Rule2021-16813
Special Local Regulation; Delaware Bay, Lower Township, 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
August 6, 2021
Effective
August 29, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation for certain navigable waters of the Delaware Bay. This action is necessary to provide safety of life on these navigable waters near Lower Township, NJ, during a swimming competition on August 29, 2021. This regulation prohibits persons and vessels from entering, transiting, or remaining within the regulated area unless authorized by the Captain of the Port Delaware Bay or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43087-43089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16813]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0146]
RIN 1625-AA08
Special Local Regulation; Delaware Bay, Lower Township, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
certain navigable waters of the Delaware Bay. This action is necessary
to provide safety of life on these navigable waters near Lower
Township, NJ, during a swimming competition on August 29, 2021. This
regulation prohibits persons and vessels from entering, transiting, or
remaining within the regulated area unless authorized by the Captain of
the Port Delaware Bay or a designated representative.
DATES: This rule is effective from 6:30 a.m. through 9:30 a.m. on
August 29, 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-
2021-0146 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="145e717a7a7d7271663a783a4475707d78787554616777733a797d78">[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
[[Page 43088]]
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. Notice to
the Coast Guard did not provide sufficient time to allow for a
reasonable comment period prior to the event. The rule must be in force
by August 29, 2021. We are taking immediate action to ensure the safety
of spectators and the general public from hazards associated with a
large number of persons participating in a swimming competition.
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 because immediate action is needed to
respond to the potential safety hazards associated with this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the swimming competition will be a
safety concern due to vessel traffic operating in proximity to a large
number of swimmers. This rule is needed to protect personnel, vessels,
and the public within the regulated area during the swimming
competition.
IV. Discussion of the Rule
This rule establishes a special local regulation on all navigable
waters of the Delaware Bay in Lower Township, NJ, bounded by a line
drawn from: Latitude 39[deg]0'57'' N, longitude 074[deg]56'56'' W in
Villas, NJ, thence west to latitude 39[deg]00'59'' N, longitude
074[deg]57'15'' W, thence south to latitude 38[deg]58'08'' N, longitude
074[deg]58'11'' W, thence east to latitude 38[deg]58'04'' N, longitude
074[deg]57'54'' W in North Cape May, NJ, thence north along the
shoreline to the point of origin. The rule will be enforced from 6:30
a.m. to 9:30 a.m. on August 29, 2021. No person or vessel will be
permitted to enter, transit through, anchor in, or remain within the
regulated area without obtaining permission from the COTP Delaware Bay
or a designated representative. If authorization to enter, transit
through, anchor in, or remain within the regulated area 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 regulated area by Broadcast
Notice to Mariners and by on-scene actual notice from designated
representatives.
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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on size, time of day,
and duration of the regulated area, which would impact a small
designated area of the Delaware Bay for three and one half hours. The
regulated area does not include any marinas, piers, or other areas used
to launch vessels. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the status of the regulated
area. This regulatory action determination is based on the following
considerations: (1) Vessel traffic will be able to safely transit
around this safety zone which would impact a small designated area of a
Lower Township, NJ, for three and a half hours during the event; (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 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
regulated area may be small entities, for the reasons stated in section
V 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
[[Page 43089]]
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
special local regulation that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the navigable water on a portion of the Delaware Bay in
Lower Township, NJ, during a swimmimg competition lasting approximately
three and one half hours. 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 100
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 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: 46 U.S.C. 70041; 33 CFR 1.05-
0
2. Add Sec. 100.T05-0146 to read as follows:
Sec. 100.T05-0146; Special Local Regulation; Delaware Bay, Lower
Township, NJ.
(a) Location. The following location is a regulated area. All
navigable waters of the Delaware Bay in Lower Township, NJ, bounded by
a line drawn from: Latitude 39[deg]0'57'' N, longitude 074[deg]56'56''
W in Villas, NJ, thence west to latitude 39[deg]00'59'' N, longitude
074[deg]57'15'' W, thence south to latitude 38[deg]58'08'' N, longitude
074[deg]58'11'' W, thence east to latitude 38[deg]58'04'' N, longitude
074[deg]57'54'' W in North Cape May, NJ, thence north along the
shoreline to the point of origin.
(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
regulated area.
(c) Regulations. (1) The COTP Delaware Bay or a designated
representative may forbid and control movement of all vessels and
persons, including event participants, in the regulated area. When
hailed or signaled by an official patrol, a vessel or person in the
regulated area shall immediately comply with the directions given by
the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Delaware Bay or a designated representative
may terminate the event, or a participant's operations at any time the
COTP Delaware Bay or designated representative believes it necessary to
do so for the protection of life or property.
(2) To seek permission to enter or remain in the regulated area,
contact the COTP or the COTP's representative via VHF-FM channel 16 or
215-271-4807. Those in the regulated area 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 regulated area by Federal, State, and local
agencies.
(e) Enforcement period. This zone will be enforced from 6:30 a.m.
through 9:30 a.m. on August 29, 2021.
Dated: August 3, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2021-16813 Filed 8-5-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 6, 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.