[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11904-11906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04087]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0088]
RIN 1625-AA00


Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain navigable waters of the New Jersey Intracoastal 
Waterway. The safety zone is needed to protect participants of the 
Stockton University-AC Double Duel Regatta on these navigable waters 
near Atlantic City, NJ, during the rowing competition on April 4, 2020, 
and April 5, 2020. This proposed rulemaking would prohibit non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port (COTP) Delaware Bay or a designated 
representative. We invite your comments on the proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 16, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0088 using the Federal eRulemaking Portal at https://www.regulations.gov. 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 Petty Officer Thomas Welker, U.S. 
Coast Guard Sector Delaware Bay, Waterways Management Division; 
telephone 215-271-4814, email Thomas.J.Welker@uscg.mil.

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, Purpose, and Legal Basis

    The Stockton University Athletic Department notified the Coast 
Guard that it will be conducting a rowing competition from noon to 6:30 
p.m. on April 4, 2020, and from 7:30 a.m. to 1:30 p.m. on April 5, 
2020. The competition will consist of rowing teams in 40' to 60' racing 
shells on a 2000-meter course in the New Jersey Intracoastal Waterways 
of Atlantic City, New Jersey. The Captain of the Port Delaware Bay 
(COTP) has determined that potential hazards associated with this 
rowing event will be a safety concern for participants and for vessels 
operating within the specified waters of the New Jersey Intracoastal 
Waterway.
    The purpose of this rulemaking is to protect participants, 
spectators, and transiting vessels on waters near the regatta on the 
New Jersey Intracoastal Waterway before, during, and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a temporary safety zone 
from noon on April 4, 2020, until 2 p.m. on April 5, 2020. The zone 
would be enforced from noon to 7 p.m. on April 4, 2020, and from 7 a.m. 
to 2 p.m. on April 5, 2020. The safety zone would cover all navigable 
waters of the New Jersey Intracoastal Waterway 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 duration of the zone is

[[Page 11905]]

intended to ensure the safety of participants and vessels on these 
navigable waters before, during, and after the rowing event. 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 the COTP Delaware 
Bay or a designated representative grants authorization to enter, 
transit through, anchor in, or remain within the safety zone, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP Delaware Bay or a designated representative. 
The regulatory text we are proposing appears at the end of this 
document.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The impact of this proposed rule is not significant for the 
following reasons: (1) The enforcement periods will last seven hours 
each day of the 2-day event at a time of year when vessel traffic is 
usually low; (2) although non-participant persons and vessels may not 
enter, transit through, anchor in, or remain with the safety zone 
without authorization from the COTP Delaware Bay or a designated 
representative, surrounding channels within the New Jersey Intracoastal 
Waterways will remain unaffected. Persons and vessels will be able to 
operate in the surrounding area during the enforcement period; (3) 
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 (4) the Coast 
Guard will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners, Broadcast Notice to 
Mariners, and 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 
proposed 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 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 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 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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 contact 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact 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 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 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 a safety 
zone lasting seven hours per day for two days that would prohibit entry 
within certain navigable waters during a rowing event. Normally such 
actions are 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 preliminary Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the

[[Page 11906]]

ADDRESSES section of this preamble. 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 contact 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 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:

    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.T05-0088 to read as follows:


Sec.  165.T05-0088  Safety Zone; New Jersey Intracoastal Waterway, 
Atlantic City, NJ.

    (a) Location. The following area is a safety zone: 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.
    (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 zone will be enforced from noon to 
approximately 7 p.m. on April 4, 2020, and from approximately 7 a.m. to 
2 p.m., or shortly before that, on April 5, 2020.

     Dated: February 24, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2020-04087 Filed 2-27-20; 8:45 am]
 BILLING CODE 9110-04-P


