[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Rules and Regulations]
[Page 30483-30485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0373]
RIN 1625-AA00
Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ, Atlantic
Ocean
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light
(LLNR 720) located at position 40[deg]27[min]00[sec] N,
073[deg]48[min]00[sec] W, approximately 8.35 nautical miles east of
Sandy Hook, NJ. This safety zone is necessary to provide for the safety
of life, property and the environment on navigable waters of the United
States from the hazards associated with the damaged structure and
during survey and debris removal at the charted location of Ambrose
Light that was recently damaged. This safety zone is intended to keep
vessels a safe distance from Ambrose Light during the survey and debris
removal operations.
DATES: This rule is effective from 11:59 p.m. on May 5, 2008 through
11:59 p.m. on November 1, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0373 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and at Coast
Guard Sector New York, Room 209, Staten Island, NY 10305 between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Commander Mike McBrady, Waterways
Management Division, Coast Guard Sector New York (718) 354-2353. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. A notice and comment period
was not held for this rulemaking because the safety zone is needed in
response to an emergency situation created when the Ambrose Light was
struck and damaged by a vessel. A survey and debris removal operations
are needed immediately to remove this hazard to navigation. Delaying
the necessary survey and debris removal in order to conduct a notice
and comment period would be contrary to the public interest.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register as immediate action is needed to
protect vessels transiting the area from the hazards associated with
the damaged light tower, area survey, and debris removal operations.
Any delay in implementing this rule would be contrary to public
interest since immediate action is needed to prevent vessels from
transiting the area so as to avoid the potential hazards associated
with the unstable light, the possibility of it collapsing, or a vessel
grounding on the remains of Ambrose Light (LLNR 720).
Background and Purpose
On Saturday, November 3, 2007, the M/T AXEL SPIRIT allided with
Ambrose Light (LLNR 720) in position 40[deg]27[min]00[sec] N,
073[deg]48[min]00[sec] W approximately 8.35 nautical miles east of
Sandy Hook, NJ. Initial damage assessment indicates that the Ambrose
Light is no longer watching properly and in danger of collapse,
creating an additional hazard to vessels operating in the area. This
safety zone is being created in response to this emergency situation in
order to keep mariners away from the hazards associated with the
damaged structure and from the hazards associated with survey and
debris removal operations.
On November 26, 2007 we published a Temporary Final Rule in the
Federal Register (72 FR 65886) titled ``Safety Zone: Ambrose Light,
Offshore Sandy Hook, NJ, Atlantic Ocean'' establishing a temporary
safety zone around Ambrose Light after it was initially struck. This
safety zone was effective from November 5, 2007 until May 5, 2008. The
Coast Guard's Civil Engineering Unit in Providence, Rhode Island does
not expect to award the contract to remove the tower and associated
debris until on, or about, May 1, 2008. It is expected that the removal
operations will take about 75 days. This 180-day temporary rulemaking
will
[[Page 30484]]
allow for the safe removal and provide for any expected delays due to
weather, equipment malfunctions, etc. If the survey and debris removal
is completed before November 1, 2008, the Coast Guard will cease
enforcement of the safety zone.
Discussion of Rule
This rule will provide for the safety of vessel traffic in and
around Ambrose Light (LLNR 720). This regulation establishes a
temporary safety zone on the navigable waters of the Atlantic Ocean
within a 250 yard radius of position 40[deg]27[min]00[sec] N,
73[deg]48[min]00[sec] W, approximately 8.35 nautical miles east of
Sandy Hook, NJ. The rule described herein prohibits the transit of
vessels through the safety zone unless specifically authorized by the
Captain of the Port, New York. This safety zone is in effect from 11:59
p.m. on May 5, 2008 until 11:59 p.m. on November 1, 2008. The zone will
be enforced during the entire effective period unless the survey, tower
and debris removal operation is completed prior to November 1, 2008.
Marine traffic may transit safely outside of the zone during the
enforcement period. The Captain of the Port New York will notify the
maritime community of the safety zone by publication in the Local
Notice to Mariners, Safety Voice Broadcasts, and on the internet at
http://homeport.uscg.mil/newyork.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule will be so minimal that
a full Regulatory Evaluation under the regulatory policies and
procedures of DHS is unnecessary. This regulation may have some impact
on the public, but the potential impact will be minimized for the
following reason: Vessels may transit around the 250 yard safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit within a 250 yard radius of Ambrose Light (LLNR 720) at
40[deg]27[min]00[sec] N, 73[deg]48[min]00[sec] W approximately 8.35
nautical miles east of Sandy Hook, NJ. However, this safety zone is not
expected to have a significant economic impact on a substantial number
of small entities as vessels will be able to transit around the 250
yard safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
[[Page 30485]]
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This rule fits category (34)(g) as it
establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T01-165 to read as follows:
Sec. 165.T01-165 Safety Zone: Ambrose Light, Offshore Sandy Hook, NJ,
Atlantic Ocean.
(a) Location. The following area is a Safety Zone: All navigable
waters of the Atlantic Ocean within a 250 yard radius of Ambrose Light
(LLNR 720) at position 40[deg]27'00'' N, 73[deg]48'00'' W,
approximately 8.35 nautical miles east of Sandy Hook, NJ.
(b) Effective Dates. This regulation is effective from 11:59 p.m.
on May 5, 2008 to 11:59 p.m. on November 1, 2008.
(c) Definitions. The following definition applies to this section:
On-scene representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port,
New York.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port New York, or
his on-scene representative.
Dated: May 5, 2008.
R.R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. E8-11868 Filed 5-27-08; 8:45 am]
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