[Federal Register: August 14, 2003 (Volume 68, Number 157)]
[Rules and Regulations]
[Page 48553-48555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au03-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-03-107]
RIN 1625-AA08
Special Local Regulations for Marine Events; Atlantic Ocean,
Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for ``Atlantic City Salutes 100th Anniversary of Powered
Flight'',
[[Page 48554]]
an aerial demonstration to be held over the waters of the Atlantic
Ocean adjacent to Atlantic City, New Jersey. These special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in portions of the Atlantic Ocean adjacent to Atlantic
City, New Jersey during the aerial demonstration.
DATES: This rule is effective from 10:30 a.m. on August 26, 2003 to 3
p.m. on August 27, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-03-107 and are available for
inspection or copying at Commander (oax), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good
cause exists for not publishing an NPRM. The event will take place on
August 26 and 27, 2003. Publishing an NPRM would be contrary to the
public interest, since immediate action is needed to ensure the safety
of spectator craft and other vessels transiting the event area in the
Atlantic Ocean adjacent to Atlantic City, New Jersey. For the same
reasons, 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. However, advance notifications
will be made to affected users of the waterway via marine information
broadcasts and area newspapers.
Background and Purpose
On August 26 and 27, 2003, the Borgata Hotel will sponsor the
``Atlantic City Salutes 100th Anniversary of Powered Flight''. The
event will consist of high performance jet aircraft performing aerial
maneuvers over the waters of the Atlantic Ocean adjacent to Atlantic
City, New Jersey. A fleet of spectator vessels is expected to gather
nearby to view the aerial demonstration. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing temporary special local regulations
on specified waters of the Atlantic Ocean adjacent to Atlantic City,
New Jersey. The regulated area includes a section of the Atlantic Ocean
approximately 2.5 miles long, extending approximately 900 yards out
from the shoreline. The temporary special local regulations will be
enforced from 10:30 a.m. to 3 p.m. on August 26 and 27, 2003, and will
restrict general navigation in the regulated area during the aerial
demonstration. Except for persons or vessels authorized by the Coast
Guard Patrol Commander, no person or vessel may enter or remain in the
regulated area during the enforcement period.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary final rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a portion
of the Atlantic Ocean adjacent to Atlantic City, New Jersey during the
event, the effect of this regulation will not be significant due to the
limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts and area newspapers so
mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in the effected portion of the Atlantic Ocean during
the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 10:30 a.m. to 3
p.m. on August 26 and 27, 2003. Vessels desiring to transit the event
area will be able to navigate safely around the regulated area. Before
the enforcement period, we will issue maritime advisories so mariners
can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 48555]]
Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial and direct effect on one or more
Indian tribes, on the relationship between the Federal Governments and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233 through 1236; Department of Homeland
Security Delegation No. 0170.1, 33 CFR 100.35.
0
2. Add a temporary Sec. 100.35-T05-107 to read as follows:
Sec. 100.35-T05-107 Atlantic Ocean, Atlantic City, NJ.
(a) Definitions. (1) Coast Guard Patrol Commander. The Coast Guard
Patrol Commander is a commissioned, warrant, or petty officer of the
Coast Guard who has been designated by the Commander, Coast Guard Group
Atlantic City.
(2) Official Patrol. The Official Patrol is any vessel assigned or
approved by Commander, Coast Guard Group Atlantic City with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
(3) Regulated Area. All waters of the Atlantic Ocean, adjacent to
Atlantic City, New Jersey, bounded by a line drawn between the
following points: southeasterly from a point along the shoreline at
latitude 39[deg]21'31'' N, longitude 074[deg]25'04'' W, to latitude
39[deg]21'08'' N, longitude 74[deg]24'48'' W, thence southwesterly to
latitude 39[deg]20'16'' N, longitude 074[deg]27'17'' W, thence
northwesterly to a point along the shoreline at latitude 39[deg]20'44''
N, longitude 74[deg]27'31'' W, thence northeasterly along the shoreline
to latitude 39[deg]21'31'' N, longitude 074[deg]24'04'' W. All
coordinates reference Datum NAD 1983.
(b) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(c) Enforcement period. This section will be enforced from 10:30
a.m. to 3 p.m. on August 26 and 27, 2003.
Dated: August 5, 2003.
Sally Brice-O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-20771 Filed 8-13-03; 8:45 am]
BILLING CODE 4910-15-P