80_FR_35354 80 FR 35236 - Special Local Regulations for Marine Events, Atlantic Ocean; Atlantic City, New Jersey

80 FR 35236 - Special Local Regulations for Marine Events, Atlantic Ocean; Atlantic City, New Jersey

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 118 (June 19, 2015)

Page Range35236-35239
FR Document2015-15184

The Coast Guard is temporarily changing the enforcement date of the special local regulation for the recurring OPA Atlantic City Grand Prix boat race, held in the waters of the North Atlantic Ocean, adjacent to Atlantic City, New Jersey. The change of enforcement date for the special local regulation is necessary to provide for the safety of life on navigable waters during the event. This action will restrict vessel traffic in the waters of the Atlantic Ocean adjacent to Atlantic City, New Jersey, during the event, from 10:00 a.m. to 6:00 p.m. on June 20, 2015 and June 21, 2015.

Federal Register, Volume 80 Issue 118 (Friday, June 19, 2015)
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35236-35239]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15184]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0329]
RIN 1625-AA08


Special Local Regulations for Marine Events, Atlantic Ocean; 
Atlantic City, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation for the recurring OPA Atlantic City 
Grand Prix boat race, held in the waters of the North Atlantic Ocean, 
adjacent to Atlantic City, New Jersey. The change of enforcement date 
for the special local regulation is necessary to provide for the safety 
of life on navigable waters during the event. This action will restrict 
vessel traffic in the waters of the Atlantic Ocean adjacent to Atlantic 
City, New Jersey, during the event, from 10:00 a.m. to 6:00 p.m. on 
June 20, 2015 and June 21, 2015.

DATES: This rule is effective June 20-21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0329]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851, email [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Cheryl Collins, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security

[[Page 35237]]

FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The regulation for this recurring marine event may be found at 33 
CFR 100.501, Table to Sec.  100.501, section (a), line ``4''. This 
year, the date is different than published in the Table, so this 
temporary final rule has been issued.
    The Coast Guard is issuing this 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 information about the new date was 
not received by the Coast Guard with sufficient time to publish a 
Notice of Proposed Rulemaking.
    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 for the same reason: There was not 
enough time to publish the final rule more than thirty days before the 
event date.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations.
    The purpose of this special local regulation is to provide for the 
safety of participants, spectator craft, and other vessels transiting 
the event area while the boat race is occurring.

C. Discussion of Rule

    The Coast Guard has previously published a list of annual marine 
events within the Fifth Coast Guard District and special local 
regulation locations at 33 CFR 100.501. The Table to Sec.  100.501 
identifies special local regulations by COTP zone, with the COTP 
Delaware Bay zone listed in section ``(a.)'' of the Table. The Table to 
Sec.  100.501, at section (a.) event Number ``4'', describes the 
enforcement date and regulated location for this marine event.
    The date listed in the Table has the marine event on the fourth 
Sunday of June. However, this temporary rule changes the marine event 
date to June 20, 2015 and June 21, 2015, to reflect the actual date of 
the event.
    The Coast Guard will temporarily suspend the regulation listed in 
Table to Sec.  100.501, section (a) event Number ``4'', and insert this 
temporary regulation at Table to Sec.  100.501, at section (a.) as 
event Number ``15'', in order to reflect that the special local 
regulation will be effective and enforced from 10:00 a.m. until 6:00 
p.m. on June 20, 2015 and June 21, 2015. This change is needed to 
accommodate the sponsor's event plan. No other portion of the Table to 
Sec.  100.501 or other provisions in Sec.  100.501 shall be affected by 
this regulation.
    The regulated area of this special local regulation includes all 
the waters of the North Atlantic Ocean, adjacent to Atlantic City, New 
Jersey, bounded by a line drawn between the following points: From a 
point along the shoreline at latitude 39[deg]21'50'' N, longitude 
074[deg]24'37'' W, thence southeasterly to latitude 39[deg]20'40'' N, 
longitude 074[deg]23'50'' W, thence southwesterly to latitude 
39[deg]19'33'' N, longitude 074[deg]26'52'' W, thence northwesterly to 
a point along the shoreline at latitude 39[deg]20'43'' N, longitude 
074[deg]27'40'' W, thence northeasterly along the shoreline to point of 
origin at latitude 39[deg]21'50'' N, longitude 074[deg]24'37'' W.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the marine event. Due to the need for vessel control during the 
marine event vessel traffic will be temporarily restricted to provide 
for the safety of participants, spectators and transiting vessels. 
Under provisions of 33 CFR 100.501, during the enforcement period, 
vessels may not enter the regulated area unless they receive permission 
from the Coast Guard Patrol Commander.
    The Coast Guard may assign an event patrol, as described in 33 CFR 
100.40, to each regulated event listed in the table. Additionally, a 
Patrol Commander may be assigned to oversee the patrol. The event 
patrol and Patrol Commander may be contacted on VHF-FM Channel 16. 
During the event, the Coast Guard Patrol Commander may forbid and 
control the movement of all vessels in the regulated area(s). When 
hailed or signaled by an official patrol vessel, a vessel in these 
areas shall immediately comply with the directions given. Failure to do 
so may result in expulsion from the area, citation for failure to 
comply, or both. The Coast Guard Patrol Commander may terminate the 
event, or the operation of any vessel participating in the event, at 
any time it is deemed necessary for the protection of life or property. 
Coast Guard Sector Delaware Bay will notify the public by broadcast 
notice to mariners at least one hour prior to the times of enforcement.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

 1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) The Coast Guard will make 
extensive notification of the Special local regulation to the maritime 
public via maritime advisories so mariners can alter their plans 
accordingly; (ii) vessels may still be permitted to transit through the 
special local regulation with the permission of the Captain of the Port 
on a case-by-case basis; and (iii) this rule will be enforced for only 
the duration of the boat race.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 anchor 
or transit in the waters of the North Atlantic Ocean, adjacent to 
Atlantic City, New Jersey, on June 20, 2015 and June 21, 2015 from 
10:00 a.m. to 6:00 p.m., unless cancelled earlier by the Captain of the 
Port.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reason: vessel traffic

[[Page 35238]]

will be allowed to transit through the area with permission of the 
Coast Guard Captain of the Port, Delaware Bay, or his designated 
representative and the special local regulation is limited in size and 
duration. Sector Delaware Bay will issue maritime advisories widely 
available to all waterway users.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. 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 person listed in the FOR FURTHER INFORMATION CONTACT, 
above. 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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves implementation of regulations within 33 
CFR part 100, applicable to special local regulations on the navigable 
waterways. This zone will temporarily restrict vessel traffic from 
transiting the waters of the Atlantic Ocean adjacent to Atlantic City, 
NJ, in order to protect the safety of life and property on the waters 
for the duration of the air show. This rule is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    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.

0
2. In the Table to Sec.  100.501:
0
a. Suspend line No. (a.) 4; and
0
b. Add line No. (a.) 15 to read as follows:


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *

[[Page 35239]]



----------------------------------------------------------------------------------------------------------------
     Number               Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
15..............  June-20, 21th......  OPA Atlantic City   Offshore            The waters of the North Atlantic
                                        Grand Prix.         Performance Assn.   Ocean, adjacent to Atlantic
                                                            & New Jersey        City, New Jersey, bounded by a
                                                            Offshore Racing     line drawn between the following
                                                            Assn.               points: From a point along the
                                                                                shoreline at latitude
                                                                                39[deg]21'50'' N, longitude
                                                                                074[deg]24'37'' W, thence
                                                                                southeasterly to latitude
                                                                                39[deg]20'40'' N, longitude
                                                                                074[deg]23'50'' W, thence
                                                                                southwesterly to latitude
                                                                                39[deg]19'33'' N, longitude
                                                                                074[deg]26'52'' W, thence
                                                                                northwesterly to a point along
                                                                                the shoreline at latitude
                                                                                39[deg]20'43'' N, longitude
                                                                                074[deg]27'40'' W, thence
                                                                                northeasterly along the
                                                                                shoreline to point of origin at
                                                                                latitude 39[deg]21'50'' N,.
                                                                                longitude.074[deg]24'37'' W.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-15184 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P



                                             35236                Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations

                                             of all participants and beneficiaries whose                • The Plan’s annual funding notices for the         DEPARTMENT OF HOMELAND
                                             benefits exceed the PBGC-guaranteed amount              last six years;                                        SECURITY
                                             would be reduced to the PBGC-guaranteed                    • Actuarial reports (including reports
                                             amount.                                                 submitted in support of the application for            Coast Guard
                                             What is PBGC’s multiemployer plan                       partition) furnished to the Plan within the
                                             guarantee?                                              last six years;                                        33 CFR Part 100
                                                Federal law sets the maximum that PBGC                  • The Plan’s current rehabilitation plan,
                                                                                                                                                            [Docket Number USCG–2015–0329]
                                             may guarantee. For multiemployer plan                   including contribution schedules; and
                                             benefits, PBGC guarantees a monthly benefit                • Any quarterly, semi-annual or annual              RIN 1625–AA08
                                             payment equal to 100 percent of the first $11           financial reports prepared for the Plan by an
                                             of the Plan’s monthly benefit accrual rate,             investment manager, fiduciary or other                 Special Local Regulations for Marine
                                             plus 75 percent of the next $33 of the accrual          advisor and furnished to the Plan within the           Events, Atlantic Ocean; Atlantic City,
                                             rate, times each year of credited service.              last six years.                                        New Jersey
                                             PBGC’s maximum guarantee, therefore, is                    If your benefits are transferred to the
                                             $35.75 per month times a participant’s years            successor plan, you will be furnished a
                                                                                                                                                            AGENCY:    Coast Guard, DHS.
                                             of credited service.                                    successor plan SPD within 120 days of the              ACTION:   Temporary Final Rule.
                                                PBGC guarantees vested pension benefits              partition; and the plan document, trust
                                             payable at normal retirement age, early                                                                        SUMMARY:   The Coast Guard is
                                                                                                     agreement, and other documents governing
                                             retirement benefits, and certain survivor
                                                                                                     the successor plan will be available for
                                                                                                                                                            temporarily changing the enforcement
                                             benefits, if the participant met the eligibility                                                               date of the special local regulation for
                                             requirements for a benefit before plan                  review following the partition.
                                                                                                        The plan administrator must respond to              the recurring OPA Atlantic City Grand
                                             termination or insolvency. A benefit or                                                                        Prix boat race, held in the waters of the
                                             benefit increase that has been in effect for            your request for these documents within 30
                                                                                                     days, and may charge you the cost per page             North Atlantic Ocean, adjacent to
                                             less than 60 months is not eligible for PBGC’s
                                             guarantee. PBGC also does not guarantee                 for the least expensive means of reproducing           Atlantic City, New Jersey. The change of
                                             benefits above the normal retirement benefit,           documents, but cannot charge more than 25              enforcement date for the special local
                                             disability benefits not in pay status, or non-          cents per page. The Plan’s Form 5500 annual            regulation is necessary to provide for
                                             pension benefits, such as health insurance,             reports are also available free of charge at           the safety of life on navigable waters
                                             life insurance, death benefits, vacation pay,           http://www.dol.gov/ebsa/5500main.html.                 during the event. This action will
                                             or severance pay.                                       Some of the documents also may be available            restrict vessel traffic in the waters of the
                                             How will I know when PBGC has made a                    for examination, without charge, at the plan           Atlantic Ocean adjacent to Atlantic City,
                                             decision on the application for partition?              administrator’s office, your worksite, or              New Jersey, during the event, from
                                                If PBGC approves the Board of Trustees’              union hall.                                            10:00 a.m. to 6:00 p.m. on June 20, 2015
                                             application for partition, PBGC will issue a                                                                   and June 21, 2015.
                                                                                                     Plan Contact Information
                                             notice to affected participants and                                                                            DATES: This rule is effective June 20–21,
                                             beneficiaries whose benefits will be                       For more information about this Notice,             2015.
                                             transferred to the successor plan no later than         you may contact:
                                                                                                                                                            ADDRESSES: Documents mentioned in
                                             14 days after it issues the order of partition.         [Insert Name of Plan Administrator, address,
                                             You may also visit www.pbgc.gov/MPRA for                                                                       this preamble are part of docket [USCG–
                                                                                                        email address, and phone number]                    2015–0329]. To view documents
                                             a list of applications for partition received by
                                             PBGC and the status of those applications.              PBGC Contact Information                               mentioned in this preamble as being
                                                                                                     Multiemployer Program Division, PBGC,
                                                                                                                                                            available in the docket, go to http://
                                             How do I obtain information on the
                                                                                                       1200 K Street NW., Washington, DC
                                                                                                                                                            www.regulations.gov, type the docket
                                             application for approval to reduce benefits?
                                                                                                       20005–4026                                           number in the ‘‘SEARCH’’ box and click
                                               The application for approval of the                                                                          ‘‘SEARCH.’’ Click on Open Docket
                                             proposed reduction of benefits will be                  Email: Multiemployerprogram@pbgc.gov
                                                                                                     Phone: (202) 326–4000 x6535                            Folder on the line associated with this
                                             publicly available within 30 days after the
                                             Treasury Department receives the                                                                               rulemaking. You may also visit the
                                                                                                     PBGC Participant and Plan Sponsor                      Docket Management Facility in Room
                                             application. See www.treasury.gov for a copy
                                                                                                     Advocate Contact Information                           W12–140 on the ground floor of the
                                             of the application, instructions on how to
                                             send comments on the application, and how               Constance Donovan, PBGC, 1200 K Street                 Department of Transportation West
                                             to contact the Treasury Department for                    NW., Washington, DC 20005–4026                       Building, 1200 New Jersey Avenue SE.,
                                             further information and assistance.                     Email: Advocate@pbgc.gov                               Washington, DC 20590, between 9 a.m.
                                             Your Rights To Receive Information About                Phone: (202) 326–4488                                  and 5 p.m., Monday through Friday,
                                             Your Plan and its Benefits                                Issued in Washington, DC, this 10th day of           except Federal holidays.
                                                Your Plan’s Summary Plan Description                 June, 2015.                                            FOR FURTHER INFORMATION CONTACT: If
                                             (‘‘SPD’’) will include information on the               Alice C. Maroni,                                       you have questions on this rule, call or
                                             procedures for claiming benefits, which will                                                                   email Lieutenant Brennan Dougherty,
                                             apply to both the original and successor                Acting Director, Pension Benefit Guaranty
                                                                                                                                                            U.S. Coast Guard, Sector Delaware Bay,
                                             plans until the Plan provides you a new SPD.            Corporation.
                                                                                                                                                            Chief Waterways Management Division,
                                             You also have the legal right to request                [FR Doc. 2015–14930 Filed 6–17–15; 11:15 am]
                                                                                                                                                            Coast Guard; telephone (215) 271–4851,
                                             documents from the original plan to help you            BILLING CODE 7709–02–P                                 email Brennan.P.Dougherty@uscg.mil. If
                                             understand the partition and your rights such
                                             as:                                                                                                            you have questions on viewing or
                                                • The plan document, trust agreement, and                                                                   submitting material to the docket, call
                                             other documents governing the Plan (e.g.,                                                                      Cheryl Collins, Program Manager,
rmajette on DSK2TPTVN1PROD with RULES




                                             collective bargaining agreements);                                                                             Docket Operations, telephone (202)
                                                • The latest SPD and summaries of                                                                           366–9826.
                                             material modification;                                                                                         SUPPLEMENTARY INFORMATION:
                                                • The Plan’s Form 5500 annual reports,
                                             including audited financial statements, filed                                                                  Table of Acronyms
                                             with the U.S. Department of Labor during the
                                             last six years;                                                                                                DHS     Department of Homeland Security



                                        VerDate Sep<11>2014   15:11 Jun 18, 2015   Jkt 235001   PO 00000   Frm 00060   Fmt 4700   Sfmt 4700   E:\FR\FM\19JNR1.SGM   19JNR1


                                                                  Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations                                          35237

                                             FR Federal Register                                     changes the marine event date to June                  Bay will notify the public by broadcast
                                             NPRM Notice of Proposed Rulemaking                      20, 2015 and June 21, 2015, to reflect                 notice to mariners at least one hour
                                             COTP Captain of the Port                                the actual date of the event.                          prior to the times of enforcement.
                                                                                                        The Coast Guard will temporarily
                                             A. Regulatory History and Information                   suspend the regulation listed in Table to              D. Regulatory Analyses
                                                The regulation for this recurring                    § 100.501, section (a) event Number ‘‘4’’,               We developed this rule after
                                             marine event may be found at 33 CFR                     and insert this temporary regulation at                considering numerous statutes and
                                             100.501, Table to § 100.501, section (a),               Table to § 100.501, at section (a.) as                 executive orders related to rulemaking.
                                             line ‘‘4’’. This year, the date is different            event Number ‘‘15’’, in order to reflect               Below we summarize our analyses
                                             than published in the Table, so this                    that the special local regulation will be              based on a number of these statutes or
                                             temporary final rule has been issued.                   effective and enforced from 10:00 a.m.                 executive orders.
                                                The Coast Guard is issuing this final                until 6:00 p.m. on June 20, 2015 and                   1. Regulatory Planning and Review
                                             rule without prior notice and                           June 21, 2015. This change is needed to
                                             opportunity to comment pursuant to                      accommodate the sponsor’s event plan.                     This rule is not a significant
                                             authority under section 4(a) of the                     No other portion of the Table to                       regulatory action under section 3(f) of
                                             Administrative Procedure Act (APA) (5                   § 100.501 or other provisions in                       Executive Order 12866, Regulatory
                                             U.S.C. 553(b)). This provision                          § 100.501 shall be affected by this                    Planning and Review, as supplemented
                                             authorizes an agency to issue a rule                    regulation.                                            by Executive Order 13563, Improving
                                             without prior notice and opportunity to                    The regulated area of this special local            Regulation and Regulatory Review, and
                                             comment when the agency for good                        regulation includes all the waters of the              does not require an assessment of
                                             cause finds that those procedures are                   North Atlantic Ocean, adjacent to                      potential costs and benefits under
                                             ‘‘impracticable, unnecessary, or contrary               Atlantic City, New Jersey, bounded by a                section 6(a)(3) of Executive Order 12866
                                             to the public interest.’’ Under 5 U.S.C.                line drawn between the following                       or under section 1 of Executive Order
                                             553(b)(B), the Coast Guard finds that                   points: From a point along the shoreline               13563. The Office of Management and
                                             good cause exists for not publishing a                  at latitude 39°21′50″ N, longitude                     Budget has not reviewed it under those
                                             notice of proposed rulemaking (NPRM)                    074°24′37″ W, thence southeasterly to                  Orders. Although this regulation will
                                             with respect to this rule because                       latitude 39°20′40″ N, longitude                        restrict access to the regulated area, the
                                             information about the new date was not                  074°23′50″ W, thence southwesterly to                  effect of this rule will not be significant
                                             received by the Coast Guard with                        latitude 39°19′33″ N, longitude                        because: (i) The Coast Guard will make
                                             sufficient time to publish a Notice of                  074°26′52″ W, thence northwesterly to a                extensive notification of the Special
                                             Proposed Rulemaking.                                    point along the shoreline at latitude                  local regulation to the maritime public
                                                Under 5 U.S.C. 553(d)(3), the Coast                  39°20′43″ N, longitude 074°27′40″ W,                   via maritime advisories so mariners can
                                             Guard finds that good cause exists for                  thence northeasterly along the shoreline               alter their plans accordingly; (ii) vessels
                                             making this rule effective less than 30                 to point of origin at latitude 39°21′50″               may still be permitted to transit through
                                             days after publication in the Federal                   N, longitude 074°24′37″ W.                             the special local regulation with the
                                             Register for the same reason: There was                    A fleet of spectator vessels is                     permission of the Captain of the Port on
                                             not enough time to publish the final rule               anticipated to gather nearby to view the               a case-by-case basis; and (iii) this rule
                                             more than thirty days before the event                  marine event. Due to the need for vessel               will be enforced for only the duration of
                                             date.                                                   control during the marine event vessel                 the boat race.
                                                                                                     traffic will be temporarily restricted to
                                             B. Basis and Purpose                                    provide for the safety of participants,                2. Impact on Small Entities
                                               The legal basis and authorities for this              spectators and transiting vessels. Under                  The Regulatory Flexibility Act of 1980
                                             rulemaking establishing a special local                 provisions of 33 CFR 100.501, during                   (RFA), 5 U.S.C. 601–612, as amended,
                                             regulation are found in 33 U.S.C. 1233,                 the enforcement period, vessels may not                requires federal agencies to consider the
                                             which authorize the Coast Guard to                      enter the regulated area unless they                   potential impact of regulations on small
                                             establish and define special local                      receive permission from the Coast                      entities during rulemaking. The term
                                             regulations.                                            Guard Patrol Commander.                                ‘‘small entities’’ comprises small
                                               The purpose of this special local                        The Coast Guard may assign an event                 businesses, not-for-profit organizations
                                             regulation is to provide for the safety of              patrol, as described in 33 CFR 100.40,                 that are independently owned and
                                             participants, spectator craft, and other                to each regulated event listed in the                  operated and are not dominant in their
                                             vessels transiting the event area while                 table. Additionally, a Patrol Commander                fields, and governmental jurisdictions
                                             the boat race is occurring.                             may be assigned to oversee the patrol.                 with populations of less than 50,000.
                                                                                                     The event patrol and Patrol Commander                  The Coast Guard certifies under 5 U.S.C.
                                             C. Discussion of Rule                                   may be contacted on VHF–FM Channel                     605(b) that this rule will not have a
                                                The Coast Guard has previously                       16. During the event, the Coast Guard                  significant economic impact on a
                                             published a list of annual marine events                Patrol Commander may forbid and                        substantial number of small entities.
                                             within the Fifth Coast Guard District                   control the movement of all vessels in                    This rule will affect the following
                                             and special local regulation locations at               the regulated area(s). When hailed or                  entities, some of which may be small
                                             33 CFR 100.501. The Table to § 100.501                  signaled by an official patrol vessel, a               entities: the owners or operators of
                                             identifies special local regulations by                 vessel in these areas shall immediately                vessels intending to anchor or transit in
                                             COTP zone, with the COTP Delaware                       comply with the directions given.                      the waters of the North Atlantic Ocean,
                                             Bay zone listed in section ‘‘(a.)’’ of the              Failure to do so may result in expulsion               adjacent to Atlantic City, New Jersey, on
                                                                                                     from the area, citation for failure to
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                                             Table. The Table to § 100.501, at section                                                                      June 20, 2015 and June 21, 2015 from
                                             (a.) event Number ‘‘4’’, describes the                  comply, or both. The Coast Guard Patrol                10:00 a.m. to 6:00 p.m., unless cancelled
                                             enforcement date and regulated location                 Commander may terminate the event, or                  earlier by the Captain of the Port.
                                             for this marine event.                                  the operation of any vessel participating                 This special local regulation will not
                                                The date listed in the Table has the                 in the event, at any time it is deemed                 have a significant economic impact on
                                             marine event on the fourth Sunday of                    necessary for the protection of life or                a substantial number of small entities
                                             June. However, this temporary rule                      property. Coast Guard Sector Delaware                  for the following reason: vessel traffic


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                                             35238                Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations

                                             will be allowed to transit through the                  7. Unfunded Mandates Reform Act                        consider the use of voluntary consensus
                                             area with permission of the Coast Guard                   The Unfunded Mandates Reform Act                     standards.
                                             Captain of the Port, Delaware Bay, or his               of 1995 (2 U.S.C. 1531–1538) requires                  14. Environment
                                             designated representative and the                       Federal agencies to assess the effects of
                                             special local regulation is limited in size             their discretionary regulatory actions. In               We have analyzed this rule under
                                             and duration. Sector Delaware Bay will                  particular, the Act addresses actions                  Department of Homeland Security
                                             issue maritime advisories widely                        that may result in the expenditure by a                Management Directive 023–01 and
                                             available to all waterway users.                        State, local, or tribal government, in the             Commandant Instruction M16475.lD,
                                                If you think that your business,                     aggregate, or by the private sector of                 which guide the Coast Guard in
                                             organization, or governmental                           $100,000,000 (adjusted for inflation) or               complying with the National
                                             jurisdiction qualifies as a small entity                more in any one year. Though this rule                 Environmental Policy Act of 1969
                                             and that this rule would have a                         would not result in such expenditure,                  (NEPA) (42 U.S.C. 4321–4370f), and
                                             significant economic impact on it,                      we do discuss the effects of this rule                 have determined that this action is one
                                             please submit a comment (see                            elsewhere in this preamble.                            of a category of actions that do not
                                             ADDRESSES) explaining why you think it                                                                         individually or cumulatively have a
                                             qualifies and how and to what degree                    8. Taking of Private Property                          significant effect on the human
                                             this rule would economically affect it.                   This rule would not cause a taking of                environment. This rule involves
                                                                                                     private property or otherwise have                     implementation of regulations within 33
                                             3. Assistance for Small Entities
                                                                                                     taking implications under Executive                    CFR part 100, applicable to special local
                                                Under section 213(a) of the Small                    Order 12630, Governmental Actions and                  regulations on the navigable waterways.
                                             Business Regulatory Enforcement                         Interference with Constitutionally                     This zone will temporarily restrict
                                             Fairness Act of 1996 (Public Law 104–                   Protected Property Rights.                             vessel traffic from transiting the waters
                                             121), we want to assist small entities in                                                                      of the Atlantic Ocean adjacent to
                                             understanding this rule. If the rule                    9. Civil Justice Reform                                Atlantic City, NJ, in order to protect the
                                             would affect your small business,                         This rule meets applicable standards                 safety of life and property on the waters
                                             organization, or governmental                           in sections 3(a) and 3(b)(2) of Executive              for the duration of the air show. This
                                             jurisdiction and you have questions                     Order 12988, Civil Justice Reform, to                  rule is categorically excluded from
                                             concerning its provisions or options for                minimize litigation, eliminate                         further review under paragraph 34(h) of
                                             compliance, please contact the person                   ambiguity, and reduce burden.                          Figure 2–1 of the Commandant
                                             listed in the FOR FURTHER INFORMATION                                                                          Instruction. A preliminary
                                             CONTACT, above. The Coast Guard will                    10. Protection of Children From                        environmental analysis checklist
                                             not retaliate against small entities that               Environmental Health Risks                             supporting this determination and a
                                             question or complain about this rule or                   We have analyzed this rule under                     Categorical Exclusion Determination are
                                             any policy or action of the Coast Guard.                Executive Order 13045, Protection of                   available in the docket where indicated
                                             4. Collection of Information                            Children from Environmental Health                     under ADDRESSES. We seek any
                                                                                                     Risks and Safety Risks. This rule is not               comments or information that may lead
                                               This rule will not call for a new                     an economically significant rule and                   to the discovery of a significant
                                             collection of information under the                     would not create an environmental risk                 environmental impact from this rule.
                                             Paperwork Reduction Act of 1995 (44                     to health or risk to safety that might
                                             U.S.C. 3501–3520.).                                     disproportionately affect children.                    List of Subjects in 33 CFR Part 100
                                             5. Federalism                                           11. Indian Tribal Governments                            Marine safety, Navigation (water),
                                                                                                                                                            Reporting and recordkeeping
                                                A rule has implications for federalism                  This rule does not have tribal                      requirements, Security measures,
                                             under Executive Order 13132,                            implications under Executive Order                     Waterways.
                                             Federalism, if it has a substantial direct              13175, Consultation and Coordination
                                             effect on the States, on the relationship               with Indian Tribal Governments,                          For the reasons discussed in the
                                             between the national government and                     because it would not have a substantial                preamble, the Coast Guard amends 33
                                             the States, or on the distribution of                   direct effect on one or more Indian                    CFR part 100 as follows:
                                             power and responsibilities among the                    tribes, on the relationship between the                PART 100—SAFETY OF LIFE ON
                                             various levels of government. We have                   Federal Government and Indian tribes,                  NAVIGABLE WATERS
                                             analyzed this rule under that Order and                 or on the distribution of power and
                                             determined that this rule does not have                 responsibilities between the Federal                   ■ 1. The authority citation for part 100
                                             implications for federalism.                            Government and Indian tribes.                          continues to read as follows:
                                             6. Protest Activities                                   12. Energy Effects                                         Authority: 33 U.S.C. 1233.
                                               The Coast Guard respects the First                      This rule is not a ‘‘significant energy              ■ 2. In the Table to § 100.501:
                                             Amendment rights of protesters.                         action’’ under Executive Order 13211,                  ■ a. Suspend line No. (a.) 4; and
                                             Protesters are asked to contact the                     Actions Concerning Regulations That                    ■ b. Add line No. (a.) 15 to read as
                                             person listed in the FOR FURTHER                        Significantly Affect Energy Supply,                    follows:
                                             INFORMATION CONTACT section to                          Distribution, or Use.
                                             coordinate protest activities so that your                                                                     § 100.501 Special Local Regulations;
                                             message can be received without                         13. Technical Standards                                Marine Events in the Fifth Coast Guard
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                                             jeopardizing the safety or security of                    This rule does not use technical                     District.
                                             people, places or vessels.                              standards. Therefore, we did not                       *       *     *     *     *




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                                                                           Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations                                                          35239

                                                Number                       Date                        Event                     Sponsor                                                   Location

                                                                                                              (a.) Coast Guard Sector Delaware Bay—COTP Zone



                                                                      *                          *                   *                   *                           *                   *                   *
                                             15 ................   June-20, 21th ............... OPA Atlantic City         Offshore Performance             The waters of the North Atlantic Ocean, adjacent to Atlantic City, New
                                                                                                   Grand Prix.               Assn. & New Jersey               Jersey, bounded by a line drawn between the following points: From
                                                                                                                             Offshore Racing                  a point along the shoreline at latitude 39°21′50″ N, longitude
                                                                                                                             Assn.                            074°24′37″ W, thence southeasterly to latitude 39°20′40″ N, lon-
                                                                                                                                                              gitude 074°23′50″ W, thence southwesterly to latitude 39°19′33″ N,
                                                                                                                                                              longitude 074°26′52″ W, thence northwesterly to a point along the
                                                                                                                                                              shoreline at latitude 39°20′43″ N, longitude 074°27′40″ W, thence
                                                                                                                                                              northeasterly along the shoreline to point of origin at latitude
                                                                                                                                                              39°21′50″ N,. longitude.074°24′37″ W.

                                                                       *                      *                      *                      *                       *                    *                   *



                                               Dated: June 2, 2015.                                           ADDRESSES:   Documents mentioned in                            information about the event until April
                                             B.A. Cooper,                                                     this preamble are part of docket USCG–                         23, 2015. As a result, the Coast Guard
                                             Captain, U.S. Coast Guard, Captain of the                        2014–0340. To view documents                                   did not have sufficient time to publish
                                             Port Delaware Bay.                                               mentioned in this preamble as being                            a notice of proposed rulemaking and to
                                             [FR Doc. 2015–15184 Filed 6–18–15; 8:45 am]                      available in the docket, go to http://                         receive public comments prior to the
                                             BILLING CODE 9110–04–P                                           www.regulations.gov, type the docket                           event. Any delay in the effective date of
                                                                                                              number in the ‘‘SEARCH’’ box and click                         this rule would be contrary to the public
                                                                                                              ‘‘SEARCH.’’ Click on Open Docket                               interest because immediate action is
                                             DEPARTMENT OF HOMELAND                                           Folder on the line associated with this                        needed to minimize potential danger to
                                             SECURITY                                                         rulemaking. You may also visit the                             the race participants, spectators and the
                                                                                                              Docket Management Facility in Room                             general public.
                                             Coast Guard                                                      W12–140 on the ground floor of the
                                                                                                                                                                             B. Basis and Purpose
                                                                                                              Department of Transportation West
                                             33 CFR Part 100                                                  Building, 1200 New Jersey Avenue SE.,                            The legal basis for the rule is the
                                                                                                              Washington, DC 20590, between 9 a.m.                           Coast Guard’s authority to establish
                                             [Docket Number USCG–2015–0340]
                                                                                                              and 5 p.m., Monday through Friday,                             special local regulations: 33 U.S.C.
                                             RIN 1625–AA08                                                    except Federal holidays.                                       1233. The purpose of the rule is to
                                                                                                              FOR FURTHER INFORMATION CONTACT: If                            ensure safety of life and property on
                                             Special Local Regulations; Grand                                 you have questions on this rule, call or                       navigable waters of the United States
                                             National Drag Boat Races, Atlantic                               email Chief Warrant Officer Christopher                        during the Grand National Drag Boat
                                             Intracoastal Waterway; Bucksport, SC                             Ruleman, Sector Charleston Waterways                           Races.
                                             AGENCY:        Coast Guard, DHS.                                 Management, U.S. Coast Guard;                                  C. Discussion of Rule
                                             ACTION:       Temporary final rule.                              telephone (843) 740–3184, email
                                                                                                              christopher.l.ruleman@uscg.mil. If you                            On Saturday, June 20, 2015, and
                                                                                                              have questions on viewing the docket,                          Sunday, June 21, 2015, the Bucksport
                                             SUMMARY:   The Coast Guard is
                                                                                                              call Barbara Hairston, Program Manager,                        Marina will host Grand National Drag
                                             establishing a special local regulation on
                                                                                                              Docket Operations, telephone 202–366–                          Boat Races, a series of high-speed boat
                                             the Atlantic Intracoastal Waterway in
                                                                                                              9826.                                                          races. The event will be held on a
                                             Bucksport, South Carolina during the
                                                                                                                                                                             portion of the Atlantic Intracoastal
                                             Grand National Drag Boat Races, a series                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                                             Waterway in Bucksport, South Carolina.
                                             of high-speed boat races. The event will                         Table of Acronyms                                              Approximately 30 high-speed race boats
                                             take place on Saturday, June 20, 2015
                                                                                                              DHS Department of Homeland Security                            are anticipated to participate in the
                                             and Sunday, June 21, 2015.
                                                                                                              FR Federal Register                                            races.
                                             Approximately 30 high-speed race boats                                                                                             The special local regulation
                                             are anticipated to participate in the                            A. Regulatory History and Information                          encompasses certain waters of the
                                             races. This special local regulation is                                                                                         Atlantic Intracoastal Waterway in
                                                                                                                 The Coast Guard is issuing this
                                             necessary to provide for the safety of life                                                                                     Bucksport, South Carolina. The special
                                                                                                              temporary final rule without prior
                                             and property on navigable waters of the                                                                                         local regulation will be enforced daily
                                                                                                              notice and opportunity to comment
                                             United States during the event. This                                                                                            from 9 a.m. until 7 p.m. on June 20,
                                                                                                              pursuant to authority under section 4(a)
                                             special local regulation will temporarily                        of the Administrative Procedure Act                            2015 and June 21, 2015. The special
                                             restrict vessel traffic in a portion of the                      (APA) (5 U.S.C. 553(b)). This provision                        local regulation consists of a regulated
                                             Atlantic Intracoastal Waterway. Persons                          authorizes an agency to issue a rule                           area around vessels participating in the
                                             and vessels that are not participating in                        without prior notice and opportunity to                        event. Persons and vessels that are not
                                             the races will be prohibited from                                comment when the agency for good                               participating in the event are prohibited
                                             entering, transiting through, anchoring                          cause finds that those procedures are                          from entering, transiting through,
                                             in, or remaining within the regulated                            ‘‘impracticable, unnecessary, or contrary                      anchoring in, or remaining within the
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                                             area unless authorized by the Captain of                         to the public interest.’’ Under 5 U.S.C.                       regulated area unless specifically
                                             the Port Charleston or a designated                              553(b)(B), the Coast Guard finds that                          authorized by the Captain of the Port
                                             representative.                                                  good cause exists for not publishing a                         Charleston or a designated
                                             DATES: This rule is effective on June 20                         notice of proposed rulemaking with                             representative. Persons and vessels may
                                             and June 21, 2015. This rule will be                             respect to this rule because the Coast                         request authorization to enter, transit
                                             enforced daily from 9 a.m. until 7 p.m.                          Guard did not receive necessary                                through, anchor in, or remain within the


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Document Created: 2018-02-22 11:10:29
Document Modified: 2018-02-22 11:10:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary Final Rule.
DatesThis rule is effective June 20-21, 2015.
ContactIf you have questions on this rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271-4851, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 35236 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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