Rule2024-25718
Safety Zone; Atlantic Ocean, Point Pleasant Beach, NJ
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 6, 2024
Effective
November 6, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 215 (Wednesday, November 6, 2024)</title>
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[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87953-87955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25718]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0972]
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 November 6,
2024 through November 30, 2024. For the purposes of enforcement, actual
notice will be used from October 31, 2024, through November 6, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0972 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 Jonathan Lougheed, Waterways
Management Division, U.S. Coast Guard Sector Delaware Bay; (215) 271-
4814, <a href="/cdn-cgi/l/email-protection#b9eadcdafddcd5fbd8c0eeeef4f9cccadade97d4d0d5"><span class="__cf_email__" data-cfemail="91c2f4f2d5f4fdd3f0e8c6c6dcd1e4e2f2f6bffcf8fd">[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 31,
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
[[Page 87954]]
this rule would be impracticable 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 31, 2024, through November 30, 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 analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do 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.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
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
[[Page 87955]]
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.T05-0972, to read as follows.
Sec. 165.T05-0972 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.
(3) 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 Sec. 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 31, 2024, and November 30, 2024, after issuance
of a BNM, as detailed above.
Dated: October 31, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-25718 Filed 11-5-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 6, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.