Proposed Rule2022-03256
Special Local Regulations; Annual Events in Captain of the Port Delaware Bay Zone
Primary source
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Published
February 17, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish special local regulations for four annual marine events in the Captain of the Port (COTP), Delaware Bay Zone. This action is necessary to protect participants, spectators, and vessels from the hazards associated with the varying types of marine events. This proposed rulemaking would prohibit persons and vessels from being in the regulated areas during the enforcement period unless authorized by the COTP or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Proposed Rules]
[Pages 8994-8997]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03256]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0073]
RIN 1625-AA00
Special Local Regulations; Annual Events in Captain of the Port
Delaware Bay Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations for four annual marine events in the Captain of the Port
(COTP), Delaware Bay Zone. This action is necessary to protect
participants, spectators, and vessels from the hazards associated with
the varying types of marine events. This proposed rulemaking would
prohibit persons and vessels from being in the regulated areas during
the enforcement period unless authorized by the COTP or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 21, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0073 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1 Jennifer Padilla, Waterways
Management Division, Sector Delaware Bay, U.S. Coast Guard; telephone
(215) 271-4889, email <a href="/cdn-cgi/l/email-protection#4a002f2424232c2f386426643a2b2e2326262b0a3f39292d64272326"><span class="__cf_email__" data-cfemail="9ed4fbf0f0f7f8fbecb0f2b0eefffaf7f2f2ffdeebedfdf9b0f3f7f2">[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, Purpose, and Legal Basis
Marine events are held on a recurring basis on the navigable waters
within the Captain of the Port, Delaware Bay Zone. Historically, the
Coast Guard established annual temporary final regulations for each of
these recurring events.
This proposed rule would consistently inform the public in a timely
manner through permanent publication in Title 33 of the Code of Federal
Regulations. This proposed rule would add recurring marine events
requiring a special local regulation to 33 CFR 100.501 Table 1 to
Paragraph (i)(1) Sector Deleware Bay COTP Zone.
By establishing permanent regulations containing these marine
events, the Coast Guard would eliminate the need to establish temporary
rules for events that occur on an annual basis and thereby limit the
costs associated with cumulative regulations. Adding descriptions of
these marine events and their timeframes to the CFR would provide
greater notice to the public about the reoccurring events and better
meet the Coast Guard's intended purpose of ensuring safety during these
events. The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70034. This proposed rulemaking would prohibit persons and
vessels from being
[[Page 8995]]
in the regulated areas during an enforcement period unless authorized
by the COTP or a designated representative. We invite your comments on
this proposed rulemaking.
III. Discussion of Proposed Rule
The Coast Guard is proposing to add four reoccurring special local
regulations for annual marine events in the Captain of the Port
Delaware Bay to 33 CFR 100.501 in Table 1 to Paragraph (i)(1). The
Coast Guard will publish annual notice of the exact dates and times of
the effective periods of the regulations. For each event, the notices
will also provide the geographical description of each regulated area
and other pertinent details concerning the nature of the events. This
proposed rule is necessary to protect participants, spectators, and
vessels from the hazards associated with the varying types of marine
events. During the enforcement periods of these special local
regulations, non-participant persons or vessels would be prohibited
from entering into, remaining within, transiting through, or anchoring
in the regulated area unless authorized by the Captain of the Port
Delaware Bay or a designated representative of the Captain of the Port.
The regulatory text we are proposing appears at the end of this
document.
Below is a description of the four reoccurring marine events we
propose to add to Table 1 to Paragraph (i)(1) in 100.501.
1. Stockton Boat Race
This marine event would occur one weekend in March or April
annually. The event would be in Atlantic City, NJ, where the following
area makes up the regulated area: All navigable waters of the New
Jersey Intracoastal Waterway in Atlantic City, NJ, within the polygon
bounded by the following: Originating on the southwest portion at
approximate position latitude 39[deg]20'57'' N, longitude
074[deg]27'59'' W; thence northeasterly along the shoreline to latitude
39[deg]21'35'' N, longitude 074[deg]27'06'' W; thence east across the
mouth of Beach Thorofare to the shoreline at latitude 39[deg]21'41'' N,
longitude 074[deg]26'55'' W; thence east along the shoreline to
latitude 39[deg]21'42'' N, longitude 074[deg]26'51'' W; thence
southeast across the New Jersey Intracoastal Waterway to the shoreline
at latitude 39[deg]21'43'' N, longitude 074[deg]26'41'' W; thence
southwest along the shoreline to approximate position latitude
39[deg]20'55'' N, longitude 074[deg]27'57'' W; thence north to the
point of origin. The sponsor is Stockton University.
2. Escape the Cape Swim
This marine event would take place on one Saturday or Sunday in
June. The regulated area would be in Lower Township, NJ in the
following 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]57'52'' W in North Cape May, NJ,
thence north along the shoreline to the point of origin. The sponsor is
DelMoSports.
3. Around the Island Paddle
This marine event would occur on one Saturday or Sunday in June,
July or August. The proposed regulated area location is in Cape May
County, NJ. The following area would be a moving regulated area: 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 event. The regulated area
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 regulated area will move at the pace of event
patrol vessels and participants. The sponsor is the Desatnick
Foundation.
4. Manasquan Inlet Intracoastal Tug
This marine event would occur on one Saturday or Sunday in
September or October. The location would be Manasquan Inlet, NJ. The
following area would make up the regulated area: All waters of
Manasquan Inlet extending 400 feet from either side of the rope located
between approximate locations latitude 40[deg]06'09'' N, longitude
74[deg]02'08'' W and latitude 40[deg]06'14'' N, longitude
74[deg]02'08'' W. The sponsor is the Borough of Manasquan.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, scope,
duration, and historical data concerning the scope and potential impact
of these marine events. The special local regulation areas within this
proposed rule have been enforced on an annual basis through individual
temporary final regulations through temporary regulations. The
regulated areas would be enforced in limited areas on six days out of
the year, usually for only a few hours on those days. Specifically, the
Manasquan Inlet Intracoastal Tug often schedules breaks during the
event to temporarily let vessels pass through the inlet waterway
entrance. Vessels will be able to contact the COTP for permission to
transit the regulated areas or instructions for safely transiting
around the area during enforcement periods.
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
proposed rule would 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 areas may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 8996]]
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 proposed rule would 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 proposed 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 proposed 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves special
local regulations at various locations and at various times to maintain
the safety of event participants, spectators, and transitting vessel
traffic. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0073 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 proposes
to amend 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 1.05-1.
0
2. In Sec. 100.501, amend Table 1 to Paragraph (i)(1) by adding the
following events after the last entry to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
[[Page 8997]]
Table 1 to Paragraph (i)(1)
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Enforcement
Event Regulated area period(s) \1\ Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Stockton Boat Race............ All navigable waters of the New Jersey One weekend in Stockton
Intracoastal Waterway in Atlantic City, March or April. University.
NJ, within the polygon bounded by the
following: Originating on the southwest
portion at approximate position latitude
39[deg]20'57'' N, longitude
074[deg]27'59'' W; thence northeasterly
along the shoreline to latitude
39[deg]21'35'' N, longitude
074[deg]27'06'' W; thence east across the
mouth of Beach Thorofare to the shoreline
at latitude 39[deg]21'41'' N, longitude
074[deg]26'55'' W; thence east along the
shoreline to latitude 39[deg]21'42'' N,
longitude 074[deg]26'51'' W; thence
southeast across the New Jersey
Intracoastal Waterway to the shoreline at
latitude 39[deg]21'43'' N, longitude
074[deg]26'41'' W; thence southwest along
the shoreline to approximate position
latitude 39[deg]20'55'' N, longitude
074[deg]27'57'' W; thence north to the
point of origin.
Escape the Cape Swim.......... All navigable waters of the Delaware Bay One Saturday or DelMoSports.
in Lower Township, NJ, bounded by a line Sunday in June.
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]57'52'' W in North Cape May, NJ,
thence north along the shoreline to the
point of origin.
Around the Island Paddle...... All waters within 50 yards in front of the One Saturday or Desatnick
lead safety vessel preceding the first Sunday in June, Foundation.
event participants, to 50 yards behind July or August.
the safety vessel trailing the last event
participants, and 100 yards on either
side of participant and safety vessels
during the event. The regulated area 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 regulated area will move at the pace
of event patrol vessels and participants.
Manasquan Inlet Intracoastal All waters of Manasquan Inlet extending One Saturday or Borough of
Tug. 400 feet from either side of the rope Sunday in Manasquan.
located between approximate locations September or
latitude 40[deg]06'09'' N, longitude October.
74[deg]02'08'' W and latitude
40[deg]06'14'' N, longitude
74[deg]02'08'' W.
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\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
the Federal Register, as well as, issuing a Broadcast Notice to Mariner.
* * * * *
Dated: February 10, 2022.
Leon McClain, Jr.,
Captain, U.S. Coast Guard, Alternate Captain of the Port, Delaware Bay.
[FR Doc. 2022-03256 Filed 2-16-22; 8:45 am]
BILLING CODE 9110-04-P
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