify, or
terminate the event, at any time if it is deemed necessary for the
protection of life or property.
(4) Only event sponsor designated participants and official patrol
vessels are allowed to enter the regulated area.
(5) Spectators are allowed inside the regulated area only if they
remain within a designated spectator area. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at safe speed and without loitering.
(6) To seek permission to transit the regulated area, the Captain
of the Port or her representative can be contacted via Sector Delaware
Bay Command Center (215) 271-4940 or via VHF radio on channel 16.
(7) This section applies to all vessels wishing to transit through
the regulated area except vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(8) Each person and vessel in the regulated area shall obey any
direction or order of the Captain of the Port;
(9) The Captain of the Port may take possession and control of any
vessel in the regulated area;
(10) The Captain of the Port may remove any person, vessel,
article, or thing from the regulated area;
(11) No person may board, or take or place any article or thing on
board, any vessel in the regulated area without the permission of the
Captain of the Port; and
(12) No person may take or place any article or thing upon any
waterfront facility in the regulated area without the permission of the
Captain of the Port.
(d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay and the ``on-scene
[[Page 33703]]
representative'' of the Captain of the Port, Sector Delaware Bay is 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 regulated by Federal, State, and local agencies.
Dated: May 20, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. 2013-13282 Filed 6-4-13; 8:45 am]
BILLING CODE 9110-04-P
