Special Local Regulations for Marine Events, Atlantic Ocean; Atlantic City, New Jersey, 35236-35239 [2015-15184]
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35236
Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
of all participants and beneficiaries whose
benefits exceed the PBGC-guaranteed amount
would be reduced to the PBGC-guaranteed
amount.
What is PBGC’s multiemployer plan
guarantee?
Federal law sets the maximum that PBGC
may guarantee. For multiemployer plan
benefits, PBGC guarantees a monthly benefit
payment equal to 100 percent of the first $11
of the Plan’s monthly benefit accrual rate,
plus 75 percent of the next $33 of the accrual
rate, times each year of credited service.
PBGC’s maximum guarantee, therefore, is
$35.75 per month times a participant’s years
of credited service.
PBGC guarantees vested pension benefits
payable at normal retirement age, early
retirement benefits, and certain survivor
benefits, if the participant met the eligibility
requirements for a benefit before plan
termination or insolvency. A benefit or
benefit increase that has been in effect for
less than 60 months is not eligible for PBGC’s
guarantee. PBGC also does not guarantee
benefits above the normal retirement benefit,
disability benefits not in pay status, or nonpension benefits, such as health insurance,
life insurance, death benefits, vacation pay,
or severance pay.
How will I know when PBGC has made a
decision on the application for partition?
If PBGC approves the Board of Trustees’
application for partition, PBGC will issue a
notice to affected participants and
beneficiaries whose benefits will be
transferred to the successor plan no later than
14 days after it issues the order of partition.
You may also visit www.pbgc.gov/MPRA for
a list of applications for partition received by
PBGC and the status of those applications.
rmajette on DSK2TPTVN1PROD with RULES
How do I obtain information on the
application for approval to reduce benefits?
The application for approval of the
proposed reduction of benefits will be
publicly available within 30 days after the
Treasury Department receives the
application. See www.treasury.gov for a copy
of the application, instructions on how to
send comments on the application, and how
to contact the Treasury Department for
further information and assistance.
Your Rights To Receive Information About
Your Plan and its Benefits
Your Plan’s Summary Plan Description
(‘‘SPD’’) will include information on the
procedures for claiming benefits, which will
apply to both the original and successor
plans until the Plan provides you a new SPD.
You also have the legal right to request
documents from the original plan to help you
understand the partition and your rights such
as:
• The plan document, trust agreement, and
other documents governing the Plan (e.g.,
collective bargaining agreements);
• The latest SPD and summaries of
material modification;
• The Plan’s Form 5500 annual reports,
including audited financial statements, filed
with the U.S. Department of Labor during the
last six years;
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• The Plan’s annual funding notices for the
last six years;
• Actuarial reports (including reports
submitted in support of the application for
partition) furnished to the Plan within the
last six years;
• The Plan’s current rehabilitation plan,
including contribution schedules; and
• Any quarterly, semi-annual or annual
financial reports prepared for the Plan by an
investment manager, fiduciary or other
advisor and furnished to the Plan within the
last six years.
If your benefits are transferred to the
successor plan, you will be furnished a
successor plan SPD within 120 days of the
partition; and the plan document, trust
agreement, and other documents governing
the successor plan will be available for
review following the partition.
The plan administrator must respond to
your request for these documents within 30
days, and may charge you the cost per page
for the least expensive means of reproducing
documents, but cannot charge more than 25
cents per page. The Plan’s Form 5500 annual
reports are also available free of charge at
https://www.dol.gov/ebsa/5500main.html.
Some of the documents also may be available
for examination, without charge, at the plan
administrator’s office, your worksite, or
union hall.
Plan Contact Information
For more information about this Notice,
you may contact:
[Insert Name of Plan Administrator, address,
email address, and phone number]
PBGC Contact Information
Multiemployer Program Division, PBGC,
1200 K Street NW., Washington, DC
20005–4026
Email: Multiemployerprogram@pbgc.gov
Phone: (202) 326–4000 x6535
PBGC Participant and Plan Sponsor
Advocate Contact Information
Constance Donovan, PBGC, 1200 K Street
NW., Washington, DC 20005–4026
Email: Advocate@pbgc.gov
Phone: (202) 326–4488
Issued in Washington, DC, this 10th day of
June, 2015.
Alice C. Maroni,
Acting Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2015–14930 Filed 6–17–15; 11:15 am]
BILLING CODE 7709–02–P
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0329]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Atlantic Ocean; Atlantic City,
New Jersey
Coast Guard, DHS.
Temporary Final Rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
date of the special local regulation for
the recurring OPA Atlantic City Grand
Prix boat race, held in the waters of the
North Atlantic Ocean, 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
Atlantic Ocean adjacent to Atlantic City,
New Jersey, during the event, from
10:00 a.m. to 6:00 p.m. on June 20, 2015
and June 21, 2015.
DATES: This rule is effective June 20–21,
2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0329]. 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
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:
SUMMARY:
Table of Acronyms
DHS
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The regulation for this recurring
marine event may be found at 33 CFR
100.501, Table to § 100.501, section (a),
line ‘‘4’’. This year, the date is different
than published in the Table, so this
temporary final rule has been issued.
The Coast Guard is issuing this final
rule 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
information about the new date was not
received by the Coast Guard with
sufficient time to publish a Notice of
Proposed Rulemaking.
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 reason: There was
not enough time to publish the final rule
more than thirty days before the event
date.
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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 purpose of this special local
regulation is to provide for the safety of
participants, spectator craft, and other
vessels transiting the event area while
the boat race is occurring.
C. Discussion of Rule
The Coast Guard has previously
published a list of annual marine events
within the Fifth Coast Guard District
and special local regulation locations at
33 CFR 100.501. The Table to § 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 ‘‘4’’, describes the
enforcement date and regulated location
for this marine event.
The date listed in the Table has the
marine event on the fourth Sunday of
June. However, this temporary rule
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changes the marine event date to June
20, 2015 and June 21, 2015, to reflect
the actual date of the event.
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 100.501, section (a) event Number ‘‘4’’,
and insert this temporary regulation at
Table to § 100.501, at section (a.) as
event Number ‘‘15’’, in order to reflect
that the special local regulation will be
effective and enforced from 10:00 a.m.
until 6:00 p.m. on June 20, 2015 and
June 21, 2015. 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.
The regulated area of this special local
regulation includes all the waters of the
North Atlantic Ocean, adjacent to
Atlantic City, New Jersey, bounded by a
line drawn between the following
points: From a point along the shoreline
at latitude 39°21′50″ N, longitude
074°24′37″ W, thence southeasterly to
latitude 39°20′40″ N, longitude
074°23′50″ W, thence southwesterly to
latitude 39°19′33″ N, longitude
074°26′52″ W, thence northwesterly to a
point along the shoreline at latitude
39°20′43″ N, longitude 074°27′40″ W,
thence northeasterly along the shoreline
to point of origin at latitude 39°21′50″
N, longitude 074°24′37″ W.
A fleet of spectator vessels is
anticipated to gather nearby to view the
marine event. Due to the need for vessel
control during the marine event vessel
traffic will be temporarily restricted to
provide for the safety of participants,
spectators and transiting vessels. Under
provisions of 33 CFR 100.501, during
the enforcement period, vessels may not
enter the regulated area unless they
receive permission from the Coast
Guard Patrol Commander.
The Coast Guard may assign an event
patrol, as described in 33 CFR 100.40,
to each regulated event listed in the
table. Additionally, a Patrol Commander
may be assigned to oversee the patrol.
The event patrol and Patrol Commander
may be contacted on VHF–FM Channel
16. During the event, the Coast Guard
Patrol Commander may forbid and
control the movement of all vessels in
the regulated area(s). When hailed or
signaled by an official patrol vessel, a
vessel in these areas shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any vessel participating
in the event, at any time it is deemed
necessary for the protection of life or
property. Coast Guard Sector Delaware
PO 00000
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35237
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 a number 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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this regulation will
restrict access to the regulated area, the
effect of this rule will not be significant
because: (i) The Coast Guard will make
extensive notification of the Special
local regulation to the maritime public
via maritime advisories so mariners can
alter their plans accordingly; (ii) vessels
may still be permitted to transit through
the special local regulation with the
permission of the Captain of the Port on
a case-by-case basis; and (iii) this rule
will be enforced for only the duration of
the boat race.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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 in
the waters of the North Atlantic Ocean,
adjacent to Atlantic City, New Jersey, on
June 20, 2015 and June 21, 2015 from
10:00 a.m. to 6:00 p.m., unless cancelled
earlier by the Captain of the Port.
This special local regulation will not
have a significant economic impact on
a substantial number of small entities
for the following reason: vessel traffic
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Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
will be allowed to transit through the
area with permission of the Coast Guard
Captain of the Port, Delaware Bay, or his
designated representative and the
special local regulation is limited in size
and duration. Sector Delaware Bay will
issue maritime advisories widely
available to all waterway users.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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. 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.
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
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would 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 From
Environmental Health Risks
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
5. Federalism
11. Indian Tribal Governments
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.
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would 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.
6. Protest Activities
This rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
4. Collection of Information
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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 air show. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. A preliminary
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.
12. Energy Effects
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.
consider the use of voluntary consensus
standards.
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This rule does not use technical
standards. Therefore, we did not
Frm 00062
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Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
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.
13. Technical Standards
PO 00000
List of Subjects in 33 CFR Part 100
Sfmt 4700
2. In the Table to § 100.501:
a. Suspend line No. (a.) 4; and
■ b. Add line No. (a.) 15 to read as
follows:
■
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
*
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35239
Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
Number
Date
Event
Sponsor
Location
(a.) Coast Guard Sector Delaware Bay—COTP Zone
15 ................
*
*
June-20, 21th ............... OPA Atlantic City
Grand Prix.
*
*
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0340]
RIN 1625–AA08
Special Local Regulations; Grand
National Drag Boat Races, Atlantic
Intracoastal Waterway; Bucksport, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a special local regulation on
the Atlantic Intracoastal Waterway in
Bucksport, South Carolina during the
Grand National Drag Boat Races, a series
of high-speed boat races. The event will
take place on Saturday, June 20, 2015
and Sunday, June 21, 2015.
Approximately 30 high-speed race boats
are anticipated to participate in the
races. This special local regulation is
necessary to provide for the safety of life
and property on navigable waters of the
United States during the event. This
special local regulation will temporarily
restrict vessel traffic in a portion of the
Atlantic Intracoastal Waterway. Persons
and vessels that are not participating in
the races will be prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port Charleston or a designated
representative.
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SUMMARY:
This rule is effective on June 20
and June 21, 2015. This rule will be
enforced daily from 9 a.m. until 7 p.m.
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*
*
*
*
The waters of the North Atlantic Ocean, adjacent to Atlantic City, New
Jersey, bounded by a line drawn between the following points: From
a point along the shoreline at latitude 39°21′50″ N, longitude
074°24′37″ W, thence southeasterly to latitude 39°20′40″ N, longitude 074°23′50″ W, thence southwesterly to latitude 39°19′33″ N,
longitude 074°26′52″ W, thence northwesterly to a point along the
shoreline at latitude 39°20′43″ N, longitude 074°27′40″ W, thence
northeasterly along the shoreline to point of origin at latitude
39°21′50″ N,. longitude.074°24′37″ W.
*
Documents mentioned in
this preamble are part of docket USCG–
2014–0340. 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
email Chief Warrant Officer Christopher
Ruleman, Sector Charleston Waterways
Management, U.S. Coast Guard;
telephone (843) 740–3184, email
christopher.l.ruleman@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2015–15184 Filed 6–18–15; 8:45 am]
DATES:
*
Offshore Performance
Assn. & New Jersey
Offshore Racing
Assn.
*
Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
ACTION:
*
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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 with
respect to this rule because the Coast
Guard did not receive necessary
PO 00000
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*
*
information about the event until April
23, 2015. As a result, the Coast Guard
did not have sufficient time to publish
a notice of proposed rulemaking and to
receive public comments prior to the
event. Any delay in the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to minimize potential danger to
the race participants, spectators and the
general public.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
special local regulations: 33 U.S.C.
1233. The purpose of the rule is to
ensure safety of life and property on
navigable waters of the United States
during the Grand National Drag Boat
Races.
C. Discussion of Rule
On Saturday, June 20, 2015, and
Sunday, June 21, 2015, the Bucksport
Marina will host Grand National Drag
Boat Races, a series of high-speed boat
races. The event will be held on a
portion of the Atlantic Intracoastal
Waterway in Bucksport, South Carolina.
Approximately 30 high-speed race boats
are anticipated to participate in the
races.
The special local regulation
encompasses certain waters of the
Atlantic Intracoastal Waterway in
Bucksport, South Carolina. The special
local regulation will be enforced daily
from 9 a.m. until 7 p.m. on June 20,
2015 and June 21, 2015. The special
local regulation consists of a regulated
area around vessels participating in the
event. Persons and vessels that are not
participating in the event are prohibited
from entering, transiting through,
anchoring in, or remaining within the
regulated area unless specifically
authorized by the Captain of the Port
Charleston or a designated
representative. Persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
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]]>Agencies
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35236-35239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15184]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0329]
RIN 1625-AA08
Special Local Regulations for Marine Events, Atlantic Ocean;
Atlantic City, New Jersey
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 OPA Atlantic City
Grand Prix boat race, held in the waters of the North Atlantic Ocean,
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 Atlantic Ocean adjacent to Atlantic
City, New Jersey, during the event, from 10:00 a.m. to 6:00 p.m. on
June 20, 2015 and June 21, 2015.
DATES: This rule is effective June 20-21, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0329]. 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 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
[[Page 35237]]
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory History and Information
The regulation for this recurring marine event may be found at 33
CFR 100.501, Table to Sec. 100.501, section (a), line ``4''. This
year, the date is different than published in the Table, so this
temporary final rule has been issued.
The Coast Guard is issuing this final rule 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 information about the new date was
not received by the Coast Guard with sufficient time to publish a
Notice of Proposed Rulemaking.
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 reason: There was not
enough time to publish the final rule more than thirty days before the
event date.
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 purpose of this special local regulation is to provide for the
safety of participants, spectator craft, and other vessels transiting
the event area while the boat race is occurring.
C. Discussion of Rule
The Coast Guard has previously published a list of annual marine
events within the Fifth Coast Guard District and special local
regulation locations at 33 CFR 100.501. The Table to Sec. 100.501
identifies special local regulations by COTP zone, with the COTP
Delaware Bay zone listed in section ``(a.)'' of the Table. The Table to
Sec. 100.501, at section (a.) event Number ``4'', describes the
enforcement date and regulated location for this marine event.
The date listed in the Table has the marine event on the fourth
Sunday of June. However, this temporary rule changes the marine event
date to June 20, 2015 and June 21, 2015, to reflect the actual date of
the event.
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 100.501, section (a) event Number ``4'', and insert this
temporary regulation at Table to Sec. 100.501, at section (a.) as
event Number ``15'', in order to reflect that the special local
regulation will be effective and enforced from 10:00 a.m. until 6:00
p.m. on June 20, 2015 and June 21, 2015. This change is needed to
accommodate the sponsor's event plan. No other portion of the Table to
Sec. 100.501 or other provisions in Sec. 100.501 shall be affected by
this regulation.
The regulated area of this special local regulation includes all
the waters of the North Atlantic Ocean, adjacent to Atlantic City, New
Jersey, bounded by a line drawn between the following points: From a
point along the shoreline at latitude 39[deg]21'50'' N, longitude
074[deg]24'37'' W, thence southeasterly to latitude 39[deg]20'40'' N,
longitude 074[deg]23'50'' W, thence southwesterly to latitude
39[deg]19'33'' N, longitude 074[deg]26'52'' W, thence northwesterly to
a point along the shoreline at latitude 39[deg]20'43'' N, longitude
074[deg]27'40'' W, thence northeasterly along the shoreline to point of
origin at latitude 39[deg]21'50'' N, longitude 074[deg]24'37'' W.
A fleet of spectator vessels is anticipated to gather nearby to
view the marine event. Due to the need for vessel control during the
marine event vessel traffic will be temporarily restricted to provide
for the safety of participants, spectators and transiting vessels.
Under provisions of 33 CFR 100.501, during the enforcement period,
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.
The Coast Guard may assign an event patrol, as described in 33 CFR
100.40, to each regulated event listed in the table. Additionally, a
Patrol Commander may be assigned to oversee the patrol. The event
patrol and Patrol Commander may be contacted on VHF-FM Channel 16.
During the event, the Coast Guard Patrol Commander may forbid and
control the movement of all vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, a vessel in these
areas shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any vessel participating in the event, at
any time it is deemed necessary for the protection of life or property.
Coast Guard Sector Delaware Bay will notify the public by broadcast
notice to mariners at least one hour prior to the times of enforcement.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Special local regulation to the maritime
public via maritime advisories so mariners can alter their plans
accordingly; (ii) vessels may still be permitted to transit through the
special local regulation with the permission of the Captain of the Port
on a case-by-case basis; and (iii) this rule will be enforced for only
the duration of the boat race.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 in the waters of the North Atlantic Ocean, adjacent to
Atlantic City, New Jersey, on June 20, 2015 and June 21, 2015 from
10:00 a.m. to 6:00 p.m., unless cancelled earlier by the Captain of the
Port.
This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reason: vessel traffic
[[Page 35238]]
will be allowed to transit through the area with permission of the
Coast Guard Captain of the Port, Delaware Bay, or his designated
representative and the special local regulation is limited in size and
duration. Sector Delaware Bay will issue maritime advisories widely
available to all waterway users.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule would 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 From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
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 would 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 rule 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 air show. This rule is categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In the Table to Sec. 100.501:
0
a. Suspend line No. (a.) 4; and
0
b. Add line No. (a.) 15 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
[[Page 35239]]
----------------------------------------------------------------------------------------------------------------
Number Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
(a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
15.............. June-20, 21th...... OPA Atlantic City Offshore The waters of the North Atlantic
Grand Prix. Performance Assn. Ocean, adjacent to Atlantic
& New Jersey City, New Jersey, bounded by a
Offshore Racing line drawn between the following
Assn. points: From a point along the
shoreline at latitude
39[deg]21'50'' N, longitude
074[deg]24'37'' W, thence
southeasterly to latitude
39[deg]20'40'' N, longitude
074[deg]23'50'' W, thence
southwesterly to latitude
39[deg]19'33'' N, longitude
074[deg]26'52'' W, thence
northwesterly to a point along
the shoreline at latitude
39[deg]20'43'' N, longitude
074[deg]27'40'' W, thence
northeasterly along the
shoreline to point of origin at
latitude 39[deg]21'50'' N,.
longitude.074[deg]24'37'' W.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-15184 Filed 6-18-15; 8:45 am]
BILLING CODE 9110-04-P
