Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ, 11904-11906 [2020-04087]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS 11904 Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules means the separately designated spectator area or areas marked by approximately four or more colored buoys that will be managed by marine event sponsor officials. Vessels shall not anchor within the confines of Zone ‘‘C’’. (v) Zone ‘‘D’’ means the No Spectating or Loitering Area. This zone will allow vessels to transit in and out of marinas, piers, and vessel launch areas throughout the duration of the Sail Grand Prix. All vessels shall maintain headway and shall not loiter or anchor within the confines of Zone ‘‘D’’. Mariners can transit Zone ‘‘D’’ during the Sail Grand Prix 2020 event, decreasing the impact of the special local regulation to the San Francisco waterfront. (c) Special Local Regulation. The following regulations apply between 11:30 a.m. and 5:30 p.m. on the Sail Grand Prix 2020 official practice and race days. (i) Only support and race vessels will be authorized by the COTP or designated representative to enter Zone ‘‘A’’ during the official practice days. Only support and race vessels will be authorized by the COTP or designated representative to enter Zone ‘‘B’’ during the race event. Vessel operators desiring to enter or operate within Zone ‘‘B’’ must contact the COTP or a designated representative to obtain permission to do so. Persons and vessels may request permission to transit Zone ‘‘B’’ on VHF– 23A. (ii) Spectator vessels in Zone ‘‘C’’ must maneuver as directed by the COTP or designated representative. When hailed or signaled by the COTP or designated representative by a succession of sharp, short signals by whistle or horn, the hailed vessel must come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in additional operating restrictions, citation for failure to comply, or both. (iii) Spectator vessels in Zone ‘‘C’’ must operate at safe speeds which will create minimal wake. (iv) Vessels in Zone ‘‘D’’ shall maintain headway and shall not loiter or anchor within the confines of Zone ‘‘D’’. Vessels in Zone ‘‘D’’ must maneuver as directed by the COTP or designated representative. (v) Rafting and anchoring of vessels are prohibited within Zones ‘‘A’’, ‘‘B’’, ‘‘C’’, and ‘‘D’’. (d) Enforcement periods. This special local regulation will be enforced for the official practices and race events from April 30, 2020 through May 3, 2020 from 11:30 a.m. until 5:30 p.m. each day. At least 24 hours in advance of the VerDate Sep<11>2014 17:07 Feb 27, 2020 Jkt 250001 first race event, the COTP will notify the maritime community of periods during which these zones will be enforced via Notice to Mariners and via the Coast Guard Boating Public Safety Notice. Dated: February 19, 2020. Howard H. Wright, Captain, U.S. Coast Guard, Alternate Captain of the Port, San Francisco. [FR Doc. 2020–03993 Filed 2–27–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0088] RIN 1625–AA00 Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a temporary safety zone for certain navigable waters of the New Jersey Intracoastal Waterway. The safety zone is needed to protect participants of the Stockton University–AC Double Duel Regatta on these navigable waters near Atlantic City, NJ, during the rowing competition on April 4, 2020, and April 5, 2020. This proposed rulemaking would prohibit non-participant persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative. We invite your comments on the proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before March 16, 2020. ADDRESSES: You may submit comments identified by docket number USCG– 2020–0088 using the Federal eRulemaking 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. SUMMARY: If you have questions about this proposed rulemaking, call or email Petty Officer Thomas Welker, U.S. Coast Guard Sector Delaware Bay, Waterways Management Division; telephone 215– 271–4814, email Thomas.J.Welker@ uscg.mil. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Stockton University Athletic Department notified the Coast Guard that it will be conducting a rowing competition from noon to 6:30 p.m. on April 4, 2020, and from 7:30 a.m. to 1:30 p.m. on April 5, 2020. The competition will consist of rowing teams in 40′ to 60′ racing shells on a 2000-meter course in the New Jersey Intracoastal Waterways of Atlantic City, New Jersey. The Captain of the Port Delaware Bay (COTP) has determined that potential hazards associated with this rowing event will be a safety concern for participants and for vessels operating within the specified waters of the New Jersey Intracoastal Waterway. The purpose of this rulemaking is to protect participants, spectators, and transiting vessels on waters near the regatta on the New Jersey Intracoastal Waterway before, during, and after the scheduled event. The Coast Guard is proposing this rulemaking under authority 46 U.S.C. 70034 (previously 33 U.S.C. 1231). III. Discussion of Proposed Rule The Coast Guard is proposing to establish a temporary safety zone from noon on April 4, 2020, until 2 p.m. on April 5, 2020. The zone would be enforced from noon to 7 p.m. on April 4, 2020, and from 7 a.m. to 2 p.m. on April 5, 2020. The safety zone would cover all navigable waters of the New Jersey Intracoastal Waterway within the polygon bounded by the following: Originating on the southwest portion at approximate position latitude 39°20′57″ N, longitude 074°27′59″ W; thence northeasterly along the shoreline to latitude 39°21′35″ N, longitude 074°27′06″ W; thence east across the mouth of Beach Thorofare to the shoreline at latitude 39°21′41″ N, longitude 074°26′55″ W; thence east along the shoreline to latitude 39°21′42″N, longitude 074°26′51″ W; thence southeast across the New Jersey Intracoastal Waterway to the shoreline at latitude 39°21′43″ N, longitude 074°26′41″ W; thence southwest along the shoreline to approximate position latitude 39°20′55″ N, longitude 074°27′57″ W; thence north to the point of origin. The duration of the zone is E:\FR\FM\28FEP1.SGM 28FEP1 Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules intended to ensure the safety of participants and vessels on these navigable waters before, during, and after the rowing event. No person or vessel will be permitted to enter, transit through, anchor in, or remain within the safety zone without obtaining permission from the COTP Delaware Bay or a designated representative. If the COTP Delaware Bay or a designated representative grants authorization to enter, transit through, anchor in, or remain within the safety zone, all persons and vessels receiving such authorization must comply with the instructions of the COTP Delaware Bay or a designated representative. The regulatory text we are proposing appears at the end of this document. jbell on DSKJLSW7X2PROD with PROPOSALS 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The impact of this proposed rule is not significant for the following reasons: (1) The enforcement periods will last seven hours each day of the 2-day event at a time of year when vessel traffic is usually low; (2) although nonparticipant persons and vessels may not enter, transit through, anchor in, or remain with the safety zone without authorization from the COTP Delaware Bay or a designated representative, surrounding channels within the New Jersey Intracoastal Waterways will remain unaffected. Persons and vessels will be able to operate in the surrounding area during the enforcement period; (3) persons and vessels will still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the COTP Delaware Bay or a designated representative; and (4) the Coast Guard VerDate Sep<11>2014 17:07 Feb 27, 2020 Jkt 250001 will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners, Broadcast Notice to Mariners, and onscene actual notice from designated representatives. 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 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 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 rule would have 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 rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact 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 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 11905 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 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact 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 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 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 safety zone lasting seven hours per day for two days that would prohibit entry within certain navigable waters during a rowing event. Normally such actions are categorically excluded from further review under paragraph L60(a) 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 E:\FR\FM\28FEP1.SGM 28FEP1 11906 Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules 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 contact 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. jbell on DSKJLSW7X2PROD with PROPOSALS 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. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s Correspondence System of Records notice (84 FR 48645, September 26, 2018). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows: VerDate Sep<11>2014 17:07 Feb 27, 2020 Jkt 250001 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0088 to read as follows: ■ § 165.T05–0088 Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ. (a) Location. The following area is a safety zone: All 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°20′57″ N, longitude 074°27′59″ W; thence northeasterly along the shoreline to latitude 39°21′35″ N, longitude 074°27′06″ W; thence east across the mouth of Beach Thorofare to the shoreline at latitude 39°21′41″ N, longitude 074°26′55″ W; thence east along the shoreline to latitude 39°21′42″ N, longitude 074°26′51″ W; thence southeast across the New Jersey Intracoastal Waterway to the shoreline at latitude 39°21′43″ N, longitude 074°26′41″ W; thence southwest along the shoreline to approximate position latitude 39°20′55″ N, longitude 074°27′57″ W; thence north to the point of origin. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard petty officer, warrant or commissioned officer on board a Coast Guard vessel or on board a federal, state, or local law enforcement vessel assisting the Captain of the Port (COTP), Delaware Bay in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter or remain in the zone, contact the COTP or the COTP’s representative via VHF–FM channel 16 or 215–271–4807. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) This section applies to all vessels except those engaged in law enforcement, aids to navigation servicing, and emergency response operations. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This zone will be enforced from noon to approximately 7 p.m. on April 4, 2020, and from approximately 7 a.m. to 2 p.m., or shortly before that, on April 5, 2020. Dated: February 24, 2020. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2020–04087 Filed 2–27–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900–AQ61 Elimination of On-the-Job Training and Apprenticeship Trainee Certification Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) proposes to amend its regulations that contain the requirements for certification of attendance at on-the-job training and apprenticeship programs under the Veterans Apprenticeship and Labor Opportunity Reform Act (VALOR Act). Section 3 of this law eliminated the requirement that trainees (veterans and other eligible persons who receive the training) certify attendance at on-the-job or apprentice training prior to disbursement of a training assistance allowance, thereby placing the responsibility solely on the employer to certify attendance in on-the-job and apprenticeship programs. Although it does not apply to chapter 30, we propose to eliminate the regulatory trainee certification requirement for chapter-30 trainees as well. DATES: Comments must be received on or before April 28, 2020. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or handdelivery to Director, Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900–AQ61— Elimination of On-the-Job Training and Apprenticeship Trainee Certification.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and SUMMARY: E:\FR\FM\28FEP1.SGM 28FEP1

Agencies

[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11904-11906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04087]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0088]
RIN 1625-AA00


Safety Zone; New Jersey Intracoastal Waterway, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain navigable waters of the New Jersey Intracoastal 
Waterway. The safety zone is needed to protect participants of the 
Stockton University-AC Double Duel Regatta on these navigable waters 
near Atlantic City, NJ, during the rowing competition on April 4, 2020, 
and April 5, 2020. This proposed rulemaking would prohibit non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port (COTP) Delaware Bay or a designated 
representative. We invite your comments on the proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 16, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0088 using the Federal eRulemaking 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 about this 
proposed rulemaking, call or email Petty Officer Thomas Welker, U.S. 
Coast Guard Sector Delaware Bay, Waterways Management Division; 
telephone 215-271-4814, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    The Stockton University Athletic Department notified the Coast 
Guard that it will be conducting a rowing competition from noon to 6:30 
p.m. on April 4, 2020, and from 7:30 a.m. to 1:30 p.m. on April 5, 
2020. The competition will consist of rowing teams in 40' to 60' racing 
shells on a 2000-meter course in the New Jersey Intracoastal Waterways 
of Atlantic City, New Jersey. The Captain of the Port Delaware Bay 
(COTP) has determined that potential hazards associated with this 
rowing event will be a safety concern for participants and for vessels 
operating within the specified waters of the New Jersey Intracoastal 
Waterway.
    The purpose of this rulemaking is to protect participants, 
spectators, and transiting vessels on waters near the regatta on the 
New Jersey Intracoastal Waterway before, during, and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a temporary safety zone 
from noon on April 4, 2020, until 2 p.m. on April 5, 2020. The zone 
would be enforced from noon to 7 p.m. on April 4, 2020, and from 7 a.m. 
to 2 p.m. on April 5, 2020. The safety zone would cover all navigable 
waters of the New Jersey Intracoastal Waterway 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 duration of the zone is

[[Page 11905]]

intended to ensure the safety of participants and vessels on these 
navigable waters before, during, and after the rowing event. No person 
or vessel will be permitted to enter, transit through, anchor in, or 
remain within the safety zone without obtaining permission from the 
COTP Delaware Bay or a designated representative. If the COTP Delaware 
Bay or a designated representative grants authorization to enter, 
transit through, anchor in, or remain within the safety zone, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP Delaware Bay 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The impact of this proposed rule is not significant for the 
following reasons: (1) The enforcement periods will last seven hours 
each day of the 2-day event at a time of year when vessel traffic is 
usually low; (2) although non-participant persons and vessels may not 
enter, transit through, anchor in, or remain with the safety zone 
without authorization from the COTP Delaware Bay or a designated 
representative, surrounding channels within the New Jersey Intracoastal 
Waterways will remain unaffected. Persons and vessels will be able to 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
COTP Delaware Bay or a designated representative; and (4) the Coast 
Guard will provide advance notification of the safety zone to the local 
maritime community by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene actual notice from designated representatives.

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 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 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 rule would have 
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 rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact 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 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 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 safety 
zone lasting seven hours per day for two days that would prohibit entry 
within certain navigable waters during a rowing event. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a) 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

[[Page 11906]]

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 contact 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0088 to read as follows:


Sec.  165.T05-0088  Safety Zone; New Jersey Intracoastal Waterway, 
Atlantic City, NJ.

    (a) Location. The following area is a safety zone: All 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.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port (COTP), Delaware Bay in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This zone will be enforced from noon to 
approximately 7 p.m. on April 4, 2020, and from approximately 7 a.m. to 
2 p.m., or shortly before that, on April 5, 2020.

     Dated: February 24, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2020-04087 Filed 2-27-20; 8:45 am]
 BILLING CODE 9110-04-P