[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Rules and Regulations]
[Pages 22205-22207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09435]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0325]
RIN 1625-AA08
Special Local Regulation; Atlantic Ocean, Atlantic City, 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 Atlantic Ocean, near
Atlantic City, NJ. This action is needed to provide for the safety of
life on these navigable waters during an offshore boat race on June 8,
2025. 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, Sector Delaware Bay, or a designated
representative.
DATES: This rule is effective from 10 a.m. until 6 p.m. on June 8,
2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0325 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 Dylan Caikowski, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone (206) 815-6688, option
3; 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 sponsor of an organized water event which is conducted
according to a prearranged schedule and which, by its nature,
circumstances or location, will introduce extra or unusual hazards to
the safety of life on the navigable waters of the United States must
submit an application for a permit to the Coast Guard. 33 CFR 100.15. A
Captain of the Port, after approving plans for the holding of such a
marine event within his or her district or zone, is authorized to
promulgate such special local regulations as he or she deems necessary
to ensure the safety of life on the navigable waters immediately prior
to, during and immediately after the approved event. 33 CFR 100.35.
The Captain of the Port, Sector Delaware Bay (COTP) has received an
application under 33 CFR 100.15 for a permit to host an offshore boat
race on June 8, 2025. The event will have 40 participating vessels and
approximately 25 spectating vessels.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' 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
to do so. There is insufficient time to notice the rule, allow for a
reasonable comment period, and publish a rule, given that the rule must
be in force by June 8, 2025, to serve its purpose. In addition, and on
the basis of impracticability for lack of time as well, the Coast Guard
finds that good cause exists under 5 U.S.C. 553(d)(3) 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 offshore boat race 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
[[Page 22206]]
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 10 a.m. until
6 p.m. on June 8, 2025, to protect non-participants and participants in
an offshore boat race. The regulated area covers all navigable waters
of Atlantic Ocean near Atlantic City, NJ, within a polygon bounded by
the following: originating on the shore line at approximate position
latitude 39[deg]21'51'' N longitude 074[deg]24'26'' W; thence southeast
to approximate position 39[deg]20'43'' N longitude 074[deg]24'04'' W;
thence southwest to approximate position to latitude 39[deg]20'03'' N,
longitude 074[deg]26'29'' W; thence northwest to the shoreline at
approximate position latitude 39[deg]20'49'' N, longitude
074[deg]27'05'' W; thence northeast along the shoreline to the point of
origin.
Inside of the regulated area detailed above there is a spectator
area reserved for non-participant vessels to watch the event. The
spectator area is within a polygon bounded by the following: beginning
at approximate position latitude 39[deg]20'45'' N, longitude
074[deg]25'33'' W; thence northeast to approximate position latitude
39[deg]21'00'' N, longitude 074[deg]24'44'' W; thence southeast to
approximate position latitude 39[deg]20'50'' N, longitude
074[deg]24'39'' W; thence southwest to approximate position latitude
39[deg]20'35'' N, longitude 074[deg]25'28'' W; thence northwest to the
point of origin.
The duration of the zone is intended to ensure the safety of
participants and other waterway users before, during, and after the
scheduled offshore boat race. 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.
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.
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 Atlantic Ocean. Vessels will be able to safely transit
around the regulated area during the enforcement period. The Coast
Guard will provide advance notification of the special local regulation
to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply
this rule. They do not apply because this rule fits a 5 U.S.C.
553(b)(B) good-cause exception for notice-and-comment rulemaking.
Therefore, we were not required to publish a notice of proposed
rulemaking.
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 approximately 8 hours that will
prohibit or restrict vessels entry within the regulated area during an
offshore boat race. 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
[[Page 22207]]
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.T599-0325 to read as follows:
Sec. 100.T599-0325 Special Local Regulation; Atlantic Ocean, Atlantic
City, NJ.
(a) Regulated area. All navigable waters of Atlantic Ocean near
Atlantic City, NJ, within a polygon bounded by the following:
originating on the shore line at approximate position latitude
39[deg]21'51'' N longitude 074[deg]24'26'' W; thence southeast to
approximate position 39[deg]20'43'' N longitude 074[deg]24'04'' W;
thence southwest to approximate position to latitude 39[deg]20'03'' N,
longitude 074[deg]26'29'' W; thence northwest to the shoreline at
approximate position latitude 39[deg]20'49'' N, longitude
074[deg]27'05'' W; thence northeast along the shoreline to the point of
origin. These coordinates are based on World Geodetic System (WGS 84).
(1) Spectator area. All navigable waters of Atlantic Ocean near
Atlantic City, NJ, within a polygon inside the regulated area bounded
by the following: beginning at approximate position latitude
39[deg]20'45'' N, longitude 074[deg]25'33'' W; thence northeast to
approximate position latitude 39[deg]21'00'' N, longitude
074[deg]24'44'' W; thence southeast to approximate position latitude
39[deg]20'50'' N, longitude 074[deg]24'39'' W; thence southwest to
approximate position latitude 39[deg]20'35'' N, longitude
074[deg]25'28'' W; thence northwest to the point of origin. These
coordinates are based on World Geodetic System (WGS 84).
(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 a commissioned,
warrant, or petty officer of the Coast Guard who has been designated by
the respective Coast Guard Sector--Captain of the Port to enforce the
regulations in paragraph (d) of this section.
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.
Spectator area means an area bound by coordinates provided in
latitude and longitude within the regulated area that outlines the
boundary of an area reserved for non-participant vessels watching 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
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 vessel operator may request permission to enter and transit
through a regulated area by contacting the Event PATCOM or official
patrol vessel on VHF-FM channel 16. When authorized to transit through
the regulated area, the vessel must proceed at the minimum speed
necessary to maintain a safe course that minimizes wake near the event
area.
(3) Spectator area. Non-participants are only allowed inside the
regulated area if they remain within a designated spectator area or
have authorization from the Event PATCOM or official patrol vessel to
transit through the area. A non-participant vessel must be stationary
or operate at a safe speed while within the designated spectator area.
On scene official patrol vessels or the Event PATCOM will direct non-
participant vessels to the spectator area. A non-participant must
contact the Event PATCOM or official patrol vessel to request
permission to pass through the regulated area. If permission is
granted, the non-participant must pass directly through the regulated
area at minimum speed necessary to maintain a safe course that
minimizes wake and without loitering.
(4) Regulated area. Non-participants are only allowed inside the
regulated area to pass through or enter and remain within a designated
spectator area. A non-participant must contact the Event PATCOM or an
official patrol vessel to request permission to either enter the
spectator area or pass through the regulated area. If permission is
granted, the non-participant may enter the spectator area or pass
directly through the regulated area as instructed by the Event PATCOM
or official patrol vessel at minimum speed necessary to maintain a safe
course that minimizes wake and without loitering.
(5) 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 is subject to enforcement from
10 a.m. to 6 p.m. on June 8, 2025.
Dated: May 14, 2025.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2025-09435 Filed 5-23-25; 8:45 am]
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