[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Rules and Regulations]
[Pages 47092-47094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13495]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-06-037]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; amendment.

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SUMMARY: On July 7, 2006, the Coast Guard published a temporary final 
rule in the Federal Register establishing temporary special local 
regulations for the ``Thunder Over the Boardwalk Airshow'', an aerial 
demonstration to be held over the waters of the Atlantic Ocean adjacent 
to Atlantic City, New Jersey. On July 14, 2006, the Coast Guard was 
notified that this marine event was proposed to be conducted at a 
different time period. This rule changes the times of enforcement for 
the temporary regulated area. 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 the 
regulated area during the event.

DATES: This rule changes the effective period of the temporary final 
rule published at 71 FR 38523 (July 7, 2006) to be 9 a.m. to 5 p.m. on 
August 23, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD05-06-037) and are available for 
inspection or copying at Commander (dpi), 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: Dennis Sens, Project Manager, 
Inspections and Investigations Branch, 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 new time period of when 
the airshow was proposed to be conducted was not known in sufficient 
time to allow for the publication of an NPRM followed by publication of 
an effective rule before the event. Delaying this rule would be 
contrary to the public interest of ensuring the safety of life at sea 
during this event. The event will take place on August 23, 2006. 
Because of the danger posed by high performance jet aircraft performing 
low altitude aerial maneuvers over the waters of the Atlantic Ocean, 
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.
    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 would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, spectator craft and other 
vessels transiting the regulated area. However, advance notifications 
will be made to affected users of the Atlantic Ocean coastal area via 
marine information broadcasts and area newspapers.

Background and Purpose

    On August 23, 2006, the Atlantic City Chamber of Commerce will 
sponsor the ``Thunder Over the Boardwalk Airshow''. The event will 
consist of high performance jet aircraft performing low altitude aerial 
maneuvers over the waters of the Atlantic Ocean adjacent to Atlantic 
City, New Jersey. A fleet of spectator vessels is expected to gather 
nearby to view the aerial demonstration. Due to the need for vessel 
control during the event, vessel traffic will be temporarily restricted 
to provide for the safety of spectators and transiting vessels.

Discussion of the Amendment to the Temporary Final 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 section of the Atlantic Ocean 
approximately 2.5 miles long, running from Pennsylvania Avenue to 
Columbia Avenue, and extending approximately 900 yards out from the 
shoreline. This amendment to the rule changes the time period 
previously announced in the Federal Register notice published on July 
7, 2006. The temporary special local regulations will be enforced from 
9 a.m. until 5 p.m. on August 23, 2006. The effect of the temporary 
special local regulations will be to restrict general navigation in the 
regulated area during the event. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area. Non-participating vessels will 
be allowed to transit the regulated area between event activities, when 
the Coast Guard Patrol Commander determines it is safe to do so. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of participants, spectators and transiting vessels.

[[Page 47093]]

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 final 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 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 have 
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 area 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. The Patrol Commander 
will allow non-participating vessels to transit the event area between 
event activities. 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 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 address listed under 
ADDRESSES.
    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 calls 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 an 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 Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and will not create 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 does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.

[[Page 47094]]

    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 
and Department of Homeland Security Management Directive 5100.1, 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.


0
2. The Coast Guard amends the temporary final rule published July 7, 
2006 (71 FR 38522) entitled, ``Special Local Regulations for Marine 
Events; Atlantic Ocean, Atlantic City, NJ.


Sec.  100.35-T05-037  [Amended]

    In rule FR Doc. E6-10589 published on July 7, 2006 (71 FR 38522) 
make the following amendments to Sec.  100.35-T05-037. On page 38523, 
in the third column, revise paragraph (d) to read as follows:
    (d) Enforcement period. This section will be enforced from 9 a.m. 
to 5 p.m. on August 23, 2006.

    Dated: July 28, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-13495 Filed 8-15-06; 8:45 am]
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