[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Proposed Rules]
[Pages 5289-5291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01705]
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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, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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 regatta on April 1, 2023, and
April 2, 2023. 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, 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 February 27, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0040 using the Federal Decision Making 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 on this rule,
call or email MST1 Dylan Caikowski, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4814, 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, Purpose, and Legal Basis
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. 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.
The purpose of this rulemaking is to ensure the safety of
participants and waterway users within the designated rowing regatta
area before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish 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 would 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 would 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 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 would be permitted to enter the
regulated area without obtaining permission from the COTP 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. 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 and
duration of the regulated area, which would impact a small designated
area of the Bonita Tideway. Vessels would 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
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
safety zone 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
[[Page 5290]]
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 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 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.
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. A preliminary 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. 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 https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0040 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 https://www.regulations.gov, 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 https://www.regulations.gov 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 https://www.regulations.gov 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, 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. Add Sec. 100.T05-0040 to read as follows:
Sec. 100.T05-0040 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
[[Page 5291]]
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 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 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: January 23, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-01705 Filed 1-26-23; 8:45 am]
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