[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35236-35239]
[FR Doc No: 2015-15184]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0329]
RIN 1625-AA08

Special Local Regulations for Marine Events, Atlantic Ocean;
Atlantic City, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date
of the special local regulation for the recurring OPA Atlantic City
Grand Prix boat race, held in the waters of the North Atlantic Ocean,
adjacent to Atlantic City, New Jersey. The change of enforcement date
for the special local regulation is necessary to provide for the safety
of life on navigable waters during the event. This action will restrict
vessel traffic in the waters of the Atlantic Ocean adjacent to Atlantic
City, New Jersey, during the event, from 10:00 a.m. to 6:00 p.m. on
June 20, 2015 and June 21, 2015.

DATES: This rule is effective June 20-21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0329]. 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 Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector
Delaware Bay, Chief Waterways Management Division, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>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
COTP Captain of the Port

A. Regulatory History and Information

    The regulation for this recurring marine event may be found at 33
CFR 100.501, Table to Sec.  100.501, section (a), line ``4''. This
year, the date is different than published in the Table, so this
temporary final rule has been issued.
    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 because information about the new date was
not received by the Coast Guard with sufficient time to publish a
Notice of Proposed Rulemaking.
    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 for the same reason: There was not
enough time to publish the final rule more than thirty days before the
event date.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations.
    The purpose of this special local regulation is to provide for the
safety of participants, spectator craft, and other vessels transiting
the event area while the boat race is occurring.

C. Discussion of Rule

    The Coast Guard has previously published a list of annual marine
events within the Fifth Coast Guard District and special local
regulation locations at 33 CFR 100.501. The Table to Sec.  100.501
identifies special local regulations by COTP zone, with the COTP
Delaware Bay zone listed in section ``(a.)'' of the Table. The Table to
Sec.  100.501, at section (a.) event Number ``4'', describes the
enforcement date and regulated location for this marine event.
    The date listed in the Table has the marine event on the fourth
Sunday of June. However, this temporary rule changes the marine event
date to June 20, 2015 and June 21, 2015, to reflect the actual date of
the event.
    The Coast Guard will temporarily suspend the regulation listed in
Table to Sec.  100.501, section (a) event Number ``4'', and insert this
temporary regulation at Table to Sec.  100.501, at section (a.) as
event Number ``15'', in order to reflect that the special local
regulation will be effective and enforced from 10:00 a.m. until 6:00
p.m. on June 20, 2015 and June 21, 2015. This change is needed to
accommodate the sponsor's event plan. No other portion of the Table to
Sec.  100.501 or other provisions in Sec.  100.501 shall be affected by
this regulation.
    The regulated area of this special local regulation includes all
the waters of the North Atlantic Ocean, adjacent to Atlantic City, New
Jersey, bounded by a line drawn between the following points: From a
point along the shoreline at latitude 39[deg]21'50'' N, longitude
074[deg]24'37'' W, thence southeasterly to latitude 39[deg]20'40'' N,
longitude 074[deg]23'50'' W, thence southwesterly to latitude
39[deg]19'33'' N, longitude 074[deg]26'52'' W, thence northwesterly to
a point along the shoreline at latitude 39[deg]20'43'' N, longitude
074[deg]27'40'' W, thence northeasterly along the shoreline to point of
origin at latitude 39[deg]21'50'' N, longitude 074[deg]24'37'' W.
    A fleet of spectator vessels is anticipated to gather nearby to
view the marine event. Due to the need for vessel control during the
marine event vessel traffic will be temporarily restricted to provide
for the safety of participants, spectators and transiting vessels.
Under provisions of 33 CFR 100.501, during the enforcement period,
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.
    The Coast Guard may assign an event patrol, as described in 33 CFR
100.40, to each regulated event listed in the table. Additionally, a
Patrol Commander may be assigned to oversee the patrol. The event
patrol and Patrol Commander may be contacted on VHF-FM Channel 16.
During the event, the Coast Guard Patrol Commander may forbid and
control the movement of all vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, a vessel in these
areas shall immediately comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both. The Coast Guard Patrol Commander may terminate the
event, or the operation of any vessel participating in the event, at
any time it is deemed necessary for the protection of life or property.
Coast Guard Sector Delaware Bay will notify the public by broadcast
notice to mariners at least one hour prior to the times of enforcement.

D. 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 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 Special local regulation to the maritime
public via maritime advisories so mariners can alter their plans
accordingly; (ii) vessels may still be permitted to transit through the
special local regulation with the permission of the Captain of the Port
on a case-by-case basis; and (iii) this rule will be enforced for only
the duration of the boat race.

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 in the waters of the North Atlantic Ocean, adjacent to
Atlantic City, New Jersey, on June 20, 2015 and June 21, 2015 from
10:00 a.m. to 6:00 p.m., unless cancelled earlier by the Captain of the
Port.
    This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reason: vessel traffic

will be allowed to transit through the area with permission of the
Coast Guard Captain of the Port, Delaware Bay, or his designated
representative and the special local regulation is limited in size and
duration. Sector Delaware Bay will issue maritime advisories widely
available to all waterway users.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. 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.

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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule would 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 From Environmental Health Risks

    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 would not create an
environmental risk to health or risk to safety that might
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 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.

12. Energy Effects

    This rule 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 100, applicable to special local regulations on the navigable
waterways. This zone will temporarily restrict vessel traffic from
transiting the waters of the Atlantic Ocean adjacent to Atlantic City,
NJ, in order to protect the safety of life and property on the waters
for the duration of the air show. This rule is categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary 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 100

    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 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. In the Table to Sec.  100.501:
0
a. Suspend line No. (a.) 4; and
0
b. Add line No. (a.) 15 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *

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     Number               Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
                                 (a.) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
15..............  June-20, 21th......  OPA Atlantic City   Offshore            The waters of the North Atlantic
                                        Grand Prix.         Performance Assn.   Ocean, adjacent to Atlantic
                                                            & New Jersey        City, New Jersey, bounded by a
                                                            Offshore Racing     line drawn between the following
                                                            Assn.               points: From a point along the
                                                                                shoreline at latitude
                                                                                39[deg]21'50'' N, longitude
                                                                                074[deg]24'37'' W, thence
                                                                                southeasterly to latitude
                                                                                39[deg]20'40'' N, longitude
                                                                                074[deg]23'50'' W, thence
                                                                                southwesterly to latitude
                                                                                39[deg]19'33'' N, longitude
                                                                                074[deg]26'52'' W, thence
                                                                                northwesterly to a point along
                                                                                the shoreline at latitude
                                                                                39[deg]20'43'' N, longitude
                                                                                074[deg]27'40'' W, thence
                                                                                northeasterly along the
                                                                                shoreline to point of origin at
                                                                                latitude 39[deg]21'50'' N,.
                                                                                longitude.074[deg]24'37'' W.

                                                  * * * * * * *
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    Dated: June 2, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-15184 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P


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Page 36 of 36


[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Notices]
[Pages 10856-10857]
[FR Doc No: 2016-04603]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0836; FRL-9943-12-Region 3]

Proposed Information Collection Request; Comment Request;
Collection of Information on Anaerobic Digestion Facilities Processing
Wasted Food To Support EPA's Sustainable Food Management Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Collection of Information on
Anaerobic Digestion Facilities Processing Wasted Food to support EPA's
Sustainable Food Management Programs'' (EPA ICR No. 2533.01, OMB
Control No. 2050-NEW) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a request for approval of a new collection. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be submitted on or before May 2, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2015-0836 online using www.regulations.gov or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 228221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Melissa Pennington, U.S. Environmental
Protection Agency, Region 3, Mail Code 3LC40, 1650 Arch Street,
Philadelphia, PA 19103; telephone number:<PHONE_NUMBER>; fax number:
215-814-3114; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed

collection of information is necessary for the proper performance of
the functions of the Agency, including whether the information will
have practical utility; (ii) evaluate the accuracy of the Agency's
estimate of the burden of the proposed collection of information,
including the validity of the methodology and assumptions used; (iii)
enhance the quality, utility, and clarity of the information to be
collected; and (iv) minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses. EPA will consider the
comments received and amend the ICR as appropriate. The final ICR
package will then be submitted to OMB for review and approval. At that
time, EPA will issue another Federal Register notice to announce the
submission of the ICR to OMB and the opportunity to submit additional
comments to OMB.
    Abstract: EPA's Office of Land and Emergency Management Sustainable
Food Management (SFM) program is designed to advance sustainable food
management practices throughout the United States by preventing and
diverting wasted food from landfills. The focal point of the SFM
program is the Food Recovery Challenge in which organizations pledge to
improve their sustainable food management practices. The success of the
SFM program efforts to divert wasted food from landfills requires
sufficient capacity to process the diverted materials which includes
composting and anaerobic digestion operations. In addition to
increasing opportunity to process wasted food diverted from the
municipal solid waste stream, anaerobic digesters achieve social,
environmental and economic benefits, such as generation of renewable
energy, reduction of methane emissions, and opportunities to improve
soil health through the production of soil amendments. The SFM program
supports these efforts by educating state and local governments and
communities about the benefits of wasted food diversion. The SFM
program also builds partnerships with state agencies and other
strategic partners interested in developing organics recycling capacity
and provides tools to assist organizations in developing anaerobic
digestion (AD) projects.
    This information collection consists of a request for data not
currently available on AD facilities processing wasted food as well as
a review and update of the existing SFM AD facility inventory.
Correspondence will include a questionnaire through which respondents
can provide new information on their AD projects and an update to the
existing AD facility inventory, if appropriate. This will be the first
time the SFM program has formally collected data for this inventory.
    Form numbers: None.
    Respondents/affected entities: State Liaisons, Industry
Representatives, Project Owner/Operators, and Other Stakeholders (e.g.
non-profits).
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 460 (total).
    Frequency of response: Annually.
    Total estimated burden: 231 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $16,972 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in estimates: There are no changes in burden estimates as
this is a new ICR.

    Dated: February 18, 2016.
John A. Armstead,
Director, Land and Chemicals Division, EPA Region III.
[FR Doc. 2016-04603 Filed 3-1-16; 8:45 am]
 BILLING CODE 6560-50-P