[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Rules and Regulations]
[Pages 56467-56469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23177]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 /
Rules and Regulations
[[Page 56467]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0817]
RIN 1625-AA00
Safety Zone; Ocean City Beachfront Air Show, Ocean City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in an
area of the Atlantic Ocean, Ocean City, NJ. The temporary safety zone
will restrict vessel traffic from a portion of the Atlantic Ocean
during the Ocean City Beachfront Air Show, which is an aerial
demonstration to be held over the waters of the Atlantic Ocean. The
temporary safety zone is necessary to provide for the safety of
mariners on navigable waters during the aerial demonstration.
DATES: This rule is effective from 12 p.m. to 3 p.m. on September 18,
2010 and from 12 p.m. to 4 p.m. on September 19, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0817 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0817 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Corrina Ott, Chief of
Waterways Management Branch, Coast Guard; telephone 215-271-4902, e-
mail [email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM is impracticable
and contrary to the public interest. Delaying the effective date by
first publishing an NPRM and holding a comment period would be contrary
to the rule's objectives of ensuring safety of life on the navigable
waters during this air show, as immediate action is needed to protect
persons and vessels from hazards associated with air shows.
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. Any delay in the effective date of
this regulation would be contrary to the public interest as immediate
action is necessary to protect persons and vessels from hazards
associated with air shows over the water.
Basis and Purpose
On September 18-19, 2010, the Ocean City Business and Neighborhood
Development, Inc. will sponsor the Ocean City Beachfront Air Show. The
event will consist of high performance jet aircraft performing low
altitude aerial maneuvers over the waters of the Atlantic Ocean
adjacent to Ocean City, New Jersey. A fleet of spectator vessels are
expected to gather nearby to view the aerial demonstration. The
temporary zone is necessary in order to prevent injury or damage to
property from any falling object associated with the air show. This
rule is required due to the inherent dangers of high-speed aerial
maneuvers involved with these types of events.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone in the
waters of the Atlantic Ocean in Ocean City, NJ from 12 p.m. to 3 p.m.
on September 18, 2010 and from 12 p.m. to 4 p.m. on September 19, 2010.
The temporary safety zone will restrict vessel traffic in the Atlantic
Ocean in the immediate area of the Ocean City Airshow taking place
inside a boundary described as originating at 39[deg]16'28'' N,
074[deg]33'38'' W, then southeasterly to 39[deg]16'20'' N,
074[deg]33'30'' W, then southwesterly to latitude 39[deg]15'38'' N,
074[deg]34'41'' W, then northwesterly to 39[deg]15'47'' N,
074[deg]34'51'' W, then returning northeasterly to 39[deg]16'28'' N,
074[deg]33'38'' W.
During the enforcement period of the safety zone, all persons and
vessels will be prohibited from entering, transiting, mooring, or
remaining within the zone unless specifically authorized by the Captain
of the Port Delaware Bay, or designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. Due to the short duration of the safety
zone and the ability of vessel traffic to transit around the safety
zone, the regulatory impact is expected to be minimal.
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
[[Page 56468]]
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 coastal waters in the vicinity of Ocean City, New Jersey during
the event.
This safety zone 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 12 p.m. to 3 p.m.
on September 18, 2010 and from 12 p.m. to 4 p.m. on September 19, 2010.
Vessel traffic will be allowed to pass through the zone with the
permission of the Coast Guard patrol commander. Before the enforcement
period, the Coast Guard 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 offer to assist small
entities in understanding the 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 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 (adjusted for
inflation) 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 cause 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 Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction and neither an environmental assessment or
environmental impact statement is required. This rule involves a
limited-in-duration safety zone around an aerial display intended to
protect life and property on the navigable waterways of the Atlantic
Ocean. An environmental analysis checklist and a categorical exclusion
determination will be 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.
[[Page 56469]]
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, 3306,
3703; 50 U.S.C 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0817, to read as follows:
Sec. 165.T05-0817 Safety Zone; Ocean City Beachfront Air Show, Ocean
City, New Jersey.
(a) Location. The safety zone includes all coastal waters of the
North Atlantic Ocean, immediately adjacent to the shoreline at Ocean
City, NJ, inside a boundary described as originating from
39[deg]16'28'' N., 074[deg]33'38'' W., then southeasterly to
39[deg]16'20'' N., 074[deg]33'30'' W., then southwesterly to
39[deg]15'38'' N., 074[deg]34'41'' W., then northwesterly to
39[deg]15'47'' N., 074[deg]34'51'' W., then returning northeasterly to
39[deg]16'28'' N., 074[deg]33'38'' W.
(b) Regulations:
(1) Except for persons or vessels authorized by the Captain of the
Port Delaware Bay or designated representative, no person or vessels
may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall;
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(c) Definitions.
(1) Designative representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Delaware Bay to act on his or her behalf.
(2) Official Patrol means any vessel assigned or approved by
Captain of the Port Delaware Bay with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign as well as any
assisting local law enforcement vessels.
(d) Enforcement period. This rule will be enforced from 12 pm. to 3
p.m. on September 18, 2010 and from 12 p.m. to 4 p.m. on September 19,
2010.
Dated: August 30, 2010.
R.T. Gatlin,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2010-23177 Filed 9-15-10; 8:45 am]
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