[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42870-42872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16380]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-04-129]
RIN 1625-AA08


Special Local Regulations for Marine Events; Atlantic Ocean, 
Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the OPA Atlantic City Grand Prix, a marine event to be 
held on the waters of the Atlantic Ocean adjacent to Atlantic City, New 
Jersey. These special local regulations are necessary to provide for 
the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in portions of the Atlantic Ocean 
adjacent to Atlantic City, New Jersey during the event.

DATES: This rule is effective from 9:30 a.m. to 3:30 p.m. on July 18, 
2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the

[[Page 42871]]

docket, are part of docket CGD05-04-129 and are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.

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. The event will take place on 
July 18, 2004. There is not sufficient time to allow for a notice and 
comment period, prior to the event. Because of the danger posed by 
high-speed powerboats racing in a closed circuit, special local 
regulations are necessary to provide for the safety of event 
participants, spectator craft and other vessels transiting the event 
area. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during the event.

Background and Purpose

    On July 18, 2004, the Offshore Performance Association will sponsor 
the OPA Atlantic City Grand Prix. The event will consist of 
approximately 50 offshore powerboats conducting high-speed competitive 
races on the waters of the Atlantic Ocean adjacent to Atlantic City, 
New Jersey. A fleet of approximately 200 spectator vessels is expected 
to gather nearby to view the event. Due to the need for vessel control 
during the races, vessel traffic will be temporarily restricted to 
provide for the safety of participants, spectators and transiting 
vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Atlantic Ocean adjacent to Atlantic City, 
New Jersey. The regulated area includes a 3-mile long section of the 
Atlantic Ocean south of Absecon Inlet, extending approximately 300 
yards out from the shoreline. The temporary special local regulations 
will be enforced from 9:30 a. m. to 3:30 p.m. on July 18, 2004, and 
will restrict general navigation in the regulated area during the 
races. Except for participants in the OPA Atlantic City Grand Prix and 
persons or vessels authorized by the Coast Guard Patrol Commander, no 
person or vessel may enter or remain in the regulated area.

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 Homeland Security (DHS).
    We expect the economic impact of this temporary rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Atlantic Ocean adjacent to Atlantic City, New Jersey during the 
event, the effect of this regulation will not be significant due to the 
limited duration that the regulated area will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via marine information broadcasts and area newspapers so 
mariners can adjust their plans accordingly.

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 businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit this section of the Atlantic Ocean during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 9:30 a.m. to 3:30 
pm. on July 18, 2004. Affected waterway users can pass safely around 
the regulated area. Before the enforcement period, we will issue 
maritime advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule 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 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).

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect 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

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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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial and 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade permit are specifically 
excluded from further analysis and documentation under those sections. 
Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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

0
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, Department of Homeland Security 
Delegation No. 0170.1


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2. Add a temporary section, Sec.  100.35-T05-129 to read as follows:


Sec.  100.35-T05-129,  Atlantic Ocean, Atlantic City, NJ.

    (a) Regulated area. The regulated area is established for the 
waters of the Atlantic Ocean, adjacent to Atlantic City, New Jersey, 
bounded by a line drawn between the following points: southeasterly 
from a point along the shoreline at latitude 39[deg]21'50'' N, 
longitude 074[deg]24'37'' W, to latitude 39[deg]20'40'' N, longitude 
74[deg]23'50'' W, thence southwesterly to latitude 39[deg]19'33'' N, 
longitude 074[deg]26'52'' W, thence northwesterly to a point along the 
shoreline at latitude 39[deg]20'43'' N, longitude 74[deg]27'40'' W, 
thence northeasterly along the shoreline to latitude 39[deg]21'50'' N, 
longitude 074[deg]24'37'' W. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Group Atlantic City.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Group Atlantic City with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participating Vessels include all vessels participating in the 
OPA Atlantic City Grand Prix under the auspices of the Marine Event 
Application submitted by the Offshore Performance Association, and 
approved by the Commander, Coast Guard Group Atlantic City.
    (c) Special local regulations:
    (1) Except for participating vessels and persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Effective period. This section is effective from 9:30 a.m. to 
3:30 p.m. on July 18, 2004.

    Dated: July 2, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-16380 Filed 7-16-04; 8:45 am]
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