[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30483-30485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11868]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0373]
RIN 1625-AA00


Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, Atlantic 
Ocean

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light 
(LLNR 720) located at position 40[deg]27[min]00[sec] N, 
073[deg]48[min]00[sec] W, approximately 8.35 nautical miles east of 
Sandy Hook, NJ. This safety zone is necessary to provide for the safety 
of life, property and the environment on navigable waters of the United 
States from the hazards associated with the damaged structure and 
during survey and debris removal at the charted location of Ambrose 
Light that was recently damaged. This safety zone is intended to keep 
vessels a safe distance from Ambrose Light during the survey and debris 
removal operations.

DATES: This rule is effective from 11:59 p.m. on May 5, 2008 through 
11:59 p.m. on November 1, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0373 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and at Coast 
Guard Sector New York, Room 209, Staten Island, NY 10305 between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Commander Mike McBrady, Waterways 
Management Division, Coast Guard Sector New York (718) 354-2353. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

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. A notice and comment period 
was not held for this rulemaking because the safety zone is needed in 
response to an emergency situation created when the Ambrose Light was 
struck and damaged by a vessel. A survey and debris removal operations 
are needed immediately to remove this hazard to navigation. Delaying 
the necessary survey and debris removal in order to conduct a notice 
and comment period would be contrary to the public interest.
    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 as immediate action is needed to 
protect vessels transiting the area from the hazards associated with 
the damaged light tower, area survey, and debris removal operations. 
Any delay in implementing this rule would be contrary to public 
interest since immediate action is needed to prevent vessels from 
transiting the area so as to avoid the potential hazards associated 
with the unstable light, the possibility of it collapsing, or a vessel 
grounding on the remains of Ambrose Light (LLNR 720).

Background and Purpose

    On Saturday, November 3, 2007, the M/T AXEL SPIRIT allided with 
Ambrose Light (LLNR 720) in position 40[deg]27[min]00[sec] N, 
073[deg]48[min]00[sec] W approximately 8.35 nautical miles east of 
Sandy Hook, NJ. Initial damage assessment indicates that the Ambrose 
Light is no longer watching properly and in danger of collapse, 
creating an additional hazard to vessels operating in the area. This 
safety zone is being created in response to this emergency situation in 
order to keep mariners away from the hazards associated with the 
damaged structure and from the hazards associated with survey and 
debris removal operations.
    On November 26, 2007 we published a Temporary Final Rule in the 
Federal Register (72 FR 65886) titled ``Safety Zone: Ambrose Light, 
Offshore Sandy Hook, NJ, Atlantic Ocean'' establishing a temporary 
safety zone around Ambrose Light after it was initially struck. This 
safety zone was effective from November 5, 2007 until May 5, 2008. The 
Coast Guard's Civil Engineering Unit in Providence, Rhode Island does 
not expect to award the contract to remove the tower and associated 
debris until on, or about, May 1, 2008. It is expected that the removal 
operations will take about 75 days. This 180-day temporary rulemaking 
will

[[Page 30484]]

allow for the safe removal and provide for any expected delays due to 
weather, equipment malfunctions, etc. If the survey and debris removal 
is completed before November 1, 2008, the Coast Guard will cease 
enforcement of the safety zone.

Discussion of Rule

    This rule will provide for the safety of vessel traffic in and 
around Ambrose Light (LLNR 720). This regulation establishes a 
temporary safety zone on the navigable waters of the Atlantic Ocean 
within a 250 yard radius of position 40[deg]27[min]00[sec] N, 
73[deg]48[min]00[sec] W, approximately 8.35 nautical miles east of 
Sandy Hook, NJ. The rule described herein prohibits the transit of 
vessels through the safety zone unless specifically authorized by the 
Captain of the Port, New York. This safety zone is in effect from 11:59 
p.m. on May 5, 2008 until 11:59 p.m. on November 1, 2008. The zone will 
be enforced during the entire effective period unless the survey, tower 
and debris removal operation is completed prior to November 1, 2008.
    Marine traffic may transit safely outside of the zone during the 
enforcement period. The Captain of the Port New York will notify the 
maritime community of the safety zone by publication in the Local 
Notice to Mariners, Safety Voice Broadcasts, and on the internet at 
http://homeport.uscg.mil/newyork.

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.
    We expect the economic impact of this rule will be so minimal that 
a full Regulatory Evaluation under the regulatory policies and 
procedures of DHS is unnecessary. This regulation may have some impact 
on the public, but the potential impact will be minimized for the 
following reason: Vessels may transit around the 250 yard safety zone.

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 might 
be small entities: the owners or operators of vessels intending to 
transit within a 250 yard radius of Ambrose Light (LLNR 720) at 
40[deg]27[min]00[sec] N, 73[deg]48[min]00[sec] W approximately 8.35 
nautical miles east of Sandy Hook, NJ. However, this safety zone is not 
expected to have a significant economic impact on a substantial number 
of small entities as vessels will be able to transit around the 250 
yard safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 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.

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 does 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 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. 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.

[[Page 30485]]

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.lD 
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)(g), of the Instruction, from further 
environmental documentation. This rule fits category (34)(g) as it 
establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165.T01-165 to read as follows:


Sec.  165.T01-165  Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, 
Atlantic Ocean.

    (a) Location. The following area is a Safety Zone: All navigable 
waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light 
(LLNR 720) at position 40[deg]27'00'' N, 73[deg]48'00'' W, 
approximately 8.35 nautical miles east of Sandy Hook, NJ.
    (b) Effective Dates. This regulation is effective from 11:59 p.m. 
on May 5, 2008 to 11:59 p.m. on November 1, 2008.
    (c) Definitions. The following definition applies to this section: 
On-scene representative, means any commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port, 
New York.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
is prohibited unless authorized by the Captain of the Port New York, or 
his on-scene representative.

    Dated: May 5, 2008.
R.R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port New York.
 [FR Doc. E8-11868 Filed 5-27-08; 8:45 am]
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