[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Pages 48067-48070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19398]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0702]
RIN 1625-AA08


Special Local Regulations for Marine Events, New Jersey 
Intracoastal Waterway; 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 the special local regulation for the recurring event known as the 
Atlantic City International Triathlon, held in the waters of the New 
Jersey Intracoastal Waterway, adjacent to Atlantic City, New Jersey. 
The change of enforcement date for the special local regulation is 
necessary to provide for the safety of life on navigable waters during 
the event. This action will restrict vessel traffic in the waters of 
the New Jersey Intracoastal Waterway adjacent to Atlantic City, New 
Jersey, during the event.

DATES: This rule is effective August 15, 2014 until September 14, 2014.
    This rule will be enforced from 6:00 a.m. to 12:00 p.m. on 
September 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0702]. 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

[[Page 48068]]

email If you have questions on this temporary rule, call or email 
Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, 
Chief Waterways Management Division, Coast Guard; telephone (215) 271-
4851, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
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 may be found at 33 CFR 
100.501, Table to Sec.  100.501, section (a), line ``14''.
    The Coast Guard is issuing this 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 immediate action is needed to minimize 
potential danger to the public during the event. The potential dangers 
posed by this triathlon make this change to the 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. 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. Delaying the effective date would 
be contrary to the public interest, because immediate action is needed 
to ensure the safety of the event. However, notifications will be made 
to users of the affected area near Atlantic City, NJ, via marine 
information broadcasts and a local notice to mariners.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations. The 
Captain of the Port Delaware Bay is establishing a special local 
regulation for the waters of the New Jersey Intracoastal Waterway, near 
Atlantic City, NJ, to protect event participants, spectators and 
transiting vessels. Entry into this area is prohibited unless 
specifically authorized by the Captain of the Port Delaware Bay or 
designated representative.

C. Discussion of the Final Rule

    Atlantic City, NJ, sponsors an annual triathlon usually held on the 
third Sunday in September in the waters of the New Jersey Intracoastal 
Waterway adjacent to Atlantic City, New Jersey.
    The regulation listing annual marine events within the Fifth Coast 
Guard District and special local regulation 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 ``14'', 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 of September. However, this temporary rule changes the marine 
event date to September 14, 2014, to reflect the actual date of the 
event.
    Approximately 2000 people anticipated to participate in this 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.
    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  100.501, section (a) event Number ``14'', and insert 
this temporary regulation at Table to Sec.  100.501, at section (a.) as 
event Number ``17'', in order to reflect that the safety zone will be 
effective and enforced from 6:00 a.m. until 12:00 p.m. on September 14, 
2014. This change is needed to accommodate the sponsor's event plan. No 
other portion of the Table to Sec.  100.501 or other provisions in 
Sec.  100.501 shall be affected by this regulation.
    The regulated area of this special local regulation includes All 
waters of the New Jersey Intracoastal Waterway (ICW) bounded by a line 
connecting the following points; latitude 39[deg]21'20'' N, longitude 
074[deg]27'18'' W thence northeast to latitude 39[deg]21'27.47'' N, 
longitude 074[deg]27'10.31'' W thence northeast to latitude 
39[deg]21'33'' N, longitude 074[deg]26'57'' W thence northwest to 
latitude 39[deg]21'37'' N, longitude 074[deg]27'03'' W thence southwest 
to latitude 39[deg]21'29.88'' N, longitude.
    During the 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 her designated representative. Those persons 
authorized to transit through the safety zone shall abide by and follow 
all directions provided by the Captain of the Port Delaware Bay, or her 
designated representative, in order to ensure they are not disrupting 
this marine event. U.S. Coast Guard Sector Delaware Bay will notify the 
public by broadcast notice to mariners at least one hour prior to the 
times of enforcement.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 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 regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) The Coast Guard will make 
extensive notification of the Safety Zone to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
vessels may still be permitted to transit through the safety zone with 
the permission of the Captain of the Port on a case-by-case basis; and 
(iii) this rule will be enforced for only the duration of the 
triathlon.

[[Page 48069]]

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 may be small entities: the owners or operators of vessels 
intending to anchor or transit along a portion of the New Jersey 
Intracoastal Waterway adjacent to Atlantic City, New Jersey from 6:00 
a.m. to 12:00 p.m. on September 14, 2014, unless cancelled earlier by 
the Captain of the Port once all operations are completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: vessel 
traffic will be allowed to pass through the zone with permission of the 
Coast Guard Captain of the Port Delaware Bay or her designated 
representative and zone is limited in size and duration. Sector 
Delaware Bay will issue maritime advisories widely available to users 
of the Delaware Bay and River.
3. Assistance for Small Entities
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 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 implementation of regulations within 33 
CFR Part 100, applicable to special local regulations on the navigable 
waterways. This zone will temporarily restrict vessel traffic from 
transiting the waters of the Atlantic Ocean adjacent to Atlantic City, 
NJ, in order to protect the safety of life and property on the waters 
for the duration of the triathlon. 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.

[[Page 48070]]

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 is revised to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. In Sec.  100.501, in the Table to Sec.  100.501, suspend lines No. 
(a.)14 and add temporary line No. (a.)17 to read as follows:


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

* * * * *

Table to Sec.  100.501
[All coordinates listed in the Table to Sec.  100.501 reference Datum 
NAD 1983]

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              No.                       Date              Event             Sponsor              Location
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                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
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                                                  * * * * * * *
17.............................  September 14,      Atlantic City      Atlantic City, NJ  All waters of the New
                                  2014.              International                         Jersey Intracoastal
                                                     Triathlon.                            Waterway (ICW)
                                                                                           bounded by a line
                                                                                           connecting the
                                                                                           following points;
                                                                                           latitude
                                                                                           39[deg]21[min]20[sec]
                                                                                           N, longitude
                                                                                           074[deg]27[min]18[sec
                                                                                           ] W thence northeast
                                                                                           to latitude
                                                                                           39[deg]21[min]27.47[s
                                                                                           ec] N, longitude
                                                                                           074[deg]27[min]10.31[
                                                                                           sec] W thence
                                                                                           northeast to latitude
                                                                                           39[deg]21[min]33[sec]
                                                                                           N, longitude
                                                                                           074[deg]26[min]57[sec
                                                                                           ] W thence northwest
                                                                                           to latitude
                                                                                           39[deg]21[min]37[sec]
                                                                                           N, longitude
                                                                                           074[deg]27[min]03[sec
                                                                                           ] W thence southwest
                                                                                           to latitude
                                                                                           39[deg]21[min]29.88[s
                                                                                           ec] N, longitude.
 
                                                  * * * * * * *
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    Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-19398 Filed 8-14-14; 8:45 am]
BILLING CODE 9110-04-P