Rule2023-06385
Special Local Regulation; Bonita Tideway, Brigantine, NJ
Primary source
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Published
March 28, 2023
Effective
April 1, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for the navigable waters of the Bonita Tideway near Brigantine, NJ. This action is needed to provide for the safety of life on these navigable waters during a rowing regatta on April 1, 2023, and April 2, 2023. This rule prohibits persons and vessels from being in the regulated area during the enforcement period unless authorized entry by the Captain of the Port (COTP), Delaware Bay, or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 59 (Tuesday, March 28, 2023)</title>
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[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Rules and Regulations]
[Pages 18225-18227]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06385]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Rules
and Regulations
[[Page 18225]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0040]
RIN 1625-AA08
Special Local Regulation; Bonita Tideway, Brigantine, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the navigable waters of the Bonita Tideway near
Brigantine, NJ. This action is needed to provide for the safety of life
on these navigable waters during a rowing regatta on April 1, 2023, and
April 2, 2023. This rule prohibits persons and vessels from being in
the regulated area during the enforcement period unless authorized
entry by the Captain of the Port (COTP), Delaware Bay, or a designated
representative.
DATES: This rule is effective from 4 p.m. on April 1, 2023, through
12:30 p.m. on April 2, 2023.
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-
2023-0040 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 Dylan Caikowski, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4814, email
<a href="/cdn-cgi/l/email-protection#8ad9efe9ceefe6c8ebf3ddddc7cafff9e9eda4e7e3e6"><span class="__cf_email__" data-cfemail="c390a6a087a6af81a2ba94948e83b6b0a0a4edaeaaaf">[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
On December 19, 2022, Stockton University notified the Coast Guard
that it will be hosting a collegiate rowing regatta amongst six
universities on April 1, 2023, and April 2, 2023. The rowing regatta
will be held in Bonita Tideway in Brigantine, NJ, between 34th Street
and Brigantine Boulevard and the Brigantine Yacht Club. In response, on
January 27, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulation; Bonita Tideway,
Brigantine, NJ (88 FR 5289). There, we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
rowing regatta. We received no comments during the comment period,
which ended February 27, 2023.
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 the special local regulation
needs to be in effect by April 1, 2023 to ensure the safety of
participants and waterway users before, during, and after the scheduled
rowing regatta.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that the rowing regatta 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 from near or actual collisions with non-participant
vessels traversing through the regulated area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 27, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation from 4 p.m. on
April 1, 2023, until 12:30 p.m. on April 2, 2023. The special local
regulation will be enforced from 4 p.m. to 6:30 p.m. on April 1, 2023,
and from 8:30 a.m. to 12:30 p.m. on April 2, 2023. The regulated area
covers all navigable waters of Bonita Tideway in Brigantine, NJ, within
a polygon bounded by the following: originating on the northern portion
at approximate position latitude 39[deg]24'33'' N., longitude
074[deg]22'28'' W.; thence southwest across the Bonita Tideway to the
shoreline to latitude 39[deg]24'22'' N., longitude 074[deg]22'49'' W.;
thence southwest along the shoreline to latititude 39[deg]23'49'' N.,
longitude 074[deg]23'33'' W.; thence across the Bonita Tideway to the
shoreline at latitude 39[deg]23'43'' N., longitude 074[deg]23'33''W.;
thence north along the shoreline to the point of origin. The duration
of the zone is intended to ensure the safety of participants and
waterway users before, during, and after the scheduled rowing regatta.
No vessel or person will be permitted to enter the regulated area
without obtaining permission from the COTP or a designated
representative.
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 and
duration of the regulated area, which would impact a small designated
area of the Bonita Tideway. Vessels will be able to transit the
regulated area during the enforcement period as directed by the Event
Patrol Commander (PATCOM) or official patrol vessel.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,
[[Page 18226]]
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 0 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 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 lasting only 7 hours over 2 days that will
prohibit or restrict entry within the regulated area during a rowing
regatta. 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 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
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T599-0040 to read as follows:
Sec. 100.T599-0040 Special Local Regulation; Bonita Tideway,
Brigantine, NJ.
(a) Regulated area. All navigable waters of the Bonita Tideway in
Brigantine, NJ, within the polygon bounded by the following:
originating on the northern portion at approximate position latitude
39[deg]24'33'' N, longitude 074[deg]22'28'' W; thence southwest across
the Bonita Tideway to the shoreline to latitude 39[deg]24'22'' N,
longitude 074[deg]22'49'' W; thence southwest along the shoreline to
latititude 39[deg]23'49'' N, longitude 074[deg]23'33'' W; thence across
the Bonita Tideway to the shoreline at latitude 39[deg]23'43'' N,
longitude 074[deg]23'33'' W; thence north along the shoreline to the
point of origin.
(b) Definitions. The following definitions apply to this section:
Captain of the Port Representative or COTP Representative means a
commissioned, warrant, or petty officer of the Coast Guard designated
by name by the Captain of the Port to verify an event's compliance with
the conditions of its approved permit.
Event Patrol Commander or Event PATCOM means any vessel assigned or
approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the Captain of
the Port in accordance with current local agreements.
Non-participant means a person or a vessel not registered with the
event sponsor either as a participant or an official patrol vessel.
Official patrol vessel or official patrol means any vessel assigned
or approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the
[[Page 18227]]
Captain of the Port in accordance with current local agreements.
Participant means any person or vessel registered with the event
sponsor as participating in the event or otherwise designated by the
event sponsor as having a function tied to the event.
(c) Patrol of the marine event. The COTP may assign one or more
official patrol vessels, as described in Sec. 100.40, to the regulated
event. The Event PATCOM will be designated to oversee the patrol. The
patrol vessel and the Event PATCOM may be contacted on VHF-FM Channel
16. The Event PATCOM may terminate the event, or the operation of any
vessel participating in the marine event, at any time if deemed
necessary for the protection of life or property.
(d) Special local regulations. (1) Controls on vessel movement. The
Event PATCOM or official patrol vessel may forbid and control the
movement of all persons and vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, the person or vessel
being hailed must immediately comply with all directions given. Failure
to do so may result in expulsion from the area, citation for failure to
comply, or both.
(2) Directions, instructions, and minimum speed necessary.
(i) The operator of a vessel in the regulated area must stop the
vessel immediately when directed to do so by an official patrol vessel
and then proceed only as directed.
(ii) A person or vessel must comply with all instructions of the
Event PATCOM or official patrol vessel.
(iii) A non-participant must contact the Event PATCOM or an
official patrol vessel to request permission to either enter or pass
through the regulated area. If permission is granted, the non-
participant may enter or pass directly through the regulated area as
instructed by the Event PATCOM or official patrol vessel at a minimum
speed necessary to maintain a safe course that minimizes wake and
without loitering.
(3) Postponement or cancellation. The COTP, or Event PATCOM may
postpone or cancel a marine event at any time if, in the COTP's sole
discretion, the COTP determines that cancellation is necessary for the
protection of life or property.
(e) Enforcement periods. This section is subject to enforcement
from 4 p.m. to 6:30 p.m. on April 1, 2023, and from 8:30 a.m. to 12:30
p.m. on April 2, 2023.
Dated: March 21, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-06385 Filed 3-27-23; 8:45 am]
BILLING CODE 9110-04-P
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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.