[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Rules and Regulations]
[Pages 56467-56469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23177]



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  Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / 
Rules and Regulations  

[[Page 56467]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0817]
RIN 1625-AA00


Safety Zone; Ocean City Beachfront Air Show, Ocean City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in an 
area of the Atlantic Ocean, Ocean City, NJ. The temporary safety zone 
will restrict vessel traffic from a portion of the Atlantic Ocean 
during the Ocean City Beachfront Air Show, which is an aerial 
demonstration to be held over the waters of the Atlantic Ocean. The 
temporary safety zone is necessary to provide for the safety of 
mariners on navigable waters during the aerial demonstration.

DATES: This rule is effective from 12 p.m. to 3 p.m. on September 18, 
2010 and from 12 p.m. to 4 p.m. on September 19, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0817 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0817 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, 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 Lieutenant Corrina Ott, Chief of 
Waterways Management Branch, 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 air show, as immediate action is needed to protect 
persons and vessels from hazards associated with air shows.
    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 necessary to protect persons and vessels from hazards 
associated with air shows over the water.

Basis and Purpose

    On September 18-19, 2010, the Ocean City Business and Neighborhood 
Development, Inc. will sponsor the Ocean City Beachfront Air Show. The 
event will consist of high performance jet aircraft performing low 
altitude aerial maneuvers over the waters of the Atlantic Ocean 
adjacent to Ocean City, New Jersey. A fleet of spectator vessels are 
expected to gather nearby to view the aerial demonstration. The 
temporary zone is necessary in order to prevent injury or damage to 
property from any falling object associated with the air show. This 
rule is required due to the inherent dangers of high-speed aerial 
maneuvers involved with these types of events.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone in the 
waters of the Atlantic Ocean in Ocean City, NJ from 12 p.m. to 3 p.m. 
on September 18, 2010 and from 12 p.m. to 4 p.m. on September 19, 2010. 
The temporary safety zone will restrict vessel traffic in the Atlantic 
Ocean in the immediate area of the Ocean City Airshow taking place 
inside a boundary described as originating at 39[deg]16'28'' N, 
074[deg]33'38'' W, then southeasterly to 39[deg]16'20'' N, 
074[deg]33'30'' W, then southwesterly to latitude 39[deg]15'38'' N, 
074[deg]34'41'' W, then northwesterly to 39[deg]15'47'' N, 
074[deg]34'51'' W, then returning northeasterly to 39[deg]16'28'' N, 
074[deg]33'38'' W.
    During the enforcement period of the safety zone, all persons and 
vessels will be prohibited from entering, transiting, mooring, or 
remaining within the zone unless specifically authorized by the Captain 
of the Port Delaware Bay, or designated representative.

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 short duration of the safety 
zone and the ability of vessel traffic to transit around the safety 
zone, 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

[[Page 56468]]

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 coastal waters in the vicinity of Ocean City, New Jersey during 
the event.
    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 in effect for only a short period, from 12 p.m. to 3 p.m. 
on September 18, 2010 and from 12 p.m. to 4 p.m. on September 19, 2010. 
Vessel traffic will be allowed to pass through the zone with the 
permission of the Coast Guard patrol commander. Before the enforcement 
period, the Coast Guard 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 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 (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 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 0023.1 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 which 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 or 
environmental impact statement is required. This rule involves a 
limited-in-duration safety zone around an aerial display intended to 
protect life and property on the navigable waterways of the Atlantic 
Ocean. An environmental analysis checklist and a 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, Waterways.

[[Page 56469]]


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.T05-0817, to read as follows:


Sec.  165.T05-0817  Safety Zone; Ocean City Beachfront Air Show, Ocean 
City, New Jersey.

    (a) Location. The safety zone includes all coastal waters of the 
North Atlantic Ocean, immediately adjacent to the shoreline at Ocean 
City, NJ, inside a boundary described as originating from 
39[deg]16'28'' N., 074[deg]33'38'' W., then southeasterly to 
39[deg]16'20'' N., 074[deg]33'30'' W., then southwesterly to 
39[deg]15'38'' N., 074[deg]34'41'' W., then northwesterly to 
39[deg]15'47'' N., 074[deg]34'51'' W., then returning northeasterly to 
39[deg]16'28'' N., 074[deg]33'38'' W.
    (b) Regulations:
    (1) Except for persons or vessels authorized by the Captain of the 
Port Delaware Bay or designated representative, no person or vessels 
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.
    (c) Definitions.
    (1) Designative representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Delaware Bay to act on his or her behalf.
    (2) Official Patrol means any vessel assigned or approved by 
Captain of the Port 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.
    (d) Enforcement period. This rule will be enforced from 12 pm. to 3 
p.m. on September 18, 2010 and from 12 p.m. to 4 p.m. on September 19, 
2010.

    Dated: August 30, 2010.
R.T. Gatlin,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2010-23177 Filed 9-15-10; 8:45 am]
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