Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18983 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (j) of this 

AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Seattle ACO Branch, FAA, to make 

those findings. To be approved, the repair 

method, modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact Brandon Lucero, Aerospace Engineer, 

Cabin Safety and Environmental Systems 

Section, FAA, Seattle ACO Branch, 2200 

South 216th St., Des Moines, WA 98198; 

phone and fax: 206–231–3569; email: 

Brandon.Lucero@faa.gov. 

(k) Material Incorporated by Reference 

None. 

Issued on March 10, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–06871 Filed 3–31–22; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 Jennifer.l.padilla@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 nonparticipant 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°24′33′′ 

N, longitude 074°22′28′′ W; thence 

southwest across the Bonita Tideway to 

the shoreline to latitude 39°24′22′′ N, 

longitude 074°22′49′′ W; thence 

southwest along the shoreline to 


lotter on DSK11XQN23PROD with RULES1
18984 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

latititude 39°23′49′′ N, longitude 

074°23′33′′ W; thence across the Bonita 

Tideway to the shoreline at latitude 

39°23′43′′ N, longitude 074°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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18985 

■ 2. Add § 100.T05–0232 to read as 

follows: 

§ 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°24′33′′ N, longitude 

074°22′28′′ W; thence southwest across 

the Bonita Tideway to the shoreline to 

latitude 39°24′22′′ N, longitude 

074°22′49′′ W; thence southwest along 

the shoreline to latititude 39°23′49′′ N, 

longitude 074°23′33′′ W; thence across 

the Bonita Tideway to the shoreline at 

latitude 39°23′43′′ N, longitude 

074°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 § 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 nonparticipant 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2022–0170] 

Special Local Regulations; Marine 

Events Within the Captain of the Port 

Zone Columbia River 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations at various 

locations in the Sector Columbia River 

Captain of the Port Zone. This action is 

necessary to provide for the safety of life 

on these navigable waters during marine 

events. These regulations prohibit 

persons and vessels from being in the 

regulated area unless authorized by the 

Captain of the Port Sector Columbia 

River or a designated representative. 

DATES: The regulations in 33 CFR 

100.1302, Table 1, will be enforced for 

the regulated areas identified in the 

SUPPLEMENTARY INFORMATION section 

below for the dates and times specified 

in this document. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT Sean Murphy, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email D13-SMBMSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.1302, Table 1, 

for the following events only during the 

hours specified on the dates listed in the 

following Table: 

TABLE 1—DATES AND TIMES OF ENFORCEMENT OF 33 CFR 100.1302 SPECIAL LOCAL REGULATIONS AT VARIOUS

LOCATIONS IN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE IN 2022 

Number Date Event Location 

1 .............. June 3, 2022 from 6:30 a.m. to 

5:30 p.m.

Spring Testing Hydroplane 

Races.

Kennewick, WA, Regulated area includes all navigable waters 

within the Columbia River in the vicinity of Columbia Park, 

commencing at the Interstate 395 Bridge and continuing up 

river approximately 2.0 miles and terminating at the northern 

end of Wade Island. 


lotter on DSK11XQN23PROD with RULES1