[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48975-48978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19570]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0705]
RIN 1625-AA08


Special Local Regulations for Marine Events, Atlantic Ocean; 
Ocean 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 air show event known 
as the Ocean City Air Show, held over the waters of the Atlantic Ocean, 
adjacent to Ocean 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 Atlantic Ocean adjacent to Ocean 
City, New Jersey, during the event.

DATES: This rule is effective August 19, 2014 until 2:30 p.m. on 
September 14, 2014, and will be enforced from 11:00 a.m. to 2:30 p.m. 
on September 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0705]. 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 
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 ``13''.
    The Coast Guard is issuing this final rule pursuant to authority 
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b) and (d)(3)), which authorizes an agency to issue a rule without 
prior notice and opportunity to comment, and to take effect in less 
than 30 days, when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' 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 air shows 
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. 
For the same reasons, 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 Ocean 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 Atlantic Ocean, near Ocean 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

    The City of Ocean City sponsors an annual Air Show usually held on 
the third Sunday in September over the waters of the Atlantic Ocean 
adjacent to Ocean 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 ``13'', describes the enforcement date and regulated 
location for this marine event.

[[Page 48976]]

    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.
    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.
    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  100.501, section (a) event Number ``13'', and insert 
this temporary regulation at Table to Sec.  100.501, at section (a.) as 
event Number ``16'', in order to reflect that the safety zone will be 
effective and enforced from 12:00 p.m. until 3:30 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]15'57'' N, longitude 
074[deg]35'09'' W thence northeast to latitude 39[deg]16''34'' N, 
longitude 074[deg]33'54'' W thence southeast to latitude 39[deg]16'17'' 
N, longitude 074[deg]33'29'' W thence southwest to latitude 
39[deg]15'40'' N, longitude 074[deg]34'46'' W thence northwest to point 
of origin, near Ocean City, NJ.
    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 air show.

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 Atlantic Ocean 
adjacent to Ocean City, New Jersey from 12:00 p.m. to 3:30 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 (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

[[Page 48977]]

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 Ocean City, NJ, 
in order to protect the safety of life and property on the waters for 
the duration of the air show. 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 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.)13 and add temporary line No. (a.)16 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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                                                  * * * * * * *
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                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
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16........  September 14, 2014..  Ocean City Air Show.  Ocean City, NJ......  All waters of the New Jersey
                                                                               Intracoastal Waterway (ICW)
                                                                               bounded by a line connecting the
                                                                               following points; Latitude
                                                                               39[deg]15'57'' N, longitude
                                                                               074[deg]35'09'' W thence
                                                                               northeast to latitude
                                                                               39[deg]16'34'' N, longitude
                                                                               074[deg]33'54'' W thence
                                                                               southeast to latitude
                                                                               39[deg]16'17'' N, longitude
                                                                               074[deg]33'29'' W thence
                                                                               southwest to latitude
                                                                               39[deg]15'40'' N, longitude
                                                                               074[deg]34'46'' W thence
                                                                               northwest to point of origin,
                                                                               near Ocean City, NJ.
 
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[[Page 48978]]

    Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-19570 Filed 8-18-14; 8:45 am]
BILLING CODE 9110-04-P