[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34879-34881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13849]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0305]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of a special local regulation for one specific recurring marine event 
in the Fifth Coast Guard District. This regulation applies to only one 
recurring marine event, held on the Atlantic Ocean, offshore of 
Atlantic City, New Jersey. The marine event formerly originated on the 
third Sunday in July, but now is on the fourth Sunday in June; the 
special local regulation is necessary to provide for the safety of life 
on navigable waters during the event. This action is intended to 
temporarily restrict vessel traffic in a portion of the Atlantic Ocean 
near Atlantic City, New Jersey, during the event.

DATES: This rule will be effective on June 23, 2013, only.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0305]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Lieutenant Corrina Ott, U.S. Coast Guard Sector Delaware 
Bay, Chief of Waterways Management Division; telephone 215-271-4902, 
email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The regulation for this marine event is located at 33 CFR 100.501, 
Table to Sec.   100.501, section (a.) line 4.
    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 immediate action is needed to 
minimize potential danger to the public during the event. The potential 
dangers posed by marine events conducted on the Atlantic Ocean, near 
Atlantic City, with other vessel traffic makes a special local 
regulation necessary to provide for the safety of participants, 
spectator craft and other vessels transiting the event area. For the 
safety concerns noted, it is in the public interest to have this 
regulation in effect during the event. In addition, it is impracticable 
to provide for a notice and comment period because the Coast Guard 
received late notice from the event planner of this change in date. The 
Coast Guard will issue broadcast notice to mariners to advise vessel 
operators of navigational restrictions. On scene Coast Guard and local 
law enforcement vessels will also provide actual notice to mariners.
    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. The Coast Guard did not receive 
information from the event sponsor early enough to allow 30 days after 
publication before making this rule effective. This final rule is 
necessary to protect the public and race participants during the 
regatta, and therefore, must be effective by the start of the event on 
June 23, 2013.

B. Basis and Purpose

    Offshore Performance Association sponsors an annual offshore race 
held on the third Sunday in July on the waters of the Atlantic Ocean at 
Atlantic City, New Jersey.
    The regulation listing annual marine events within the Fifth Coast 
Guard District and special local regulations locations is 33 CFR 
100.501. The Table to Sec.  100.501 identifies special local 
regulations by COTP zone, with the COTP Delaware Bay zone listed in 
section ``(a.)'' of the Table. The Table to Sec.  100.501, at section 
(a.) event Number ``4'' describes the enforcement date and regulated 
location for this marine event.
    The date listed in the Table has the marine event on the third 
Sunday in July. However, this temporary rule changes the marine event 
date to the fourth Sunday in June.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the marine event. Due to the need for vessel control during the 
marine event vessel traffic will be temporarily restricted to provide 
for the safety of participants, spectators and transiting vessels. 
Under provisions of 33 CFR 100.501, during the enforcement period, 
vessels may not enter the regulated area unless they receive permission 
from the Coast Guard Patrol Commander.

C. Discussion of the Final Rule

    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  100.501, section (a.) event Number 4, and insert this 
temporary regulation at Table to Sec.  100.501, at section (a.) as 
event Number ``14'', in order to reflect that the marine event will be 
held on June 23, 2013. This special local regulation will be enforced 
from 10 a.m. until 5 p.m.
    The regulated area of this special local regulation includes all 
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,

[[Page 34880]]

longitude 074[deg]24'37'' W, to latitude 39[deg]20'40'' N, longitude 
074[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 074[deg]27'40'' W, 
thence northeasterly along the shoreline to latitude 39[deg]21'50'' N, 
longitude 074[deg]24'37'' W.
    This special local regulation will temporarily restrict general 
navigation in the regulated area during the marine 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 during the 
effective period. The regulated area is needed to control vessel 
traffic during the event for the safety of participants and transiting 
vessels.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this rule will temporarily restrict vessel traffic from 
transiting a portion of the Atlantic Ocean off the shore of Atlantic 
City, New Jersey during the specified event, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be in effect. Extensive advance notifications will 
be made to the maritime community via marine information broadcasts, 
local radio stations and area newspapers so mariners can adjust their 
plans accordingly. Additionally, this rulemaking changes the regulated 
area for the Atlantic Ocean, Atlantic City, Offshore Race for June 23, 
2013 only and does not change the permanent regulated area that has 
been published in 33 CFR 100.501, Table to Sec.  100.501 at portion 
``a'' event Number ``4''. In some cases vessel traffic may be able to 
transit the regulated area when the Coast Guard Patrol Commander deems 
it is safe to do so.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 or anchor in the Atlantic Ocean, off the shore of Atlantic 
City, where marine events are being held. This regulation will not have 
a significant impact on a substantial number of small entities because 
it will only be in effect from 10 a.m. to 5 p.m. on June 23, 2013 in 
the regulated area. The Captain of the Port will ensure that small 
entities are able to operate in the regulated area when it is safe to 
do so. In some cases, vessels will be able to safely transit around the 
regulated area at various times, and, with the permission of the Patrol 
Commander, vessels may transit through the regulated area. Before the 
enforcement period, the Coast Guard will issue maritime advisories so 
mariners can adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. 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 person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of

[[Page 34881]]

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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves the establishment of a special local 
regulation within 33 CFR Part 100. It is necessary to provide for the 
safety of the general public and event participants from potential 
hazards associated with the movement of vessels near the event area. 
This rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    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


0
2. At Sec.  100.501, further amend the Table to Sec.  100.501, as 
revised May 21, 2013 (78 FR 29632), as follows:
0
a. Under ``(a) Coast Guard Sector Delaware Bay--COTP Zone,'' suspend 
entry 4.
0
b. Under, ``(a) Coast Guard Sector Delaware Bay--COTP Zone,'' add 
temporary entry 16 to read as follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *

                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
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        No.                Date                Event              Sponsor                   Location
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                                                  * * * * * * *
16................  June--4th Sunday..  OPA Atlantic City   Offshore            The waters of the Atlantic
                                         Offshore Race.      Performance Assn.   Ocean, adjacent to Atlantic
                                                             (OPA).              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
                                                                                 074[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
                                                                                 074[deg]27'40'' W, thence
                                                                                 northeasterly along the
                                                                                 shoreline to latitude
                                                                                 39[deg]21'50'' N, longitude
                                                                                 074[deg]24'37'' W.
 
                                                  * * * * * * *
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    Dated: May 3, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2013-13849 Filed 6-10-13; 8:45 am]
BILLING CODE 9110-04-P