[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20121-20123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06015]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0143]
RIN 162-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 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 March 29, 2024, 
and March 30, 2024. This rule prohibits persons and vessels from being 
in the regulated area during the enforcement periods unless authorized 
entry by the Captain of the Port (COTP), Delaware Bay, or a designated 
representative.

DATES: This rule is effective from 3 p.m. on March 29, 2024, until 3 
p.m. on March 30, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0143 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 about this rule, 
call or email MST1 Christopher Payne, Waterways Management Division, 
Sector Delaware Bay, U.S. Coast Guard; telephone (267) 515-7294, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector Delaware Bay
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
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 it is impracticable and contrary to 
the public interest to do so. There is insufficient time to allow for a 
reasonable comment period prior to the event, given that the rule must 
be in force by March 29, 2024, to serve its purpose. In addition, and 
for the same reason, 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.

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 
allowed 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 the Rule

    This rule establishes a special local regulation from 3 p.m. on 
March 29, 2024, until 3 p.m. on March 30, 2024, to protect participants 
in a rowing regatta and non-participants as well. The special local 
regulation will be enforced from 3 p.m. to 8 p.m. on March 29, 2024, 
and from 7 a.m. to 3 p.m. on March 30, 2024. 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 latitude 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 
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.

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    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 15 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   Marine Regatta; 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 
latitude 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. These coordinates are based on North American Datum 83 
(NAD83).
    (b) Definitions. As used in 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) 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

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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 3 p.m. to 8 p.m. on March 29, 2024, and from 7 a.m. to 3 p.m. on 
March 30, 2024.

    Dated: March 15, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2024-06015 Filed 3-20-24; 8:45 am]
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