[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Rules and Regulations]
[Pages 62290-62292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26772]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-00-047]
RIN 2115-AA97


Safety Zone; Strategic Booming Exercise in the Cape May Harbor, 
Cape May, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations in the 
Cape May Harbor, Cape May, NJ during a New Jersey Department of 
Environmental Protection oil spill booming test in the north end of the 
Cape May Harbor. This action is necessary to provide for the safety of 
life and property on navigable waters during the booming test. This 
action will restrict vessel traffic as the north end of the Cape May 
Harbor will be closed to all vessel traffic.

DATES: This rule is effective from 7 a.m. to 1 p.m. on October 19, 
2000.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-00-047 and are available for 
inspection or copying at Coast Guard Marine Safety Office/Group 
Philadelphia, One Washington Avenue, Philadelphia, Pennsylvania 19147 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Wade 
Kirschner, Coast Guard Marine Safety Office/Group Philadelphia, (215) 
271-4889.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. We were notified of the oil 
pollution booming test in the Cape May Harbor with insufficient time to 
publish an NPRM, allow for comments, and publish a final rule.
    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. We were informed on September 7, 
2000 that a strategic booming test would take place in the Cape May 
Harbor. Delaying the effective date of the rule would be contrary to 
the

[[Page 62291]]

public interest, since immediate action is needed to protect mariners 
against potential hazards associated with the temporary placement of 
boom across the north end of the Cape May Harbor.

Background and Purpose

    The strategic booming exercise is in response to a 1996 oil spill 
that fouled the New Jersey shoreline from Manasquan to Cape May. The 
New Jersey Department of Environmental Protection commissioned a 
project to develop potential protection strategies for each tidal inlet 
occurring along the Atlantic Coast of New Jersey.
    The thirteen tidal inlets along New Jersey's coastline are actually 
channels that divide the barrier islands into segments. The inlets are 
subject to reversing tidal currents, and are conduits for the volume of 
water that flows in and out of the bay/estuarine system during a tidal 
cycle called the tidal prism. It is through these conduits that oil 
spilled on open ocean waters could reach the sensitive resources, such 
as salt marshes, that occur along the bay/estuarine shorelines. Coastal 
tidal inlets are therefore focal points for designing strategies to 
protect these vital resources from spilled oil.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the booming exercise on 
October 19, 2000. Although this regulation prevents traffic from 
transiting portions of the Cape May Harbor during the event, that 
restriction is limited in duration, affects only a limited area, and 
will be well publicized to allow mariners to make alternative plans for 
transiting the affected area. In addition, there is an alternate route 
out of the harbor through the Cape May Canal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small business, 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 fishing or recreational 
vessels intending to transit the north end of the Cape May Harbor.
    The rule will not have a significant impact on a substantial number 
of small entities for the following reasons: the restrictions are 
limited in duration, affect only limited areas, and although the safety 
zone will apply to the entire width of the navigable channel, traffic 
will be able to exit the north end of the Cape May Harbor via the Cape 
May Canal. The oil spill prevention exercise has been well publicized 
by the New Jersey Department of Environmental Protection, which 
distributed flyers to the marinas and boaters located in the north end 
of the Cape May Harbor. In addition, before the effective period, the 
Coast Guard will issue maritime advisories to allow mariners to make 
alternative plans for transiting the affected areas.

Assistance for Small Entities

    Under section 213 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we are willing to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 Ombudsmen and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small businesses. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 165 as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5;

[[Page 62292]]

49 CFR 1.46. Section 165.100 is also issued under authority of Sec. 
311, Pub. L. 105-383.


    2. Add temporary Sec. 165.T05-047 to read as follows:


Sec. 165.T05-047  Safety Zone; Strategic Booming Exercise in the Cape 
May Harbor, Cape May, NJ.

    (a) Definitions. (1) Captain of the Port means the Commanding 
Officer of the Coast Guard Marine Safety Office/Group Philadelphia or 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port to act on his behalf.
    (2) Coast Guard Representative is a commissioned, warrant, or petty 
officer of the Coast Guard who has been designated by the Commanding 
Officer, Coast Guard Marine Safety Office/Group Philadelphia.
    (b) Location. This rule establishes a safety zone to include all 
waters 100 feet in any direction from all booming equipment and any 
vessels participating in the strategic booming exercise. One end of the 
boom will start from the Coast Guard Buoy Yard (approximate position 
38 deg. 56' 90" N, 074 deg. 53' 30" W) on the south side of the 
entrance to the North end of the Cape May Harbor and will extend out 
near the green can buoy number ``3''. From the green can marker buoy 
``3'', the boom will extend across the navigable channel and be 
attached to the red flashing (2+1) day marker ``C''. From the day 
marker, the boom will extend to the north side of the north entrance to 
the Cape May Harbor and end near Snow's Fish Processing Plant 
(approximate position 38 deg. 57' 20" N, 74 deg. 53' 00" W). All 
coordinates reference Datum NAD 1983.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23 of this part.
    (2) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard Representative. Any 
person or vessel authorized to enter the safety zone must operate in 
strict conformance with any directions given by the Coast Guard 
Representative and leave the safety zone immediately if the Coast Guard 
Representative so orders.
    (3) The Coast Guard vessels enforcing this section can be contacted 
on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port 
can be contacted at telephone number (215) 271-4940.
    (4) The Coast Guard Representative will notify the public of any 
changes in the status of this safety zone by Marine Safety Radio 
Broadcast on VHF-FM marine band radio, channel 22 (157.1 MHz).
    (d) Effective dates. These regulations are effective from 7 a.m. to 
1 p.m. on October 19, 2000.

    Dated: September 20, 2000.
G.F. Adams,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 00-26772 Filed 10-17-00; 8:45 am]
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