The New Jersey Department of Environmental Protection has submitted a final revision to the state implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS).

The SIP revision includes: 1.  The State's reasonably available control technology (RACT) determination for ozone;

2.  The 2011 periodic emission inventory;

3.  The carbon monoxide maintenance plan for the New Jersey portion of the New York-Northern New Jersey-Long Island carbon monoxide maintenance area and changes to the carbon monoxide air monitoring network.

The final SIP revision also includes information on public participation, the public comments received and the responses to the public comments in Appendix IV.

Copies of the Department's SIP revision are available from the Department's web site at: http://www.state.nj.us/dep/baqp/sip/siprevs.htm.


[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33700-33703]
[FR Doc No: 2013-13282]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0402]
RIN 1625-AA08

Special Local Regulations for Marine Events, Pleasantville
Aquatics 15th Annual 5K Open Water Swim, Intracoastal Waterway;
Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the Intracoastal Waterway in Atlantic City, NJ. This special local
regulation will restrict vessel traffic on a portion of the
Intracoastal Waterway from operating while a swim event is taking
place. This special local regulation is necessary to protect the
swimmers from the hazards associated with passing vessel traffic.

DATES: This rule will be effective from 9 a.m. until 12 noon on June 9,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0402]. 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
temporary rule, call or email Lieutenant Corrina Ott, Chief Waterways
Management, Sector Delaware Bay, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

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 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 immediate action is necessary to
provide for the safety of life and property in the navigable water. In
addition, publishing an NPRM is impracticable given that the final
details for this event were not received by the Coast Guard with
sufficient time for a notice and comment period to run before the start
of the event. Thus, delaying this rule to wait for a notice and comment
period to run would be impracticable and would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect the
swimmers from the hazards associated with maritime traffic.
    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 reasons discussed in
the preceding paragraph, a 30 day notice period would be impracticable
and contrary to the public interest.

B. Basis and Purpose

    On June 9, 2013, swimmers will be in the waters of the Intracoastal
Waterway for the Pleasantville Aquatics 15th Annual 5K Open Water Swim.
The Captain of the Port, Sector Delaware Bay, has determined that this
rule is necessary to ensure safety of life on the navigable waters of
the United States during the open water swim.

C. Discussion of Rule

    On June 9, 2013, Pleasantville Aquatics will host a 5K swimming
race between Albany Avenue and Dorset Avenue bridges. The race will be
conducted in two waves beginning at 9 a.m. A shorter 2K race will also
be conducted in two waves beginning at 11 a.m.
    To mitigate the risks associated with the swim race, the Captain of
the Port, Sector Delaware Bay has established a special local
regulation in the vicinity of the swim sites. The regulated area will
encompass all waters shoreline to shoreline starting at 39[deg] 20'
31'' N, 74[deg] 28' 41'' W North to 39[deg] 21' 52'' N, 74[deg] 26'
48'' W East to 39[deg] 21' 51'' N, 74[deg] 26' 43'' W South to 39[deg]
20' 30'' N, 74[deg] 28' 40'' W West to 39[deg] 20' 31'' N, 74[deg] 28'
41'' W. The regulated area will be effective and enforced from 9 a.m.
to 12 p.m. on June 9, 2013.
    Entry into, transiting, or anchoring within the regulated area is
prohibited unless authorized by the Captain of the Port, Sector
Delaware Bay, or her representative. The Captain of the Port, Sector
Delaware Bay, or her representative may be contacted via VHF channel
16.

D. 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.

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, 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. Although this regulation restricts vessel
traffic from operating within the safety zone on the navigable waters
of the Intracoastal Waterway, Atlantic City, NJ, the effect of this
regulation will not be significant due to the limited duration that the
safety zone will be in effect. The enforcement window will be for three
hours. The race has been conducted in years past, as this is the 15th
annual event, therefore, mariners should expect this event to occur.

2. Impact on 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 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
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the Intracoastal Waterway between
9 a.m. and 12 p.m. on June 9, 2013.
    This regulation will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will only be enforced for a short period of time. In addition,
this is an annual event that mariners who frequently navigate these
waters are familiar with. In the event that this special local
regulation affects shipping, commercial vessels may request permission
from the Captain of the Port, Sector Delaware Bay, to transit through
regulated area. The Coast Guard will give notice to the public via a
Broadcast to Mariners that the regulation is in effect.

3. 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.

4. 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).

5. 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.

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 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.

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 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 involves the establishment of a safety zone for a duration of
less than one week in order to ensure the safety of swimmers. This rule
is categorically excluded, under figure 2-1, paragraph 34(h), of the
Instruction because it involves the establishment of a special local
regulation. An environmental analysis checklist and a categorical
exclusion determination are not required. 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, 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. Add temporary Sec.  100.35T05-0402, to read as follows:

Sec.  100.35T05-0402  Special Local Regulations for Marine Events,
Pleasantville Aquatics 15th Annual 5K Open Water Swim, Intracoastal
Waterway; Atlantic City, NJ.

    (a) Location. The regulated area will encompass all waters
shoreline to shoreline starting at 39[deg]20'31'' N, 74[deg]28'41'' W
North to 39[deg]21'52'' N, 74[deg]26'48'' W East to 39[deg]21'51'' N,
74[deg]26'43'' W South to 39[deg]20'30'' N, 74[deg]28'40'' W West to
39[deg]20'31'' N, 74[deg]28'41'' W.
    (b) Enforcement period. This rule will be enforced from 9 a.m.
until 12 noon on June 9, 2013.
    (c) Regulations. All persons are required to comply with the
general regulations governing special local regulations in 33 CFR part
100.
    (1) No person or vessel may approach or remain within 100 yards of
any swimmer or safety craft within the regulated area during the
enforcement period of this regulation unless they are officially
participating in the 15th Annual 5K Open Water Swim event or are
otherwise authorized by the Captain of the Port Sector Delaware Bay or
her Designated on scene Patrol Commander.
    (2) 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.
    (3) The Coast Guard Patrol Commander may delay, modify, or
terminate the event, at any time if it is deemed necessary for the
protection of life or property.
    (4) Only event sponsor designated participants and official patrol
vessels are allowed to enter the regulated area.
    (5) Spectators are allowed inside the regulated area only if they
remain within a designated spectator area. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at safe speed and without loitering.
    (6) To seek permission to transit the regulated area, the Captain
of the Port or her representative can be contacted via Sector Delaware
Bay Command Center<PHONE_NUMBER> or via VHF radio on channel 16.
    (7) This section applies to all vessels wishing to transit through
the regulated area except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (8) Each person and vessel in the regulated area shall obey any
direction or order of the Captain of the Port;
    (9) The Captain of the Port may take possession and control of any
vessel in the regulated area;
    (10) The Captain of the Port may remove any person, vessel,
article, or thing from the regulated area;
    (11) No person may board, or take or place any article or thing on
board, any vessel in the regulated area without the permission of the
Captain of the Port; and
    (12) No person may take or place any article or thing upon any
waterfront facility in the regulated area without the permission of the
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commanding
Officer of Sector Delaware Bay and the ``on-scene

representative'' of the Captain of the Port, Sector Delaware Bay is 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 regulated by Federal, State, and local agencies.

    Dated: May 20, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Sector Delaware Bay.
[FR Doc. 2013-13282 Filed 6-4-13; 8:45 am]
BILLING CODE 9110-04-P