
[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59650-59653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23659]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0855]
RIN 1625-AA00


Safety Zone, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape 
May, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
on the waters of the Delaware Bay and North Atlantic Ocean adjacent to 
Cape May, New Jersey. The safety zones will restrict vessel traffic on 
a portion of the Delaware Bay and North Atlantic Ocean while a Navy 
exercise is taking place. These temporary safety zones are necessary to 
protect the surrounding public and vessels from the hazards associated 
the exercise.

DATES: This rule is effective October 3, 2014 through October 24, 2014 
and will be enforced from October 16, 2014 to October 24, 2014 from 
6:00 a.m. until 8:00 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0855]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email If you have questions on this temporary rule, call or 
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware 
Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 
271-4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 as publishing an NPRM is impracticable given 
that the final details for this event were not received by the Coast 
Guard until September 8, 2014, and this exercise is scheduled to take 
place from October 16, 2014 to October 24, 2014. Further, allowing this 
event to go forward

[[Page 59651]]

without these safety zones in place would expose mariners and the 
public to unnecessary dangers associated with this exercise contrary to 
the public interest. Vessels transiting or attempting to transit 
through these areas may be at risk, and therefore the safety zones are 
needed to protect the public from the hazards associated with this 
exercise. Therefore, delay in taking action is both impracticable and 
contrary to public interest.
    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 as any delay encountered in this 
regulation's effective date would be contrary to public interest 
because immediate action is needed to provide for the safety of life 
and property from the hazards associated with the naval exercise.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    From October 16, 2014, until October 24, 2014, a Navy exercise will 
take place in a portion of the Delaware Bay and the North Atlantic 
Ocean near Cape May, New Jersey. This regulation is necessary because 
of the ongoing hazards associated with the exercise. Once operations 
are concluded, an informational broadcast will inform mariners that the 
saftey zone is no longer being enforced. The Captain of the Port is 
establishing this safety zone to ensure the safety of life and property 
of all mariners and vessels transiting the local area.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Navy exercise, the 
Captain of the Port, Sector Delaware Bay will enforce temporary safety 
zones in Delaware Bay and the North Atlantic Ocean near Cape May, New 
Jersey. The safety zones will encompass two areas within Delaware Bay 
and one area in the North Atlantic Ocean.
    The first safety zone will encompass all waters of the Delaware 
Bay, bounded by a line connecting the following points; latitude 
38[deg]54'10'' N, longitude 075[deg]03'12'' W thence north to latitude 
39[deg]02'24'' N, longitude 075[deg]02'38'' W thence east to latitude 
39[deg]02'24'' N, longitude 075[deg]01'42'' W thence southeast to 
latitude 38[deg]54'22'' N, longitude 075[deg]01'18'' W thence west to 
point of origin.
    The second safety zone will encompass all waters of the Delaware 
Bay bounded by a line connecting the following points; latitude 
38[deg]54'17'' N, longitude 075[deg]07'50'' W thence northwest to 
latitude 39[deg]04'06'' N, longitude 075[deg]13'54'' W thence northeast 
to latitude 39[deg]04'39'' N, longitude 074[deg]12'39'' W thence 
southeast to latitude 38[deg]55'04'' N, longitude 075[deg]06'38'' W 
thence southwest to point of origin.
    The third safety zone will encompass a portion of the North 
Atlantic Ocean bounded by a line connecting the following points; 
latitude 38[deg]49'57'' N, longitude 074[deg]47'41'' W thence northeast 
to latitude 38[deg]54'28'' N, longitude 074[deg]43'15'' W thence 
southeast to latitude 38[deg]54'11'' N, longitude 074[deg]42'45'' W 
thence southwest to latitude 38[deg]49'39'' N, longitude 
074[deg]47'10'' W thence northwest to point of origin, off the coast of 
Cape May, NJ.
    All of the safety zones will be effective and enforced from October 
16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) the Coast Guard will make 
extensive notification of the Safety Zone to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
this rule will be enforced until the area is deemed safe to transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 anchor or transit along a portion of Delaware Bay and 
North Atlantic Ocean adjacent to Cape May, New Jersey from October 16, 
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day, 
unless cancelled earlier by the Captain of the Port once all operations 
are completed. Once operations are concluded, an informational 
broadcast will inform mariners that the safety zone is no longer being 
enforced.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: the zone 
is limited in size and duration. Sector Delaware Bay will issue 
maritime advisories widely available to users of the Delaware River.

3. 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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

[[Page 59652]]

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 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 implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
The zones will temporarily restrict vessel traffic from transiting a 
portion of the Delaware Bay and North Atlantic Ocean in vicinity of 
Cape May, New Jersey, in order to protect the safety of life and 
property on the waters until the exercise is complete. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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:  33 U.S.C 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


0
2. Add temporary Sec.  165.T05-0855 to read as follows


Sec.  165.T05-0855  Safety Zones, Navy Exercise, Delaware Bay and 
Atlantic Ocean; Cape May, NJ.

    (a) Regulated area. The following areas are safety zones: (1) All 
waters of the Delaware Bay, bounded by a line connecting the following 
points: s all waters of the Delaware Bay, bounded by a line connecting 
the following points; latitude 38[deg]54'10'' N, longitude 
075[deg]03'12'' W thence north to latitude 39[deg]02'24'' N, longitude 
075[deg]02'38'' W thence east to latitude 39[deg]02'24'' N, longitude 
075[deg]01'42'' W thence southeast to latitude 38[deg]54'22'' N, 
longitude 075[deg]01'18'' W thence west to point of origin.
    (2) All waters of the Delaware Bay bounded by a line connecting the 
following points; latitude 38[deg]54'17'' N, longitude 075[deg]07'50'' 
W thence northwest to latitude 39[deg]04'06'' N, longitude 
075[deg]13'54'' W thence northeast to latitude 39[deg]04'39'' N, 
longitude 074[deg]12'39'' W thence southeast to latitude 38[deg]55'04'' 
N, longitude 075[deg]06'38'' W thence southwest to point of origin.
    (3) All waters of the North Atlantic Ocean bounded by a line 
connecting the following points; latitude 38[deg]49'57'' N, longitude 
074[deg]47'41'' W thence northeast to latitude 38[deg]54'28'' N, 
longitude 074[deg]43'15'' W thence southeast to latitude 38[deg]54'11'' 
N, longitude 074[deg]42'45'' W thence southwest to latitude 
38[deg]49'39 ''N, longitude 074[deg]47'10'' W thence northwest to point 
of origin, off the coast of Cape May, NJ.
    (b) Enforcement period. This rule will be enforced from October 16, 
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day, 
unless cancelled earlier by the Captain of the Port once all operations 
are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) This section applies to all vessels wishing to transit through 
the Safety

[[Page 59653]]

Zone except vessels that are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (2) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (3) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (4) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (5) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander 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 
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: September 23, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-23659 Filed 10-2-14; 8:45 am]
BILLING CODE 9110-04-P


