Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Rules and Regulations 54479 

Guard District, Operations Division, 

Auxiliary and Boating Safety Branch, at 

(757) 398–6204. 

SUPPLEMENTARY INFORMATION: The 

Wilmington YMCA will sponsor the 

Wilmington YMCA Triathlon on 

September 24, 2005 on the waters of 

Wrightsville Channel, Wrightsville 

Beach, North Carolina. The event will 

involve approximately 1100 swimmers 

competing along a course within the 

regulated area. In order to ensure the 

safety of the swimmers and transiting 

vessels, 33 CFR 100.513 will be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.513, a 

vessel may not enter the regulated area 

unless it receives permission from the 

Coast Guard Patrol Commander. 

In addition to this notice, the 

maritime community will be provided 

extensive advance notification via the 

Local Notice to Mariners, marine 

information broadcasts, local radio 

stations and area newspapers, so 

mariners can adjust their plans 

accordingly. 

Dated: August 31, 2005. 

L.L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 05–18341 Filed 9–14–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–05–113] 

RIN 1625–AA00 

Safety Zone; Manasquan Inlet 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Manasquan Inlet, to encompass all 

waters east of the Bascule Span Bridge 

in Manasquan, NJ. This temporary 

safety zone is needed to conduct an oil 

spill protective strategy test. This action 

is necessary to provide for the safety of 

the boating public, oil spill response 

workers and equipment during the 

strategic oil spill protective strategy test. 

DATES: This rule is effective from 7 a.m. 

to 1 p.m. on September 22, 2005. If the 

event is cancelled due to weather, this 

section is effective either September 21 

or 23. The Coast Guard Patrol 

Commander will announce by Broadcast 

Notice to Mariners the specific time this 

regulation will be enforced. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–05–

113 and are available for inspection or 

copying at Coast Guard Sector Delaware 

Bay, One Washington Avenue, 

Philadelphia, Pennsylvania, 19147, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Carmen McKinstry or 

Lieutenant Junior Grade Antoinett Scott, 

Coast Guard Sector Delaware Bay, at 

(215) 271–4889. 

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) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing a NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. Publishing a NPRM 

and delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

mariners against potential hazards 

associated with the protective strategy 

exercise. 

Background and Purpose 

The New Jersey Department of 

Environmental Protection 

commissioned a project to develop 

potential protection strategies for each 

tidal inlet along the Atlantic Coast of 

New Jersey. There are thirteen tidal 

inlets or channels along the New Jersey 

coastline that divide the barrier islands 

into segments. The inlets are subject to 

reversing tidal currents, and are 

conduits for the volume of water that 

flows in and out of the bay and 

estuarine system during tidal cycles. It 

is through these inlets that oil spilled on 

open ocean waters could reach 

environmentally sensitive resources, 

such as salt marshes, that occur along 

the bay and estuarine shorelines. 

Coastal tidal inlets are therefore focal 

points for designing oil spill response 

strategies to protect these vital resources 

from an oil spill. Exercises are 

conducted at NJ inlets and channels to 

develop strategic plans and to evaluate 

equipment. On September 22, 2005 an 

oil spill protective strategy exercise will 

be conducted at Manasquan Inlet. 

Regulatory Evaluation 

This temporary rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

The primary impact of this temporary 

rule will be on vessels wishing to transit 

the affected waterway during the oil 

spill protective strategy test on 

September 22, 2005. Although this 

temporary rule restricts vessel traffic 

from transiting Manasquan Inlet during 

the exercise, that restriction is limited in 

duration, affects only a limited area, and 

will be well publicized to allow 

mariners to make alternative plans. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this proposed 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. 

This will have virtually no impact on 

any small entities. This rule does not 

require a general notice of proposed 

rulemaking and, therefore, it is exempt 

from the requirement of the Regulatory 

Flexibility Act. Although this rule is 

exempt, we have reviewed it for 

potential economic impact on small 

entities. 

Therefore, the Coast Guard certifies 

under section 605(b) of the Regulatory 

Flexibility Act (5 U.S.C. 605(b)) that this 

will not have a significant impact on a 

substantial number of small entities. 

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 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 

54480 Federal Register / Vol. 70, No. 178 / Thursday, September 15, 2005 / Rules and Regulations 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–743–3247). 

Collection of Information 

This rule would call 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 this rule 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 would not result in 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would 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 proposed 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 concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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. 

We invite your comments on how this 

proposed rule might impact tribal 

governments, even if that impact may 

not constitute a ‘‘tribal implication’’

under the Order. 

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. 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. 

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 considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph (34)(g), of Commandant 

Instruction M16475.lD, this rule is 

categorically excluded from further 

environmental documentation. A 

‘‘Categorical Exclusion Determination’’

is 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, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add temporary § 165.T05–113 to 

read as follows: 

§ 165.T05–113 Safety zone; Manasquan 

Inlet. 

(a) Location. The following area is a 

temporary safety zone: All waters of the 

Manasquan Inlet, east of the Bascule 

Span Bridge in Manasquan, NJ. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) No person or vessel may enter or 

navigate within this safety zone unless 

authorized to do so by the Coast Guard 

or designated representatives. Any 

person or vessel authorized to enter the 

safety zone must operate in strict 

conformance with any directions given 

by the Coast Guard or designated 

representative and leave the safety zone 

immediately if the Coast Guard or 

designated representative so orders. 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (215) 271–4807. 

(3) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22 (157.1 MHZ). 

(c) Definitions. (1) The Captain of the 

Port means the Commanding Officer of 

Sector Delaware Bay or any Coast Guard 

commissioned warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(d) Effective period. This section is 

effective from September 22, 2005 from 

7 a.m. to 1 p.m. 

Dated: September 7, 2005. 

David L. Scott, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Delaware Bay. 

[FR Doc. 05–18340 Filed 9–14–05; 8:45 am] 

BILLING CODE 4910–15–P