[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Proposed Rules]
[Pages 35281-35284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15185]



[[Page 35281]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0328]
RIN 1625-AA08


Special Local Regulations for Marine Events, Manasquan River; 
Seaside Park, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation for the recurring New Jersey Offshore 
Grand Prix, held in the waters of the Manasquan River and Atlantic 
Ocean, near Seaside Park, 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 Manasquan River and Atlantic Ocean 
near Seaside Park, New Jersey, from 10 a.m. to 5 p.m. on July 9, 2015, 
and July 10, 2015.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 26, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0328] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0328) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

B. 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 ``7''.

C. 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 Grand Prix is occurring.

D. Discussion of Proposed 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 ``7'', describes the 
enforcement date and regulated location for this marine event.

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    The date listed in the Table has the marine event on the third 
Wednesday and Thursday of July. However, this temporary rule changes 
the marine event date to July 9, 2015 and July 10, 2015, to reflect the 
actual date of the event for this year.
    The Coast Guard proposes to temporarily suspend the regulation 
listed in Table to Sec.  100.501, section (a) event Number ``7'', 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 5:00 
p.m. on July 9, 2015 and July 10, 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 Manasquan River from the New York and Long Branch 
Railroad Bridge to Manasquan Inlet, together with all of the navigable 
waters of the United States from Asbury Park, New Jersey, latitude 
40[deg]14'00'' N; southward to Seaside Park, New Jersey latitude 
39[deg]55'00'' N, from the New Jersey shoreline seaward to the limits 
of the Territorial Sea as defined in 33 CFR 2.22.
    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.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed 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 Manasquan River and 
Inlet, as well as the New Jersey shore from Ashbury Park and Seaside 
Park, New Jersey to the Territorial seas, on July 9, 2015 and July 10, 
2015 from 10:00 a.m. to 5:00 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 will be allowed to pass through the zone 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. The Coast Guard 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 propose 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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 proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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.

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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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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. 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 proposes 
to amend 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, suspend lines No. (a.)7; and
0
3. Add line No. (a.)15 to the Table to Sec.  100.501 to read as 
follows:
* * * * *

                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
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       No.                Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
15..............  July 9th, 10th.....  New Jersey          Offshore            The waters of the Manasquan River
                                        Offshore Grand      Performance Assn.   from the New York and Long
                                        Prix.               & New Jersey        Branch Railroad Bridge to
                                                            Offshore Racing     Manasquan Inlet, toget- with all
                                                            Assn.               of the navigable waters of the
                                                                                United States from Asbury Park,
                                                                                New Jersey, latitude
                                                                                40[deg]14'00'' N; southward to
                                                                                Seaside Park, New Jersey
                                                                                latitude 39[deg]55'00'' N, from
                                                                                the New Jersey shoreline seaward
                                                                                to the limits of the Territorial
                                                                                Sea. The race course area
                                                                                extends from Asbury Park to
                                                                                Seaside Park from the shoreline,
                                                                                seaward to a distance of 8.4
                                                                                nautical miles.
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* * * * *

    Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-15185 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P