[Federal Register: November 26, 2007 (Volume 72, Number 226)]
[Rules and Regulations]
[Page 65886-65888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no07-2]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-157]
RIN 1625-AA00
Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, Atlantic
Ocean
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light
(LLNR 720) located at position 40[deg]27'00'' N, 073[deg]48'00'' W,
approximately 8.35 nautical miles east of Sandy Hook, NJ. This safety
zone is necessary to provide for the safety of life, property and the
environment on navigable waters of the United States during survey and
reconstruction of the Ambrose Light that was recently damaged. This
safety zone is intended to keep vessels a safe distance from Ambrose
Light during the survey and reconstruction operations.
DATES: This rule is effective from 12:01 a.m. on November 5, 2007
through 11:59 p.m. on May 5, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-157 and are available for
inspection or copying at Coast Guard Sector New York, Room 209, Staten
Island, New York 10305 between 8 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Mike McBrady,
Waterways Management Division, Coast Guard Sector New York (718) 354-
2353.
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. A notice and comment period
was not held for this rulemaking because the safety zone is needed in
response to an emergency situation created when the Ambrose Light was
struck and damaged by a vessel. A survey and repairs are needed
immediately in order to restore the light to normal operations.
Delaying the necessary survey and repairs in order to conduct a notice
and comment period would be contrary to the public interest.
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 as immediate action is needed to
protect vessels transiting the area from the hazards of the damaged
light tower and from the hazards associated with survey and
reconstruction operations. Any delay in implementing this rule would be
contrary to public interest since immediate action is needed due to the
potential hazards associated with the unstable light, the possibility
of it collapsing, or a vessel grounding on the remains of Ambrose Light
(LLNR 720).
Background and Purpose
On Saturday, November 3, 2007, the M/T AXEL SPIRIT allided with
Ambrose Light (LLNR 720) in position 40[deg]27'00'' N, 073[deg]48'00''
W approximately 8.35 nautical miles east of Sandy Hook, NJ. Initial
damage assessment indicates that the Ambrose Light is no longer
watching properly and in danger of collapse, creating an additional
hazard to vessels operating in the area. This safety zone is being
created in response to this emergency situation in order to keep
mariners away from the hazards associated with the damaged structure
and from the hazards associated with survey and reconstruction
operations.
Discussion of Rule
This rule will provide for the safety of vessel traffic in and
around Ambrose Light (LLNR 720). This regulation establishes a
temporary safety zone on the navigable waters of the Atlantic Ocean
within a 250-yard radius of position 40[deg]27'00'' N, 073[deg]48'00''
W, approximately 8.35 nautical miles east of Sandy Hook, NJ. The rule
described herein prohibits the transit of vessels through the safety
zone unless specifically authorized by the Captain of the Port, New
York. This safety zone is in effect from 12:01 a.m. on November 5, 2007
until 11:59 p.m. on May 5, 2008. The zone will be enforced during the
entire effective period unless the survey and reconstruction work is
completed prior to the last effective date. If survey and
reconstruction is completed before May 5, 2008, the Coast Guard will
cease enforcement of the safety zone.
[[Page 65887]]
Marine traffic may transit safely outside of the zone during the
enforcement period. The Captain of the Port New York will notify the
maritime community of the safety zone by publication in the Local
Notice to Mariners, Safety Voice Broadcasts, and on the internet at
http://homeport.uscg.mil/newyork.
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.
We expect the economic impact of this rule will be so minimal that
a full Regulatory is unnecessary. This regulation may have some impact
on the public, but the potential impact will be minimized for the
following reason: vessels may transit around the 250-yard safety zone.
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 might
be small entities: The owners or operators of vessels intending to
transit within a 250-yard radius of Ambrose Light (LLNR 720) at
40[deg]27'00'' N, 073[deg]48'00'' W approximately 8.35 nautical miles
east of Sandy Hook, NJ. However, this safety zone will not have a
significant economic impact on a substantial number of small entities
as vessels will be able to transit around the 250-yard safety zone.
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. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact Lieutenant Commander M. McBrady, Waterways
Management Division, Coast Guard Sector New York (718) 354-2353.
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). 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 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.
[[Page 65888]]
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)(g), of the Instruction, from further
environmental documentation. This rule fits category (34)(g) as it
establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSSES.
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 NAVIGATION 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, 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.T01-157 to read as follows:
Sec. 165.T01-157 Safety Zone: Ambrose Light, Offshore Sandy Hook, New
Jersey, Atlantic Ocean
(a) Location. The following area is a Safety Zone: All navigable
waters of the Atlantic Ocean within a 250-yard radius of Ambrose Light
(LLNR 720) at position 40[deg]27'00'' N, 073[deg]48'00'' W,
approximately 8.35 nautical miles east of Sandy Hook, NJ.
(b) Effective Dates. This regulation is effective from 12:01 a.m.
on November 5, 2007 to 11:59 p.m. on May 5, 2008.
(c) Definitions. The following definition applies to this section:
On-scene representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port,
New York.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, New York,
or his on-scene representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's on-scene representative on VHF
Channel 16 (156.8 MHz) to seek permission to do so. If permission is
granted, vessel operators must comply with all directions given to them
by the COTP or the COTP's on-scene representative.
Dated: November 6, 2007.
R.R. O'Brien,
Captain, U.S. Coast Guard, Commander, Coast Guard Sector New York.
[FR Doc. E7-22960 Filed 11-23-07; 8:45 am]
BILLING CODE 4910-15-P