Rule2022-09502
Special Local Regulations; Annual Events in Captain of the Port Delaware Bay Zone
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
May 4, 2022
Effective
June 3, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 rulemaking prohibits persons and vessels from being in the regulated areas during the enforcement period unless authorized by the COTP or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26270-26273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09502]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0073]
RIN 1625-AA08
Special Local Regulations; Annual Events in Captain of the Port
Delaware Bay Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 rulemaking prohibits persons and vessels from being
in the regulated areas during the enforcement period unless authorized
by the COTP or a designated representative.
DATES: This rule is effective June 3, 2022.
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-
2022-0073 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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#511b343f3f383734237f3d7f013035383d3d3011242232367f3c383d"><span class="__cf_email__" data-cfemail="6228070c0c0b0407104c0e4c3203060b0e0e0322171101054c0f0b0e">[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 Information and Regulatory History
The four marine events included in this rule 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. In
response, on February 17, 2022, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulations; Annual
Events in Captain of the Port Delaware Bay Zone (87 FR 8994). There, we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to the special local regulations and
recurring marine events. During the comment period that ended March 21,
2022 we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Secretary has delegated ports and waterways authority, with
certain reservations not applicable here, to the Commandant via DHS
Delegation No. 00170.1(II)(70), Revision No. 01.2. The Commandant has
further delegated these authorities within the Coast Guard as described
in 33 CFR 1.05-1 and 6.04-6. The Coast Guard has determined that the
events listed in this rule could pose a risk to participants or
waterway users if normal vessel traffic were to interfere with the
event. Possible hazards include risks of participant injury or death
resulting from near or actual contact with non-participant vessels
traversing through the regulated areas. In order to protect the safety
of all waterway users, including event participants and spectators,
this rule establishes special local regulations for the time and
location of each marine event. This rule prevents vessels from
entering, transiting, mooring or anchoring within areas specifically
designated as regulated areas during the periods of enforcement unless
authorized by the Captain of the Port (COTP), or designated Event
Patrol Commander.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 17, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
The Coast Guard is adding 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
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 are 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 appears at the end of this document.
Below is a description of the four reoccurring marine events that
we are adding to Table 1 to Paragraph (i)(1) in 100.501.
1. Stockton Boat Race.
This marine event takes place one weekend in March or April at the
location described below. The event is in Atlantic City, NJ, where the
following area makes up the regulated area: All
[[Page 26271]]
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 takes place on one Saturday or Sunday in June.
The regulated area is 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 takes place on one Saturday or Sunday in June,
July, or August. The regulated area location is in Cape May County, NJ.
The following area is 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 takes place on one Saturday or Sunday in
September or October. The location is Manasquan Inlet, NJ. The
following area makes 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.
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 the size, scope,
duration, and historical data concerning the scope and potential impact
of these marine events. The special local regulation areas within this
rule have been enforced on an annual basis through temporary final
regulations. The regulated areas will 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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 26272]]
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 special
local regulations at various locations and at various times to maintain
the safety of event participants, spectators, and transiting vessel
traffic. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A memorandum for record (MFR) 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
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 1.05-1.
0
2. In Sec. 100.501, amend Table 1 to Paragraph (i)(1) by adding
entries for ``Stockton Boat Race'', ``Escape the Cape Swim'', ``Around
the Island Paddle'', and ``Manasquan Inlet Intracoastal Tug'' at the
end of the table to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
Table 1 to Paragraph (i)(1)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
\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.
[[Page 26273]]
* * * * *
Dated: April 26, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard. Captain of the Port, Delaware Bay.
[FR Doc. 2022-09502 Filed 5-3-22; 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 May 4, 2022.
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.