[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Rules and Regulations]
[Pages 18983-18985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06922]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0232]
RIN 1625-AA08


Special Local Regulation; Bonita Tideway, Brigantine, NJ

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for 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 competition on April 2, 2022, and 
April 3, 2022. This rulemaking prohibits persons and vessels from being 
in the regulated areas during the enforcement period unless authorized 
entry by the Captain of the Port (COTP), Delaware Bay Zone or a 
designated representative.

DATES: This rule is effective from 4 p.m. on April 2, 2022, through 1 
p.m. April 3, 2022. This rule will be enforced from 4:30 p.m. to 7:30 
p.m. on April 2, 2022, and from 7:30 a.m. to 12:30 p.m. on April 3, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0232 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 
[email protected].

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 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 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 the event sponsor required a change 
of location from the planned event area near Atlantic City, NJ. The 
sponsor notified the Coast Guard on March 17, 2022, of the location 
move to Brigantine, NJ. Publishing an NPRM would be impracticable and 
contrary to the public interest, because we must establish this special 
local regulation by April 2, 2022, to ensure the safety of participants 
and the public. Possible hazards include risks of participant injury or 
death resulting from near or actual contact with non-participant 
vessels traversing through the regulated area.
    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 
provide for the safety of life on these navigable waters during a 
rowing competition on April 2, 2022, and April 3, 2022.

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 
Stockton University Rowing competition 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 a special local regulation on 
April 2, 2022, and April 3, 2022, within specified waters of Bonita 
Tideway, Brigantine, NJ. This rule prevents vessels from entering, 
transiting, mooring or anchoring within areas specifically designated 
as regulated area during the periods of enforcement, unless authorized 
by the Captain of the Port (COTP), or designated Event Patrol 
Commander.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 4:00 p.m. on 
April 2, 2022, until 1 p.m. on April 3, 2022. The special local 
regulation will be enforced from 4:30 p.m. to 7:30 p.m. on April 2, 
2022, and from 7:30 a.m. to 12:30 p.m. on April 3, 2022. The regulated 
area will cover 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

[[Page 18984]]

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 regulated area is intended to 
protect participants and waterway users in these navigable waters 
before, during, and after the scheduled event. 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, 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.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 10 hours over two days that will 
prohibit or restrict entry within the regulated area during a rowing 
competition. 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.


[[Page 18985]]



0
2. Add Sec.  100.T05-0232 to read as follows:


Sec.  100.T05-0232  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:
    (1) 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.
    (2) 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.
    (3) Non-participant means a person or a vessel not registered with 
the event sponsor either as a participant or an official patrol vessel.
    (4) 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 Captain of the Port in accordance with current local agreements.
    (5) 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, COTP Representative, 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 a COTP Representative or official 
patrol vessel and then proceed only as directed.
    (ii) A person or vessel must comply with all instructions of the 
Event PATCOM, COTP Representative, 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 period. This section will be enforced from 4:30 
p.m. to 7:30 p.m. on April 2, 2022, and from 7:30 a.m. to 12:30 p.m. on 
April 3, 2022.

    Dated: March 29, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2022-06922 Filed 3-31-22; 8:45 am]
BILLING CODE 9110-04-P


