[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26270-26273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0073]
RIN 1625-AA08


Special Local Regulations; Annual Events in Captain of the Port 
Delaware Bay Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for 
four annual marine events in the Captain of the Port (COTP), Delaware 
Bay Zone. This action is necessary to protect participants, spectators, 
and vessels from the hazards associated with the varying types of 
marine events. This rulemaking prohibits persons and vessels from being 
in the regulated areas during the enforcement period unless authorized 
by the COTP or a designated representative.

DATES: This rule is effective June 3, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0073 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 
<a href="/cdn-cgi/l/email-protection#511b343f3f383734237f3d7f013035383d3d3011242232367f3c383d"><span class="__cf_email__" data-cfemail="6228070c0c0b0407104c0e4c3203060b0e0e0322171101054c0f0b0e">[email protected]</span></a>.

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 four marine events included in this rule are held on a 
recurring basis on the navigable waters within the Captain of the Port, 
Delaware Bay Zone. Historically, the Coast Guard established annual 
temporary final regulations for each of these recurring events. In 
response, on February 17, 2022, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulations; Annual 
Events in Captain of the Port Delaware Bay Zone (87 FR 8994). There, we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to the special local regulations and 
recurring marine events. During the comment period that ended March 21, 
2022 we received no comments.

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 
events listed in this rule 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 special local regulations for the time and 
location of each marine event. This rule prevents vessels from 
entering, transiting, mooring or anchoring within areas specifically 
designated as regulated areas during the periods of enforcement unless 
authorized by the Captain of the Port (COTP), or designated Event 
Patrol Commander.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
February 17, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    The Coast Guard is adding four reoccurring special local 
regulations for annual marine events in the Captain of the Port 
Delaware Bay to 33 CFR 100.501 in Table 1 to Paragraph (i)(1). The 
Coast Guard will publish annual notice of the exact dates and times of 
the effective periods of the regulations. For each event, the notices 
will also provide the geographical description of each regulated area 
and other pertinent details concerning the nature of the events. This 
rule is necessary to protect participants, spectators, and vessels from 
the hazards associated with the varying types of marine events. During 
the enforcement periods of these special local regulations, non-
participant persons or vessels are prohibited from entering into, 
remaining within, transiting through, or anchoring in the regulated 
area unless authorized by the Captain of the Port Delaware Bay or a 
designated representative of the Captain of the Port. The regulatory 
text appears at the end of this document.
    Below is a description of the four reoccurring marine events that 
we are adding to Table 1 to Paragraph (i)(1) in 100.501.
    1. Stockton Boat Race.
    This marine event takes place one weekend in March or April at the 
location described below. The event is in Atlantic City, NJ, where the 
following area makes up the regulated area: All

[[Page 26271]]

navigable waters of the New Jersey Intracoastal Waterway in Atlantic 
City, NJ, within the polygon bounded by the following: Originating on 
the southwest portion at approximate position latitude 39[deg]20'57'' 
N, longitude 074[deg]27'59'' W; thence northeasterly along the 
shoreline to latitude 39[deg]21'35'' N, longitude 074[deg]27'06'' W; 
thence east across the mouth of Beach Thorofare to the shoreline at 
latitude 39[deg]21'41'' N, longitude 074[deg]26'55'' W; thence east 
along the shoreline to latitude 39[deg]21'42'' N, longitude 
074[deg]26'51'' W; thence southeast across the New Jersey Intracoastal 
Waterway to the shoreline at latitude 39[deg]21'43'' N, longitude 
074[deg]26'41'' W; thence southwest along the shoreline to approximate 
position latitude 39[deg]20'55'' N, longitude 074[deg]27'57'' W; thence 
north to the point of origin. The sponsor is Stockton University.
    2. Escape the Cape Swim.
    This marine event takes place on one Saturday or Sunday in June. 
The regulated area is in Lower Township, NJ, in the following area: All 
navigable waters of the Delaware Bay in Lower Township, NJ, bounded by 
a line drawn from: Latitude 39[deg]0'57'' N, longitude 074[deg]56'56'' 
W in Villas, NJ, thence west to latitude 39[deg]00'59'' N, longitude 
074[deg]57'15'' W, thence south to latitude 38[deg]58'08'' N, longitude 
074[deg]58'11'' W, thence east to latitude 38[deg]58'04'' N, longitude 
074[deg]57'52'' W in North Cape May, NJ, thence north along the 
shoreline to the point of origin. The sponsor is DelMoSports.
    3. Around the Island Paddle.
    This marine event takes place on one Saturday or Sunday in June, 
July, or August. The regulated area location is in Cape May County, NJ. 
The following area is a moving regulated area: All waters within 50 
yards in front of the lead safety vessel preceding the first event 
participants, to 50 yards behind the safety vessel trailing the last 
event participants, and 100 yards on either side of participant and 
safety vessels during the event. The regulated area will move with the 
safety vessels and participants as they transit the waters east through 
Cape May Harbor, south through Cape May Inlet, west through the 
Atlantic Ocean, north through the Delaware Bay, then east through Cape 
May Canal, and terminate at the Lost Fishermen's Memorial in Cape May 
Harbor. The regulated area will move at the pace of event patrol 
vessels and participants. The sponsor is the Desatnick Foundation.
    4. Manasquan Inlet Intracoastal Tug.
    This marine event takes place on one Saturday or Sunday in 
September or October. The location is Manasquan Inlet, NJ. The 
following area makes up the regulated area: All waters of Manasquan 
Inlet extending 400 feet from either side of the rope located between 
approximate locations latitude 40[deg]06'09'' N, longitude 
74[deg]02'08'' W and latitude 40[deg]06'14'' N, longitude 
74[deg]02'08'' W. The sponsor is the Borough of Manasquan.

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, scope, 
duration, and historical data concerning the scope and potential impact 
of these marine events. The special local regulation areas within this 
rule have been enforced on an annual basis through temporary final 
regulations. The regulated areas will be enforced in limited areas on 
six days out of the year, usually for only a few hours on those days. 
Specifically, the Manasquan Inlet Intracoastal Tug often schedules 
breaks during the event to temporarily let vessels pass through the 
inlet waterway entrance. Vessels will be able to contact the COTP for 
permission to transit the regulated areas or instructions for safely 
transiting around the area during enforcement periods.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    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

[[Page 26272]]

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 special 
local regulations at various locations and at various times to maintain 
the safety of event participants, spectators, and transiting vessel 
traffic. 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.

0
2. In Sec.  100.501, amend Table 1 to Paragraph (i)(1) by adding 
entries for ``Stockton Boat Race'', ``Escape the Cape Swim'', ``Around 
the Island Paddle'', and ``Manasquan Inlet Intracoastal Tug'' at the 
end of the table to read as follows:


Sec.  100.501  Special Local Regulations; Marine Events Within the 
Fifth Coast Guard District.

* * * * *

                                           Table 1 to Paragraph (i)(1)
----------------------------------------------------------------------------------------------------------------
                                                                               Enforcement
             Event                            Regulated area                  period(s) \1\         Sponsor
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                                                  * * * * * * *
Stockton Boat Race............  All navigable waters of the New Jersey      One weekend in     Stockton
                                 Intracoastal Waterway in Atlantic City,     March or April.    University.
                                 NJ within the polygon bounded by the
                                 following: Originating on the southwest
                                 portion at approximate position latitude
                                 39[deg]20'57'' N, longitude
                                 074[deg]27'59'' W; thence northeasterly
                                 along the shoreline to latitude
                                 39[deg]21'35'' N, longitude
                                 074[deg]27'06'' W; thence east across the
                                 mouth of Beach Thorofare to the shoreline
                                 at latitude 39[deg]21'41'' N, longitude
                                 074[deg]26'55'' W; thence east along the
                                 shoreline to latitude 39[deg]21'42'' N,
                                 longitude 074[deg]26'51'' W; thence
                                 southeast across the New Jersey
                                 Intracoastal Waterway to the shoreline at
                                 latitude 39[deg]21'43'' N, longitude
                                 074[deg]26'41'' W; thence southwest along
                                 the shoreline to approximate position
                                 latitude 39[deg]20'55'' N, longitude
                                 074[deg]27'57'' W; thence north to the
                                 point of origin.
Escape the Cape Swim..........  All navigable waters of the Delaware Bay    One Saturday or    DelMoSports.
                                 in Lower Township, NJ bounded by a line     Sunday in June.
                                 drawn from: Latitude 39[deg]0'57'' N,
                                 longitude 074[deg]56'56'' W in Villas,
                                 NJ, thence west to latitude
                                 39[deg]00'59'' N, longitude
                                 074[deg]57'15'' W, thence south to
                                 latitude 38[deg]58'08'' N, longitude
                                 074[deg]58'11'' W, thence east to
                                 latitude 38[deg]58'04'' N, longitude
                                 074[deg]57'52'' W in North Cape May, NJ,
                                 thence north along the shoreline to the
                                 point of origin.
Around the Island Paddle......  All waters within 50 yards in front of the  One Saturday or    Desatnick
                                 lead safety vessel preceding the first      Sunday in June,    Foundation.
                                 event participants, to 50 yards behind      July or August.
                                 the safety vessel trailing the last event
                                 participants, and 100 yards on either
                                 side of participant and safety vessels
                                 during the event. The regulated area will
                                 move with the safety vessels and
                                 participants as they transit the waters
                                 east through Cape May Harbor, south
                                 through Cape May Inlet, west through the
                                 Atlantic Ocean, north through the
                                 Delaware Bay, then east through Cape May
                                 Canal, and terminate at the Lost
                                 Fishermen's Memorial in Cape May Harbor.
                                 The regulated area will move at the pace
                                 of event patrol vessels and participants.
Manasquan Inlet Intracoastal    All waters of Manasquan Inlet extending     One Saturday or    Borough of
 Tug.                            400 feet from either side of the rope       Sunday in          Manasquan.
                                 located between approximate locations       September or
                                 latitude 40[deg]06'09'' N, longitude        October.
                                 74[deg]02'08'' W and latitude
                                 40[deg]06'14'' N, longitude
                                 74[deg]02'08'' W.
----------------------------------------------------------------------------------------------------------------
\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
  In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
  determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
  the Federal Register, as well as, issuing a Broadcast Notice to Mariner.


[[Page 26273]]

* * * * *

    Dated: April 26, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard. Captain of the Port, Delaware Bay.
[FR Doc. 2022-09502 Filed 5-3-22; 8:45 am]
BILLING CODE 9110-04-P


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