[Federal Register: July 11, 2005 (Volume 70, Number 131)]
[Proposed Rules]
[Page 39697-39699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy05-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-072]
RIN 1625-AA08
Special Local Regulations for Marine Events; Atlantic Ocean,
Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary special local
regulations for ``Thunder over the Boardwalk'', an aerial demonstration
to be held over the waters of the Atlantic Ocean adjacent to Atlantic
City, New Jersey. These special local regulations are necessary to
provide for the safety of life on navigable waters during the event.
This proposed action would restrict vessel traffic in portions of the
Atlantic Ocean adjacent to Atlantic City, New Jersey during the aerial
demonstration.
DATES: Comments and related material must reach the Coast Guard on or
before July 26, 2005.
ADDRESSES: You may mail comments and related material to Commander
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 119 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Coast Guard Auxiliary and
Recreational Boating Safety Branch, Fifth Coast Guard District,
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the above
address between 9 a.m. and 2 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-05-
072, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address under ADDRESSES
explaining why one would be beneficial. 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.
Background and Purpose
On August 31, 2005, the Atlantic City Chamber of Commerce will
sponsor the ``Thunder over the Boardwalk''. The event will consist of
high performance jet aircraft performing low altitude aerial maneuvers
over the waters of the Atlantic Ocean adjacent to Atlantic City, New
Jersey. A fleet of spectator vessels is expected to gather nearby to
view the aerial demonstration. Due to the need for vessel control
during the event, vessel traffic will be temporarily restricted to
provide for the safety of spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the Atlantic Ocean adjacent to
Atlantic City, New Jersey. The regulated area includes a section of the
Atlantic Ocean approximately 2.5 miles long, running from Pennsylvania
Avenue to Columbia Avenue, and extending approximately 900 yards out
from the shoreline. The temporary special local regulations will be
enforced from 10:30 a.m. to 3 p.m. on August 31, 2005, and will
restrict general navigation in the regulated area during the aerial
demonstration. 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 enforcement period.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this proposed regulation prevents traffic from transiting
a portion of the Atlantic Ocean adjacent to Atlantic City, New Jersey
during the event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect
and the extensive advance notifications that will be made to the
maritime community via marine information broadcasts and area
newspapers so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 would 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 transit
[[Page 39698]]
this section of the Atlantic Ocean during the event.
This proposed rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 10:30 a.m. to 3
p.m. on August 31, 2005. Affected waterway users can pass safely around
the regulated area. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
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.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 address listed under
ADDRESSES. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that there are no factors in this case
that would limit the use of a categorical exclusion under section 2.B.2
of the Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(h), of the
Instruction, from further environmental documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233, Department of Homeland Security
Delegation No. 0170.1.
2. Add a temporary section, Sec. 100.35-T05-072 to read as
follows:
Sec. 100.35-T05-072, Atlantic Ocean, Atlantic City, NJ.
(a) Regulated area. The regulated area is established for the
waters of the Atlantic Ocean, adjacent to Atlantic
[[Page 39699]]
City, New Jersey, bounded by a line drawn between the following points:
southeasterly from a point along the shoreline at latitude
39[deg]21'31'' N, longitude 074[deg]25'04'' W, thence to latitude
39[deg]21'08'' N, longitude 074[deg]24'48'' W, thence southwesterly to
latitude 39[deg]20'16'' N, longitude 074[deg]27'17'' W, thence
northwesterly to a point along the shoreline at latitude 39[deg]20'44''
N, longitude 074[deg]27'31'' W, thence northeasterly along the
shoreline to latitude 39[deg]21'31'' N, longitude 074[deg]25'04'' W.
All coordinates reference Datum NAD 1983.
(b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations: (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must:
(i) Stop the vessel immediately when directed to do so by the Coast
Guard Patrol Commander or any Official Patrol.
(ii) Proceed as directed by the Coast Guard Patrol Commander or any
Official Patrol.
(d) Enforcement period. This section will be enforced from 10:30
a.m. to 3 p.m. on August 31, 2005.
Dated: June 26, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-13576 Filed 7-8-05; 8:45 am]
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