[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]               
[Page 26002-26004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-15]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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

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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Westville Parade of Lights'', a marine parade to be held 
on the waters of the Delaware River and Big Timber Creek, Westville, 
NJ. 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 a small portion of the Delaware 
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, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0278 and are available online 
at http://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 
the Fifth Coast Guard District, 431 Crawford Street, Portsmouth, VA 
23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays.

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

[[Page 26003]]

Division, (757) 398-6204. 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. Publishing an NPRM would be 
impracticable and contrary to public interest since immediate action is 
needed to minimize potential danger to the public during the event. The 
necessary information to determine whether the marine event poses a 
threat to persons and vessels was not provided with sufficient time to 
publish an NPRM. The potential dangers posed by a marine parade 
formation transiting the waterway with other vessel traffic at night 
makes special local regulations necessary to provide for the safety of 
participants, spectator craft and other vessels transiting the event 
area. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during the event. The Coast Guard will 
issue broadcast notice to mariners to advise vessel operators of 
navigational restrictions. On scene Coast Guard and local law 
enforcement vessels will also provide actual notice to mariners.

Background and Purpose

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

Discussion of Rule

    The Coast Guard will establish temporary special local regulations 
on specified waters of the Delaware River and Big Timber Creek. The 
temporary special local regulations will be in effect from 7 p.m. to 
11:30 p.m. on June 28, 2008. The effect will be to restrict general 
navigation in the regulated area during the marine event. 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. The Patrol Commander will notify the public of 
specific enforcement times by marine radio safety broadcast. These 
regulations are needed to control vessel traffic during the event to 
enhance the safety of spectators and transiting vessels.

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.
    Although this regulation restricts vessel traffic from transiting a 
small portion of the Delaware River and Big Timber Creek 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 Local Notice to Mariners and marine information 
broadcasts. Notice to the public may also be conveyed by local area 
newspapers, radio and TV stations so mariners can adjust their plans 
accordingly.

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 
may be small entities: the owners or operators of vessels intending to 
transit this segment of the Delaware River and Big Timber Creek during 
the event.
    This temporary 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 7 p.m. to 11:30 
p.m. on June 28, 2008. Although this regulation prevents traffic from 
transiting a small segment of the Delaware River and Big Timber Creek 
during the event, this temporary rule would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule would be in effect for only a limited 
period. Vessel traffic may be able to transit around the regulated area 
or when event activity is halted, when the Coast Guard Patrol Commander 
deems it is safe to do so. 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 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

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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 affect 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.

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)(h), of the Instruction, from further environmental 
documentation.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
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 
line to shore line from the Route 130 Bridge northwest to the waterway 
entrance where Big Timber Creek joins the Delaware River.
    (b) Definitions: (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Delaware Bay with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the Westville 
Parade of Lights under the auspices of the Marine Event Permit issued 
to the event sponsor and approved by Commander, Coast Guard Sector 
Delaware Bay.
    (c) Special local regulations: (1) Except for event participants 
and 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 must: (i) Stop 
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 
shall proceed at the minimum speed necessary to maintain a safe course 
that minimizes wake near the event area.
    (d) Enforcement period. This section will be enforced from 7 p.m. 
to 11:30 p.m. on June 28, 2008. A notice of enforcement of this section 
will be disseminated through the Fifth Coast Guard District Local 
Notice to Mariners announcing the specific event date and times. Notice 
will also be made via broadcast notice to mariners on VHF-FM marine 
band radio.

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

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