Special Local Regulations for Marine Events, Pleasantville Aquatics 15th Annual 5K Open Water Swim, Intracoastal Waterway; Atlantic City, NJ, 33700-33703 [2013-13282]

Download as PDF 33700 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: ■ TKELLEY on DSK3SPTVN1PROD with RULES § 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 VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 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] BILLING CODE 4710–06–P PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 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 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 E:\FR\FM\05JNR1.SGM 05JNR1 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. TKELLEY on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 33701 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 E:\FR\FM\05JNR1.SGM 05JNR1 33702 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 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. TKELLEY on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05JNR1.SGM 05JNR1 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 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: TKELLEY on DSK3SPTVN1PROD with RULES 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 33703 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 05JNR1

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.

-----------------------------------------------------------------------

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 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 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