Special Local Regulations For Marine Events, Manasquan River; Seaside Park, New Jersey, 38394-38397 [2015-16504]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38394-38397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16504]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0328]
RIN 1625-AA08


Special Local Regulations For Marine Events, Manasquan River; 
Seaside Park, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation for the recurring New Jersey Offshore 
Grand Prix, held in the waters of the Manasquan River and Atlantic 
Ocean, near Seaside Park, 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 Manasquan River and Atlantic Ocean 
near Seaside Park, New Jersey, from 10:00 a.m. to 5:00 p.m. on July 9, 
2015, and July 10, 2015.

DATES: This rule is effective from July 9 to July 30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-

[[Page 38395]]

2015-0328]. To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant 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
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 ``7''. 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 after publication of 
NPRM USCG-2015-0328 (80 FR 35281) which received no comments.
    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 because information about the new 
date was not received by the Coast Guard with sufficient time to make 
the Final Rule effective 30 days after publication in the Federal 
Register while also allowing for an opportunity to comment on the 
proposed rule.

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 authorizes 
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 Grand Prix is occurring.

C. Discussion of the Final 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 ``7'', describes the 
enforcement date and regulated location for this marine event.
    The date listed in the Table has the marine event on the third 
Wednesday and Thursday of July. However, this temporary rule changes 
the marine event date to July 9, 2015 and July 10, 2015, to reflect the 
actual date of the event for this year.
    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  100.501, section (a) event Number ``7'', 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 5:00 
p.m. on July 9, 2015 and July 10, 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 Manasquan River from the New York and Long Branch 
Railroad Bridge to Manasquan Inlet, together with all of the navigable 
waters of the United States from Asbury Park, New Jersey, latitude 
40[deg]14'00'' N.; southward to Seaside Park, New Jersey latitude 
39[deg]55'00'' N., from the New Jersey shoreline seaward to the limits 
of the Territorial Sea as defined in 33 CFR 2.22.
    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 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 received no comments from the Small Business 
Administration

[[Page 38396]]

on this rule. 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 Manasquan River and 
Inlet, as well as the New Jersey shore from Ashbury Park and Seaside 
Park, New Jersey to the Territorial seas, on July 9, 2015 and July 10, 
2015 from 10:00 a.m. to 5:00 p.m., unless cancelled earlier by the 
Captain of the Port.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 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 Manasquan River in the vicinity of Asbury Park, NJ, in 
order to protect the safety of life and property on the waters for the 
duration of the 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 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

    Harbors, 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. In the Table to Sec.  100.501, suspend line No. (a.)7; and
0
3. Add line No. (a.)15 to the Table to Sec.  100.501 to read as 
follows:
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[[Page 38397]]



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     No.               Date                Event               Sponsor                     Location
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                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
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15...........  July 9th10th.......  New Jersey Offshore  Offshore             The waters of the Manasquan River
                                     Grand Prix.          Performance Assn.    from the New York and Long Branch
                                                          & New Jersey         Railroad Bridge to Manasquan
                                                          Offshore Racing      Inlet, together- with all of the
                                                          Assn.                navigable waters of the United
                                                                               States from Asbury Park, New
                                                                               Jersey, latitude 40[deg]14'00''
                                                                               N; southward to Seaside Park, New
                                                                               Jersey latitude 39[deg]55'00'' N,
                                                                               from the New Jersey shoreline
                                                                               seaward to the limits of the
                                                                               Territorial Sea. The race course
                                                                               area extends from Asbury Park to
                                                                               Seaside Park from the shoreline,
                                                                               seaward to a distance of 8.4
                                                                               nautical miles.
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    Dated: June 30, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-16504 Filed 7-2-15; 8:45 am]
 BILLING CODE 9110-04-P