[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Rules and Regulations]
[Pages 80400-80402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22817]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0700]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Point Pleasant Beach, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
salvage operations for a sunken vessel. The safety zone encompasses 
navigable waters on a portion of the Atlantic Ocean in the vicinity of 
Point Pleasant Beach, NJ within a 500-yard radius of the salvage 
operations. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards created by the 
salvage operations of the sunken vessel. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port, Sector Delaware Bay.

DATES: This rule is effective without actual notice from October 3, 
2024 through October 31, 2024. For the purposes of enforcement, actual 
notice will be used from October 1, 2024, until October 3, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0700 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 Dylan Caikowski, Waterways 
Management Division, U.S. Coast Guard Sector Delaware Bay; (215) 271-
4814, <a href="/cdn-cgi/l/email-protection#683b0d0b2c0d042a09113f3f25281d1b0b0f46050104"><span class="__cf_email__" data-cfemail="df8cbabc9bbab39dbea68888929faaacbcb8f1b2b6b3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because prompt action is 
needed to respond to the potential safety hazards associated with the 
salvage operations of a sunken vessel. It is impracticable to publish 
an NPRM because salvage operations may begin as soon as October 1, 
2024.
    Also, 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. Delaying the effective date of 
this rule would be impracticable

[[Page 80401]]

because prompt action is needed to respond to the potential safety 
hazards associated with the salvage operations of a sunken vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Delaware Bay (COTP) has 
determined that potential hazards associated with the salvage 
operations of the sunken vessel, will be a safety concern for the 
vessels involved with the salvage operations and anyone within a 500-
yard radius of salvage operations. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the salvage operations are being 
conducted.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone which will be in 
effect from October 1, 2024, through October 31, 2024. The rule will 
only be subject to enforcement, however, for a seven-day period within 
the time the rule will be in effect. There needs to be a seven-day 
window of good weather for salvage operations to be conducted safely. 
The safety zone will only be enforced upon issuance of a Broadcast 
Notice to Mariners by the COTP, as well as on-scene notice. The safety 
zone will cover all navigable waters, on a portion of the Atlantic 
Ocean, within 500 yards of the sunken vessel being salvaged, in 
position latitude 40[deg]05'32.3'' N, longitude 74[deg]01'28.4'' W. 
This coordinate is based on Datum WGS 84. The duration of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters during the salvage operations. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
duration, and location of the temporary safety zone. The safety zone is 
effective for 30 days but will only be enforced for 7 days during 
active salvage operations. Vessel traffic will be able to safely 
transit around the safety zone while the safety zone is being enforced. 
Moreover, the Coast Guard will release the details of the zone via a 
Broadcast Notice to Mariners on VHF-FM radio channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, does not apply to rules not subject to notice and comment. As 
the Coast Guard has, for good cause, waived notice and comment 
requirement that would otherwise apply to this rulemaking, the 
Regulatory Flexibility Act's provisions do not apply here.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(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 a 
safety zone lasting 7 days that will prohibit entry within 500 yards of 
salvage operations of a sunken vessel. It is categorically excluded 
from further review under paragraph L60(a) of appendix A, table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 165

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

    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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0700, to read as follows:

[[Page 80402]]

Sec.  165.T05-0700  Safety Zone; Atlantic Ocean, Point Pleasant Beach, 
NJ.

    (a) Location. All navigable waters, on a portion of the Atlantic 
Ocean, within 500 yards of a sunken vessel being salvaged, in position 
latitude 40[deg]05'32.3'' N, longitude 74[deg]01'28.4'' W. (WGS 84)
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port (COTP), Sector Delaware Bay in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter or remain in the safety zone 
described in paragraph (a) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or (215) 271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. (1) The safety zone created by this section will 
be enforced only upon issuance of a Broadcast Notice to Mariners (BNM) 
by the COTP, as well as on-scene notice or other appropriate means in 
accordance with 165.7.
    (2) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (e) Enforcement period. This rule will be enforced for a seven-day 
period between October 1, 2024, and October 31, 2024, after issuance of 
a BNM, as detailed above.

    Dated: September 27, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-22817 Filed 10-2-24; 8:45 am]
BILLING CODE 9110-04-P


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