Special Local Regulations for Marine Events, New Jersey Intracoastal Waterway; Atlantic City, NJ, 48067-48070 [2014-19398]
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Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Rules and Regulations
consider the use of voluntary consensus
standards.
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
No.
Date
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR Part 100, applicable to special local
regulations on the navigable waterways.
This zone will temporarily restrict
vessel traffic from transiting the waters
of Sunset Lake adjacent to Wildwood
Crest, NJ, in order to protect the safety
of life and property on the waters for the
duration of the power boat race. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
Event
docket where indicated under
We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
ADDRESSES.
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
is revised to read as follows:
■
Authority: 33 U.S.C. 1233.
2. In § 100.501, in the Table to
§ 100.501, suspend line No. (a.)9 and
add temporary line No. (a.)18 to read as
follows:
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
*
*
*
*
*
Table to § 100.501
[All coordinates listed in the Table to
§ 100.501 reference Datum NAD 1983]
Sponsor
Location
(a.) Coast Guard Sector Delaware Bay—COTP Zone
18 .......
*
*
September 13, 2014 and
September 14, 2014
*
*
Sunset Lake Hydrofest
*
*
Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
[FR Doc. 2014–19393 Filed 8–14–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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33 CFR Part 100
[Docket Number USCG–2014–0702]
RIN 1625–AA08
Special Local Regulations for Marine
Events, New Jersey Intracoastal
Waterway; Atlantic City, NJ
AGENCY:
*
Sunset Lake
HydrofestAssn.
*
ACTION:
17:08 Aug 14, 2014
Jkt 232001
*
*
All waters of Sunset Lake, New Jersey, from
shoreline to shoreline, south of latitude
38°58′32″ N.
*
Temporary final rule.
The Coast Guard is
temporarily changing the enforcement
date of the special local regulation for
the recurring event known as the
Atlantic City International Triathlon,
held in the waters of the New Jersey
Intracoastal Waterway, adjacent to
Atlantic City, New Jersey. The change of
enforcement date for the special local
regulation is necessary to provide for
the safety of life on navigable waters
during the event. This action will
restrict vessel traffic in the waters of the
New Jersey Intracoastal Waterway
adjacent to Atlantic City, New Jersey,
during the event.
SUMMARY:
This rule is effective August 15,
2014 until September 14, 2014.
DATES:
Coast Guard, DHS.
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*
This rule will be enforced from 6:00
a.m. to 12:00 p.m. on September 14,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0702]. 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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Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Rules and Regulations
email If you have questions on this
temporary rule, call or email Lieutenant
Brennan Dougherty, U.S. Coast Guard,
Sector Delaware Bay, Chief Waterways
Management Division, Coast Guard;
telephone (215) 271–4851, email
Brennan.P.Dougherty@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
B. Basis and Purpose
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
The legal basis and authorities for this
rulemaking establishing a special local
regulation are found in 33 U.S.C. 1233,
which authorize the Coast Guard to
establish and define special local
regulations. The Captain of the Port
Delaware Bay is establishing a special
local regulation for the waters of the
New Jersey Intracoastal Waterway, near
Atlantic City, NJ, to protect event
participants, spectators and transiting
vessels. Entry into this area is
prohibited unless specifically
authorized by the Captain of the Port
Delaware Bay or designated
representative.
A. Regulatory History and Information
C. Discussion of the Final Rule
The regulation for this marine event
may be found at 33 CFR 100.501, Table
to § 100.501, section (a), line ‘‘14’’.
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 immediate
action is needed to minimize potential
danger to the public during the event.
The potential dangers posed by this
triathlon make this change to the special
local regulation necessary to provide for
the safety of participants, spectator craft,
and other vessels transiting the event
area. For the safety concerns noted, it is
in the public interest to have this
regulation in effect during the event.
The Coast Guard will issue broadcast
notice to mariners to advise vessel
operators of navigational restrictions.
On scene Coast Guard and local law
enforcement vessels will also provide
actual notice to mariners.
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,
because immediate action is needed to
ensure the safety of the event. However,
notifications will be made to users of
the affected area near Atlantic City, NJ,
via marine information broadcasts and a
local notice to mariners.
Atlantic City, NJ, sponsors an annual
triathlon usually held on the third
Sunday in September in the waters of
the New Jersey Intracoastal Waterway
adjacent to Atlantic City, New Jersey.
The regulation listing annual marine
events within the Fifth Coast Guard
District and special local regulation
locations is 33 CFR 100.501. The Table
to § 100.501 identifies special local
regulations by COTP zone, with the
COTP Delaware Bay zone listed in
section ‘‘(a.)’’ of the Table. The Table to
§ 100.501, at section (a.) event Number
‘‘14’’, describes the enforcement date
and regulated location for this marine
event.
The date listed in the Table has the
marine event on the third Sunday of
September. However, this temporary
rule changes the marine event date to
September 14, 2014, to reflect the actual
date of the event.
Approximately 2000 people
anticipated to participate in this marine
event. Due to the need for vessel control
during the marine event vessel traffic
will be temporarily restricted to provide
for the safety of participants, spectators
and transiting vessels. Under provisions
of 33 CFR 100.501, during the
enforcement period, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 100.501, section (a) event Number
‘‘14’’, and insert this temporary
regulation at Table to § 100.501, at
section (a.) as event Number ‘‘17’’, in
order to reflect that the safety zone will
be effective and enforced from 6:00 a.m.
until 12:00 p.m. on September 14, 2014.
This change is needed to accommodate
the sponsor’s event plan. No other
portion of the Table to § 100.501 or
other provisions in § 100.501 shall be
affected by this regulation.
SUPPLEMENTARY INFORMATION:
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Table of Acronyms
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The regulated area of this special local
regulation includes All waters of the
New Jersey Intracoastal Waterway (ICW)
bounded by a line connecting the
following points; latitude 39°21′20″ N,
longitude 074°27′18″ W thence
northeast to latitude 39°21′27.47″ N,
longitude 074°27′10.31″ W thence
northeast to latitude 39°21′33″ N,
longitude 074°26′57″ W thence
northwest to latitude 39°21′37″ N,
longitude 074°27′03″ W thence
southwest to latitude 39°21′29.88″ N,
longitude.
During the period of the safety zone,
all persons and vessels will be
prohibited from entering, transiting,
mooring, or remaining within the zone,
unless specifically authorized by the
Captain of the Port Delaware Bay, or her
designated representative. Those
persons authorized to transit through
the safety zone shall abide by and
follow all directions provided by the
Captain of the Port Delaware Bay, or her
designated representative, in order to
ensure they are not disrupting this
marine event. U.S. Coast Guard Sector
Delaware Bay will notify the public by
broadcast notice to mariners at least one
hour prior to the times of enforcement.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation will
restrict access to the regulated area, the
effect of this rule will not be significant
because: (i) The Coast Guard will make
extensive notification of the Safety Zone
to the maritime public via maritime
advisories so mariners can alter their
plans accordingly; (ii) vessels may still
be permitted to transit through the
safety zone with the permission of the
Captain of the Port on a case-by-case
basis; and (iii) this rule will be enforced
for only the duration of the triathlon.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to anchor or transit
along a portion of the New Jersey
Intracoastal Waterway adjacent to
Atlantic City, New Jersey from 6:00 a.m.
to 12:00 p.m. on September 14, 2014,
unless cancelled earlier by the Captain
of the Port once all operations are
completed.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reason: vessel traffic will
be allowed to pass through the zone
with permission of the Coast Guard
Captain of the Port Delaware Bay or her
designated representative and zone is
limited in size and duration. Sector
Delaware Bay will issue maritime
advisories widely available to users of
the Delaware Bay and River.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
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small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such 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
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48069
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
implementation of regulations within 33
CFR Part 100, applicable to special local
regulations on the navigable waterways.
This zone will temporarily restrict
vessel traffic from transiting the waters
of the Atlantic Ocean adjacent to
Atlantic City, NJ, in order to protect the
safety of life and property on the waters
for the duration of the triathlon. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Rules and Regulations
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
■
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
No.
add temporary line No. (a.)17 to read as
follows:
1. The authority citation for part 100
is revised to read as follows:
List of Subjects in 33 CFR Part 100
Authority: 33 U.S.C. 1233.
2. In § 100.501, in the Table to
§ 100.501, suspend lines No. (a.)14 and
■
Date
Event
*
*
*
*
*
Table to § 100.501
[All coordinates listed in the Table to
§ 100.501 reference Datum NAD 1983]
Sponsor
Location
(a.) Coast Guard Sector Delaware Bay—COTP Zone
*
17 ................
*
*
September 14, 2014 .....
*
*
*
Atlantic City International Triathlon.
*
*
Atlantic City, NJ ............
*
Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0659]
4.4 Hornblower Fireworks, Seaport,
East River Safety
Zone.
Safety Zone; Hornblower Fireworks;
East River, New York, NY
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone in the Captain of the Port
(COTP) New York Zone on August 20,
2014. This action is necessary to ensure
the safety of vessels and spectators from
hazards associated with fireworks
displays. During the enforcement
period, no person or vessel may enter
the safety zone without permission from
the COTP or a designated
representative.
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SUMMARY:
The regulations for the marine
event listed in Table 1 to 33 CFR
DATES:
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• Launch site: All
waters of the East
River south of the
Brooklyn Bridge
and north of a line
drawn from the
southwest corner of
Pier 3, Brooklyn, to
the southeast corner of pier 6, Manhattan.
• Date: August 20,
2014
• Time: 8:45 p.m.–
10:00 p.m.
*
All waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line connecting the
following points; latitude 39°21′20″ N, longitude 074°27′18″ W thence northeast to latitude 39°21′27.47″ N, longitude 074°27′10.31″
W thence northeast to latitude 39°21′33″ N,
longitude 074°26′57″ W thence northwest to
latitude 39°21′37″ N, longitude 074°27′03″ W
thence southwest to latitude 39°21′29.88″ N,
longitude.
*
165.160(4.4) will be enforced on August
20, 2014 from 8:45 p.m. through 10 p.m.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Lieutenant Kristopher Kesting,
Coast Guard; telephone 718–354–4154,
email Kristopher.R.Kesting@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone listed
in Table 1 to 33 CFR 165.160(4.4) on the
specified date and time as indicated
below. The final rule establishing this
safety zone was published in the
Federal Register on November 9, 2011
(76 FR 69614).
[FR Doc. 2014–19398 Filed 8–14–14; 8:45 am]
*
*
*
transit through the safety zone may
contact a designated representative via
VHF channel 13 or 16 to request
permission. Vessels may transit outside
the safety zone but may not anchor,
block, loiter in, or impede the transit of
other vessels. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C. 552
(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts. If the COTP
determines that the safety zone need not
be enforced for the full duration stated
in this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the safety zone.
Dated: July 29, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2014–19409 Filed 8–14–14; 8:45 am]
BILLING CODE 9110–04–P
Under the provisions of 33 CFR
165.160, No persons or vessels will be
allowed to enter into, transit through, or
anchor in the safety zone without the
permission of the COTP or a designated
representative. Vessels wishing to
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]]>Agencies
[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Pages 48067-48070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19398]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0702]
RIN 1625-AA08
Special Local Regulations for Marine Events, New Jersey
Intracoastal Waterway; Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the enforcement date
of the special local regulation for the recurring event known as the
Atlantic City International Triathlon, held in the waters of the New
Jersey Intracoastal Waterway, adjacent to Atlantic City, New Jersey.
The change of enforcement date for the special local regulation is
necessary to provide for the safety of life on navigable waters during
the event. This action will restrict vessel traffic in the waters of
the New Jersey Intracoastal Waterway adjacent to Atlantic City, New
Jersey, during the event.
DATES: This rule is effective August 15, 2014 until September 14, 2014.
This rule will be enforced from 6:00 a.m. to 12:00 p.m. on
September 14, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0702]. 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
[[Page 48068]]
email If you have questions on this temporary rule, call or email
Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay,
Chief Waterways Management Division, Coast Guard; telephone (215) 271-
4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The regulation for this marine event may be found at 33 CFR
100.501, Table to Sec. 100.501, section (a), line ``14''.
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 immediate action is needed to minimize
potential danger to the public during the event. The potential dangers
posed by this triathlon make this change to the special local
regulation necessary to provide for the safety of participants,
spectator craft, and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have this
regulation in effect during the event. The Coast Guard will issue
broadcast notice to mariners to advise vessel operators of navigational
restrictions. On scene Coast Guard and local law enforcement vessels
will also provide actual notice to mariners.
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, because immediate action is needed
to ensure the safety of the event. However, notifications will be made
to users of the affected area near Atlantic City, NJ, via marine
information broadcasts and a local notice to mariners.
B. Basis and Purpose
The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations. The
Captain of the Port Delaware Bay is establishing a special local
regulation for the waters of the New Jersey Intracoastal Waterway, near
Atlantic City, NJ, to protect event participants, spectators and
transiting vessels. Entry into this area is prohibited unless
specifically authorized by the Captain of the Port Delaware Bay or
designated representative.
C. Discussion of the Final Rule
Atlantic City, NJ, sponsors an annual triathlon usually held on the
third Sunday in September in the waters of the New Jersey Intracoastal
Waterway adjacent to Atlantic City, New Jersey.
The regulation listing annual marine events within the Fifth Coast
Guard District and special local regulation locations is 33 CFR
100.501. The Table to Sec. 100.501 identifies special local
regulations by COTP zone, with the COTP Delaware Bay zone listed in
section ``(a.)'' of the Table. The Table to Sec. 100.501, at section
(a.) event Number ``14'', describes the enforcement date and regulated
location for this marine event.
The date listed in the Table has the marine event on the third
Sunday of September. However, this temporary rule changes the marine
event date to September 14, 2014, to reflect the actual date of the
event.
Approximately 2000 people anticipated to participate in this marine
event. Due to the need for vessel control during the marine event
vessel traffic will be temporarily restricted to provide for the safety
of participants, spectators and transiting vessels. Under provisions of
33 CFR 100.501, during the enforcement period, vessels may not enter
the regulated area unless they receive permission from the Coast Guard
Patrol Commander.
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 100.501, section (a) event Number ``14'', and insert
this temporary regulation at Table to Sec. 100.501, at section (a.) as
event Number ``17'', in order to reflect that the safety zone will be
effective and enforced from 6:00 a.m. until 12:00 p.m. on September 14,
2014. This change is needed to accommodate the sponsor's event plan. No
other portion of the Table to Sec. 100.501 or other provisions in
Sec. 100.501 shall be affected by this regulation.
The regulated area of this special local regulation includes All
waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line
connecting the following points; latitude 39[deg]21'20'' N, longitude
074[deg]27'18'' W thence northeast to latitude 39[deg]21'27.47'' N,
longitude 074[deg]27'10.31'' W thence northeast to latitude
39[deg]21'33'' N, longitude 074[deg]26'57'' W thence northwest to
latitude 39[deg]21'37'' N, longitude 074[deg]27'03'' W thence southwest
to latitude 39[deg]21'29.88'' N, longitude.
During the period of the safety zone, all persons and vessels will
be prohibited from entering, transiting, mooring, or remaining within
the zone, unless specifically authorized by the Captain of the Port
Delaware Bay, or her designated representative. Those persons
authorized to transit through the safety zone shall abide by and follow
all directions provided by the Captain of the Port Delaware Bay, or her
designated representative, in order to ensure they are not disrupting
this marine event. U.S. Coast Guard Sector Delaware Bay will notify the
public by broadcast notice to mariners at least one hour prior to the
times of enforcement.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to transit through the safety zone with
the permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of the
triathlon.
[[Page 48069]]
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to anchor or transit along a portion of the New Jersey
Intracoastal Waterway adjacent to Atlantic City, New Jersey from 6:00
a.m. to 12:00 p.m. on September 14, 2014, unless cancelled earlier by
the Captain of the Port once all operations are completed.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: vessel
traffic will be allowed to pass through the zone with permission of the
Coast Guard Captain of the Port Delaware Bay or her designated
representative and zone is limited in size and duration. Sector
Delaware Bay will issue maritime advisories widely available to users
of the Delaware Bay and River.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 100, applicable to special local regulations on the navigable
waterways. This zone will temporarily restrict vessel traffic from
transiting the waters of the Atlantic Ocean adjacent to Atlantic City,
NJ, in order to protect the safety of life and property on the waters
for the duration of the triathlon. This rule is categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
[[Page 48070]]
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 is revised to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In Sec. 100.501, in the Table to Sec. 100.501, suspend lines No.
(a.)14 and add temporary line No. (a.)17 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table to Sec. 100.501
[All coordinates listed in the Table to Sec. 100.501 reference Datum
NAD 1983]
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
(a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17............................. September 14, Atlantic City Atlantic City, NJ All waters of the New
2014. International Jersey Intracoastal
Triathlon. Waterway (ICW)
bounded by a line
connecting the
following points;
latitude
39[deg]21[min]20[sec]
N, longitude
074[deg]27[min]18[sec
] W thence northeast
to latitude
39[deg]21[min]27.47[s
ec] N, longitude
074[deg]27[min]10.31[
sec] W thence
northeast to latitude
39[deg]21[min]33[sec]
N, longitude
074[deg]26[min]57[sec
] W thence northwest
to latitude
39[deg]21[min]37[sec]
N, longitude
074[deg]27[min]03[sec
] W thence southwest
to latitude
39[deg]21[min]29.88[s
ec] N, longitude.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-19398 Filed 8-14-14; 8:45 am]
BILLING CODE 9110-04-P
