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contains regulatory documents having general

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are keyed to and codified in the Code of

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REGISTER issue of each week.

Rules and Regulations Federal Register

56467 

Vol. 75, No. 179 

Thursday, September 16, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0817] 

RIN 1625–AA00 

Safety Zone; Ocean City Beachfront 

Air Show, Ocean City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

an area of the Atlantic Ocean, Ocean 

City, NJ. The temporary safety zone will 

restrict vessel traffic from a portion of 

the Atlantic Ocean during the Ocean 

City Beachfront Air Show, which is an 

aerial demonstration to be held over the 

waters of the Atlantic Ocean. The 

temporary safety zone is necessary to 

provide for the safety of mariners on 

navigable waters during the aerial 

demonstration. 

DATES: This rule is effective from 12 

p.m. to 3 p.m. on September 18, 2010 

and from 12 p.m. to 4 p.m. on 

September 19, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0817 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0817 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant Corrina 

Ott, Chief of Waterways Management 

Branch, Coast Guard; telephone 215– 

271–4902, e-mail Corrina.Ott@uscg.mil. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This 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.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing an NPRM is impracticable 

and contrary to the public interest. 

Delaying the effective date by first 

publishing an NPRM and holding a 

comment period would be contrary to 

the rule’s objectives of ensuring safety of 

life on the navigable waters during this 

air show, as immediate action is needed 

to protect persons and vessels from 

hazards associated with air shows. 

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. Any delay in the effective date 

of this regulation would be contrary to 

the public interest as immediate action 

is necessary to protect persons and 

vessels from hazards associated with air 

shows over the water. 

Basis and Purpose 

On September 18–19, 2010, the Ocean 

City Business and Neighborhood 

Development, Inc. will sponsor the 

Ocean City Beachfront Air Show. The 

event will consist of high performance 

jet aircraft performing low altitude 

aerial maneuvers over the waters of the 

Atlantic Ocean adjacent to Ocean City, 

New Jersey. A fleet of spectator vessels 

are expected to gather nearby to view 

the aerial demonstration. The temporary 

zone is necessary in order to prevent 

injury or damage to property from any 

falling object associated with the air 

show. This rule is required due to the 

inherent dangers of high-speed aerial 

maneuvers involved with these types of 

events. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone in the waters of 

the Atlantic Ocean in Ocean City, NJ 

from 12 p.m. to 3 p.m. on September 18, 

2010 and from 12 p.m. to 4 p.m. on 

September 19, 2010. The temporary 

safety zone will restrict vessel traffic in 

the Atlantic Ocean in the immediate 

area of the Ocean City Airshow taking 

place inside a boundary described as 

originating at 39°16′28′′ N, 074°33′38′′ 

W, then southeasterly to 39°16′20′′ N, 

074°33′30′′ W, then southwesterly to 

latitude 39°15′38′′ N, 074°34′41′′ W, then 

northwesterly to 39°15′47′′ N, 

074°34′51′′ W, then returning 

northeasterly to 39°16′28′′ N, 074°33′38′′ 

W. 

During the enforcement period of the 

safety zone, all persons and vessels will 

be prohibited from entering, transiting, 

mooring, or remaining within the zone 

unless specifically authorized by the 

Captain of the Port Delaware Bay, or 

designated representative. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. Due to the short duration of the 

safety zone and the ability of vessel 

traffic to transit around the safety zone, 

the regulatory impact is expected to be 

minimal. 

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 


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56468 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 

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 coastal 

waters in the vicinity of Ocean City, 

New Jersey during the event. 

This safety zone 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 12 

p.m. to 3 p.m. on September 18, 2010 

and from 12 p.m. to 4 p.m. on 

September 19, 2010. Vessel traffic will 

be allowed to pass through the zone 

with the permission of the Coast Guard 

patrol commander. Before the 

enforcement period, the Coast Guard 

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 

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. 

Taking of Private Property 

This rule will not cause 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 

Department of Homeland Security 

Management Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction and neither an 

environmental assessment or 

environmental impact statement is 

required. This rule involves a limitedin-duration safety zone around an aerial 

display intended to protect life and 

property on the navigable waterways of 

the Atlantic Ocean. An environmental 

analysis checklist and a categorical 

exclusion determination will be 

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. 


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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 56469 

■ 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 

■ 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, 3306, 3703; 50 U.S.C 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0817, to read as 

follows: 

§ 165.T05–0817 Safety Zone; Ocean City 

Beachfront Air Show, Ocean City, New 

Jersey. 

(a) Location. The safety zone includes 

all coastal waters of the North Atlantic 

Ocean, immediately adjacent to the 

shoreline at Ocean City, NJ, inside a 

boundary described as originating from 

39°16′28′′ N., 074°33′38′′ W., then 

southeasterly to 39°16′20′′ N., 

074°33′30′′ W., then southwesterly to 

39°15′38′′ N., 074°34′41′′ W., then 

northwesterly to 39°15′47′′ N., 

074°34′51′′ W., then returning 

northeasterly to 39°16′28′′ N., 

074°33′38′′ W. 

(b) Regulations: 

(1) Except for persons or vessels 

authorized by the Captain of the Port 

Delaware Bay or designated 

representative, no person or vessels may 

enter or remain in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall; 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(c) Definitions. 

(1) Designative representative means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Delaware Bay to act on his or her behalf. 

(2) Official Patrol means any vessel 

assigned or approved by Captain of the 

Port Delaware Bay with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign as well as any assisting local law 

enforcement vessels. 

(d) Enforcement period. This rule will 

be enforced from 12 pm. to 3 p.m. on 

September 18, 2010 and from 12 p.m. to 

4 p.m. on September 19, 2010. 

Dated: August 30, 2010. 

R.T. Gatlin, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Delaware Bay. 

[FR Doc. 2010–23177 Filed 9–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0723] 

RIN 1625–AA00 

Safety Zone; Ohio River, Wheeling, 

WV, Wheeling Heritage Port 

Sternwheel Foundation Fireworks 

Display 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone from Mile 

Marker 90.2 to Mile Marker 90.5 on the 

Ohio River extending the full width of 

the river. The safety zone is needed to 

protect spectators and marine traffic 

during the Wheeling Heritage Port 

Sternwheel Foundation fireworks 

display. Entry into the safety zone is 

prohibited, unless specifically 

authorized by the Captain of the Port 

Pittsburgh or a designated 

representative. 

DATES: This rule is effective from 

September 18, 2010 through September 

19, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2010– 

0723 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0723 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail ENS Robyn Hoskins, 

Marine Safety Unit Pittsburgh, Coast 

Guard; telephone 412–644–5808 Ext. 

2140, e-mail 

Robyn.G.Hoskins@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This 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.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM). 

A NPRM would be impracticable with 

respect to this rule because immediate 

action is needed to protect spectators 

and marine traffic during the Wheeling 

Heritage Port Sternwheel Foundation 

fireworks display that will occur in the 

city of Wheeling, WV. 

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 

would be impracticable and contrary to 

public interest because immediate 

action is needed to protect spectators 

and marine traffic during the Wheeling 

Heritage Port Sternwheel Foundation 

fireworks display. 

Basis and Purpose 

The Coast Guard is establishing a 

safety zone from Mile Marker 90.2 to 

Mile Marker 90.5 on the Ohio River 

extending the full width of the river. 

The safety zone is needed to protect 

spectators and marine traffic during the 

Wheeling Heritage Port Sternwheel 

Foundation fireworks display. 

Discussion of Rule 

Vessels shall not enter into, depart 

from, or move within the safety zone 

without permission from the Captain of 

the Port Pittsburgh or his authorized 

representative. Persons or vessels 

requiring entry into or passage through 

the safety zone must request permission 

from the Captain of the Port Pittsburgh, 

or a designated representative. They 

may be contacted on VHF–FM Channel 

13 or 16, or through Coast Guard Sector 

Ohio Valley at 1–800–253–7465. This 

safety zone will be enforced from 

8:45 p.m. to 10:15 p.m. on September 

18, 2010. In the event of rain, this safety 

zone will be enforced from 8:45 p.m. to 

10:15 p.m. on September 19, 2010. The 

Captain of the Port Pittsburgh will 

inform the public through broadcast 

notices to mariners of the enforcement 

period for the safety zone as well as any 

changes in the planned schedule. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 


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