80_FR_35399 80 FR 35281 - Special Local Regulations for Marine Events, Manasquan River; Seaside Park, New Jersey

80 FR 35281 - Special Local Regulations for Marine Events, Manasquan River; Seaside Park, New Jersey

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range35281-35284
FR Document2015-15185

The Coast Guard is temporarily changing the enforcement date of the special local regulation for the recurring New Jersey Offshore Grand Prix, held in the waters of the Manasquan River and Atlantic Ocean, near Seaside Park, 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 Manasquan River and Atlantic Ocean near Seaside Park, New Jersey, from 10 a.m. to 5 p.m. on July 9, 2015, and July 10, 2015.

Federal Register, Volume 80 Issue 118 (Friday, June 19, 2015)
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Proposed Rules]
[Pages 35281-35284]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15185]



[[Page 35281]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0328]
RIN 1625-AA08


Special Local Regulations for Marine Events, Manasquan River; 
Seaside Park, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation for the recurring New Jersey Offshore 
Grand Prix, held in the waters of the Manasquan River and Atlantic 
Ocean, near Seaside Park, 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 Manasquan River and Atlantic Ocean 
near Seaside Park, New Jersey, from 10 a.m. to 5 p.m. on July 9, 2015, 
and July 10, 2015.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 26, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0328] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0328) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The regulation for this marine event may be found at 33 CFR 
100.501, Table to Sec.  100.501, section (a), line ``7''.

C. 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 Grand Prix is occurring.

D. Discussion of Proposed 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 ``7'', describes the 
enforcement date and regulated location for this marine event.

[[Page 35282]]

    The date listed in the Table has the marine event on the third 
Wednesday and Thursday of July. However, this temporary rule changes 
the marine event date to July 9, 2015 and July 10, 2015, to reflect the 
actual date of the event for this year.
    The Coast Guard proposes to temporarily suspend the regulation 
listed in Table to Sec.  100.501, section (a) event Number ``7'', 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 5:00 
p.m. on July 9, 2015 and July 10, 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 Manasquan River from the New York and Long Branch 
Railroad Bridge to Manasquan Inlet, together with all of the navigable 
waters of the United States from Asbury Park, New Jersey, latitude 
40[deg]14'00'' N; southward to Seaside Park, New Jersey latitude 
39[deg]55'00'' N, from the New Jersey shoreline seaward to the limits 
of the Territorial Sea as defined in 33 CFR 2.22.
    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.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to anchor or transit along a portion of Manasquan River and 
Inlet, as well as the New Jersey shore from Ashbury Park and Seaside 
Park, New Jersey to the Territorial seas, on July 9, 2015 and July 10, 
2015 from 10:00 a.m. to 5:00 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 will be allowed to pass through the zone 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. The Coast Guard 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 propose 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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 proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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.

[[Page 35283]]

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 proposed 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 proposed 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed 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 proposed 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 Ocean 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 proposes 
to amend 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, suspend lines No. (a.)7; and
0
3. Add line No. (a.)15 to the Table to Sec.  100.501 to read as 
follows:
* * * * *

                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
       No.                Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
15..............  July 9th, 10th.....  New Jersey          Offshore            The waters of the Manasquan River
                                        Offshore Grand      Performance Assn.   from the New York and Long
                                        Prix.               & New Jersey        Branch Railroad Bridge to
                                                            Offshore Racing     Manasquan Inlet, toget- with all
                                                            Assn.               of the navigable waters of the
                                                                                United States from Asbury Park,
                                                                                New Jersey, latitude
                                                                                40[deg]14'00'' N; southward to
                                                                                Seaside Park, New Jersey
                                                                                latitude 39[deg]55'00'' N, from
                                                                                the New Jersey shoreline seaward
                                                                                to the limits of the Territorial
                                                                                Sea. The race course area
                                                                                extends from Asbury Park to
                                                                                Seaside Park from the shoreline,
                                                                                seaward to a distance of 8.4
                                                                                nautical miles.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-15185 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules                                           35281

                                                 DEPARTMENT OF HOMELAND                                  Docket Operations, telephone (202)                     2. Viewing Comments and Documents
                                                 SECURITY                                                366–9826.                                                 To view comments, as well as
                                                                                                         SUPPLEMENTARY INFORMATION:                             documents mentioned in this preamble
                                                 Coast Guard
                                                                                                                                                                as being available in the docket, go to
                                                                                                         Table of Acronyms                                      http://www.regulations.gov, type the
                                                 33 CFR Part 100
                                                                                                         DHS Department of Homeland Security                    docket number (USCG–2015–0328) in
                                                 [Docket Number USCG–2015–0328]                          FR Federal Register                                    the ‘‘SEARCH’’ box and click
                                                                                                         NPRM Notice of Proposed Rulemaking                     ‘‘SEARCH.’’ Click on Open Docket
                                                 RIN 1625–AA08                                           COTP Captain of the Port                               Folder on the line associated with this
                                                 Special Local Regulations for Marine                    A. Public Participation and Request for                rulemaking. You may also visit the
                                                 Events, Manasquan River; Seaside                        Comments                                               Docket Management Facility in Room
                                                 Park, New Jersey                                                                                               W12–140 on the ground floor of the
                                                                                                           We encourage you to participate in                   Department of Transportation West
                                                 AGENCY: Coast Guard, DHS.                               this rulemaking by submitting                          Building, 1200 New Jersey Avenue SE.,
                                                 ACTION: Notice of proposed rulemaking.                  comments and related materials. All                    Washington, DC 20590, between 9 a.m.
                                                                                                         comments received will be posted                       and 5 p.m., Monday through Friday,
                                                 SUMMARY:    The Coast Guard is                          without change to http://                              except Federal holidays.
                                                 temporarily changing the enforcement                    www.regulations.gov and will include
                                                 date of the special local regulation for                any personal information you have                      3. Privacy Act
                                                 the recurring New Jersey Offshore Grand                 provided.                                                Anyone can search the electronic
                                                 Prix, held in the waters of the                                                                                form of comments received into any of
                                                 Manasquan River and Atlantic Ocean,                     1. Submitting Comments
                                                                                                                                                                our dockets by the name of the
                                                 near Seaside Park, New Jersey. The                                                                             individual submitting the comment (or
                                                 change of enforcement date for the                         If you submit a comment, please
                                                                                                         include the docket number for this                     signing the comment, if submitted on
                                                 special local regulation is necessary to                                                                       behalf of an association, business, labor
                                                 provide for the safety of life on                       rulemaking, indicate the specific section
                                                                                                         of this document to which each                         union, etc.). You may review a Privacy
                                                 navigable waters during the event. This                                                                        Act notice regarding our public dockets
                                                 action will restrict vessel traffic in the              comment applies, and provide a reason
                                                                                                         for each suggestion or recommendation.                 in the January 17, 2008, issue of the
                                                 waters of the Manasquan River and                                                                              Federal Register (73 FR 3316).
                                                 Atlantic Ocean near Seaside Park, New                   You may submit your comments and
                                                 Jersey, from 10 a.m. to 5 p.m. on July                  material online at http://                             4. Public Meeting
                                                 9, 2015, and July 10, 2015.                             www.regulations.gov, or by fax, mail, or
                                                                                                         hand delivery, but please use only one                    We do not now plan to hold a public
                                                 DATES: Comments and related material                                                                           meeting. If we determine that one would
                                                                                                         of these means. If you submit a
                                                 must be received by the Coast Guard on                                                                         aid this rulemaking, we will hold one at
                                                                                                         comment online, it will be considered
                                                 or before June 26, 2015.                                                                                       a time and place announced by a later
                                                                                                         received by the Coast Guard when you
                                                 ADDRESSES: You may submit comments                      successfully transmit the comment. If                  notice in the Federal Register.
                                                 identified by docket number using any                   you fax, hand deliver, or mail your
                                                 one of the following methods:                                                                                  B. Regulatory History and Information
                                                                                                         comment, it will be considered as
                                                    (1) Federal eRulemaking Portal:                      having been received by the Coast                        The regulation for this marine event
                                                 http://www.regulations.gov.                             Guard when it is received at the Docket                may be found at 33 CFR 100.501, Table
                                                    (2) Fax: 202–493–2251.                               Management Facility. We recommend                      to § 100.501, section (a), line ‘‘7’’.
                                                    (3) Mail or Delivery: Docket
                                                                                                         that you include your name and a                       C. Basis and Purpose
                                                 Management Facility (M–30), U.S.
                                                                                                         mailing address, an email address, or a
                                                 Department of Transportation, West                                                                               The legal basis and authorities for this
                                                                                                         telephone number in the body of your
                                                 Building Ground Floor, Room W12–140,                                                                           rulemaking establishing a special local
                                                                                                         document so that we can contact you if
                                                 1200 New Jersey Avenue SE.,                                                                                    regulation are found in 33 U.S.C. 1233,
                                                                                                         we have questions regarding your
                                                 Washington, DC 20590–0001. Deliveries                                                                          which authorize the Coast Guard to
                                                                                                         submission.
                                                 accepted between 9 a.m. and 5 p.m.,                                                                            establish and define special local
                                                 Monday through Friday, except federal                      To submit your comment online, go to                regulations.
                                                 holidays. The telephone number is 202–                  http://www.regulations.gov, type the                     The purpose of this special local
                                                 366–9329.                                               docket number [USCG–2015–0328] in                      regulation is to provide for the safety of
                                                    See the ‘‘Public Participation and                   the ‘‘SEARCH’’ box and click                           participants, spectator craft, and other
                                                 Request for Comments’’ portion of the                   ‘‘SEARCH.’’ Click on ‘‘Submit a                        vessels transiting the event area while
                                                 SUPPLEMENTARY INFORMATION section                       Comment’’ on the line associated with                  the Grand Prix is occurring.
                                                 below for further instructions on                       this rulemaking.
                                                 submitting comments. To avoid                              If you submit your comments by mail                 D. Discussion of Proposed Rule
                                                 duplication, please use only one of                     or hand delivery, submit them in an                       The Coast Guard has previously
                                                 these three methods.                                    unbound format, no larger than 81⁄2 by                 published a list of annual marine events
                                                 FOR FURTHER INFORMATION CONTACT: If                     11 inches, suitable for copying and                    within the Fifth Coast Guard District
                                                 you have questions on this rule, call or                electronic filing. If you submit                       and special local regulation locations at
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 email Lieutenant Brennan Dougherty,                     comments by mail and would like to                     33 CFR 100.501. The Table to § 100.501
                                                 U.S. Coast Guard, Sector Delaware Bay,                  know that they reached the Facility,                   identifies special local regulations by
                                                 Chief Waterways Management Division,                    please enclose a stamped, self-addressed               COTP zone, with the COTP Delaware
                                                 Coast Guard; telephone (215) 271–4851,                  postcard or envelope. We will consider                 Bay zone listed in section ‘‘(a.)’’ of the
                                                 email Brennan.P.Dougherty@uscg.mil. If                  all comments and material received                     Table. The Table to § 100.501, at section
                                                 you have questions on viewing or                        during the comment period and may                      (a.) event Number ‘‘7’’, describes the
                                                 submitting material to the docket, call                 change the rule based on your                          enforcement date and regulated location
                                                 Cheryl Collins, Program Manager,                        comments.                                              for this marine event.


                                            VerDate Sep<11>2014   15:19 Jun 18, 2015   Jkt 235001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\19JNP1.SGM   19JNP1


                                                 35282                     Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules

                                                    The date listed in the Table has the                 notice to mariners at least one hour                   a substantial number of small entities
                                                 marine event on the third Wednesday                     prior to the times of enforcement.                     for the following reason: Vessel traffic
                                                 and Thursday of July. However, this                                                                            will be allowed to pass through the zone
                                                                                                         E. Regulatory Analyses
                                                 temporary rule changes the marine                                                                              with permission of the Coast Guard
                                                 event date to July 9, 2015 and July 10,                   We developed this proposed rule after                Captain of the Port, Delaware Bay, or his
                                                 2015, to reflect the actual date of the                 considering numerous statutes and                      designated representative and the
                                                 event for this year.                                    executive orders related to rulemaking.                special local regulation is limited in size
                                                    The Coast Guard proposes to                          Below we summarize our analyses                        and duration. The Coast Guard will
                                                 temporarily suspend the regulation                      based on a number of these statutes or                 issue maritime advisories widely
                                                 listed in Table to § 100.501, section (a)               executive orders.                                      available to all waterway users.
                                                 event Number ‘‘7’’, and insert this                     1. Regulatory Planning and Review                         If you think that your business,
                                                 temporary regulation at Table to                                                                               organization, or governmental
                                                 § 100.501, at section (a.) as event                        This proposed rule is not a significant
                                                                                                         regulatory action under section 3(f) of                jurisdiction qualifies as a small entity
                                                 Number ‘‘15’’, in order to reflect that the                                                                    and that this propose rule would have
                                                 special local regulation will be effective              Executive Order 12866, Regulatory
                                                                                                         Planning and Review, as supplemented                   a significant economic impact on it,
                                                 and enforced from 10:00 a.m. until 5:00                                                                        please submit a comment (see
                                                 p.m. on July 9, 2015 and July 10, 2015.                 by Executive Order 13563, Improving
                                                                                                                                                                ADDRESSES) explaining why you think it
                                                 This change is needed to accommodate                    Regulation and Regulatory Review, and
                                                                                                         does not require an assessment of                      qualifies and how and to what degree
                                                 the sponsor’s event plan. No other                                                                             this rule would economically affect it.
                                                 portion of the Table to § 100.501 or                    potential costs and benefits under
                                                 other provisions in § 100.501 shall be                  section 6(a)(3) of Executive Order 12866               3. Assistance for Small Entities
                                                 affected by this regulation.                            or under section 1 of Executive Order
                                                                                                         13563. The Office of Management and                       Under section 213(a) of the Small
                                                    The regulated area of this special local
                                                                                                         Budget has not reviewed it under those                 Business Regulatory Enforcement
                                                 regulation includes all the waters of the
                                                                                                         Orders. Although this regulation will                  Fairness Act of 1996 (Pub. L. 104–121),
                                                 Manasquan River from the New York
                                                                                                         restrict access to the regulated area, the             we want to assist small entities in
                                                 and Long Branch Railroad Bridge to
                                                                                                         effect of this rule will not be significant            understanding this proposed rule. If the
                                                 Manasquan Inlet, together with all of the
                                                 navigable waters of the United States                   because: (i) The Coast Guard will make                 rule would affect your small business,
                                                 from Asbury Park, New Jersey, latitude                  extensive notification of the Special                  organization, or governmental
                                                 40°14′00″ N; southward to Seaside Park,                 local regulation to the maritime public                jurisdiction and you have questions
                                                 New Jersey latitude 39°55′00″ N, from                   via maritime advisories so mariners can                concerning its provisions or options for
                                                 the New Jersey shoreline seaward to the                 alter their plans accordingly; (ii) vessels            compliance, please contact the person
                                                 limits of the Territorial Sea as defined                may still be permitted to transit through              listed in the FOR FURTHER INFORMATION
                                                                                                                                                                CONTACT, above. The Coast Guard will
                                                 in 33 CFR 2.22.                                         the special local regulation with the
                                                    A fleet of spectator vessels is                      permission of the Captain of the Port on               not retaliate against small entities that
                                                 anticipated to gather nearby to view the                a case-by-case basis; and (iii) this rule              question or complain about this
                                                 marine event. Due to the need for vessel                will be enforced for only the duration of              proposed rule or any policy or action of
                                                 control during the marine event vessel                  the boat race.                                         the Coast Guard.
                                                 traffic will be temporarily restricted to                                                                      4. Collection of Information
                                                 provide for the safety of participants,                 2. Impact on Small Entities
                                                 spectators and transiting vessels. Under                   The Regulatory Flexibility Act of 1980                This proposed rule will not call for a
                                                 provisions of 33 CFR 100.501, during                    (RFA), 5 U.S.C. 601–612, as amended,                   new collection of information under the
                                                 the enforcement period, vessels may not                 requires federal agencies to consider the              Paperwork Reduction Act of 1995 (44
                                                 enter the regulated area unless they                    potential impact of regulations on small               U.S.C. 3501–3520.).
                                                 receive permission from the Coast                       entities during rulemaking. The term                   5. Federalism
                                                 Guard Patrol Commander.                                 ‘‘small entities’’ comprises small
                                                    The Coast Guard may assign an event                  businesses, not-for-profit organizations                  A rule has implications for federalism
                                                 patrol, as described in 33 CFR 100.40,                  that are independently owned and                       under Executive Order 13132,
                                                 to each regulated event listed in the                   operated and are not dominant in their                 Federalism, if it has a substantial direct
                                                 table. Additionally, a Patrol Commander                 fields, and governmental jurisdictions                 effect on the States, on the relationship
                                                 may be assigned to oversee the patrol.                  with populations of less than 50,000.                  between the national government and
                                                 The event patrol and Patrol Commander                   The Coast Guard certifies under 5 U.S.C.               the States, or on the distribution of
                                                 may be contacted on VHF–FM Channel                      605(b) that this proposed rule will not                power and responsibilities among the
                                                 16. During the event, the Coast Guard                   have a significant economic impact on                  various levels of government. We have
                                                 Patrol Commander may forbid and                         a substantial number of small entities.                analyzed this proposed rule under that
                                                 control the movement of all vessels in                     This proposed rule will affect the                  Order and determined that this rule
                                                 the regulated area(s). When hailed or                   following entities, some of which may                  does not have implications for
                                                 signaled by an official patrol vessel, a                be small entities: The owners or                       federalism.
                                                 vessel in these areas shall immediately                 operators of vessels intending to anchor               6. Protest Activities
                                                 comply with the directions given.                       or transit along a portion of Manasquan
                                                 Failure to do so may result in expulsion                River and Inlet, as well as the New                      The Coast Guard respects the First
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                                                 from the area, citation for failure to                  Jersey shore from Ashbury Park and                     Amendment rights of protesters.
                                                 comply, or both. The Coast Guard Patrol                 Seaside Park, New Jersey to the                        Protesters are asked to contact the
                                                 Commander may terminate the event, or                   Territorial seas, on July 9, 2015 and July             person listed in the FOR FURTHER
                                                 the operation of any vessel participating               10, 2015 from 10:00 a.m. to 5:00 p.m.,                 INFORMATION CONTACT section to
                                                 in the event, at any time it is deemed                  unless cancelled earlier by the Captain                coordinate protest activities so that your
                                                 necessary for the protection of life or                 of the Port.                                           message can be received without
                                                 property. Coast Guard Sector Delaware                      This special local regulation will not              jeopardizing the safety or security of
                                                 Bay will notify the public by broadcast                 have a significant economic impact on                  people, places or vessels.


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                                                                                Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules                                                 35283

                                                 7. Unfunded Mandates Reform Act                                11. Indian Tribal Governments                          regulations on the navigable waterways.
                                                   The Unfunded Mandates Reform Act                                This proposed rule does not have                    This zone will temporarily restrict
                                                 of 1995 (2 U.S.C. 1531–1538) requires                          tribal implications under Executive                    vessel traffic from transiting the waters
                                                 Federal agencies to assess the effects of                      Order 13175, Consultation and                          of the Atlantic Ocean adjacent to Ocean
                                                 their discretionary regulatory actions. In                     Coordination with Indian Tribal                        City, NJ, in order to protect the safety of
                                                 particular, the Act addresses actions                          Governments, because it would not have                 life and property on the waters for the
                                                 that may result in the expenditure by a                        a substantial direct effect on one or                  duration of the air show. This rule is
                                                 State, local, or tribal government, in the                     more Indian tribes, on the relationship                categorically excluded from further
                                                 aggregate, or by the private sector of                         between the Federal Government and                     review under paragraph 34(h) of Figure
                                                 $100,000,000 (adjusted for inflation) or                       Indian tribes, or on the distribution of               2–1 of the Commandant Instruction. A
                                                 more in any one year. Though this                              power and responsibilities between the                 preliminary environmental analysis
                                                 proposed rule would not result in such                         Federal Government and Indian tribes.                  checklist supporting this determination
                                                 expenditure, we do discuss the effects of                                                                             and a Categorical Exclusion
                                                                                                                12. Energy Effects                                     Determination are available in the
                                                 this rule elsewhere in this preamble.
                                                                                                                   This proposed rule is not a                         docket where indicated under
                                                 8. Taking of Private Property                                  ‘‘significant energy action’’ under                    ADDRESSES. We seek any comments or
                                                   This proposed rule would not cause a                         Executive Order 13211, Actions                         information that may lead to the
                                                 taking of private property or otherwise                        Concerning Regulations That                            discovery of a significant environmental
                                                 have taking implications under                                 Significantly Affect Energy Supply,                    impact from this rule.
                                                 Executive Order 12630, Governmental                            Distribution, or Use.
                                                 Actions and Interference with                                                                                         List of Subjects in 33 CFR Part 100
                                                                                                                13. Technical Standards
                                                 Constitutionally Protected Property                                                                                     Marine safety, Navigation (water),
                                                 Rights.                                                          This proposed rule does not use
                                                                                                                                                                       Reporting and recordkeeping
                                                                                                                technical standards. Therefore, we did
                                                 9. Civil Justice Reform                                                                                               requirements, Security measures,
                                                                                                                not consider the use of voluntary
                                                                                                                                                                       Waterways.
                                                    This proposed rule meets applicable                         consensus standards.
                                                 standards in sections 3(a) and 3(b)(2) of                                                                               For the reasons discussed in the
                                                                                                                14. Environment                                        preamble, the Coast Guard proposes to
                                                 Executive Order 12988, Civil Justice
                                                 Reform, to minimize litigation,                                  We have analyzed this rule under                     amend 33 CFR part 100 as follows:
                                                 eliminate ambiguity, and reduce                                Department of Homeland Security
                                                 burden.                                                        Management Directive 023–01 and                        PART 100—SAFETY OF LIFE ON
                                                                                                                Commandant Instruction M16475.lD,                      NAVIGABLE WATERS
                                                 10. Protection of Children From                                which guide the Coast Guard in
                                                 Environmental Health Risks                                     complying with the National                            ■ 1. The authority citation for part 100
                                                    We have analyzed this proposed rule                         Environmental Policy Act of 1969                       continues to read as follows:
                                                 under Executive Order 13045,                                   (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                                                                                           Authority: 33 U.S.C. 1233.
                                                 Protection of Children from                                    have determined that this action is one
                                                 Environmental Health Risks and Safety                          of a category of actions that do not                   ■ 2. In the Table to § 100.501, suspend
                                                 Risks. This rule is not an economically                        individually or cumulatively have a                    lines No. (a.)7; and
                                                 significant rule and would not create an                       significant effect on the human
                                                 environmental risk to health or risk to                        environment. This rule involves                        ■ 3. Add line No. (a.)15 to the Table to
                                                 safety that might disproportionately                           implementation of regulations within 33                § 100.501 to read as follows:
                                                 affect children.                                               CFR part 100, applicable to special local              *     *    *     *     *

                                                                                                (a.) COAST GUARD SECTOR DELAWARE BAY—COTP ZONE
                                                     No.                      Date                      Event                    Sponsor                                           Location

                                                 15 ...........   July 9th, 10th ..........   New Jersey Off-             Offshore Perform-            The waters of the Manasquan River from the New York and
                                                                                                shore Grand Prix.           ance Assn. & New             Long Branch Railroad Bridge to Manasquan Inlet, toget-
                                                                                                                            Jersey Offshore              with all of the navigable waters of the United States from
                                                                                                                            Racing Assn.                 Asbury Park, New Jersey, latitude 40°14′00″ N; southward
                                                                                                                                                         to Seaside Park, New Jersey latitude 39°55′00″ N, from the
                                                                                                                                                         New Jersey shoreline seaward to the limits of the Territorial
                                                                                                                                                         Sea. The race course area extends from Asbury Park to
                                                                                                                                                         Seaside Park from the shoreline, seaward to a distance of
                                                                                                                                                         8.4 nautical miles.



                                                 *       *        *       *          *                            Dated: June 2, 2015.
                                                                                                                B.A. Cooper,
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                                                                                                                Captain, U.S. Coast Guard, Captain of the
                                                                                                                Port Delaware Bay.
                                                                                                                [FR Doc. 2015–15185 Filed 6–18–15; 8:45 am]
                                                                                                                BILLING CODE 9110–04–P




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                                                 35284                     Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Proposed Rules

                                                 ENVIRONMENTAL PROTECTION                                0270. EPA’s policy is that all comments                Lenexa, KS 66219; telephone number:
                                                 AGENCY                                                  received will be included in the public                (913) 551–7391; fax number: (913) 551–
                                                                                                         docket without change and may be                       7065; email address: crable.gregory@
                                                 40 CFR Part 52                                          made available online at http://                       epa.gov.
                                                                                                         www.regulations.gov, including any
                                                 [EPA–R07–OAR–2015–0270; FRL–9929–05–                                                                           SUPPLEMENTARY INFORMATION:
                                                 Region 7]
                                                                                                         personal information provided, unless
                                                                                                         the comment includes information                       Throughout this document whenever
                                                 Partial Approval and Disapproval of Air                 claimed to be Confidential Business                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
                                                 Quality State Implementation Plans                      Information (CBI) or other information                 to EPA. This section provides additional
                                                 (SIP); State of Nebraska; Infrastructure                whose disclosure is restricted by statute.             information by addressing the following
                                                 SIP Requirements for the 2008 Ozone                     Do not submit through http://                          questions:
                                                 National Ambient Air Quality Standard                   www.regulations.gov or email                           I. What is a section 110(a)(1) and (2)
                                                                                                         information that you consider to be CBI                     infrastructure SIP?
                                                 AGENCY:  Environmental Protection                       or otherwise protected. The http://                    II. What are the applicable elements under
                                                 Agency.                                                 www.regulations.gov Web site is an                          sections 110(a)(1) and (2)?
                                                 ACTION: Proposed rule.                                  ‘‘anonymous access’’ system, which                     III. What is EPA’s approach to the review of
                                                                                                         means EPA will not know your identity                       Infrastructure SIP submissions?
                                                 SUMMARY:    The Environmental Protection                or contact information unless you                      IV. What is EPA’s evaluation of how the State
                                                 Agency (EPA) is proposing to partially                  provide it in the body of your comment.                     addressed the relevant elements of
                                                 approve and partially disapprove                        If you send an email comment directly                       Sections 110(a)(1) and (2)?
                                                 elements of a State Implementation Plan                 to EPA without going through http://                   V. What action is EPA proposing?
                                                 (SIP) submission from the State of                      www.regulations.gov, your email                        VI. Statutory and Executive Order Review
                                                 Nebraska addressing the applicable                      address will be automatically captured
                                                 requirements of Clean Air Act (CAA)                                                                            I. What is a section 110(a)(1) and (2)
                                                                                                         and included as part of the comment
                                                 section 110 for the 2008 National                                                                              infrastructure SIP?
                                                                                                         that is placed in the public docket and
                                                 Ambient Air Quality Standards                           made available on the Internet. If you
                                                 (NAAQS) for Ozone (O3), which                                                                                     Section 110(a)(1) of the CAA requires,
                                                                                                         submit an electronic comment, EPA                      in part, that states make a SIP
                                                 requires that each state adopt and                      recommends that you include your
                                                 submit a SIP to support implementation,                                                                        submission to EPA to implement,
                                                                                                         name and other contact information in                  maintain and enforce each of the
                                                 maintenance, and enforcement of each                    the body of your comment and with any
                                                 new or revised NAAQS promulgated by                                                                            NAAQS promulgated by EPA after
                                                                                                         disk or CD–ROM you submit. If EPA                      reasonable notice and public hearings.
                                                 EPA. These SIPs are commonly referred                   cannot read your comment due to
                                                 to as ‘‘infrastructure’’ SIPs. The                                                                             Section 110(a)(2) includes a list of
                                                                                                         technical difficulties and cannot contact              specific elements that such
                                                 infrastructure requirements are designed                you for clarification, EPA may not be
                                                 to ensure that the structural components                                                                       infrastructure SIP submissions must
                                                                                                         able to consider your comment.                         address. SIPs meeting the requirements
                                                 of each state’s air quality management                  Electronic files should avoid the use of
                                                 program are adequate to meet the state’s                                                                       of sections 110(a)(1) and (2) are to be
                                                                                                         special characters, any form of                        submitted by states within three years
                                                 responsibilities under the CAA. EPA is                  encryption, and should be free of any
                                                 proposing to disapprove Nebraska’s SIP                                                                         after promulgation of a new or revised
                                                                                                         defects or viruses.                                    NAAQS. These SIP submissions are
                                                 as it relates to section 110 with respect                  Docket: All documents in the
                                                 to visibility, for the 2008 O3 NAAQS.                                                                          commonly referred to as
                                                                                                         electronic docket are listed in the
                                                                                                                                                                ‘‘infrastructure’’ SIPs.
                                                 DATES: Comments must be received on                     http://www.regulations.gov index.
                                                 or before July 20, 2015.                                Although listed in the index, some                     II. What are the applicable elements
                                                 ADDRESSES: Submit your comments,                        information is not publicly available,                 under sections 110(a)(1) and (2)?
                                                 identified by Docket ID No. EPA–R07–                    i.e., CBI or other information whose
                                                                                                         disclosure is restricted by statute.                      On March 12, 2008, EPA promulgated
                                                 OAR–2015–0270, by one of the
                                                                                                         Certain other material, such as                        a revised NAAQS for ozone based on 8-
                                                 following methods:
                                                                                                         copyrighted material, will be publicly                 hour average concentrations. The level
                                                   1. http://www.regulations.gov. Follow
                                                                                                         available only in hard copy. Publicly                  of the 2008 8-hour ozone NAAQS
                                                 the on-line instructions for submitting
                                                                                                         available docket materials are available               (hereafter the 2008 O3 NAAQS) was
                                                 comments.
                                                   2. Email: crable.gregory@epa.gov.                     either electronically at http://                       revised from 0.08 parts per million
                                                   3. Mail: Mr. Gregory Crable, Air                      www.regulations.gov or in hard copy at                 (ppm) to 0.075 ppm (73 FR 16436).
                                                 Planning and Development Branch, U.S.                   U.S. Environmental Protection Agency,                    For the 2008 O3 NAAQS, states
                                                 Environmental Protection Agency,                        Region 7, 11201 Renner Boulevard,                      typically have met many of the basic
                                                 Region 7, Air and Waste Management                      Lenexa, Kansas 66219 from 8:00 a.m. to                 program elements required in section
                                                 Division, 11201 Renner Boulevard,                       4:30 p.m., Monday through Friday,                      110(a)(2) through earlier SIP
                                                 Lenexa, Kansas 66219.                                   excluding legal holidays. The interested               submissions in connection with
                                                   4. Hand Delivery or Courier: Deliver                  persons wanting to examine these                       previous NAAQS. Nevertheless,
                                                 your comments to Mr. Gregory Crable,                    documents should make an                               pursuant to section 110(a)(1), states
                                                                                                         appointment with the office at least 24
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                                                 Air Planning and Development Branch,                                                                           must review and revise, as appropriate,
                                                 U.S. Environmental Protection Agency,                   hours in advance.                                      their existing SIPs to ensure that the
                                                 Region 7, Air and Waste Management                      FOR FURTHER INFORMATION CONTACT: Mr.                   SIPs are adequate to address the 2008 O3
                                                 Division, 11201 Renner Boulevard,                       Gregory Crable, Air Planning and                       NAAQS. To assist states in meeting this
                                                 Lenexa, Kansas 66219.                                   Development Branch, U.S.                               statutory requirement, EPA issued
                                                   Instructions: Direct your comments to                 Environmental Protection Agency,                       guidance on September 13, 2013 (2013
                                                 Docket ID No. EPA–R07–OAR–2015–                         Region 7, 11201 Renner Boulevard,                      Guidance), addressing the infrastructure



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Document Created: 2018-02-22 11:10:01
Document Modified: 2018-02-22 11:10:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 26, 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 35281 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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