[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Rules and Regulations]
[Page 47092-47094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au06-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-037]
RIN 1625-AA08
Special Local Regulations for Marine Events; Atlantic Ocean,
Atlantic City, NJ, Change of Time
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; amendment.
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SUMMARY: On July 7, 2006, the Coast Guard published a temporary final
rule in the Federal Register establishing temporary special local
regulations for the ``Thunder Over the Boardwalk Airshow'', an aerial
demonstration to be held over the waters of the Atlantic Ocean adjacent
to Atlantic City, New Jersey. On July 14, 2006, the Coast Guard was
notified that this marine event was proposed to be conducted at a
different time period. This rule changes the times of enforcement for
the temporary regulated area. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to restrict vessel traffic in the
regulated area during the event.
DATES: This rule changes the effective period of the temporary final
rule published at 71 FR 38523 (July 7, 2006) to be 9 a.m. to 5 p.m. on
August 23, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD05-06-037) and are available for
inspection or copying at Commander (dpi), 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,
Inspections and Investigations Branch, at (757) 398-6204.
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) the Coast Guard finds that good
cause exists for not publishing an NPRM. The new time period of when
the airshow was proposed to be conducted was not known in sufficient
time to allow for the publication of an NPRM followed by publication of
an effective rule before the event. Delaying this rule would be
contrary to the public interest of ensuring the safety of life at sea
during this event. The event will take place on August 23, 2006.
Because of the danger posed by high performance jet aircraft performing
low altitude aerial maneuvers over the waters of the Atlantic Ocean,
special local regulations are necessary to provide for the safety of
event participants, spectator craft and other vessels transiting the
event area. For the safety concerns noted, it is in the public interest
to have these regulations in effect during the event.
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 regulated area. However, advance notifications
will be made to affected users of the Atlantic Ocean coastal area via
marine information broadcasts and area newspapers.
Background and Purpose
On August 23, 2006, the Atlantic City Chamber of Commerce will
sponsor the ``Thunder Over the Boardwalk Airshow''. 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 the Amendment to the Temporary Final Rule
The Coast Guard is establishing 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. This amendment to the rule changes the time period
previously announced in the Federal Register notice published on July
7, 2006. The temporary special local regulations will be enforced from
9 a.m. until 5 p.m. on August 23, 2006. The effect of the temporary
special local regulations will be to restrict general navigation in the
regulated area during the event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Non-participating vessels will
be allowed to transit the regulated area between event activities, when
the Coast Guard Patrol Commander determines it is safe to do so. These
regulations are needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.
[[Page 47093]]
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 temporary final 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 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 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 area of the Atlantic Ocean during the event.
This 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. The Patrol Commander
will allow non-participating vessels to transit the event area between
event activities. 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. 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.
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 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 will 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 and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments 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.
[[Page 47094]]
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 M16475.1D
and Department of Homeland Security Management Directive 5100.1, 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. Special local regulations issued in conjunction with a
regatta or marine parade permit are specifically excluded from further
analysis and documentation under those sections. 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. The Coast Guard amends the temporary final rule published July 7,
2006 (71 FR 38522) entitled, ``Special Local Regulations for Marine
Events; Atlantic Ocean, Atlantic City, NJ.
Sec. 100.35-T05-037 [Amended]
In rule FR Doc. E6-10589 published on July 7, 2006 (71 FR 38522)
make the following amendments to Sec. 100.35-T05-037. On page 38523,
in the third column, revise paragraph (d) to read as follows:
(d) Enforcement period. This section will be enforced from 9 a.m.
to 5 p.m. on August 23, 2006.
Dated: July 28, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-13495 Filed 8-15-06; 8:45 am]
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