Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ, 32272-32274 [2019-14420]

Download as PDF 32272 Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0537] RIN 1625–AA00 Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain navigable waters of the New Jersey Intracoastal Waterway. The safety zone is needed to protect participants of the Jim Whelan Open Water Festival on these navigable waters near Atlantic City, NJ, during a swim event on July 14, 2019. This regulation prohibits nonparticipant persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative. DATES: This rule is effective from 5 p.m. through 9 p.m. on July 14, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0537 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 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: SUMMARY: 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 jbell on DSK3GLQ082PROD with RULES II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 VerDate Sep<11>2014 15:55 Jul 05, 2019 Jkt 247001 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 it is impracticable and contrary to the public interest to do so. There is insufficient time to allow for a reasonable comment period prior to the date of the event. We are taking immediate action to ensure the safety of participants and the general public from hazards associated with non-participant vessel movement near the swim event. It is impracticable and contrary to the public interest to publish an NPRM because we must establish this safety zone by July 14, 2019. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because the rule must be in effect by July 14, 2019, to mitigate the potential safety hazards associated with the swim event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). Green Whales Inc. notified the Coast Guard that it will host the inaugural Jim Whelan Open Water Festival on July 14, 2019. The event will include a 400meter swim with up to 50 participants and a 2-kilometer swim with up to 150 participants. The swim courses are on the waters of the New Jersey Intracoastal Waterway in Atlantic City, NJ. The Captain of the Port Delaware Bay (COTP) has determined that potential hazards associated with this swim event scheduled for July 14, 2019, will be a safety concern for participants and for vessels operating within the specified waters of the New Jersey Intracoastal Waterway. The purpose of this rulemaking is to protect participants, spectators, and transiting vessels on certain waters of the New Jersey Intracoastal Waterway before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a safety zone from 5 p.m. until 9 p.m. on July 14, 2019. The safety zone will cover navigable waters of the New Jersey Intracoastal Waterway between the Albany Avenue (Highway 40) bridge in the southwest and New Jersey Intracoastal Waterway Daybeacon 204 in the northeast. Paragraph (a) of the regulation text below provides a PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 detailed description of the location. The duration of the zone is intended to ensure the safety of participants and vessels on these navigable waters before, during, and after the swim event scheduled from 6 p.m. to 8 p.m. on July 14, 2019. No person or vessel will be permitted to enter, transit through, anchor in, or remain within the safety zone without obtaining permission from the COTP Delaware Bay or a designated representative. If the COTP Delaware Bay or a designated representative grants authorization to enter, transit through, anchor in, or remain within the safety zone, all persons and vessels receiving such authorization must comply with the instructions of the COTP Delaware Bay or a designated representative. The Coast Guard will provide public notice of the safety zone by Local Notice to Mariners and Broadcast Notice to Mariners. V. 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 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 rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule 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. The impact of this rule is not significant for the following reasons: (1) The enforcement period will last four hours when vessel traffic is usually low; (2) although non-participant persons and vessels may not enter, transit through, anchor in, or remain with the safety zone without authorization from the COTP Delaware Bay or a designated representative, surrounding channels within the New Jersey Intracoastal Waterways will remain unaffected. Persons and vessels will be able to operate in the surrounding area during the enforcement period; (3) persons and vessels will still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the E:\FR\FM\08JYR1.SGM 08JYR1 Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Rules and Regulations COTP Delaware Bay or a designated representative; and (4) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners, Broadcast Notice to Mariners, and onscene actual notice from designated representatives. B. Impact on Small Entities jbell on DSK3GLQ082PROD with RULES 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 rule will 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 reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 section. 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. C. 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). VerDate Sep<11>2014 15:55 Jul 05, 2019 Jkt 247001 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 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 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (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 a safety zone lasting only 4 hours that will prohibit entry within certain navigable waters during a swim event. It is categorically excluded from further review under paragraph L60(a) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 32273 5090.1. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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. List of Subjects in 33 CFR Part 165 Harbors, 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 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0537 to read as follows: ■ § 165.T05–0537 Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ. (a) Location. The following area is a safety zone: All navigable waters of the New Jersey Intracoastal Waterway in Atlantic City, NJ, within the polygon bounded by the following: Originating at the southeast portion of the Albany Avenue Bridge where the bridge crosses the shoreline at approximate position latitude 39°21′12″ N, longitude 074°27′23″ W; thence northeasterly along the shoreline to latitude 39°21′43″ N, longitude 074°26′41″ W; thence west across the New Jersey Intracoastal Waterway to the shoreline at latitude 39°21′42″ N, longitude 074°26′51″ W; thence west along the shoreline to latitude 39°21′41″ N, longitude 074°26′55″ W; thence southwest across the mouth of Beach Thorofare to the shoreline at latitude 39°21′33″ N, longitude 074°27′07″ W; thence southwest along the shoreline to the northeast portion of the Albany Avenue Bridge where the bridge crosses the shoreline at approximate position latitude 39°21′15″ N, longitude 074°27′24″ W; thence south along the eastern, outermost edge of the bridge to the point of origin. E:\FR\FM\08JYR1.SGM 08JYR1 32274 Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Rules and Regulations (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 (COTP), Delaware Bay in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section 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 representative via VHF–FM channel 16 or 215–271–4807. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) This section applies to all vessels except those engaged in law enforcement, aids to navigation servicing, and emergency response operations. (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 (but no earlier than) 5 p.m. to approximately (but not later than) 9 p.m. on July 14, 2019. Dated: June 28, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2019–14420 Filed 7–5–19; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Part 210 [Docket No. 2018–11] Designation of Music Licensing Collective and Digital Licensee Coordinator U.S. Copyright Office, Library of Congress. ACTION: Final rule. AGENCY: Pursuant to title I of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, and following a solicitation of proposals and public comment on those proposals, the Register is designating the entities who will perform certain functions relating jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:55 Jul 05, 2019 Jkt 247001 to the compulsory license for digital music providers to make and distribute digital phonorecord deliveries. For the reasons published in this document, the Register designates Mechanical Licensing Collective, Inc. as the mechanical licensing collective and Digital Licensee Coordinator, Inc. as the digital licensee coordinator, including their individual proposed board members. DATES: Effective July 8, 2019. FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and Associate Register of Copyrights, by email at regans@copyright.gov, Steve Ruwe Assistant General Counsel, by email at sruwe@copyright.gov, or Jason E. Sloan, Assistant General Counsel, by email at jslo@copyright.gov. Each can be contacted by telephone by calling (202) 707–8350. SUPPLEMENTARY INFORMATION: I. Background On October 11, 2018, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (the ‘‘MMA’’) was signed into law.1 Title I of the MMA addresses the efficiency and fairness of the section 115 ‘‘mechanical’’ license for the reproduction and distribution of musical works embodied in digital phonorecord deliveries, including permanent downloads, limited downloads, and interactive streams.2 In relevant part, it eliminates the song-bysong notice of intention process for such uses and creates a new blanket compulsory licensing system for digital music providers engaged in digital phonorecord deliveries.3 The blanket licensing structure is designed to reduce the transaction costs associated with song-by-song licensing by commercial services that strive to offer ‘‘as much music as possible,’’ while ‘‘ensuring fair and timely payment to all creators’’ of the musical works used on these digital services.4 The MMA directs the Register of Copyrights to designate a nonprofit entity operated by copyright owners, referred to by statute as the mechanical licensing collective (‘‘MLC’’), to Law 115–264, 132 Stat. 3676 (2018). S. Rep. No. 115–339, at 1–2 (2018); Report and Section-by-Section Analysis of H.R. 1551 by the Chairmen and Ranking Members of Senate and House Judiciary Committees, at 1 (2018), https:// www.copyright.gov/legislation/mma_conference_ report.pdf (‘‘Conf. Rep.’’); see also H.R. Rep. No. 115–651, at 2 (2018) (detailing the House Judiciary Committee’s efforts to review music copyright laws). 3 The MMA retains the ability of record companies to obtain an individual download license on a song-by-song basis. 17 U.S.C. 115(b)(3). 4 S. Rep. No. 115–339, at 4, 8. PO 00000 1 Public 2 See Frm 00020 Fmt 4700 Sfmt 4700 administer this new blanket-licensing system beginning on the ‘‘license availability date,’’ that is, January 1, 2021.5 As detailed further below, the MLC, through its board of directors and task-specific committees, will be responsible for a variety of duties, including receiving usage reports from digital music providers, collecting and distributing royalties associated with those uses, identifying musical works embodied in particular sound recordings, administering a process by which copyright owners can claim ownership of musical works (and shares of such works), and establishing a musical works database relevant to these activities.6 By statute, digital music providers will bear the reasonable costs of establishing and operating the MLC through an administrative assessment, to be determined if necessary by the Copyright Royalty Judges (‘‘CRJs’’) in a separate proceeding.7 The MMA also allows, but does not require, the Register to designate a digital licensee coordinator (‘‘DLC’’) to represent licensees in this proceeding, to serve as a non-voting member of the MLC, and to carry out other functions.8 A. MLC Designation Requirements, Duties, and Functions The entity designated as the MLC must be: • A single nonprofit entity that is created by copyright owners to carry out its statutory responsibilities; • ‘‘endorsed by, and enjoy[ ] substantial support from, musical work copyright owners that together represent the greatest percentage of the licensor market for uses of such works in covered activities, as measured over the preceding 3 full calendar years;’’ 9 • able to demonstrate to the Copyright Office that, by the license availability date, it will have the administrative and technological capabilities to perform the required functions; and • governed by a board of directors and include committees that are composed of a mix of voting and nonvoting members as directed by the statute.10 If no single entity meets each of these statutory criteria, the Register must designate as the MLC the entity that 5 17 U.S.C. 115(d)(2)(B), (d)(3)(B); see also id. at 115(e)(15). 6 Id. at 115(d)(3)(C). 7 Id. at 115(d)(7)(D). 8 Id. at 115(d)(5)(B); see also id. at 115(d)(3)(D)(i)(IV), (d)(5)(C). 9 Id. at 115(d)(3)(A)(ii). 10 Id. at 115(d)(3)(A), (d)(3)(D)(i). E:\FR\FM\08JYR1.SGM 08JYR1

Agencies

[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Rules and Regulations]
[Pages 32272-32274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14420]



[[Page 32272]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0537]
RIN 1625-AA00


Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the New Jersey Intracoastal Waterway. The 
safety zone is needed to protect participants of the Jim Whelan Open 
Water Festival on these navigable waters near Atlantic City, NJ, during 
a swim event on July 14, 2019. This regulation prohibits non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port (COTP) Delaware Bay or a designated 
representative.

DATES: This rule is effective from 5 p.m. through 9 p.m. on July 14, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0537 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
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 Information and Regulatory History

    The Coast Guard is issuing this temporary 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 it is impracticable and contrary to 
the public interest to do so. There is insufficient time to allow for a 
reasonable comment period prior to the date of the event. We are taking 
immediate action to ensure the safety of participants and the general 
public from hazards associated with non-participant vessel movement 
near the swim event. It is impracticable and contrary to the public 
interest to publish an NPRM because we must establish this safety zone 
by July 14, 2019.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because the rule must be in effect by July 14, 2019, to mitigate the 
potential safety hazards associated with the swim event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). Green Whales Inc. notified the Coast 
Guard that it will host the inaugural Jim Whelan Open Water Festival on 
July 14, 2019. The event will include a 400-meter swim with up to 50 
participants and a 2-kilometer swim with up to 150 participants. The 
swim courses are on the waters of the New Jersey Intracoastal Waterway 
in Atlantic City, NJ. The Captain of the Port Delaware Bay (COTP) has 
determined that potential hazards associated with this swim event 
scheduled for July 14, 2019, will be a safety concern for participants 
and for vessels operating within the specified waters of the New Jersey 
Intracoastal Waterway. The purpose of this rulemaking is to protect 
participants, spectators, and transiting vessels on certain waters of 
the New Jersey Intracoastal Waterway before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 p.m. until 9 p.m. on 
July 14, 2019. The safety zone will cover navigable waters of the New 
Jersey Intracoastal Waterway between the Albany Avenue (Highway 40) 
bridge in the southwest and New Jersey Intracoastal Waterway Daybeacon 
204 in the northeast. Paragraph (a) of the regulation text below 
provides a detailed description of the location. The duration of the 
zone is intended to ensure the safety of participants and vessels on 
these navigable waters before, during, and after the swim event 
scheduled from 6 p.m. to 8 p.m. on July 14, 2019. No person or vessel 
will be permitted to enter, transit through, anchor in, or remain 
within the safety zone without obtaining permission from the COTP 
Delaware Bay or a designated representative. If the COTP Delaware Bay 
or a designated representative grants authorization to enter, transit 
through, anchor in, or remain within the safety zone, all persons and 
vessels receiving such authorization must comply with the instructions 
of the COTP Delaware Bay or a designated representative. The Coast 
Guard will provide public notice of the safety zone by Local Notice to 
Mariners and Broadcast Notice to Mariners.

V. 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 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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.
    The impact of this rule is not significant for the following 
reasons: (1) The enforcement period will last four hours when vessel 
traffic is usually low; (2) although non-participant persons and 
vessels may not enter, transit through, anchor in, or remain with the 
safety zone without authorization from the COTP Delaware Bay or a 
designated representative, surrounding channels within the New Jersey 
Intracoastal Waterways will remain unaffected. Persons and vessels will 
be able to operate in the surrounding area during the enforcement 
period; (3) persons and vessels will still be able to enter, transit 
through, anchor in, or remain within the regulated area if authorized 
by the

[[Page 32273]]

COTP Delaware Bay or a designated representative; and (4) the Coast 
Guard will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene actual notice from designated representatives.

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 rule 
will 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 reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

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 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 a safety zone lasting only 4 hours that 
will prohibit entry within certain navigable waters during a swim 
event. It is categorically excluded from further review under paragraph 
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures 5090.1. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

    Harbors, 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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0537 to read as follows:


Sec.  165.T05-0537  Safety Zone; New Jersey Intracoastal Waterway, 
Atlantic City, NJ.

    (a) Location. The following area is a safety zone: All navigable 
waters of the New Jersey Intracoastal Waterway in Atlantic City, NJ, 
within the polygon bounded by the following: Originating at the 
southeast portion of the Albany Avenue Bridge where the bridge crosses 
the shoreline at approximate position latitude 39[deg]21'12'' N, 
longitude 074[deg]27'23'' W; thence northeasterly along the shoreline 
to latitude 39[deg]21'43'' N, longitude 074[deg]26'41'' W; thence west 
across the New Jersey Intracoastal Waterway to the shoreline at 
latitude 39[deg]21'42'' N, longitude 074[deg]26'51'' W; thence west 
along the shoreline to latitude 39[deg]21'41'' N, longitude 
074[deg]26'55'' W; thence southwest across the mouth of Beach Thorofare 
to the shoreline at latitude 39[deg]21'33'' N, longitude 
074[deg]27'07'' W; thence southwest along the shoreline to the 
northeast portion of the Albany Avenue Bridge where the bridge crosses 
the shoreline at approximate position latitude 39[deg]21'15'' N, 
longitude 074[deg]27'24'' W; thence south along the eastern, outermost 
edge of the bridge to the point of origin.

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    (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 (COTP), Delaware Bay in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section 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 representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (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 (but no earlier than) 5 p.m. to approximately (but not 
later than) 9 p.m. on July 14, 2019.

    Dated: June 28, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-14420 Filed 7-5-19; 8:45 am]
BILLING CODE 9110-04-P