Special Local Regulation; Manasquan Inlet, Manasquan, NJ, 49024-49026 [2018-21202]
Download as PDF
49024
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
matter of the withdrawn proposed rules,
you may review the Agency’s website
(https://www.fda.gov) for any current
information on the matter.
Dated: September 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–21133 Filed 9–27–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0883]
RIN 1625–AA08
Special Local Regulation; Manasquan
Inlet, Manasquan, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary special local
regulation for certain waters of the
Manasquan Inlet between Manasquan,
NJ, and Point Pleasant Beach, NJ. This
action is necessary to protect event
participants, spectators, and vessels
transiting the area from potential
hazards during the Manasquan Inlet
Intercoastal Tug marine event. During
the enforcement period, unauthorized
persons or vessels would be prohibited
from entering into, remaining within,
transiting through, or anchoring in the
regulated area unless authorized by the
Captain of the Port Delaware Bay or a
designated representative of the Captain
of the Port. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before October 5, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0883 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Petty Officer
Thomas Welker, U.S. Coast Guard;
Sector Delaware Bay, Waterways
Management Division; telephone (215)
271–4814, email Thomas.J.Welker@
uscg.mil.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Manasquan Beach and Recreation
Department notified the Coast Guard
that it will be conducting a tug of war
event from 11 a.m. to 1:30 p.m. on
October 20, 2018. The tug of war will
consist of teams on opposing sides of
the Manasquan Inlet with a rope
extended between the sides. The event
will span the entire width of the inlet.
Vessel operation in the area of the event
could be hazardous to both event
participants and vessels. The Captain of
the Port Delaware Bay (COTP) has
determined that a safety concern exists
for non-participant vessels within 400
feet of the tug of war rope.
The purpose of this rulemaking is to
ensure the safety of participants and
vessels transiting the regulated area
during the event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary special local regulation to be
in effect from 11 a.m. to 1:30 p.m. on
October 20, 2018. The regulated area
would cover all waters within 400 feet
of the event located between
approximate locations 40°6′9.22″ N,
74°2′7.8″ W and 40°6′9.22″ N, 74°2′8.2″
W. During the event, the inlet would be
closed to all non-participant vessel
traffic. There is a 30-minute break
tentatively planned for midway through
the event. If circumstances permit,
during the break the rope will be
removed from navigable waters and
vessels may be allowed to transit
through the area at the discretion of the
COTP or COTP’s designated
representative. The regulation is
intended to ensure the safety of event
participants and vessels during the
scheduled 11 a.m. to 1:30 p.m. tug of
war event. No vessel or person would be
permitted to enter the regulated area
without obtaining permission from the
COTP or a designated representative of
the Captain of the Port. The regulatory
text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the regulated area. While
this regulated area would impact a
designated area of the Manasquan River
Inlet for 2 and 1⁄2 hours, the event
sponsor has organized a 30 minute time
period during the event where vessels
would be able to transit through the
inlet. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone
during the 30 minute time period during
the event.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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
E:\FR\FM\28SEP1.SGM
28SEP1
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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 section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
amozie on DSK3GDR082PROD with PROPOSALS1
D. Federalism and 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 proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves a regulated area lasting 2 and
1⁄2 hours that would prohibit entry
within 400 feet of a tug of war event
across an inlet. Normally such actions
are categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is 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 proposed rule.
G. 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
49025
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Maritime safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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; 33 CFR
1.05–1.
2. Add § 100.T05–0883 to read as
follows.
■
§ 100.T05–0883 Special Local Regulation;
Manasquan River; Manasquan, NJ.
(a) Location. The following area is a
regulated area: All waters of the
Manasquan River within the Manasquan
Inlet within 400 feet of the event located
between approximate locations
40°6′9.22″ N, 74°2′7.8″ W and 40°6′9.22″
N, 74°2′8.2″ W. All coordinates are
based on World Geodetic System 1984.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port Delaware Bay (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering into, remaining
within, transiting through, or anchoring
in the regulated area unless authorized
by the COTP or the COTP’s designated
representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s designated representative
E:\FR\FM\28SEP1.SGM
28SEP1
49026
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
via VHF–FM channel 16 or by telephone
at 215–271–4807.
(3) If authorization to enter into,
remain within, transit through, or
anchor in the regulated area is granted,
all persons and vessels receiving such
authorization shall comply with the
instructions of the COTP or the COTP’s
designated representative.
(4) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Marines, or by on-scene designated
representatives.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
federal, state, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately 11
a.m. through 1:30 p.m. on October 20,
2018.
K.A. Clarke,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
[FR Doc. 2018–21202 Filed 9–27–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0711]
RIN 1625–AA00
Safety Zone; Delaware River; Penn’s
Landing; Philadelphia, PA; Fireworks
Display
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on a
portion of the Delaware River in
Philadelphia, PA. This action is
necessary to protect the surrounding
public and vessels on these navigable
waters adjacent to Penn’s Landing,
Philadelphia, PA, during a fireworks
display on October 19, 2018. This
proposed rulemaking would prohibit
persons and vessels from entering,
transiting, or remaining within the
safety zone unless authorized by the
Captain of the Port Delaware Bay or a
designated representative. We invite
your comments on this proposed
rulemaking.
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before October 5, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
DATES:
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
2018–0711 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Petty Officer
Thomas Welker, U.S. Coast Guard,
Sector Delaware Bay, Waterways
Management Division; telephone 215–
271–4814, email Thomas.j.welker@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On June 18, 2018, a wedding party
notified the Coast Guard that it will be
conducting a fireworks display from
11:15 p.m. to 11:45 p.m. on October 19,
2018. The fireworks are to be launched
from a barge in the Delaware River
adjacent to Penn’s Landing in
Philadelphia, PA. Hazards from
firework display include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Delaware Bay (COTP) has determined
that potential hazards associated with
the fireworks to be used in this display
would be a safety concern for anyone
within a 500-foot radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 500-foot
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 11:00 p.m. through
11:59 p.m. on October 19, 2018. The
safety zone would cover all navigable
waters within 500 feet of a fireworks
barge in the Delaware River adjacent to
Penn’s Landing in Philadelphia, PA.
The barge will be anchored in
approximate position 39°57′05.26″ N
Latitude 075°08′10.85″ W Longitude.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 11:15 p.m. to 11:45
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
p.m. fireworks display. No vessel or
person would be permitted to enter,
transit, or remain within the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the Delaware River for one hour during
the evening when vessel traffic is
normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
E:\FR\FM\28SEP1.SGM
28SEP1
Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49024-49026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21202]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0883]
RIN 1625-AA08
Special Local Regulation; Manasquan Inlet, Manasquan, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for certain waters of the Manasquan Inlet between
Manasquan, NJ, and Point Pleasant Beach, NJ. This action is necessary
to protect event participants, spectators, and vessels transiting the
area from potential hazards during the Manasquan Inlet Intercoastal Tug
marine event. During the enforcement period, unauthorized persons or
vessels would be prohibited from entering into, remaining within,
transiting through, or anchoring in the regulated area unless
authorized by the Captain of the Port Delaware Bay or a designated
representative of the Captain of the Port. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 5, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0883 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Thomas Welker, U.S.
Coast Guard; Sector Delaware Bay, Waterways Management Division;
telephone (215) 271-4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Manasquan Beach and Recreation Department notified the Coast
Guard that it will be conducting a tug of war event from 11 a.m. to
1:30 p.m. on October 20, 2018. The tug of war will consist of teams on
opposing sides of the Manasquan Inlet with a rope extended between the
sides. The event will span the entire width of the inlet. Vessel
operation in the area of the event could be hazardous to both event
participants and vessels. The Captain of the Port Delaware Bay (COTP)
has determined that a safety concern exists for non-participant vessels
within 400 feet of the tug of war rope.
The purpose of this rulemaking is to ensure the safety of
participants and vessels transiting the regulated area during the
event. The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary special local regulation
to be in effect from 11 a.m. to 1:30 p.m. on October 20, 2018. The
regulated area would cover all waters within 400 feet of the event
located between approximate locations 40[deg]6'9.22'' N, 74[deg]2'7.8''
W and 40[deg]6'9.22'' N, 74[deg]2'8.2'' W. During the event, the inlet
would be closed to all non-participant vessel traffic. There is a 30-
minute break tentatively planned for midway through the event. If
circumstances permit, during the break the rope will be removed from
navigable waters and vessels may be allowed to transit through the area
at the discretion of the COTP or COTP's designated representative. The
regulation is intended to ensure the safety of event participants and
vessels during the scheduled 11 a.m. to 1:30 p.m. tug of war event. No
vessel or person would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative of
the Captain of the Port. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the regulated area. While this regulated area
would impact a designated area of the Manasquan River Inlet for 2 and
\1/2\ hours, the event sponsor has organized a 30 minute time period
during the event where vessels would be able to transit through the
inlet. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone during the 30
minute time period during the event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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
[[Page 49025]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 proposed rule involves a regulated area lasting 2 and
\1/2\ hours that would prohibit entry within 400 feet of a tug of war
event across an inlet. Normally such actions are categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is 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 proposed rule.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Maritime safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 33 CFR 1.05-1.
0
2. Add Sec. 100.T05-0883 to read as follows.
Sec. 100.T05-0883 Special Local Regulation; Manasquan River;
Manasquan, NJ.
(a) Location. The following area is a regulated area: All waters of
the Manasquan River within the Manasquan Inlet within 400 feet of the
event located between approximate locations 40[deg]6'9.22'' N,
74[deg]2'7.8'' W and 40[deg]6'9.22'' N, 74[deg]2'8.2'' W. All
coordinates are based on World Geodetic System 1984.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port Delaware Bay (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) All non-participant persons and vessels are
prohibited from entering into, remaining within, transiting through, or
anchoring in the regulated area unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's designated representative
[[Page 49026]]
via VHF-FM channel 16 or by telephone at 215-271-4807.
(3) If authorization to enter into, remain within, transit through,
or anchor in the regulated area is granted, all persons and vessels
receiving such authorization shall comply with the instructions of the
COTP or the COTP's designated representative.
(4) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Marines, or by on-scene
designated representatives.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by federal, state, and local
agencies.
(e) Enforcement period. This zone will be enforced from
approximately 11 a.m. through 1:30 p.m. on October 20, 2018.
K.A. Clarke,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2018-21202 Filed 9-27-18; 8:45 am]
BILLING CODE 9110-04-P