[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35236-35239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15184]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0329]
RIN 1625-AA08


Special Local Regulations for Marine Events, Atlantic Ocean; 
Atlantic City, New Jersey

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 OPA Atlantic City 
Grand Prix boat race, held in the waters of the North Atlantic Ocean, 
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 Atlantic Ocean adjacent to Atlantic 
City, New Jersey, during the event, from 10:00 a.m. to 6:00 p.m. on 
June 20, 2015 and June 21, 2015.

DATES: This rule is effective June 20-21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0329]. 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 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

[[Page 35237]]

FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The regulation for this recurring marine event may be found at 33 
CFR 100.501, Table to Sec.  100.501, section (a), line ``4''. This 
year, the date is different than published in the Table, so this 
temporary final rule has been issued.
    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 because information about the new date was 
not received by the Coast Guard with sufficient time to publish a 
Notice of Proposed Rulemaking.
    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 for the same reason: There was not 
enough time to publish the final rule more than thirty days before the 
event date.

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 purpose of this special local regulation is to provide for the 
safety of participants, spectator craft, and other vessels transiting 
the event area while the boat race is occurring.

C. Discussion of Rule

    The Coast Guard has previously published a list of annual marine 
events within the Fifth Coast Guard District and special local 
regulation locations at 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 fourth 
Sunday of June. However, this temporary rule changes the marine event 
date to June 20, 2015 and June 21, 2015, to reflect the actual date of 
the event.
    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 ``15'', in order to reflect that the special local 
regulation will be effective and enforced from 10:00 a.m. until 6:00 
p.m. on June 20, 2015 and June 21, 2015. 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 
the waters of the North Atlantic Ocean, adjacent to Atlantic City, New 
Jersey, bounded by a line drawn between the following points: From a 
point along the shoreline at latitude 39[deg]21'50'' N, longitude 
074[deg]24'37'' W, thence southeasterly 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 point of 
origin at latitude 39[deg]21'50'' N, longitude 074[deg]24'37'' W.
    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 may assign an event patrol, as described in 33 CFR 
100.40, to each regulated event listed in the table. Additionally, a 
Patrol Commander may be assigned to oversee the patrol. The event 
patrol and Patrol Commander may be contacted on VHF-FM Channel 16. 
During the event, the Coast Guard Patrol Commander may forbid and 
control the movement of all vessels in the regulated area(s). When 
hailed or signaled by an official patrol vessel, a vessel in these 
areas shall immediately comply with the directions given. Failure to do 
so may result in expulsion from the area, citation for failure to 
comply, or both. The Coast Guard Patrol Commander may terminate the 
event, or the operation of any vessel participating in the event, at 
any time it is deemed necessary for the protection of life or property. 
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 a number 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 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 Special local regulation to the maritime 
public via maritime advisories so mariners can alter their plans 
accordingly; (ii) vessels may still be permitted to transit through the 
special local regulation 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 boat race.

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 in the waters of the North Atlantic Ocean, adjacent to 
Atlantic City, New Jersey, on June 20, 2015 and June 21, 2015 from 
10:00 a.m. to 6:00 p.m., unless cancelled earlier by the Captain of the 
Port.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reason: vessel traffic

[[Page 35238]]

will be allowed to transit through the area with permission of the 
Coast Guard Captain of the Port, Delaware Bay, or his designated 
representative and the special local regulation is limited in size and 
duration. Sector Delaware Bay will issue maritime advisories widely 
available to all waterway users.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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. 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 would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would 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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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 rule 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 air show. This rule is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A preliminary 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, Security measures, 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. In the Table to Sec.  100.501:
0
a. Suspend line No. (a.) 4; and
0
b. Add line No. (a.) 15 to read as follows:


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

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[[Page 35239]]



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     Number               Date                Event              Sponsor                    Location
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                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
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                                                  * * * * * * *
15..............  June-20, 21th......  OPA Atlantic City   Offshore            The waters of the North Atlantic
                                        Grand Prix.         Performance Assn.   Ocean, adjacent to Atlantic
                                                            & New Jersey        City, New Jersey, bounded by a
                                                            Offshore Racing     line drawn between the following
                                                            Assn.               points: From a point along the
                                                                                shoreline at latitude
                                                                                39[deg]21'50'' N, longitude
                                                                                074[deg]24'37'' W, thence
                                                                                southeasterly 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 point of origin at
                                                                                latitude 39[deg]21'50'' N,.
                                                                                longitude.074[deg]24'37'' W.
 
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    Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-15184 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P