Rule2021-12337
Safety Zone; Cape May, 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
June 11, 2021
Effective
June 27, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving safety zone on the waters of Cape May Harbor, Cape May Inlet, Atlantic Ocean, Delaware Bay, and Cape May Canal located in Cape May, NJ. This action is necessary to protect the surrounding public and vessels on these navigable waters during a paddleboat event. This regulation prohibits persons and vessels from entering, transiting, or remaining within the safety zone unless authorized by the Captain of the Port Delaware Bay or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 111 (Friday, June 11, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31170-31172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12337]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0132]
RIN 1625-AA00
Safety Zone; Cape May, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
on the waters of Cape May Harbor, Cape May Inlet, Atlantic Ocean,
Delaware Bay, and Cape May Canal located in Cape May, NJ. This action
is necessary to protect the surrounding public and vessels on these
navigable waters during a paddleboat event. This regulation prohibits
persons and vessels from entering, transiting, or remaining within the
safety zone unless authorized by the Captain of the Port Delaware Bay
or a designated representative.
DATES: This rule is effective from 8:30 a.m. to 1 p.m. on June 27,
2021.
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-
2021-0132 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Padilla, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division; telephone 215-271-4814,
email <a href="/cdn-cgi/l/email-protection#7238171c1c1b1417005c1e5c2213161b1e1e1332070111155c1f1b1e"><span class="__cf_email__" data-cfemail="ffb59a919196999a8dd193d1af9e9b9693939ebf8a8c9c98d1929693">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 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 it is impracticable and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the event. The rule must be in force
by June 27, 2021. We are taking immediate action to ensure the safety
of spectators and the general public from hazards associated with the
paddleboat event.
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
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a paddleboat event in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay
(COTP) has determined that potential hazards associated with a
paddleboat event will be a safety concern for anyone within 50 yards in
front of the lead safety vessel preceding the first event participants,
to 50 yards behind the safety vessel trailing the last event
participants, and at all times, extend 100 yards on either side of the
safety vessels and participants. This rule is needed to protect
personnel, vessels, and the public within the safety zone during the
paddleboat event.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone on the waters
of Cape May Harbor, Cape May Inlet, Atlantic Ocean, Delaware Bay, and
Cape May Canal located in Cape May, NJ, during a paddleboat event. The
rule will be enforced from 8:30 a.m. to 1 p.m. on June 27, 2021. The
moving safety zone will encompass all waters within 50 yards in front
of the lead safety vessel preceding the first event participants, to 50
yards behind the safety vessel trailing the last event participants,
and at all times extend 100 yards on either side of safety vessels and
participants. No person or vessel will be permitted to enter, transit
through, anchor in, or remain within the safety zone without obtaining
permission from the COTP Delaware Bay or a designated representative.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the COTP Delaware Bay or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the COTP Delaware Bay or a
designated representative. The Coast Guard will provide public notice
of the safety zone by Broadcast Notice to Mariners and by on-scene
actual notice from designated representatives. The regulatory text we
are proposing appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking.
[[Page 31171]]
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the following
considerations: (1) The moving safety zone would move at the pace of
event patrol vessels and participants, thus only impacting certain
waters of Cape May Harbor, Cape May Inlet, Atlantic Ocean, Delaware
Bay, and Cape May Canal for a limited time allowing for transiting
vessels to adjust; and (2) persons and vessels will still be able to
enter, transit through, anchor in, or remain within the regulated area
if authorized by the COTP Delaware Bay or a designated representative;
and (3) the Coast Guard will provide advance notification of the moving
safety zone to the local maritime community by Broadcast Notice to
Mariners, or by on-scene actual notice from designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
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
moving safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the navigable waters of Cape May Harbor, Cape May
Inlet, Atlantic Ocean, Delaware Bay, and Cape May Canal located in Cape
May, NJ, during a paddleboat event. 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 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:
[[Page 31172]]
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0132 to read as follows:
Sec. 165.T05-0132 Safety Zone; Cape May, NJ.
(a) Location. The following area is a moving safety zone: All
waters within 50 yards in front of the lead safety vessel preceding the
first event participants, to 50 yards behind the safety vessel trailing
the last event participants, and 100 yards on either side of
participant and safety vessels during the 2021 DeSatnick Foundation
Cape to Cape Paddleboat event. The safety zone will move with the
safety vessels and participants as they transit the waters east through
Cape May Harbor, south through Cape May Inlet, west through the
Atlantic Ocean, north through the Delaware Bay, then east through Cape
May Canal, and terminate at the Lost Fishermen's Memorial in Cape May
Harbor. The safety zone will move at the pace of event patrol vessels
and participants.
(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), 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 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. 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 from 8:30 a.m.
to 1 p.m. on June 27, 2021.
Dated: June 4, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2021-12337 Filed 6-10-21; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 11, 2021.
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.