[Federal Register: September 15, 2005 (Volume 70, Number 178)]
[Rules and Regulations]
[Page 54479-54480]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se05-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-05-113]
RIN 1625-AA00
Safety Zone; Manasquan Inlet
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Manasquan Inlet, to encompass all waters east of the Bascule Span
Bridge in Manasquan, NJ. This temporary safety zone is needed to
conduct an oil spill protective strategy test. This action is necessary
to provide for the safety of the boating public, oil spill response
workers and equipment during the strategic oil spill protective
strategy test.
DATES: This rule is effective from 7 a.m. to 1 p.m. on September 22,
2005. If the event is cancelled due to weather, this section is
effective either September 21 or 23. The Coast Guard Patrol Commander
will announce by Broadcast Notice to Mariners the specific time this
regulation will be enforced.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-05-113 and are available for
inspection or copying at Coast Guard Sector Delaware Bay, One
Washington Avenue, Philadelphia, Pennsylvania, 19147, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Carmen McKinstry or
Lieutenant Junior Grade Antoinett Scott, Coast Guard Sector Delaware
Bay, at (215) 271-4889.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds
that good cause exists for not publishing a NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. Publishing a NPRM and delaying its effective date would be
contrary to public interest, since immediate action is needed to
protect mariners against potential hazards associated with the
protective strategy exercise.
Background and Purpose
The New Jersey Department of Environmental Protection commissioned
a project to develop potential protection strategies for each tidal
inlet along the Atlantic Coast of New Jersey. There are thirteen tidal
inlets or channels along the New Jersey coastline that divide the
barrier islands into segments. The inlets are subject to reversing
tidal currents, and are conduits for the volume of water that flows in
and out of the bay and estuarine system during tidal cycles. It is
through these inlets that oil spilled on open ocean waters could reach
environmentally sensitive resources, such as salt marshes, that occur
along the bay and estuarine shorelines. Coastal tidal inlets are
therefore focal points for designing oil spill response strategies to
protect these vital resources from an oil spill. Exercises are
conducted at NJ inlets and channels to develop strategic plans and to
evaluate equipment. On September 22, 2005 an oil spill protective
strategy exercise will be conducted at Manasquan Inlet.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866 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.
The primary impact of this temporary rule will be on vessels
wishing to transit the affected waterway during the oil spill
protective strategy test on September 22, 2005. Although this temporary
rule restricts vessel traffic from transiting Manasquan Inlet during
the exercise, that restriction is limited in duration, affects only a
limited area, and will be well publicized to allow mariners to make
alternative plans.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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.
This will have virtually no impact on any small entities. This rule
does not require a general notice of proposed rulemaking and,
therefore, it is exempt from the requirement of the Regulatory
Flexibility Act. Although this rule is exempt, we have reviewed it for
potential economic impact on small entities.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 605(b)) that this will not have a
significant impact on a substantial number of small entities.
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 so that they can 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 annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by
[[Page 54480]]
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-743-3247).
Collection of Information
This 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 rule under
that Order and have determined that this rule 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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not affect 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 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 concern an
environmental risk to health or risk to safety that may
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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add temporary Sec. 165.T05-113 to read as follows:
Sec. 165.T05-113 Safety zone; Manasquan Inlet.
(a) Location. The following area is a temporary safety zone: All
waters of the Manasquan Inlet, east of the Bascule Span Bridge in
Manasquan, NJ.
(b) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) No person or vessel may enter or navigate within this safety
zone unless authorized to do so by the Coast Guard or designated
representatives. Any person or vessel authorized to enter the safety
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the safety zone
immediately if the Coast Guard or designated representative so orders.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. (1) The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned warrant
or petty officer who has been authorized by the Captain of the Port to
act on his behalf.
(d) Effective period. This section is effective from September 22,
2005 from 7 a.m. to 1 p.m.
Dated: September 7, 2005.
David L. Scott,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. 05-18340 Filed 9-14-05; 8:45 am]
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