[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Rules and Regulations]
[Pages 54026-54028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22032]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0728]
RIN 1625-AA00


Safety Zone; Red Bull Flugtag, Delaware River, Camden, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in an 
area of the Delaware River, Camden, NJ, described as North of the 
Wiggins park Marina and South of the Benjamin Franklin Bridge. The 
safety zone will restrict vessel traffic from a portion of the Delaware 
River during the Red Bull Flugtag event. The safety zone is necessary 
to protect event participants, life, and property.

DATES: This rule is effective from 10 a.m. until 5 p.m. on September 4, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0728 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0728 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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,

[[Page 54027]]

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Corrina Ott, Coast Guard; telephone 
215-271-4902, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 publishing an NPRM is impracticable 
and contrary to the public interest. Delaying the effective date by 
first publishing an NPRM and holding a comment period would be contrary 
to the rule's objectives of ensuring safety of life on the navigable 
waters during this scheduled event as immediate action is needed to 
protect participants of the event from vessels and vessels from any 
debris in the water as a result from 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. Any delay in the effective date of 
this regulation would be contrary to the public interest as immediate 
action is participants of the event from vessels and vessels from any 
debris in the water as a result from the event.

Basis and Purpose

    Red Bull has contracted to conduct a Flugtag event along the Camden 
Riverfront. During this event participants will enter the Delaware 
River from an elevated platform, utilizing makeshift flying apparatuses 
with the intent to maintain a controlled descent into the Delaware 
River. This safety zone will help protect both life and property on the 
navigable waterways of the Delaware River in respect to event 
participants and commercial and recreational vessel traffic.

Discussion of Rule

    The Coast Guard establishes a temporary safety zone on the Delaware 
River in Camden, NJ from 10 a.m. to 5 p.m. on September 4, 2010. The 
safety zone will restrict vessel traffic on the Delaware River in the 
immediate area of the Red Bull Flugtag event taking place inside a 
boundary described as originating from the shoreline then west to 
39[deg]56'54'' N, 075[deg]07'59'' W then north to 39[deg]56'56'' N, 
075[deg]07'58'' W then north to 39[deg]56'58'' N, 075[deg]07'58'' W 
then east to 39[deg]56'58'' N, 075[deg]07'56'' W then east to the 
shoreline. The safety zone will protect event participants, life, and 
property while preventing vessel traffic from navigating on the 
Delaware River in an area described as north of the Wiggins Park Marina 
and south of the Benjamin Franklin Bridge. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area during the enforcement 
period. The COTP will notify the public of specific enforcement times 
by marine Radio Safety Broadcast.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. Due to the location of the safety zone 
being outside of and East of Anchorage Area 13, as well as 
being located in an area not subject to regular flow of vessel traffic, 
the regulatory impact is expected to be minimal.

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: the owners or operator so vessel intending to transit East of 
Anchorage Area 13 in the Delaware River South of the Benjamin 
Franklin Bridge from 10 a.m. to 5 p.m. on September 4, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for seven hours on September 4, 2010. 
Additionally, the safety zone is located in an area where vessel 
traffic does not regularly transit, approximately 375 yards to the East 
of the main ship channel located in the Delaware River. Vessel traffic 
can pass safely around the zone. Before the enforcement period, the 
Coast Guard will issue maritime advisories widely available to users of 
the river.

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.

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 (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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 54028]]

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.

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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction and neither an environmental assessment nor an 
environmental impact statement is required. This rule involves a 
limited-in-duration safety zone intended to protect life and property 
on the navigable waterways of the Delaware River. An environmental 
analysis checklist and a categorical exclusion determination will be 
made 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, 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add Sec.  165.T05-0728 to read as follows:


Sec.  165.T05-0728  Safety Zone; Red Bull Flugtag, Delaware River, 
Camden, NJ

    (a) Location. The safety zone includes all waters inside a boundary 
described as originating from the shoreline then west to 39[deg]56'54'' 
N, 075[deg]07'59'' W then north to 39[deg]56'56'' N, 075[deg]07'58'' W 
then north to 39[deg]56'58'' N, 075[deg]07'58'' W then east to 
39[deg]56'58'' N, 075[deg]07'56'' W then east to the shoreline.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the COTP, Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by COTP, 
Sector Delaware Bay with a commissioned, warrant, or petty officer on 
board and displaying a Coast Guard ensign as well as any assisting 
local law enforcement vessels.
    (c) Regulations:
    (1) Except for 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. The safety zone will be in effect from 10 
a.m. to 5 p.m. on September 4, 2010.

    Dated: July 29, 2010.
R.T. Gatlin,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2010-22032 Filed 9-2-10; 8:45 am]
BILLING CODE 9110-04-P