[Federal Register: August 18, 2005 (Volume 70, Number 159)]
[Rules and Regulations]
[Page 48475-48477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au05-1]
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Rules and Regulations
Federal Register
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[[Page 48475]]
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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 action will restrict vessel traffic in portions of the Atlantic
Ocean adjacent to Atlantic City, New Jersey during the aerial
demonstration.
DATES: This rule is effective from 10:30 a.m. to 3 p.m. on August 31,
2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-05-072 and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004, 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:
Regulatory Information
On July 11, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Atlantic
Ocean, Atlantic City, NJ in the Federal Register (70 FR 39697). No
letters were received commenting on the proposed rule. No public
meeting was requested, and none was held.
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, since immediate action is needed to
ensure the safety of the event participants, spectator craft and other
vessels transiting the event area. However, advance notifications will
be made to mariners via marine information broadcasts, area newspapers
and local radio stations.
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.
Regulatory Evaluation
This 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 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, area newspapers and local
radio stations 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 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 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
transit 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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
[[Page 48476]]
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).
Collection of Information
This rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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.
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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded 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, this rule is 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'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
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, Department of Homeland Security
Delegation No. 0170.1.
0
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 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.
[[Page 48477]]
(d) Enforcement period. This section will be enforced from 10:30
a.m. to 3 p.m. on August 31, 2005.
Dated: August 5, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-16413 Filed 8-17-05; 8:45 am]
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