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[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]              =20
[Page 26002-26004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0278]
RIN 1625-AA08

=20
Special Local Regulations; Delaware River, Big Timber Creek,=20
Westville, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations=20
during the ``Westville Parade of Lights'', a marine parade to be held=20
on the waters of the Delaware River and Big Timber Creek, Westville,=20
NJ. These special local regulations are necessary to provide for the=20
safety of life on navigable waters during the event. This action is=20
intended to restrict vessel traffic in a small portion of the Delaware=20
River and Big Timber Creek during the event.

DATES: This rule is effective from 7 p.m. to 11:30 p.m. on June 28,=20
2008.

ADDRESSES: Documents indicated in this preamble as being available in=20
the docket are part of docket USCG-2008-0278 and are available online=20
at http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov. They are also available =
for inspection=20
or copying at two locations: the Docket Management Facility (M-30),=20
U.S. Department of Transportation, West Building Ground Floor, Room=20
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9=20
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and=20
the Fifth Coast Guard District, 431 Crawford Street, Portsmouth, VA=20
23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal=20
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this=20
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard=20
District, Prevention

[[Page 26003]]

Division, (757) 398-6204. If you have questions on viewing the docket,=20
call Renee V. Wright, Program Manager, Docket Operations, telephone=20
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this=20
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good=20
cause exists for not publishing an NPRM. Publishing an NPRM would be=20
impracticable and contrary to public interest since immediate action is=20
needed to minimize potential danger to the public during the event. The=20
necessary information to determine whether the marine event poses a=20
threat to persons and vessels was not provided with sufficient time to=20
publish an NPRM. The potential dangers posed by a marine parade=20
formation transiting the waterway with other vessel traffic at night=20
makes special local regulations necessary to provide for the safety of=20
participants, spectator craft and other vessels transiting the event=20
area. For the safety concerns noted, it is in the public interest to=20
have these regulations in effect during the event. The Coast Guard will=20
issue broadcast notice to mariners to advise vessel operators of=20
navigational restrictions. On scene Coast Guard and local law=20
enforcement vessels will also provide actual notice to mariners.

Background and Purpose

    On June 28, 2008, the Borough of Westville, New Jersey and the=20
Westville Power Boat Association will sponsor the ``Westville Parade of=20
Lights''. Approximately 20 power and sailing vessels will participate=20
in a marine parade that will begin formation in the vicinity of the=20
Route 130 Bridge and transit Big Timber Creek and terminate where the=20
waterway joins the Delaware River. The event will also include a=20
fireworks display launched from land, with a fallout area extending=20
over the navigable waters of Big Timber Creek, Westville, NJ. Spectator=20
vessels are expected to gather near the event site to view the on water=20
activity. Due to the need for vessel control during the event, vessel=20
traffic will be temporarily restricted to provide for the safety of=20
participants, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard will establish temporary special local regulations=20
on specified waters of the Delaware River and Big Timber Creek. The=20
temporary special local regulations will be in effect from 7 p.m. to=20
11:30 p.m. on June 28, 2008. The effect will be to restrict general=20
navigation in the regulated area during the marine event. Except for=20
persons or vessels authorized by the Coast Guard Patrol Commander, no=20
person or vessel may enter or remain in the regulated area during the=20
enforcement period. The Patrol Commander will notify the public of=20
specific enforcement times by marine radio safety broadcast. These=20
regulations are needed to control vessel traffic during the event to=20
enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section=20
3(f) of Executive Order 12866, Regulatory Planning and Review, and does=20
not require an assessment of potential costs and benefits under section=20
6(a)(3) of that Order. The Office of Management and Budget has not=20
reviewed it under that Order.
    Although this regulation restricts vessel traffic from transiting a=20
small portion of the Delaware River and Big Timber Creek during the=20
event, the effect of this regulation will not be significant due to the=20
limited duration that the regulated area will be in effect and the=20
extensive advance notifications that will be made to the maritime=20
community via Local Notice to Mariners and marine information=20
broadcasts. Notice to the public may also be conveyed by local area=20
newspapers, radio and TV stations so mariners can adjust their plans=20
accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have=20
considered whether this rule would have a significant economic impact=20
on a substantial number of small entities. The term ``small entities''=20
comprises small businesses, not-for-profit organizations that are=20
independently owned and operated and are not dominant in their fields,=20
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=20
not have a significant economic impact on a substantial number of small=20
entities. This rule will affect the following entities, some of which=20
may be small entities: the owners or operators of vessels intending to=20
transit this segment of the Delaware River and Big Timber Creek during=20
the event.
    This temporary rule will not have a significant economic impact on=20
a substantial number of small entities for the following reasons. This=20
rule will be in effect for only a short period, from 7 p.m. to 11:30=20
p.m. on June 28, 2008. Although this regulation prevents traffic from=20
transiting a small segment of the Delaware River and Big Timber Creek=20
during the event, this temporary rule would not have a significant=20
economic impact on a substantial number of small entities for the=20
following reasons. This rule would be in effect for only a limited=20
period. Vessel traffic may be able to transit around the regulated area=20
or when event activity is halted, when the Coast Guard Patrol Commander=20
deems it is safe to do so. Before the enforcement period, we will issue=20
maritime advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement=20
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small=20
entities in understanding the rule so that they can better evaluate its=20
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal=20
employees who enforce, or otherwise determine compliance with, Federal=20
regulations to the Small Business and Agriculture Regulatory=20
Enforcement Ombudsman and the Regional Small Business Regulatory=20
Fairness Boards. The Ombudsman evaluates these actions annually and=20
rates each agency's responsiveness to small business. If you wish to=20
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR=20
(1-888-734-3247). The Coast Guard will not retaliate against small=20
entities that question or complain about this rule or any policy or=20
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the=20
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,=20
Federalism, if it has a substantial direct effect on State or local=20
governments and would either preempt State law or impose a substantial=20
direct cost of compliance on them. We have analyzed this rule under=20
that Order and have determined that it does not have implications for=20
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)=20
requires Federal agencies to assess the effects of their discretionary=20
regulatory actions. In

[[Page 26004]]

particular, the Act addresses actions that may result in the=20
expenditure by a State, local, or tribal government, in the aggregate,=20
or by the private sector of $100,000,000 or more in any one year.=20
Though this rule will not result in such an expenditure, we do discuss=20
the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise=20
have taking implications under Executive Order 12630, Governmental=20
Actions and Interference with Constitutionally Protected Property=20
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)=20
of Executive Order 12988, Civil Justice Reform, to minimize litigation,=20
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection=20
of Children from Environmental Health Risks and Safety Risks. This rule=20
is not an economically significant rule and does not create an=20
environmental risk to health or risk to safety that may=20
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order=20
13175, Consultation and Coordination with Indian Tribal Governments,=20
because it does not have a substantial direct effect on one or more=20
Indian tribes, on the relationship between the Federal Government and=20
Indian tribes, or on the distribution of power and responsibilities=20
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions=20
Concerning Regulations That Significantly Affect Energy Supply,=20
Distribution, or Use. We have determined that it is not a ``significant=20
energy action'' under that order because it is not a ``significant=20
regulatory action'' under Executive Order 12866 and is not likely to=20
have a significant adverse effect on the supply, distribution, or use=20
of energy. The Administrator of the Office of Information and=20
Regulatory Affairs has not designated it as a significant energy=20
action. Therefore, it does not require a Statement of Energy Effects=20
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15=20
U.S.C. 272 note) directs agencies to use voluntary consensus standards=20
in their regulatory activities unless the agency provides Congress,=20
through the Office of Management and Budget, with an explanation of why=20
using these standards would be inconsistent with applicable law or=20
otherwise impractical. Voluntary consensus standards are technical=20
standards (e.g., specifications of materials, performance, design, or=20
operation; test methods; sampling procedures; and related management=20
systems practices) that are developed or adopted by voluntary consensus=20
standards bodies.
    This rule does not use technical standards. Therefore, we did not=20
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD=20
which guides the Coast Guard in complying with the National=20
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have=20
concluded that there are no factors in this case that would limit the=20
use of a categorical exclusion under section 2.B.2 of the Instruction.=20
Therefore, this rule is categorically excluded, under figure 2-1,=20
paragraph (34)(h), of the Instruction, from further environmental=20
documentation.
    A final ``Environmental Analysis Check List'' and a final=20
``Categorical Exclusion Determination'' are available in the docket=20
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping=20
requirements, and Waterways.

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33=20
CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35-T05-0278 to read as follows:


Sec.  100.35-T05-0278  Delaware River, Big Timber Creek Westville, NJ.

    (a) Regulated area includes all waters of Big Timber Creek, shore=20
line to shore line from the Route 130 Bridge northwest to the waterway=20
entrance where Big Timber Creek joins the Delaware River.
    (b) Definitions: (1) Coast Guard Patrol Commander means a=20
commissioned, warrant, or petty officer of the Coast Guard who has been=20
designated by the Commander, Coast Guard Sector Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by=20
Commander, Coast Guard Sector Delaware Bay with a commissioned,=20
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the Westville=20
Parade of Lights under the auspices of the Marine Event Permit issued=20
to the event sponsor and approved by Commander, Coast Guard Sector=20
Delaware Bay.
    (c) Special local regulations: (1) Except for event participants=20
and persons or vessels authorized by the Coast Guard Patrol Commander,=20
no person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop=20
the vessel immediately when directed to do so by any Official Patrol.
    (ii) Proceed as directed by any Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels=20
shall proceed at the minimum speed necessary to maintain a safe course=20
that minimizes wake near the event area.
    (d) Enforcement period. This section will be enforced from 7 p.m.=20
to 11:30 p.m. on June 28, 2008. A notice of enforcement of this section=20
will be disseminated through the Fifth Coast Guard District Local=20
Notice to Mariners announcing the specific event date and times. Notice=20
will also be made via broadcast notice to mariners on VHF-FM marine=20
band radio.

    Dated: April 16, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,=20
Acting.
[FR Doc. E8-10227 Filed 5-7-08; 8:45 am]

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