[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Rules and Regulations]
[Pages 54479-54480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18340]


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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.

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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

[[Page 54480]]

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.


0
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

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(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


0
2. Add temporary Sec.  165.T05-113 to read as follows:


Sec.  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]
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